reglab/housing_qa huggingface dataset:
NM Stat § 7-3A-9 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 3A - Oil and Gas Proceeds and Pass-Through Entity Withholding Tax|Section 7-3A-9 - Interpretation of act; administration and enforcement of act; report to legislature.

A. The department shall interpret the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act. B. The department shall administer and enforce the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act, and the Tax Administration Act [Chapter 7, Article 1 NMSA 1978] applies to the administration and enforcement of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act. C. No later than December 1 of each year, the department shall submit a report to the legislature showing: (1) the total amount of taxes withheld by remitters and paid to the department during the previous calendar year pursuant to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act; and (2) the amount of taxes withheld by remitters pursuant to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act that were credited against income taxes or corporate income taxes by remittees during the previous calendar year. History: 1978 Comp., § 7-3A-9, enacted by Laws 2003, ch. 86, § 12; 2010, ch. 53, § 16; 2011, ch. 139, § 1. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, added Subsection C to require the department to submit a report to the legislature relating to the amount of taxes withheld from oil and gas proceeds. The 2010 amendment, effective May 19, 2010, in Subsection A, added "and Pass-Through Entity"; and in Subsection B, after "enforce the Oil and Gas Proceeds", added "and Pass-Through Entity" and after "enforcement of the Oil and Gas Proceeds", added "and Pass-Through Entity". Temporary provisions. — Laws 2010, ch. 53, § 17 provided that for a taxable year beginning on or after January 1, 2011, but before January 1, 2012, no remitter or pass-through entity shall be subject to the penalty imposed pursuant to Section 7-1-69 NMSA 1978 for failure to comply with the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act. Applicability. — Laws 2010, ch. 53, § 19 provided that the provisions of this act are applicable to taxable years beginning on or after January 1, 2011.
NM Stat § 7-4-1 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-1 - Short title.

Chapter 7, Article 4 NMSA 1978 may be cited as the "Uniform Division of Income for Tax Purposes Act". History: 1953 Comp., § 72-15A-16, enacted by Laws 1965, ch. 203, § 1; 1981, ch. 37, § 47. ANNOTATIONSLaw reviews. — For article, "New Mexico Taxes: Taking Another Look," see 32 N.M.L. Rev. 351 (2002). Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and application of Uniform Division of Income for Tax Purposes Act, 8 A.L.R.4th 934.
NM Stat § 7-4-3 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-3 - Allocation and apportionment of income in general.

Except as otherwise provided by law any taxpayer having income which is taxable both within and without this state, other than the rendering of purely personal services by an individual shall allocate and apportion his net income as provided in the Uniform Division of Income for Tax Purposes Act. History: 1953 Comp., § 72-15A-18, enacted by Laws 1965, ch. 203, § 3; 1981, ch. 37, § 48. ANNOTATIONSCross references. — For income allocation and apportionment, see 7-2-11 NMSA 1978. For Multistate Tax Compact, see 7-5-1 NMSA 1978 et seq. Constitutionality of apportionment. — The United States Constitution does not impose any single method of apportionment on a multistate or multinational taxpayer's income. NCR Corp. v. Taxation & Revenue Dep't, 1993-NMCA-060, 115 N.M. 612, 856 P.2d 982, cert. denied, 115 N.M. 677, 857 P.2d 788, cert. denied, 512 U.S. 1245, 114 S. Ct. 2763, 129 L. Ed. 2d 877 (1994). Factors pertinent in determining if income is business income. — Pertinent in determining whether income arises from transactions in the regular course of business is the nature of the particular transaction and former practices of the business entity; also pertinent is how the income is used. Champion Int'l Corp. v. Bureau of Revenue, 1975-NMCA-106, 88 N.M. 411, 540 P.2d 1300, cert. denied, 89 N.M. 5, 546 P.2d 70 (specially concurring opinion). Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 394, 456, 483, 491 to 493, 569 to 577, 581. 85 C.J.S. Taxation §§ 1694 et seq., 1715 et seq., 1756 to 1759.
NM Stat § 7-4-4 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-4 - When taxable in another state.

