reglab/housing_qa huggingface dataset:
NM Stat § 7-8A-25 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-25 - Agreement to locate property.

A. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is forty-eight months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim. B. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner and states the value of the property before and after the fee or other compensation has been deducted. C. If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable. D. An agreement covered by this section which provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable or the administrator on behalf of the owner may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney fees to an owner who prevails in the action. E. This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation. History: Laws 1997, ch. 25, § 25; 2006, ch. 37, § 3. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, extending the time period during which an agreement to locate property is valid from twenty-four months to forty-eight months.
NM Stat § 7-8A-26 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-26 - Foreign transactions.

The Uniform Unclaimed Property Act (1995) does not apply to: (1) property held, due and owing in a foreign country and arising out of a foreign transaction; (2) funds in a member's share account in a credit union if the bylaws of the credit union provide for unclaimed funds to be used for educational or charitable uses; and (3) patronage capital or other tangible ownership interest in a rural electric cooperative, a telephone cooperative, a water cooperative or an agricultural cooperative, if the bylaws of the cooperative provide for unclaimed patronage capital to be used for educational scholarships or other charitable uses. History: Laws 1997, ch. 25, § 26. ANNOTATIONSEffective dates. — Laws 1997, ch. 25, § 34 made Laws 1997, ch. 25, § 26 effective July 1, 1997.
NM Stat § 7-8A-27 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-27 - Transitional provisions.

(a) An initial report filed under the Uniform Unclaimed Property Act (1995) for property that was not required to be reported before the effective date of that act, but which is subject to that act, must include all items of property that would have been presumed abandoned during the ten-year period next preceding the effective date of the Uniform Unclaimed Property Act (1995) as if that act had been in effect during that period. (b) The Uniform Unclaimed Property Act (1995) does not relieve a holder of a duty that arose before the effective date of that act to report, pay or deliver property. Except as otherwise provided in Section 19(b) [7-8A-19(b) NMSA 1978] of the Uniform Unclaimed Property Act (1995), a holder who did not comply with the law in effect before the effective date of that act is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section. History: Laws 1997, ch. 25, § 27. ANNOTATIONSEffective dates. — Laws 1997, ch. 25, § 34 made Laws 1997, ch. 25, § 27 effective July 1, 1997.
NM Stat § 7-8A-28 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-28 - Rules.

The administrator may adopt pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules necessary to carry out the Uniform Unclaimed Property Act (1995). History: Laws 1997, ch. 25, § 28. ANNOTATIONSEffective dates. — Laws 1997, ch. 25, § 34 made Laws 1997, ch. 25, § 28 effective July 1, 1997.
NM Stat § 7-8A-29 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-29 - Uniformity of application and construction.

The Uniform Unclaimed Property Act (1995) shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it. History: Laws 1997, ch. 25, § 29. ANNOTATIONSEffective dates. — Laws 1997, ch. 25, § 34 made Laws 1997, ch. 25, § 29 effective July 1, 1997.
NM Stat § 7-8A-30 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-30 - Short title.

Chapter 7, Article 8A NMSA 1978 may be cited as the "Uniform Unclaimed Property Act (1995)". History: Laws 1997, ch. 25, § 30; 2006, ch. 37, § 4. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, provided that the Uniform Unclaimed Property Act includes sections compiled within Chapter 7, Article 8A NMSA 1978.
NM Stat § 7-8A-31 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 8A - Uniform Unclaimed Property Act|Section 7-8A-31 - Severability clause.

If any provision of the Uniform Unclaimed Property Act (1995) or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable. History: Laws 1997, ch. 25, § 31. ANNOTATIONSEffective dates. — Laws 1997, ch. 25, § 34 made Laws 1997, ch. 25, § 31 effective July 1, 1997.
NM Stat § 7-9-3.1 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-3.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1992, ch. 48, § 4 repealed 7-9-3.1 NMSA 1978, as enacted by Laws 1991, ch. 9, § 26, defining "livestock", effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. Compiler's notes. — Laws 2003, ch. 272, § 3 was to be codified as this section, but was instead codified as 7-9-3.5 NMSA 1978.
NM Stat § 7-9-4.1 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-4.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 41, § 10 repealed 7-9-4.1 NMSA 1978, as enacted by Laws 1986, ch. 20, § 67, relating to a credit to be deducted from the gross receipts tax, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.
NM Stat § 7-9-4.2 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-4.2 - Repealed.

