A. Except as otherwise provided in Subsection C of this section, an individual whose state income tax liability after application of allowable credits and tax rebates in a year is lower than the amount of money held by the department to the credit of the individual for that tax year may designate a portion of the income tax refund due to the individual to be contributed for assistance to members of the New Mexico national guard and to their families. In the case of a joint return, both individuals must make such a designation.

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B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

“National Guard Member and Family Assistance – Check [ ] if you wish to contribute a part or all of your tax refund for assistance to members of the New Mexico national guard and to their families. Enter here $         the amount of your contribution.”.

C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act [N.M. Stat. Ann. Chapter 7, Article 2C], and any designation made under the provisions of this section to such refunds is void.