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New Mexico Form 1125-E: What You Should Know

If the 2023 IRS guidance changes apply to this form, we have updated the current version of form 1125-E accordingly. Form 1125-E was first created in 1970 to implement the federal “Salary Adjustment Incentive Plan” or SA AIP, which provided a 3% increase in total compensation for the members of the executive and professional staff to be paid to non-federal executives and professionals in tax years and to federal professionals in tax years 2018-19. The SA AIP was terminated by Executive Order 12438 (Oct. 13, 1970). See here for more details. Employees of the state and local government are paid as if they were federal employees, or their equivalent, and are eligible to participate in the SA AIP. See also here. In addition, SA AIP participants are entitled to certain other employee benefits not provided by the federal government. Form 1125-E was also established under a federal law to allow the state and local governments of New Mexico to adjust executive compensation for state and local employees while maintaining the federal standard of equal pay. Federal Employees Benefit and Compensation Act (FEB CA), 26 U.S.C. 4975. The FEB CA allows a “statute of limitations” to begin if a law agency files an initial request for a review and determination under the FEB CA within 120 days after the request to a court or governmental agency. The state and local governments in New Mexico are entitled to compensation in accordance with FEB CA if their employees are eligible to participate in the SA AIP. This is the earliest date by statute where compensation can be adjusted for executive employees. The SA AIP is no longer in existence but has survived in New Mexico, in part because only state and local government employees are eligible for it. In May 2017, Governor Martinez signed into law a new law establishing one of the “three R's” under the state pay plan. (These are Real Retirement, Real Retirement Plus, and Reinvestment in Public Education) See here for more details. New Mexico is one of the 31 states in which the IRS “voluntarily” collects information from taxpayers. See Form 9002, Federal Tax Year 2023 Federal Individual Income Tax Return, (IRS) for the state tax year 2015.

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