ANNOTATIONSRepeals. — Laws 1994, ch. 45, § 8A repealed 7-9-4.2 NMSA 1978, as enacted by Laws 1990 (1st S.S.), ch. 1, § 3, relating to a temporary credit for the gross receipts tax, effective July 1, 1994. For provisions of former section, see the 1993 NMSA 1978 on NMOneSource.com.
NM Stat § 7-9-4.3 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-4.3 - Imposition and rate of tax; denomination as "governmental gross receipts tax".

For the privilege of engaging in certain activities by governments, there is imposed on every agency, institution, instrumentality or political subdivision of the state, except any school district and an entity licensed by the department of health, other than a hospital, that is principally engaged in providing health care services, an excise tax of five percent of governmental gross receipts. The tax imposed by this section shall be referred to as the "governmental gross receipts tax".History: 1978 Comps., § 7-9-4.1, enacted by Laws 1991, ch. 8, § 2; 1992, ch. 49, § 1; 1992, ch. 100, § 2; 1993, ch. 332, § 1; 1993, ch. 352, § 1; 2019, ch. 270, § 27. ANNOTATIONSCompiler's notes. — Laws 1991, ch. 8, § 2 enacted this section as 7-9-4.1 NMSA 1978, but, since a section with that code number had already been enacted, this section was compiled as 7-9-4.3 NMSA 1978. The 2019 amendment, effective July 1, 2019, excluded hospitals from "entities licensed by the department of health" that are exempt from paying governmental gross receipts tax; and after "department of health", added "other than a hospital".The 1993 amendment, effective July 1, 1993, inserted "school district and any" in the first sentence. Laws 1993, ch. 332, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 1993, ch. 352, § 1. See 12-1-8 NMSA 1978. The 1992 amendment, effective July 1, 1992, substituted all of the present language of the first sentence beginning with "every agency" for "the state of New Mexico and any agency, institution, instrumentality, or political subdivision thereof an excise tax of five percent of governmental gross receipts".
NM Stat § 7-9-6 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-6 - Separately stating the gross receipts tax.

A. Taxpayers subject to the Gross Receipts and Compensating Tax Act, when billing a customer, shall separately state the amount of tax associated with the transaction or provide a statement affirmatively indicating that the gross receipts tax is included in the amount billed.B. When the gross receipts tax is stated separately on the books of the seller or lessor, and if the total amount of tax that is stated separately on transactions reportable within one reporting period is in excess of the amount of gross receipts tax otherwise payable on the transactions on which the tax was stated separately, the excess amount of tax stated on the transactions within that reporting period shall be included in gross receipts.History: 1953 Comp., § 72-16A-6, enacted by Laws 1966, ch. 47, § 6; 1970, ch. 28, § 1; 2019, ch. 270, § 29. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, required taxpayers subject to the gross receipts and compensating tax, when billing a customer, to separately state the amount of the tax associated with the transaction; and added a new Subsection A and subsection designation "B".Am. Jur. 2d, A.L.R. and C.J.S. references. — Reusable soft drink bottles as subject to sales or use taxes, 97 A.L.R.3d 1205.
NM Stat § 7-9-7.1 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-7.1 - Department barred from taking collection actions with respect to certain tax liabilities.

The department shall take no action to enforce collection of gross receipts tax for a tax period prior to July 1, 2019 on persons engaging in business if that person:A. lacked physical presence in the state; andB. did not report taxable gross receipts prior to July 1, 2019.History: 1978 Comp., § 7-9-7.1, enacted by Laws 1993, ch. 45, § 1; 1994, ch. 34, § 1; 1995, ch. 50, § 2; 2019, ch. 270, § 31. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, prohibited the department from taking action to enforce collection of gross receipts tax with respect to certain tax liabilities, and removed provisions related to the prohibition of taking action to enforce the collection of compensating tax with respect to certain tax liabilities; in the section heading, deleted "compensating"; and deleted former Subsections A and B and added the introductory clause and new Subsections A and B.
NM Stat § 7-9-7.2 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-7.2 - Authority to establish standards for certified service providers.

