Published on January 28, 2026.
New Mexico’s leaders have worked hard to improve the fairness of our state tax code in the last several years. The work has paid off as New Mexico recently made the most progress towards tax fairness in the nation.1 However, the One Big Beautiful Bill Act (OBBBA) made changes to the federal tax code that give expensive tax breaks to the wealthiest households, at the expense of families who depend on income support programs. These provisions work against the tax fairness New Mexico’s leaders and communities believe in. While it includes tax changes that will help some working families, the deep cuts that are central to the bill will gut critical programs that help thousands of New Mexico families afford their basic needs without making up for those losses through fair changes in the tax code. Additionally, these tax breaks for the wealthy will cost New Mexico millions of dollars in revenue that the state could continue to invest in the future of our kids.
Child Tax Credit Changes Failed to Expand Its Reach to More Children in Poverty
Although the OBBBA increased the federal Child Tax Credit (CTC) to a maximum credit of $2,200 per child (and will index it to inflation this year, retroactive to January 1, 2025), this increase will not reach the children in families who would benefit the most. For example, 28% of children in the U.S. are in families with household incomes that are too low to qualify for the full credit, and that rate is even higher in New Mexico (44%)2. As with many other aspects of the OBBBA, this change will primarily benefit families who already have more economic security and less need for a refundable tax credit.
When the federal CTC temporarily became fully refundable through the American Rescue Plan Act in 2021, 95% of kids in New Mexico benefited, and an additional 32,000 children in the state were lifted out of poverty.3 When those changes expired in 2022, the rate of child poverty rebounded to previously higher levels, as families whose incomes were too low were once again excluded from receiving some or all of the credit. Congress could have improved the federal CTC by reinstating some of the COVID-era expansions that improved the well-being of New Mexico’s families and children. Instead, the OBBBA retained the inequitable structure of the CTC by increasing the credit amount while excluding the families who need it the most. As many as 159,000 children in New Mexico will not receive the $200 increase to the federal CTC.4
Immigrants and Mixed-Status Families are Targeted by CTC Changes
Immigrants—regardless of status—have long contributed to the U.S. economy and paid taxes, whether through a Social Security Number (SSN) or an Individual Tax Identification Number (ITIN). Despite these contributions, they have historically been excluded from many of the very benefits their tax dollars help fund. The OBBBA further exacerbates this inequity by limiting tax benefits to taxpayers with an SSN, thereby excluding ITIN filers despite their continued obligation to pay taxes.
The OBBBA threatens the economic security of New Mexico’s children in immigrant and mixed-status families by denying workers and caretakers access to both longstanding tax benefits and newly created ones. Beginning in tax year 2025, an estimated 11,000 U.S. citizen and lawfully-present children in New Mexico will be locked out from claiming the CTC because neither parent has an SSN – an estimate that is likely higher as it only captures children with exclusively undocumented parents, and does not account for the complex caregiving arrangements that are common in mixed-status families.11 Additionally, the OBBBA makes permanent the requirement that children have an SSN in order for their family to qualify for the CTC. As a result, more than 3,000 undocumented children in New Mexico will remain excluded from the CTC.12
Tax Cuts in the OBBBA are Skewed to Favor the Highest Earners
The OBBBA made many tax cuts in the 2017 Tax Cuts and Jobs Act permanent.13 As a result, the wealthiest New Mexico households receive the largest cuts (see Figure 2), while the lowest earners’ negligible tax reductions fail to offset the additional costs they will face from significant cuts to Medicaid and SNAP, and increases to Marketplace insurance premiums due to the expiration of Enhanced Premium Tax Credits.
For example, consider a family of four with a household income of $64,300, which is only at 200% of the federal poverty level.14 Although the average tax change for this income bracket would be a reduction of $1,080,15 this household is also likely eligible for SNAP, may have a child eligible for Medicaid, and could purchase health insurance through the ACA Marketplace. On average, a family like this one might lose up to $840 annually in SNAP benefits16; and if New Mexico hadn’t passed legislation to help offset increased health insurance costs through the Marketplace, they might have also seen an increase in health insurance costs of just under $1,50017.
It quickly becomes clear that, with all of the cuts and limits to access for these programs in the OBBBA, the loss of benefits far outweighs the small tax cuts. Additionally, if the tax cuts given to the richest one percent had been distributed evenly instead of concentrated at the top of the income bracket, an additional $751 could have also been returned to each family of four in New Mexico.18
Corporate Income Tax Cuts in OBBBA Mean Lost Revenue for New Mexico
Along with these permanent personal income tax cuts, the OBBBA included several cuts to corporate income taxes that will affect New Mexico. Because of a practice called rolling tax conformity, the state automatically adopts the majority of federal tax changes as they occur.19 There are four specific tax changes in the OBBBA that are bad policy at a state level, because they mean forgoing revenue from taxing the nationwide profits of multistate corporations. This will effectively subsidize investments that occur largely or entirely in other states, and do not benefit New Mexico’s economy.20 The four provisions are:
- Bonus depreciation, which allows businesses to write off the full costs of machinery and equipment in their first year (rather than spreading the cost over the life of the asset), bunching all deductions into one year to create a significant upfront tax break;
- Research and experimental (R&E) expenses, which allow immediate and retroactive write-offs for qualified business expenses (although the payoff for these types of investments is seen over multiple years);
- Interest deductibility cap, which loosens the cap on how much interest on loans can be deducted by corporations, and allows large companies to excessively leverage debt to reduce taxes21 (particularly incentivizing private equity firms to acquire firms with debt to maximize their profits); and
- The Opportunity Zones program, which is intended to encourage investment in low-income and undercapitalized communities through deferred and reduced capital gains taxes. Instead, the program has generated few jobs or benefits, while providing tax windfalls to wealthy individuals and corporations for projects that likely would have occurred without the incentive.22
Each of these provisions offers costly corporate tax breaks that are already costing New Mexico needed revenue. With the substantial changes to the tax code included in the OBBBA, New Mexico now has a window to re-evaluate those items in the federal tax that the state automatically conforms to, in order to prevent significant and unnecessary revenue losses.
