reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-57.2 - Deduction; gross receipts tax; sale of software development services.

A. To stimulate new business development, the receipts of an eligible software development company from the sale of software development services that are performed in a qualified area may be deducted from gross receipts.
B. As used in this section:
(1) "eligible software development company" means a taxpayer who is not a successor in business of another taxpayer and whose primary business in New Mexico is established after the effective date of this section, is providing software development services and who had no business location in New Mexico other than in a qualified area during the period for which a deduction under this section is sought;
(2) "qualified area" means the state of New Mexico except for an incorporated municipality with a population of more than fifty thousand according to the most recent federal decennial census; and
(3) "software development services" means custom software design and development and web site design and development but does not include software implementation or support services.
History:
Laws 2002, ch. 10, § 1.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 10, § 2 made Laws 2002, ch. 10, § 1 effective July 1, 2002.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-58 - Deduction; gross receipts tax; feed; fertilizers.

A. Receipts from selling feed for livestock, including the baling wire or twine used to contain the feed, fish raised for human consumption, poultry or animals raised for their hides or pelts and from selling seeds, roots, bulbs, plants, soil conditioners, fertilizers, insecticides, germicides, insects used to control populations of other insects, fungicides or weedicides or water for irrigation purposes may be deducted from gross receipts if the sale is made to a person who states in writing that he is regularly engaged in the business of farming, ranching or raising animals for their hides or pelts.
B. Receipts of auctioneers from selling livestock or other agricultural products at auction may also be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.13, enacted by Laws 1969, ch. 144, § 48; 1977, ch. 231, § 1; 1983, ch. 220, § 13; 1991, ch. 9, § 30; 1991, ch. 203, § 6; 1992, ch. 48, § 3; 2002, ch. 29, § 1.
ANNOTATIONS
The 2002 amendment,
effective May 15, 2002, in Subsection A inserted "including the baling wire or twine used to contain the feed" near the beginning, and made three minor stylistic changes.
The 1992 amendment,
effective July 1, 1992, added the subsection designations and inserted "and from selling" near the beginning of Subsection A.
The 1991 amendment,
effective July 1, 1991, inserted "germicides" in the first sentence.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-59 - Deduction; gross receipts tax; warehousing, threshing, harvesting, growing, cultivating and processing agricultural products; testing or transporting milk.

A. Receipts from warehousing grain or other agricultural products may be deducted from gross receipts.
B. Receipts from threshing, cleaning, growing, cultivating or harvesting agricultural products, including the ginning of cotton, may be deducted from gross receipts.
C. Receipts from testing or transporting milk for the producer or nonprofit marketing association from the farm to a milk processing or dairy product manufacturing plant may be deducted from gross receipts.
D. Receipts from processing for growers, producers or nonprofit marketing associations of agricultural products raised for food and fiber, including livestock, may be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.14, enacted by Laws 1969, ch. 144, § 49; 1970, ch. 27, § 1; 2000, ch. 26, § 1; 2000, ch. 87, § 1; 2019, ch. 49, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, clarified the language allowing a gross receipts tax deduction for receipts from testing or transporting milk; in the section heading, added "testing or transporting milk"; in Subsection B, after "ginning of cotton", added "may be deducted from gross receipts"; in Subsection C, added "Receipts from", after "testing", deleted "and" and added "or", and after "manufacturing plant", deleted "or" and added "may be deducted from gross receipts"; and in Subsection D, added "Receipts from".
The 2000 amendment,
effective July 1, 2000, inserted the provision that receipts from testing and transporting milk from the farm to the plant may be deducted from the gross receipts.
Duplicate laws.
— Laws 2000, ch. 26, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2000, ch. 87, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-61 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 37, § 97, repealed 7-9-61 NMSA 1978, relating to the deduction from the gross receipts tax of the sale of tangible personal property to banks and financial corporations, effective January 1, 1982.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-61.1 - Deduction; gross receipts tax; certain receipts.

