2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-54.2 - Gross receipts; deduction; spaceport operation; space operations; launching, operating and recovering space vehicles or payloads; payload services; operationally responsive space program services.

A. Receipts from launching, operating or recovering space vehicles or payloads in New Mexico may be deducted from gross receipts.
B. Receipts from preparing a payload in New Mexico are deductible from gross receipts.
C. Receipts from operating a spaceport in New Mexico are deductible from gross receipts.
D. Receipts from the provision of research, development, testing and evaluation services for the United States air force operationally responsive space program may be deducted from gross receipts.
E. As used in this section:
(1) "operationally responsive space program" means a program authorized pursuant to 10 U.S.C. 2273a;
(2) "payload" means a system, subsystem or other mechanical structure or material to be conveyed into space that is designed, constructed or intended to perform a function in space;
(3) "space" means any location beyond altitudes of sixty thousand feet above the earth's mean sea level;
(4) "space operations" means the process of commanding and controlling payloads in space; and
(5) "spaceport" means an installation and related facilities used for the launching, landing, operating, recovering, servicing and monitoring of vehicles capable of entering or returning from space.
F. Receipts from the sale of tangible personal property that will become an ingredient or component part of a construction project or from performing construction services may not be deducted under this section.
History:
Laws 1995, ch. 183, § 2; 1997, ch. 73, § 1; 2001, ch. 18, § 1; 2003, ch. 62, § 3; 2007, ch. 172, § 5.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, added Subsection D and Paragraph (1) of Subsection E.
The 2003 amendment,
effective July 1, 2003, deleted "For the period from July 1, 2001 through June 30, 2006" at the beginning of Subsections A to C and rewrote Paragraph D(1).
The 2001 amendment,
effective July 1, 2001, substituted "space operations; launching, operating and recovering space vehicles or payloads" for "launching and recovery of space launch vehicles" in the section heading; added the time periods in which receipts may be deducted from gross receipts in Subsections A, B and C; substituted "launching, operating or recovering space vehicles" for "launching or recovering space launch vehicles" in Subsection A; deleted "for launching" following "payload" in Subsection C; in Paragraph D(1), replaced the former definition of "payload" which read "includes systems, subsystems and mechanical structures required to perform or conduct research and development on or to conduct operations of space functions, such as reconnaissance, communications, navigation and target simulations, but does not include weapons"; added Paragraph D(3) and renumbered the following subsection; and substituted "operating, recovering" for "recovery" in present Paragraph D(4).
The 1997 amendment,
effective June 20, 1997, in Subsection A, substituted "launching or recovering space launch vehicles or payloads" for "operating a spaceport"; in Subsection B, inserted "preparing a payload for" preceding "launching" and deleted "or recovering space launch vehicles or payloads from a spaceport" following "launching"; in Subsection C, substituted "operating" for "preparing a payload for launching at"; designated former Subsection D as Paragraph D(3) and rewrote that paragraph and added Paragraphs D(1) and D(2).