A. The secretary is authorized to provide information, upon which taxpayers may rely, as to the taxability of gross receipts from particular transactions, including taxability matrices, and is further authorized to establish standards for the certification of certified service providers that offer software-based systems to enable taxpayers to properly determine the taxability of gross receipts from particular transactions.B. As used in this section, "certified service provider" means "certified service provider" as defined in the Streamlined Sales and Use Tax Administration Act [7-5A-1 to 7-5A-9 NMSA 1978]. History: Laws 2019, ch. 270, § 37 ANNOTATIONSEffective dates. — Laws 2019, ch. 270, § 60 made Laws 2019, ch. 270, § 37 effective July 1, 2019.
NM Stat § 7-9-8 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-8 - Presumption of taxability and value.

A. To prevent evasion of the compensating tax and the duty to collect it, it is presumed that property bought or sold by any person for delivery into this state is bought or sold for a taxable use in this state. B. In determining the amount of compensating tax due on the use of property, it is presumed, in the absence of preponderant evidence of another value, that the value means the total amount of money or the reasonable value of other consideration paid for property exclusive of any type of time-price differential. However, in an exchange in which the amount of money paid does not represent the value of the property or property and service purchased, the compensating tax shall be imposed on the reasonable value of the property or property and service purchased. C. In determining the amount of compensating tax due on the use of a service, it is presumed, in the absence of preponderant evidence of another value, that the value means the total amount of money or the reasonable value of other consideration paid for the service exclusive of any type of time-price differential. However, in an exchange in which the amount paid does not represent the value of the service purchased, the compensating tax shall be imposed on the reasonable value of the service purchased. History: 1953 Comp., § 72-16A-8, enacted by Laws 1966, ch. 47, § 8; 1969, ch. 144, § 4; 1972, ch. 85, § 2.
NM Stat § 7-9-9 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-9 - Liability of user for payment of compensating tax.

Any person in New Mexico using property on the value of which compensating tax is payable but has not been paid is liable to the state for payment of the compensating tax, but this liability is discharged if the buyer has paid the compensating tax to the seller for payment over to the department. History: 1953 Comp., § 72-16A-9, enacted by Laws 1966, ch. 47, § 9; 1983, ch. 220, § 2; 1990, ch. 41, § 1. ANNOTATIONSThe 1990 amendment, effective July 1, 1990, substituted "department" for "division" at the end of the section and made a minor stylistic change. Due process not violated by actions of tax officials. — Department did not violate taxpayer's right to due process by: (1) making an assessment before the taxpayer provided pertinent records; (2) targeting the taxpayer because it had no history of reporting compensating taxes; and (3) delaying 18 months from the time of an audit notice to the time of the field audit. Vivigen, Inc. v. Minzner, 1994-NMCA-027, 117 N.M. 224, 870 P.2d 1382. No offset for prior years investment credits. — A taxpayer was not entitled to an offset in the amount it owed for compensating taxes for investment credits it had made in previous years, because it had not claimed the credits within the one-year statute of limitations period. Although the taxpayer argued that it was entitled to an offset under the doctrine of equitable recoupment, a taxpayer is not entitled to seek a credit after the statute-of-limitations period has expired unless the state is imposing a tax on the same taxable event on a ground that is inconsistent with the original payment by the taxpayer. Vivigen, Inc. v. Minzner, 1994-NMCA-027, 117 N.M. 224, 870 P.2d 1382.
NM Stat § 7-9-10 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-10 - Agents for collection of compensating tax; duties.

