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Eric Griego: Tax man, be fair

Out-of-state corporations should not be allowed to skip paying on New Mexico profits

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Raise your hand if you like paying taxes.

We all hate having to give a chunk of our hard-earned money to the government, hoping it will be used wisely.

Even though most of us realize that taxes are the way we, as a community, pay for the things we all need - such as roads, police, schools, national defense, etc. - it still hurts. We take some solace in the fact that everyone has to pay, so at least it is somewhat fair.

Unless, of course, you are an out-of-state corporation operating in New Mexico, in which case you don't have to pay taxes on your profits at all.

That's right. A tax loophole in state law allows companies that operate in more than one state to claim their profits in another state - such as Delaware - that doesn't charge corporate income taxes. Sounds crazy, I know. Why would the state forego this revenue?

The hit on the state's general fund is significant - about $80 million a year. That's money we could use for other important needs, such as health care, education or infrastructure. And guess who gets to pick up the tab for those uncollected taxes? That's right: you and me.

In theory, all corporations in New Mexico are required to pay the Corporate Income Tax, which is a tax on profits from their operations in the state. However, multi-state corporations have used the loophole to avoid paying taxes on their profits in New Mexico.

That is not only unfair to the rest of us taxpayers, it puts local businesses at a huge disadvantage. Not only do they have to compete with the huge, multi-state retailers and restaurants that can charge lower prices because of their size, but local businesses also have to pay taxes on their profits, when these big companies do not.

The argument from some business groups has been that forcing these out-of-state companies to pay New Mexico taxes would hurt economic development. Ridiculous, because every other state west of the Mississippi except Oklahoma requires combined reporting - meaning companies have to report profits from all of their operations and pay taxes to each state accordingly.

Tax fairness advocates have been unable to persuade the Legislature and governor that we need to close the loophole. But unless enough citizens and small businesses make their concerns heard, we will continue to foot the bill for these out of state banks, retailers and restaurants.

So next time you're in a Wal-Mart or another national chain, ask yourself if you think it's fair that you are paying the taxes that paved the roads leading to it, fund the police and fire service that protect it and pay for the health care of employees who don't have insurance. The stores, on the other hand, are paying no taxes on their profits.

If you love paying taxes, just grin and bear it. However, if you think our tax system should be fair, then maybe you can do something about it. Write the governor or your state legislator and ask him or her to close the loophole. After all, your taxes pay their salaries, too.

Griego is an Albuquerque writer and former Albuquerque City Council member.