Receipts from charges made in connection with the origination, making or assumption of a loan or from charges made for handling loan payments may be deducted from gross receipts.
History:
1978 Comp., § 7-9-61.1, enacted by Laws 1981, ch. 37, § 52.
ANNOTATIONS
Effective dates.
— Laws 1981, ch. 37, § 99 made Laws 1981, ch. 37, § 52 effective January 1, 1982.
"Charges made for handling loan payments".
— The phrase "charges made for handling loan payments", as used in this section, does not encompass charges made by taxpayers for their escrow services in connection with installment payments on real estate contracts. The legislature intended to allow the deduction from gross receipts only for typical loan transactions involving both a traditional lender and borrower. Any processing or collection charges typically made by either independent escrow agents, or banks acting as escrow agents, are not properly deductible from gross receipts.
Security Escrow Corp. v. State Taxation & Revenue Dep't
, 1988-NMCA-068, 107 N.M. 540, 760 P.2d 1306.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-61.2 - Deduction; receipts from sales to state-chartered credit unions.

Receipts from selling tangible personal property to credit unions chartered under the provisions of the Credit Union Act [Chapter 58, Article 11 NMSA 1978] are deductible to the same extent that receipts from the sale of tangible personal property to federal credit unions may be deducted pursuant to the provisions of Section 7-9-54 NMSA 1978.
History:
1978 Comp., § 7-9-61.2, enacted by Laws 2000, ch. 48, § 1.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 48, § 2 made Laws 2000, ch. 48, § 1 effective July 1, 2000.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-62.1 - Deduction; gross receipts tax; aircraft sales and services; reporting requirements.

A. Receipts from the sale of or from maintaining, refurbishing, remodeling or otherwise modifying a commercial or military carrier over ten thousand pounds gross landing weight may be deducted from gross receipts.
B. A taxpayer allowed a deduction pursuant to this section shall report the amount of the deduction separately in a manner required by the department.
C. The department shall compile an annual report on the deduction provided by this section that shall include the number of taxpayers approved by the department to receive the deduction, the aggregate amount of deductions approved and any other information necessary to evaluate the effectiveness of the deduction. Beginning in 2019 and every five years thereafter that the deduction is in effect, the department shall compile and present the annual reports to the revenue stabilization and tax policy committee and the legislative finance committee with an analysis of the effectiveness and cost of the deduction.
History:
Laws 2000 (2nd S.S.), ch. 4, § 2; 2005, ch. 104, § 24; 2014, ch. 8, § 1.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, provided a deduction from gross receipts for sales of commercial and military carriers; required taxpayers to separately report the amount of the deduction; required the taxation and revenue department to compile annual reports; in the catchline, after "aircraft" added "sales and", and after "services", added "; reporting requirements"; in Subsection A, after "Receipts", added "from the sale of or"; and added Subsections B and C.
The 2005 amendment,
effective July 1, 2005, provided a credit for receipts from maintaining refurbishing, remodeling or otherwise modifying a commercial or military carrier over ten thousand pounds gross landing weight.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-63 - Deduction; gross receipts tax; publication sales.

Receipts from publishing newspapers or magazines, except from selling advertising space, may be deducted from gross receipts.
Receipts from selling magazines at retail may not be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.18, enacted by Laws 1969, ch. 144, § 53.
ANNOTATIONS
Effective dates.
— Laws 1969, ch. 144, § 68 made Laws 1969, ch. 144, § 53 effective July 1, 1969.
Advertising inserts
purchased by a New Mexico retailer from out-of-state advertising coordinators were not "newspapers" within the meaning of this section.
Phillips Mercantile Co. v. N.M. Taxation & Revenue Dep't
, 1990-NMCA-006, 109 N.M. 487, 786 P.2d 1221.
Royalties from advertising.
— Since taxpayer's receipts were a royalty paid to it from advertising revenues and not receipts from publishing the magazine, there would be no deduction under this section.
N.M. Sheriffs & Police Ass'n v. Bureau of Revenue
, 1973-NMCA-130, 85 N.M. 565, 514 P.2d 616.
No double taxation shown.
— Since, aside from the tax paid on the taxpayer association's royalty receipts from advertising revenue, the only other tax involved was the tax asserted to have been paid by the publisher on his receipts, there was no factual basis for a claim of double taxation.
N.M. Sheriffs & Police Ass'n v. Bureau of Revenue
, 1973-NMCA-130, 85 N.M. 565, 514 P.2d 616.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-64 - Deduction; gross receipts tax; newspaper sales.