For purposes of allocation and apportionment of income under the Uniform Division of Income for Tax Purposes Act, a taxpayer is taxable in another state if: A. in that state he is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or B. that state has jurisdiction to subject the taxpayer to a net income tax, regardless of whether the state does or does not. History: 1953 Comp., § 72-15A-19, enacted by Laws 1965, ch. 203, § 4. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 4 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 471, 542. What suits at domicile of corporation involving corporate stock or rights and obligations incident thereto are in rem, jurisdiction in which may rest upon constructive service of process against nonresidents, 145 A.L.R. 1393. Income tax on nonresident or on foreign corporation, 156 A.L.R. 1370. 84 C.J.S. Taxation §§ 38, 72, 92 to 93, 112 to 115, 165, 177 to 180; 85 C.J.S. Taxation §§ 1693, 1701 to 1705, 1715 to 1719.
NM Stat § 7-4-5 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-5 - Allocation of certain nonbusiness income.

Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in Sections 6 through 9 [7-4-6 to 7-4-9 NMSA 1978] of the Uniform Division of Income for Tax Purposes Act. History: 1953 Comp., § 72-15A-20, enacted by Laws 1965, ch. 203, § 5. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 5 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 195, 196, 365, 554, 572, 574, 659. 84 C.J.S. Taxation §§ 90, 112 to 115, 123 to 124, 149, 163 to 164; 85 C.J.S. Taxation §§ 1191, 1721 to 1735, 1719, 1756 to 1759.
NM Stat § 7-4-6 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-6 - Allocation of rents and royalties.

A. Net rents and royalties from real property located in this state are allocable to this state. B. Net rents and royalties from tangible personal property are allocable to this state: (1) if and to the extent that the property is utilized in this state; or (2) in their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized. C. The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession. History: 1953 Comp., § 72-15A-21, enacted by Laws 1965, ch. 203, § 6. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 6 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 190, 195, 196, 264, 265, 658 to 665. Solid mineral royalty as real or personal property, 68 A.L.R.2d 728. Effect of § 26 of Uniform Partnership Act as converting realty into personalty, 80 A.L.R.2d 1107. 84 C.J.S. Taxation §§ 92 to 94, 112 to 115.
NM Stat § 7-4-7 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-7 - Allocation of capital gains and losses.

A. Capital gains and losses from sales of real property located in this state are allocable to this state. B. Capital gains and losses from sales of tangible personal property are allocable to this state if: (1) the property had a situs in this state at the time of the sale; or (2) the taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs. C. Capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer's commercial domicile is in this state. History: 1953 Comp., § 72-15A-22, enacted by Laws 1965, ch. 203, § 7. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 7 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 553 to 556. Capital gain or loss on failure to exercise an option or privilege, 36 A.L.R.2d 1391. Modern views as to capital gains or ordinary income treatment of profit on sale of subdivided realty which is asserted to be "capital asset" under § 1221 of the Internal Revenue Code of 1954 (26 USCS § 1221), 45 A.L.R. Fed. 292. 84 C.J.S. Taxation §§ 11, 148, 151 to 164, 172 to 173, 227, 231 to 234, 237, 404, 406, 419 to 420; 85 C.J.S. Taxation §§ 1721 to 1725.
NM Stat § 7-4-8 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-8 - Allocation of interest and dividends.

Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state. History: 1953 Comp., § 72-15A-23, enacted by Laws 1965, ch. 203, § 8. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 8 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 664, 665, 667, 677, 680. 84 C.J.S. Taxation §§ 227, 231 to 234, 237.
NM Stat § 7-4-9 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-9 - Allocation of patent and copyright royalties.

A. Patent and copyright royalties are allocable to this state: (1) if and to the extent that the patent or copyright is utilized by the payer in this state; or (2) if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this state. B. A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located. C. A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located. History: 1953 Comp., § 72-15A-24, enacted by Laws 1965, ch. 203, § 9. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 9 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 664, 665, 667, 677, 680. Power of state to tax royalties from patents, 55 A.L.R. 931. 84 C.J.S. Taxation §§ 227, 231 to 234, 237.
NM Stat § 7-4-11 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-11 - Property factor for apportionment of business income.

