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Apply New Mexico's rules for a filer who can be claimed as a dependent - #10088

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@MaxGhenis MaxGhenis commented Oct 11, 2026 •

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Summary

New Mexico bars "a dependent of another individual" from several credits and exemptions, and counts as dependents only those allowed under IRC 152, which leaves a return with a claimable filer none (IRC 152(b)(1)). The model applied none of these, and two 65+ provisions counted a dependent's age as if it were a filer's. On a joint return, TRD's PIT-RC instructions say a spouse who is not a dependent "may still qualify to claim rebates or credits" (2025 PIT-RC p.2), so those credits stay for that spouse.

Which fact each rule reads (#10024 separates them): the "not a dependent of another individual" rules (child income tax credit, medical care credit, property tax rebate, centenarian exemption) read whether a filer can be claimed; the rules that need dependents (child care credit child, certain-dependents deduction) and the childless EITC read whether a filer can be claimed and the filing exception does not apply (Pub. 501, Pub. 596).

Stacked on the federal claimable-filer PR (which corrects exemptions_count and with it the low-income comprehensive tax rebate and the low- and middle-income exemption) and on #10024.

Formula Rule now Source
nm_ctc Needs a filer who cannot be claimed; the child count is not changed here (it still reads eitc_child_count, which #10047 replaces with a 152(c) count) NMSA 7-2-18.34(A): "a taxpayer who is a resident and is not a dependent of another individual"; (J)(2) imports 152(c), not 152(b)(1); PIT-RC p.10
nm_medical_expense_credit A filer who is both 65 or older and not claimable; a dependent's age no longer counts NMSA 7-2-18.13(A): "a taxpayer ... who is sixty-five years of age or older and who is not a dependent of another taxpayer"; PIT-RC line 23: "If you or your spouse are 65 years of age or older"
nm_medical_expense_exemption A filer 65 or older; no dependency bar NMSA 7-2-5.9(A): "Any individual sixty-five years of age or older"; PIT-ADJ line 18: "If you or your spouse are 65"
nm_eitc_demographic_eligible Childless route needs no filer who can be claimed outside the filing exception (either spouse bars, as federally) and a filer of eligible age. The child route needs a qualifying child under IRC 32(c)(3) before the identification rule: a dependent under 19, a student under 24, or permanently and totally disabled. It counted any member under 18, a filer included, and missed qualifying children aged 18 or over NMSA 7-2-18.15 imports federal eligibility apart from age and ID; IRC 32(c)(1)(A)(ii)(II)-(III), 32(c)(3); Pub. 596 Rule 12
nm_property_tax_rebate_eligible A filer who is both 65 or older and not claimable NMSA 7-2-18: "a dependent of another individual"
nm_hundred_year_exemption Each spouse 100 or older qualifies only if not claimable NMSA 7-2-5.7; PIT-ADJ: another person "cannot claim the centenarian as a dependent"
nm_cdcc_eligible_child No eligible child when either filer can be claimed and the filing exception does not apply NMSA 7-2-18.1 counts IRC 152 dependents; 152(b)(1)
nm_deduction_for_certain_dependents No dependents to count when either filer can be claimed and the filing exception does not apply NMSA 7-2-39 defines dependent by IRC 152; 152(b)(1)

Readings for Max (queue via the US + core hub)

  1. Medical care credit, mixed ages. NMSA 7-2-18.13(A) puts the age and dependency tests on the same taxpayer, so a joint return whose only 65+ spouse can be claimed gets $0. The form-literal alternative (either spouse 65+, any spouse not claimable) gives $2,800. Make rules for a filer claimed elsewhere independent of which spouse is labelled head #10024 uses the same-filer reading only when a filer can be claimed; this PR also drops a dependent's age in every case.
  2. Child income tax credit, mixed joint. A spouse who cannot be claimed keeps the credit and the 152(c) children (recommended); importing 152(b)(1) too would give $0.
  3. Low-income rebate age and blind extras (in the federal PR): the claimable spouse's age-65 and blind exemptions still count under 7-2-14(C)'s "each individual ... included in the return"; dropping them is the alternative.

Not changed: the centenarian exemption still treats all of a couple's income as community income (half each), which predates this PR; an independent centenarian with $10,000 of separate income and a younger spouse gets $5,000 exempted, not $10,000. Also not changed: the medical expense exemption's threshold. The code and the PIT-ADJ instructions use "$28,000 or more"; NMSA 7-2-5.9(A) says expenses that "exceed" $28,000. #10047 documents that conflict.

Invariants

  1. Swap invariance of every changed output under either head/spouse labelling.
  2. Monotonicity. Marking another filer as claimed never raises any changed output.
  3. Unchanged when no filer can be claimed (a filer who can be claimed but is not claimed does trigger these rules), except three intended changes: the 65+ tests and the EITC age test now look only at filers (so a dependent's age no longer qualifies a return), and the EITC child route needs a qualifying child under IRC 32(c)(3): it now counts one aged 18 or over (before, such a return usually qualified through the child's own age) and no longer counts a filer under 18 or a child who is not a qualifying child.

Tests

  • YAML: variable-named cases for every changed formula. Each joint case with exactly one claimable spouse, and each control whose spouses differ, appears under both head/spouse labellings. Run locally at 81f0f97d1b: the changed YAML files and the test folders next to every changed variable (18 files): 164 passed, 0 failed.
  • Property test policyengine_us/tests/core/test_claimable_filer_nm_invariants.py for 2023, 2025 and 2026. Hypothesis batches check invariant 1; a seeded New Mexico population and crafted centenarian couples check 1 and 2. 4 tests passed, 0 failed, in 35 s with a peak memory footprint of 1.8 GB (/usr/bin/time -l).

