A credit claimant must:

• have a Modified Gross Income of $21,424 or less
• be a resident of New Mexico during the tax year
• furnish over half the cost of maintaining a household for one or more qualifying dependents for that part of the tax year for which the rebate is claimed (either separately or jointly with a spouse)
• be gainfully employed for that part of the tax year for which the credit is claimed. If they file a joint return, both spouses must have been gainfully employed unless one was disabled for that part of the tax year for which the credit is claimed
• not be a recipient of public assistance under a program of temporary assistance for needy families or a similar program during that part of the tax year for which the credit is claimed.

No credit can be claimed for amounts paid to a caregiver unless the caregiver:

• was at least 18 years old at the time care was provided
• provided the day care service within New Mexico;
• provided day care for fewer than 24 hours daily, and
• could not be claimed as a dependent by you or your spouse for federal income tax purposes.

A husband and wife maintaining a household for one or more qualifying dependents but filing separate returns for a tax year may each claim only half the credit allowed for a joint return.

Definitions You Need To Know To Claim the Child Day Care Credit

1. "Qualifying dependent" means a person under the age of 15 at the end of the tax year who has received the services of a caregiver. Dependent includes a child of divorced or legally separated parents when the taxpayer meets all requirements for claiming a federal child care credit.

2. "Gainfully employed" means working for others for compensation, either full-time or part-time, or being self-employed. Actively seeking employment or school attendance does not qualify as gainful employment.

3. "Cost of maintaining a household" means the expenses for operating the principal place of residence for the mutual benefit of its occupants. These expenses include property taxes, mortgage interest, rent, utility charges, upkeep and repairs, property insurance and food. Cost of maintaining a household does NOT include cost of clothing, education, medical treatment, vacations, life insurance, transportation or principal payments on mortgages.

4. "Disabled person" means a person who has a medically determinable physical or mental impairment, certified by a licensed physician, that renders the person unable to engage in gainful employment.

   NOTE: The department may ask you to provide certification of disability from your physician, but do NOT include it with your return.

5. "Caregiver" means either an individual 18 years of age or over or a corporation who receives compensation from the credit claimant for providing direct care and supervision to a qualifying dependent in New Mexico. A caregiver may be related to, but not a dependent of, the claimant.

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