N.M. Stat. § 46-3A-505
Income taxes.
A. A tax required to be paid by a trustee based on receipts allocated to income must
be paid from income.
B. A tax required to be paid by a trustee based on receipts allocated to principal
must be paid from principal, even if the tax is called an income tax by the taxing
authority.
C. A tax required to be paid by a trustee on the trust's share of an entity's taxable
income must be paid:
(1)
from income to the extent that receipts from the entity are allocated only to
income;
(2)
from principal to the extent that receipts from the entity are allocated only
to principal;
(3)
proportionately from principal and income to the extent that receipts from
the entity are allocated to both income and principal; and
(4)
from principal to the extent that the tax exceeds the total receipts from the
entity.
D. After applying Subsections A through C of this section, the trustee shall adjust
income or principal receipts to the extent that the trust's taxes are reduced because the
trust receives a deduction for payments made to a beneficiary.