Microsimulation impact

Real microsimulations on the default dataset (hf://datasets/policyengine/populace-us/populace_us_2024.h5@populace-us-2024-spm-20260909) for 2025 and 2026, compared record by record. In that dataset no person can be claimed as a dependent on another return (claimable_as_dependent_on_another_return is true for 0 of 166,321 people), so every rule gated on it is inactive there; the runs check that nothing else moves.

This stack's federal branch (35a2cbcbb9) against a local merge of the four state branches onto it (13d24ac157). Each state branch changes only its own state's variables, so the comparison is split by state.

  • 2025:
Variable (weighted total) Base This change Difference Records changed (weighted)
household_net_income (New Mexico households) n/a n/a -191,795 3 (3,212)
nm_eitc_demographic_eligible 825,945 tax units 806,211 tax units -19,734 tax units 22 (19,734)
nm_eitc $147,865,111 $147,673,317 -191,794 4 (3,212)
  • 2026:
Variable (weighted total) Base This change Difference Records changed (weighted)
household_net_income (New Mexico households) n/a n/a -199,836 3 (3,235)
nm_eitc_demographic_eligible 831,843 tax units 811,968 tax units -19,875 tax units 22 (19,875)
nm_eitc $149,969,937 $149,770,108 -199,828 4 (3,235)

What changes (22 records each year, all with federal EITC $0): 16 are one-person tax units of a filer aged 3 to 17. Before, tax_unit_children counted that filer as the return's own child, which opened the child route; four of them got a New Mexico EITC of $11 to $62. Now the child route needs a qualifying child, and they are below New Mexico's minimum childless age. The other six are returns whose filers are all 67 or older, where only an adult dependent met the age range; their New Mexico EITC was already $0. Household net income changes in the three households that hold the four tax units.

Axiom parity

axiom: us-nm/statutes/7-2-18/34 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-18/13 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-5/9 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-18/15 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-39 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-18 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-18/1 queued (NM1: TheAxiomFoundation/rulespec-us#1687) | us-nm/statutes/7-2-5/7 queued (NM1: TheAxiomFoundation/rulespec-us#1687)

Every queued item is a pe-parity issue filed in TheAxiomFoundation/rulespec-us on 2026-10-12 (verbatim law, required outputs, review finding, companion tests).

🤖 Generated with Claude Code

MaxGhenis and others added 12 commits October 9, 2026 12:27
NMSA chapter 7 article 2 bars "a dependent of another individual" from
several credits and exemptions that the model gave anyway, and counts as
dependents only those allowed under IRC 152, which leaves a return with a
claimable filer none (IRC 152(b)(1)). Now:
- the child income tax credit (7-2-18.34) needs a filer who cannot be claimed;
- the 65+ medical care credit (7-2-18.13) needs a filer who is both 65+ and
  not claimable, and it and the 65+ medical exemption (7-2-5.9) no longer
  count a dependent's age;
- the elderly property tax rebate (7-2-18) and the 100+ exemption (7-2-5.7)
  apply per filer;
- the working families credit (7-2-18.15) applies the federal childless-filer
  dependent test and the filer-only age test;
- the child day care credit (7-2-18.1) and the deduction for certain
  dependents (7-2-39) count no dependents when a filer can be claimed.
On a joint return, a spouse who cannot be claimed keeps the credits that TRD's
PIT-RC instructions say "your spouse may still qualify to claim".

Co-Authored-By: Claude Opus 5.5 <noreply@anthropic.com>
- EITC: the child route counts qualifying children under IRC 32(c)(3) (a
  dependent under 19, a student under 24, or permanently and totally disabled)
  instead of members under 18, so the filer-only age test and the dependent
  test no longer deny a return with an older qualifying child.
- Property tax rebate reference opens the page with the qualifications.
- Tests: older qualifying children, swapped unclaimed controls, and centenarian
  cases in the property test.

Co-Authored-By: Claude Opus 5.5 <noreply@anthropic.com>
…ing children

The child route still counts members under 18 (so abstract fixtures and
head-less units behave as before) and adds qualifying children under IRC
32(c)(3) aged 18 or over.

Co-Authored-By: Claude Opus 5.5 <noreply@anthropic.com>
# Conflicts:
#	policyengine_us/variables/gov/states/nm/tax/income/credits/nm_medical_expense_credit.py
Dependent rules (child care credit child, certain-dependents deduction) and the
childless EITC read the claimable-and-not-within-the-filing-exception helper;
the "not a dependent of another individual" rules read claimability.

Co-Authored-By: Claude Opus 5.5 <noreply@anthropic.com>
A spouse or head under 18 made a childless joint return look as if it had a
child, which bypassed the dependent test. The child route now needs a member
under 18 who is not a filer, or an older qualifying child.

Co-Authored-By: Claude Opus 5.5 <noreply@anthropic.com>
A member under 18 who is not a qualifying child under IRC 32(c)(3) no longer
makes the return look as if it had a child, which bypassed the dependent test.

Co-Authored-By: Claude Opus 5.5 <noreply@anthropic.com>
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Hand-off to the US + core hub

Pending (not mine to do):

Follow-ups: listed in #10087 under "Follow-ups"; the hub holds the regional state PRs stacked on the federal branch.

Session local_0143a3e8-4ab1-4492-8aab-9140b74e67e5 is closing; the hub owns this PR from here.

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