Receipts from selling newspapers, except from selling advertising space, may be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.19, enacted by Laws 1969, ch. 144, § 54.
ANNOTATIONS
Effective dates.
— Laws 1969, ch. 144, § 68 made Laws 1969, ch. 144, § 54 effective July 1, 1969.
Advertising inserts
purchased by a New Mexico retailer from out-of-state advertising coordinators were not "newspapers" within the meaning of this section.
Phillips Mercantile Co. v. N.M. Taxation & Revenue Dep't
, 1990-NMCA-006, 109 N.M. 487, 786 P.2d 1221.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes newspapers, magazines, periodicals, or the like, under sales or use tax law exemption, 25 A.L.R.4th 750.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-65 - Deduction; gross receipts tax; chemicals and reagents.

Receipts from selling chemicals or reagents to any mining, milling or oil company for use in processing ores or oil in a mill, smelter or refinery or in acidizing oil wells, and receipts from selling chemicals or reagents in lots in excess of eighteen tons to any hard-rock mining or milling company for use in any combination of extracting, leaching, milling, smelting, refining or processing ore at a mine site, may be deducted from gross receipts. Receipts from selling explosives, blasting powder or dynamite may not be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.21, enacted by Laws 1969, ch. 144, § 56; 2019, ch. 172, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the criteria for a gross receipts tax deduction on certain receipts from selling chemicals or reagents; and after "eighteen tons", added "to any hard-rock mining or milling company for use in any combination of extracting, leaching, milling, smelting, refining or processing ore at a mine site".
Words used in this section are not ambiguous,
and the issue of legislative intent does not arise.
Runco Acidizing & Fracturing Co. v. Bureau of Revenue
, 1974-NMCA-145, 87 N.M. 146, 530 P.2d 410.
Aggregation of deliveries not authorized.
— Since no single delivery or single day's delivery of chemicals or reagents to a well ever amounted to 18 tons or more, although the amount specified in a purchase order might aggregate that much, taxpayer was not entitled to a deduction under this section, since the wording of taxpayer's purchase orders and contract, supported inference that a purchase order was not a transfer for consideration and therefore not a sale.
Runco Acidizing & Fracturing Co. v. Bureau of Revenue
, 1974-NMCA-145, 87 N.M. 146, 530 P.2d 410.
Statute is inapplicable to receipts from the sale and use of natural gas.
— Where taxpayer, an electric power company, appealed from an administrative hearing officer's (AHO) decision and order denying its protest of New Mexico taxation and revenue department's denial of taxpayer's request for a tax refund based on its belief that its purchases of natural gas qualified for a deduction, the AHO did not err in denying taxpayer's protest because had the legislature intended to provide a deduction for receipts from the sale or use of natural gas, it could have specified the inclusion of natural gas within the statutory language establishing the deduction, as in the enactment of other legislation applicable to natural gas.
Tucson Elec. Power Co. v. N.M. Taxation and Revenue Dep't
, 2020-NMCA-011.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-66 - Deduction; gross receipts tax; commissions.

A. Receipts derived from commissions on sales of tangible personal property which are not subject to the gross receipts tax may be deducted from gross receipts.
B. Receipts of the owner of a dealer store derived from commissions received for performing the service of selling from the owner's dealer store a principal's tangible personal property may be deducted from gross receipts.
C. As used in this section, "dealer store" means a merchandise facility open to the public that is owned and operated by a person who contracts with a principal to act as an agent for the sale from that facility of merchandise owned by the principal.
History:
1953 Comp., § 72-16A-14.22, enacted by Laws 1969, ch. 144, § 57; 1999, ch. 169, § 1.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, added Subsections B and C.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-66.1 - Deduction; gross receipts tax; certain real estate transactions.

