§ 35.061 BUREAU AS AGENT FOR COLLECTION; MUNICIPALITY LIABLE ON REFUNDS.
   The municipality hereby appoints the New Mexico Bureau of Revenue as its agent to administer and enforce the collection of the municipal gross receipts tax. The Tax Administration Act (NMSA §§ 7-1-1 et seq.) applies to the administration and enforcement of the Municipal Gross Receipts Tax Ordinance. Any refund or other reimbursement which is due a taxpayer under the Municipal Gross Receipts Tax Ordinance is a debt owing to the taxpayer from the municipality. The Bureau may remit the refund or reimbursement to the taxpayer and deduct an equivalent amount from current collections attributable to the municipality. Should current collections not be sufficient to satisfy all refunds and reimbursements that are due and owing, the Bureau is authorized and directed to make the refunds and reimbursements from the amounts of state gross receipts tax otherwise distributable to the municipality. If the Bureau is unable to otherwise satisfy all refunds and reimbursements that are due and owing, the Bureau shall so advise the municipality, and the municipality shall treat the refunds and reimbursements as extraordinary, nonrecurring debts for which the municipality shall be liable as if it had been a party to the claim for refund or reimbursement, and which shall be satisfied by additional assessments of the citizens of the municipality or by another legal means. Should the Bureau require it, the municipality will enter into a contract with the Bureau, whose terms are the same as those set out in this section.
(Ord. 499, passed 5-3-1976; Am. Ord. 502, passed 8-9-1976; Am. Ord. 512, passed 8-28-1978)