Not every provision costs New Mexico revenue. In fact, one change in the OBBBA addresses tax avoidance of corporations that claim to have generated profits offshore by shifting to tax Net Controlled Foreign Corporation Tested Income (NCTI). New Mexico should capitalize on this positive change in the OBBBA by conforming to this provision, including 100% of NCTI in its tax base, subject to traditional factor representation.
- Changes Over the Past Few Years Have Made Our State and Local Tax Code More Equitable,” New Mexico Voices for Children, February 2024, https://www.nmvoices.org/archives/18629.
- “Children Left Behind by the H.R. 1 “One Big Beautiful Bill Act” Child Tax Credit,” Center on Poverty and Social Policy, Columbia University, August 6, 2025, https://povertycenter.columbia.edu/sites/povertycenter.columbia.edu/files/content/Publications/Children-Left-Behind-OBBBA-Child-Tax-Credit-CPSP-2025.pdf.
- “From Poverty to Prosperity: How Tax Credits Impact Child Poverty and Well-Being,” New Mexico Voices for Children, December 2024, https://www.nmvoices.org/archives/19530#:~:text=Second%2C%20it%20was%20made%20fully,32%2C000%20children%20out%20of%20poverty.
- “Harmful Republican Megabill Fails Families, Children, and Communities: New Mexico,” Center on Budget and Policy Priorities, updated July 2025, https://www.cbpp.org/research/state-budget-and-tax/harmful-republican-megabill-fails-families-children-and-communities#pick_state=1&state=NM
- “The Child Tax Credit: How It Works and Who Receives It,” congress.gov, November 13, 2025, https://www.congress.gov/crs-product/R41873#_Toc214025697
- Ibid.
- The Tax Policy Briefing Book, “What is the Child Tax Credit?” Tax Policy Center, updated August 2025, https://taxpolicycenter.org/briefing-book/what-child-tax-credit
- Ibid.
- “The Child Tax Credit: How It Works and Who Receives It,” congress.gov, November 13, 2025, https://www.congress.gov/crs-product/R41873#_Toc214025697
- Ibid.
- “Harmful Republican Megabill Fails Families, Children, and Communities: New Mexico,” Center on Budget and Policy Priorities, updated July 2025, https://www.cbpp.org/research/state-budget-and-tax/harmful-republican-megabill-fails-families-children-and-communities#pick_state=1&state=NM
- “Profile of the Unauthorized Population: New Mexico,” Migration Policy Institute, https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/NM, last accessed Dec 4, 2025.
- “FAQ: The One Big Beautiful Bill, Explained,” Tax Foundation, July 23, 2025, https://taxfoundation.org/research/all/federal/one-big-beautiful-bill-act-tax-changes/
- 2025 Poverty Guidelines, U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation, https://aspe.hhs.gov/sites/default/files/documents/dd73d4f00d8a819d10b2fdb70d254f7b/detailed-guidelines-2025.pdf
- “Analysis of Tax Provisions in the Trump Megabill as Signed into Law: National and State Level Estimates,” ITEP, July 7, 2025, https://itep.org/tax-provisions-in-trump-megabill-national-and-state-level-estimates/
- “How the Senate Budget Reconciliation SNAP Proposals Will Affect Families in Every US State,” Urban Institute, July 2025, https://www.urban.org/sites/default/files/2025-07/How-the-Senate-Budget-Reconciliation-SNAP-Proposals-Will-Affect-Families-in-Every-US-State.pdf
- New Mexico Voices for Children analysis of the Fiscal Impact Report on HB 2, from the 2025 1st Special Session. https://www.nmlegis.gov/Sessions/25%20Special/firs/HB0002.PDF
- “How Much Would Every Family in Every State Get if the Megabill’s Tax Cuts Given to the Rich Had Instead Been Evenly Divided?” ITEP, July 14, 2025, https://itep.org/map-family-state-megabills-tax-cuts-evenly-divided/
- The ITEP Guide to State and Local Taxes, “How Does Federal-State Tax Conformity Work?” ITEP, https://itep.org/how-does-federal-state-tax-conformity-work/
- “Why States Shouldn’t Go Along with OBBBA’s Corporate Tax Breaks: A Practical Guide,” ITEP, October 27, 2025, https://itep.org/states-obbba-corporate-tax-breaks-a-practical-guide/
- Ibid.
- State Revenue Alliance analysis of Opportunity Zones, 2026.