2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-7 - Sale of stamps; prices.

A. Only the department shall sell stamps. Stamps may be sold by the department only to a distributor.
B. Stamps shall display a serial number. Stamps bearing the same serial number shall not be sold to more than one distributor. The department shall keep records of the serial numbers of the stamps provided to each distributor.
C. A stamp shall be affixed to a package of cigarettes in such a manner as to clearly display the serial number at the point of sale.
D. Tax stamps shall be sold at their face value with the following discounts:
(1) forty-six hundredths percent less than the face value of the first thirty thousand dollars ($30,000) of stamps purchased in one calendar month;
(2) thirty-six hundredths percent less than the face value of the second thirty thousand dollars ($30,000) of stamps purchased in one calendar month; and
(3) twenty-two hundredths percent less than the face value of stamps purchased in excess of sixty thousand dollars ($60,000) in one calendar month.
E. Tax-credit stamps shall be provided only to distributors and shall be provided free of charge; provided that the distributor is in full compliance with the reporting requirements of the Cigarette Tax Act and rules adopted pursuant to that act.
F. If the face value of tax stamps sold in a single sale is less than one thousand dollars ($1,000), the discount provided for in this section shall not be allowed.
G. Payment for tax stamps shall be made on or before the twenty-fifth day of the month following the month in which the sale of stamps by the department is made.
H. Tax-exempt stamps shall be provided only to distributors and shall be free of charge; provided that the distributor is in full compliance with the reporting requirements of the Cigarette Tax Act and rules adopted pursuant to that act.
History:
Laws 1943, ch. 95, § 5; 1941 Comp. Supp., § 76-1605; Laws 1947, ch. 84, § 3; 1949, ch. 180, § 5; 1953 Comp., § 72-14-5; Laws 1963, ch. 106, § 1; 1968, ch. 50, § 3; 1970, ch. 70, § 3; reenacted as 1953 Comp., § 72-14-7 by Laws 1971, ch. 77, § 7; 1988, ch. 95, § 5; 2006, ch. 89, § 3; 2006, ch. 91, § 6; 2010 (2nd S.S.), ch. 5, § 9; 2019, ch. 270, § 41.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the discount amounts on cigarette tax stamps; in Subsection D, Paragraph D(1), deleted "fifty-five" and added "forty-six"; in Paragraph D(2), deleted "forty-four" and added "thirty-six", and in Paragraph D(3), deleted "twenty-seven" and added "twenty-two".
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, in Subsection D(1), changed the discount from one percent to fifty-five hundredths percent; in Subsection D(2), changed the discount from eight-tenths percent to forty-four hundredths percent; in Subsection D(3), changed the discount from one-half percent to twenty-seven hundredths percent; and added Subsection E.
The 2006 amendment,
effective May 17, 2006, limited the sale of stamps by the department to distributors in Subsection A; added Subsection B to require a unique serial number on each stamp; added Subsection C to provide that stamps shall be affixed to display the serial numbers; changed the percentages in Subsection D from "four" to "one" in Paragraph (1), from "three" to "eight-tenths" in Paragraph (2), and from "two" to "one-half" in Paragraph (3); and added a new Subsection G providing stamps are provided to the distributors free of charge.