A. Receipts from real estate commissions on that portion of the transaction subject to gross receipts tax pursuant to Subsection A of Section 7-9-53 NMSA 1978 may be deducted from gross receipts if the person claiming the deduction submits to the department evidence that the secretary finds substantiates the deduction.
B. For the purposes of this section, "commissions on that portion of the transaction subject to gross receipts tax" means that portion of the commission that bears the same relationship to the total commission as the amount of the transaction subject to gross receipts tax does to the total purchase price.
History:
1978 Comp., § 7-9-76.2, enacted by Laws 1984, ch. 129, § 2; 1990, ch. 41, § 8.
ANNOTATIONS
Compiler's notes.
— This section was enacted as 7-9-76.2 NMSA 1978 by Laws 1984, ch. 129, § 2, but was redesignated as 7-9-66.1 NMSA 1978, as another 7-9-76.2 NMSA 1978 had previously been enacted by Laws 1984, ch. 2, § 6.
The 1990 amendment,
effective July 1, 1990, substituted "department evidence that the secretary" for "division evidence which the director" in Subsection A and made a minor stylistic change in Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-67 - Deduction; gross receipts tax; governmental gross receipts tax; refunds; uncollectible debts.

A. Refunds and allowances made to buyers or amounts written off the books as an uncollectible debt by a person reporting gross receipts tax on an accrual basis may be deducted from gross receipts. If debts reported uncollectible are subsequently collected, such receipts shall be included in gross receipts in the month of collection.
B. Refunds and allowances made to buyers or amounts written off the books as an uncollectible debt by a person reporting governmental gross receipts tax on an accrual basis may be deducted from governmental gross receipts. If debts reported uncollectible are subsequently collected, such receipts shall be included in governmental gross receipts in the month of collection.
History:
1953 Comp., § 72-16A-14.23, enacted by Laws 1969, ch. 144, § 58; 1994, ch. 45, § 6.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, inserted "governmental gross receipts tax" in the section heading, designated the previously undesignated language as Subsection A and added Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-68 - Deduction; gross receipts tax; warranty obligations.

Receipts of a dealer from furnishing goods or services to the purchaser of tangible personal property to fulfill a warranty obligation of the manufacturer of the property may be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.25, enacted by Laws 1969, ch. 144, § 60.
ANNOTATIONS
Effective dates.
— Laws 1969, ch. 144, § 68 made Laws 1969, ch. 144, § 60 effective July 1, 1969.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-70 - Deduction; gross receipts tax; rental or lease of vehicles used in interstate commerce.

Receipts from the rental or leasing of vehicles used in the transportation of passengers or property for hire in interstate commerce under the regulations or authorization of any agency of the United States may be deducted.
History:
1953 Comp., § 72-16A-14.27, enacted by Laws 1969, ch. 144, § 62.
ANNOTATIONS
Effective dates.
— Laws 1969, ch. 144, § 68 made Laws 1969, ch. 144, § 62 effective July 1, 1969.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-71 - Deduction; gross receipts tax; trade-in allowance.

That portion of the receipts of a seller that is represented by a trade-in of tangible personal property of the same type being sold, except for the receipts represented by a trade-in of a manufactured home, may be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.28, enacted by Laws 1969, ch. 144, § 63; 1979, ch. 338, § 6; 1991, ch. 203, § 7.
ANNOTATIONS
The 1991 amendment,
effective July 1, 1991, substituted "manufactured" for "mobile".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-72 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 30, § 28 repealed 7-9-72 NMSA 1978, as amended by Laws 1992, ch. 100, § 9, relating deductions for special fuel receipts, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-73 - Deduction; gross receipts tax; governmental gross receipts; sale of prosthetic devices.

Receipts from selling prosthetic devices may be deducted from gross receipts or from governmental gross receipts if the sale is made to a person who is licensed to practice medicine, osteopathic medicine, dentistry, podiatry, optometry, chiropractic or professional nursing and who delivers a nontaxable transaction certificate to the seller. The buyer delivering the nontaxable transaction certificate must deliver the prosthetic device incidental to the performance of a service and must include the value of the prosthetic device in his charge for the service.
History:
1953 Comp., § 72-16A-14.30, enacted by Laws 1970, ch. 78, § 2; 1992, ch. 100, § 10.
ANNOTATIONS
The 1992 amendment,
effective July 1, 1992, inserted "governmental gross receipts" in the section heading, and inserted "or from governmental gross receipts" in the first sentence while therein substituting "osteopathic medicine" for "osteopathy".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-73.1 - Deduction; gross receipts; governmental gross receipts; hospitals.