The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period. History: 1953 Comp., § 72-15A-26, enacted by Laws 1965, ch. 203, § 11. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 11 effective January 1, 1966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 190, 202, 208, 218, 220, 658 to 665. Situs as between different states or countries of tangible chattels for purposes of property taxation, 110 A.L.R. 707. 84 C.J.S. Taxation §§ 92 to 94, 112 to 115, 153 to 157, 172 to 173, 397 to 401, 416.
NM Stat § 7-4-12 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-12 - Valuation of property for inclusion in property factor.

Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rate is the annual rental paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. History: 1953 Comp., § 72-15A-27, enacted by Laws 1965, ch. 203, § 12. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 12 effective January 1, 1966.
NM Stat § 7-4-13 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-13 - Determination of average value of property for inclusion in property factor.

The average value of property shall be determined by averaging the values at the beginning and ending of the tax period, but the department may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property. History: 1953 Comp., § 72-15A-28, enacted by Laws 1965, ch. 203, § 13; 1986, ch. 20, § 56.
NM Stat § 7-4-14 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-14 - Payroll factor for apportionment of business income.

The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the tax period. History: 1953 Comp., § 72-15A-29, enacted by Laws 1965, ch. 203, § 14. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 14 effective January 1, 1966.
NM Stat § 7-4-15 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-15 - Determination of compensation for inclusion in payroll factor.

Compensation is paid in this state if: A. the individual's service is performed entirely within the state; or B. the individual's service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state; or C. some of the service is performed in the state and: (1) the base of operations, or, if there is no base of operations, the place from which the service is directed or controlled is in the state; or (2) the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state. History: 1953 Comp., § 72-15A-30, enacted by Laws 1965, ch. 203, § 15. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 15 effective January 1, 1966.
NM Stat § 7-4-16 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-16 - Sales factor for apportionment of business income.

The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period. History: 1953 Comp., § 72-15A-31, enacted by Laws 1965, ch. 203, § 16. ANNOTATIONSEffective dates. — Laws 1965, ch. 203, § 22 made Laws 1965, ch. 203, § 16 effective January 1, 1966.
NM Stat § 7-4-17 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-17 - Determination of sales in this state of tangible personal property for inclusion in sales factor.

Sales of tangible personal property are in this state if: A. the property is delivered or shipped to a purchaser other than the United States government within this state regardless of the f. o. b. point or other conditions of the sale; or B. the property is shipped from an office, store, warehouse, factory or other place of storage in this state and: (1) the purchaser is the United States government; or (2) the taxpayer: (a) is not taxable in the state of the purchaser; and (b) did not make an election for apportionment of business income pursuant to Subsection B or C of Section 7-4-10 NMSA 1978. History: 1953 Comp., § 72-15A-32, enacted by Laws 1965, ch. 203, § 17; 2013, ch. 160, § 8; 2015 (1st S.S.), ch. 2, § 7. ANNOTATIONSThe 2015 (1st S.S.) amendment, effective September 6, 2015, amended the qualifications for the determination of sales of tangible personal property in this state; in Subparagraph B(2)(b), after "Subsection B", added "or C". Applicability. — Laws 2015 (1st S.S.), ch. 2, § 25 provided that Laws 2015 (1st S.S.), ch. 2, § 7 apply to taxable years beginning on or after January 1, 2015. The 2013 amendment, effective January 1, 2014, excluded certain sales from being apportioned as sales in New Mexico; and added Subparagraph (b) of Paragraph (2) of Subsection B. Applicability. — Laws 2013, ch. 160, § 14 provided that Laws 2013, ch. 160, § 8 applies to taxable years beginning on or after January 1, 2014. Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 195, 196. 84 C.J.S. Taxation §§ 92 to 94, 112 to 115, 155 to 157, 172 to 173, 397 to 401, 416.
NM Stat § 7-4-18 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-18 - Determination of sales in this state of other than tangible personal property for inclusion in sales factor.

