A. A tax in an amount equal to the federal credit is imposed on the transfer of the net estate of every resident.

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Terms Used In New Mexico Statutes 7-7-3

  • Decedent: A deceased person.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.

B. If any property of a resident is subject to a death tax imposed by another state for which a credit is allowed by Section 2011, and if the tax imposed by the other state is not qualified by a reciprocal provision allowing the property to be taxed in the state of decedent‘s domicile, the amount of the tax due under this section shall be credited with the lesser of:

(1)     the amount of the death tax paid the other state and credited against the federal estate tax; or

(2)     an amount computed by multiplying the federal credit by a fraction, the numerator of which is the value of the property subject to the death tax imposed by the other state and the denominator of which is the value of the decedent’s gross estate.