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Lou, Tax Preparer
Category: Tax
Satisfied Customers: 404
Experience:  25+ yrs Experience Personal Income Taxes - Former DM for H&R Block in California
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I live in El Paso, Texas and work in New Mexico. My question

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I live in El Paso, Texas and work in New Mexico. My question to you, is about taxes. Normally, I would have to pay taxes as a non-resident. The only thing is that when I first report to work, I report to El Paso to get my gear, then I drive to New Mexico. And, when I leave work, I drive back to El Paso and leave from work there. I'm only in New Mexico for less than six hours a day. Also, if I read the general information right (out of the New Mexico Tax Book)It states that you have to be in New Mexico for 185 days at 24 hours a day to file. This applies to both resident and non-resident. So, do I really have to file?

Hello and thank you for contacting JustAnswer. We appreciate the opportunity to be of service to you.


You have to file a New Mexico Income Tax Return as a non-resident. What you read were the requirements to qualify as a resident of New Mexico.


New Mexico, as does all states, require that income tax returns be filed by a non-resident for all income earned in the state.


Part year and non-residents must file if they if they are required to file a federal income tax return, and receive New Mexico source income.


I am attaching a link for you to download the form and instructions:


The following is an excerpt from page 2 of the instructions:

"You are a New Mexico non-resident if you were not domiciled in New Mexico for any part of the tax year and you were not physically present in New Mexico for at least 185 days. Military personnel who are temporarily assigned to New Mexico, but who have established residence in another state, should claim non-resident filing status."

If yo have any additional questions on this topic, be sure and get back to me.

Lou and 3 other Tax Specialists are ready to help you
Customer: replied 8 years ago.
As much as I hate to pay for state taxes for a state that I don't even live in, I want to thank you for clarifying a matter that couldn't even be answered by the people that work for that state. Now that I have some clarity and direction I can move on and do what's right. Again, thank you for your quick response and great answers.

El Paso, TX
You are welcome