A. Sales, other than sales described in Section 7-4-17 NMSA 1978, are in this state:(1) in the case of sale, rental, lease or license of real property, if and to the extent the real property is located in this state;(2) in the case of rental, lease or license of tangible personal property, if and to the extent the tangible personal property is located in this state;(3) in the case of sale of a service, if and to the extent the service is delivered to a location in this state; and(4) in the case of sale, rental, lease or license of intangible property, if and to the extent the intangible property is used in this state.B. If the state or states of assignment under Subsection A of this section cannot be determined, the state or states of assignment shall be reasonably approximated.C. If the taxpayer is not taxable in a state to which a sale is assigned pursuant to Subsection A of this section or if the state of assignment cannot be determined or reasonably approximated pursuant to Subsection B of this section, that sale shall be excluded from the numerator and denominator of the sales factor.D. The department may promulgate rules as necessary or appropriate to carry out the purposes of this section. History: 1953 Comp., § 72-15A-33, enacted by Laws 1965, ch. 203, § 18; 2019, ch. 270, § 22. ANNOTATIONSThe 2019 amendment, effective January 1, 2020, revised provisions related to the determination of sales in this state; in the section heading, added "services and", and deleted "than tangible personal"; in Subsection A, after "other than sales", deleted "of tangible personal property" and added "described in Section 7-4-17 NMSA 1978", and added Paragraphs A(1) through A(4); and deleted former Subsections A and B and added new Subsections B through D. Applicability. — Laws 2019, ch. 270, § 59 provided that the provisions of Sections 16 through 22 and 58 of Laws 2019, ch. 270 apply to taxable years beginning on or after January 1, 2020.Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 195, 196. 84 C.J.S. Taxation §§ 92 to 94, 112 to 115, 155 to 157, 172 to 173, 397 to 401, 416.
NM Stat § 7-4-19 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-19 - Equitable adjustment of standard allocation or apportionment.

If the allocation and apportionment provisions of the Uniform Division of Income for Tax Purposes Act do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for, or the department may require, in respect to all or any part of the taxpayer's business activity, if reasonable: A. separate accounting; B. the exclusion of any one or more of the factors; C. the inclusion of one or more additional factors which will fairly represent the taxpayer's business activity in this state; or D. the employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. History: 1953 Comp., § 72-15A-34, enacted by Laws 1965, ch. 203, § 19; 1977, ch. 249, § 46; 1986, ch. 20, § 57. ANNOTATIONSTaxpayer's burden to show when modification of formula necessary. — Since there was nothing arbitrary or unreasonable about the department's conclusion that dividend income is apportionable without modification of the allocation and apportionment formula, the taxpayer bears the burden of showing by clear and cogent evidence that modification of the formula is necessary. Taxation & Revenue Dep't v. F.W. Woolworth Co., 1981-NMSC-008, 95 N.M. 519, 624 P.2d 28, rev'd on other grounds, 458 U.S. 354, 102 S. Ct. 3128, 73 L. Ed. 2d 819, reh'g denied, 459 U.S. 961, 103 S. Ct. 274, 74 L. Ed. 2d 213 (1982).
NM Stat § 7-4-20 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 4 - Division of Income for Tax Purposes|Section 7-4-20 - Agreements authorized in unusual cases.

In circumstances within the scope of Section 7-4-19 NMSA 1978 and in other circumstances where the revenues of this state would not be adversely affected, the secretary is authorized to enter into an agreement in writing with any person with respect to apportionment and allocation of that person's income. Except upon a showing of fraud or misrepresentation of a material fact or a change in the statutory law, such agreement shall be conclusive. Any agreement, however, may be terminated by either party by written notice thereof to the other party at least ninety days before the beginning of the taxable year to which the termination applies. History: 1953 Comp., § 72-15A-35, enacted by Laws 1965, ch. 203, § 20; 1981, ch. 37, § 49; 1986, ch. 20, § 58. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 7, 597; 72 Am. Jur. 2d State and Local Taxation § 833.