A. Every person carrying on or causing to be carried on any activity within this state attempting to exploit New Mexico's markets who sells property or sells property and service for use in this state and who is not subject to the gross receipts tax on receipts from these sales shall collect the compensating tax from the buyer and pay the tax collected to the department. "Activity", for the purposes of this section, includes but is not limited to engaging in any of the following in New Mexico: maintaining an office or other place of business; soliciting orders through employees or independent contractors; soliciting orders through advertisements placed in newspapers or magazines published in New Mexico or advertisements broadcast by New Mexico radio or television stations, soliciting orders through programs broadcast by New Mexico radio or television stations or transmitted by cable systems in New Mexico; canvassing, demonstrating, collecting money, warehousing or storing merchandise or delivering or distributing products as a consequence of an advertising or other sales program directed at potential customers. "Activity", for the purposes of this section, does not include having a world wide web site as a third-party provider on a computer physically located in New Mexico but owned by another nonaffiliated person, and "activity" does not include using a nonaffiliated third-party call center to accept and process telephone or electronic orders of tangible personal property or licenses primarily from non-New Mexico buyers, which orders are forwarded to a location outside New Mexico for filling, or to provide services primarily to non-New Mexico customers. B. To ensure orderly and efficient collection of the public revenue, if any application of this section is held invalid, the section's application to other situations or persons shall not be affected. History: 1953 Comp., § 72-16A-10, enacted by Laws 1966, ch. 47, § 10; 1983, ch. 220, § 3; 1990, ch. 41, § 2; 1998, ch. 92, § 5; 2000, ch. 101, § 2; 2001, ch. 65, § 2. ANNOTATIONSThe 2001 amendment, effective March 16, 2001, inserted "or to provide services primarily to non-New Mexico customers" at the end of Subsection A. The 2000 amendment, effective July 1, 2000, added the phrase beginning "and 'activity' does not include using a nonaffiliated third-party call center" at the end of Subsection A. The 1998 amendment, effective July 1, 1998, added the language beginning "but 'activity' does not include" to the end of Subsection A. The 1990 amendment, effective July 1, 1990, in Subsection A, substituted "department" for "division" at the end of the first sentence and inserted "soliciting orders through advertisements placed in newspapers or magazines published in New Mexico or advertisements broadcast by New Mexico radio or television stations, soliciting orders through programs broadcast by New Mexico radio or television stations or transmitted by cable systems in New Mexico" in the second sentence.
NM Stat § 7-9-11 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-11 - Date payment due.

The taxes imposed by the Gross Receipts and Compensating Tax Act are to be paid on or before the twenty-fifth day of the month following the month in which the taxable event occurs. History: 1953 Comp., § 72-16A-11, enacted by Laws 1966, ch. 47, § 11; 1969, ch. 25, § 2.
NM Stat § 7-9-12.1 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-12.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 41, § 10 repealed 7-9-12.1 NMSA 1978, as enacted by Laws 1984, ch. 2, § 10, relating to findings and intent, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.
NM Stat § 7-9-13 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 9 - Gross Receipts and Compensating Tax|Section 7-9-13 - Exemption; gross receipts tax; governmental agencies.

A. Except as otherwise provided in this section, exempted from the gross receipts tax are receipts of: (1) the United States or any agency, department or instrumentality thereof; (2) the state of New Mexico or any political subdivision thereof; (3) any Indian nation, tribe or pueblo from activities or transactions occurring on its sovereign territory; or (4) any foreign nation or agency, instrumentality or political subdivision thereof, but only when required by a treaty in force to which the United States is a party. B. Receipts from the sale of gas or electricity by a utility owned or operated by a county, municipality or other political subdivision of a state are not exempted from the gross receipts tax. C. Receipts from the operation of a cable television system owned or operated by a municipality are not exempted from the gross receipts tax. History: 1953 Comp., § 72-16A-12.1, enacted by Laws 1969, ch. 144, § 6; 1991, ch. 8, § 4; 1993, ch. 31, § 3; 1993, ch. 208, § 7; 1994, ch. 45, § 2; 1998, ch. 89, § 1. ANNOTATIONSThe 1998 amendment, effective July 1, 1998, added Paragraph A(4) and made minor stylistic changes. The 1994 amendment, effective July 1, 1994, rewrote Subsection A, which read: "Exempted from the gross receipts tax are the receipts of the United States or any agency or instrumentality thereof or the state of New Mexico or any political subdivision thereof"; and substituted "a state" for "the state" in Subsection B. The 1993 amendment, effective June 18, 1993, designated the former provisions as Subsections A and B and added Subsection C. The 1991 amendment, effective July 1, 1991, deleted "water" following "gas" in the second sentence and made a related stylistic change. Disbursement agents of federal funds immune from gross receipts tax. — Agents for the disbursement of federal funds are constitutionally immune from application of the gross receipts tax to those funds. United States v. New Mexico, 624 F.2d 111 (10th Cir. 1980), aff'd, 455 U.S. 720, 102 S. Ct. 1373, 71 L. Ed. 2d 580 (1982). United States not excluded from state tax proceedings involving its contractors. — The United States may not properly be excluded, under all circumstances, from state tax proceedings involving its contractors, since the contracts obligate the United States to provide funds necessary to defray all costs incurred in the performance of contracts, including taxes. United States v. New Mexico, 624 F.2d 111 (10th Cir. 1980), aff'd, 455 U.S. 720, 102 S. Ct. 1373, 71 L. Ed. 2d 580 (1982).