A. Sixty percent of the receipts of hospitals licensed by the department of health may be deducted from gross receipts; provided that this deduction may be applied only to the taxable gross receipts remaining after all other appropriate deductions have been taken.
B. Sixty percent of the receipts of a hospital licensed by the department of health may be deducted from governmental gross receipts.
History:
Laws 1991, ch. 8, § 3; 1993, ch. 56, § 1; 1995, ch. 50, § 5; 2019, ch. 270, § 35.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, increased the deduction from gross receipts for hospitals licensed by the department of health, and provided a governmental gross receipts tax deduction for hospitals licensed by the department of health; in the section heading, added "governmental gross receipts"; in Subsection A, changed "Fifty" to "Sixty"; and added Subsection B.
The 1995 amendment,
effective July 1, 1995, added the proviso at the end.
The 1993 amendment,
effective July 1, 1993, deleted "tax" following "receipts" and "general" preceding "hospitals" in the section heading and rewrote this section which read "Fifty percent of the receipts of general hospitals may be deducted from gross receipts."
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-74 - Deduction; gross receipts tax; sale of property used in the manufacture of jewelry.

Receipts from selling tangible personal property may be deducted from gross receipts if the sale is made to a person who states in writing that he will use the property so purchased in manufacturing jewelry. The buyer must incorporate the tangible personal property as an ingredient or component part of the jewelry that he is in the business of manufacturing. The deduction allowed a seller under this section shall not exceed five thousand dollars ($5,000) during any twelve-month period attributable to purchases by a single purchaser.
History:
1953 Comp., § 72-16A-14.31, enacted by Laws 1971, ch. 217, § 2; 1975, ch. 322, § 1; 1994, ch. 94, § 2.
ANNOTATIONS
The 1994 amendment,
effective April 1, 1994, deleted the former third sentence which read, "The deduction allowed a seller under this section shall not exceed the sum of one thousand dollars ($1,000) during any twelve month period attributable to purchases by a single purchaser".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-75 - Deduction; gross receipts tax; sale of certain services performed directly on product manufactured.

Receipts from selling the service of combining or processing components or materials may be deducted from gross receipts if the sale is made to a person engaged in the business of manufacturing who delivers a nontaxable transaction certificate to the seller. The buyer delivering the nontaxable transaction certificate must have the service performed directly upon tangible personal property which he is in the business of manufacturing or upon ingredients or component parts thereof.
History:
1953 Comp., § 72-16A-14.32, enacted by Laws 1972, ch. 39, § 2.
ANNOTATIONS
Effective dates.
— Laws 1972, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 1972, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-76 - Deduction; gross receipts tax; travel agents' commissions paid by certain entities.

Receipts of travel agents derived from commissions paid by maritime transportation companies and interstate airlines, railroads and passenger buses for booking, referral, reservation or ticket services may be deducted from gross receipts.
History:
1953 Comp., § 72-16A-14.33, enacted by Laws 1977, ch. 288, § 2.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 288, § 3 made Laws 1977, ch. 288, § 2 effective July 1, 1977.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-76.1 - Deduction; gross receipts tax; certain manufactured homes.

Receipts from the resale of a manufactured home may be deducted from gross receipts if the sale is made of a manufactured home that was subject to the gross receipts, compensating or motor vehicle excise tax upon its initial sale or use in New Mexico. The seller shall retain and furnish proof satisfactory to the department that a gross receipts, compensating or motor vehicle excise tax was paid upon the initial sale or use in New Mexico of a manufactured home, and in the absence of such proof, it is presumed that the tax was not paid. Proof that a New Mexico certificate of title was issued for a manufactured home in 1972 or a prior year or proof that a manufactured home for which a New Mexico certificate of title has been issued was manufactured in 1967 or a prior year is proof that a motor vehicle excise tax was paid on the initial sale or use in New Mexico of that manufactured home.
History:
1978 Comp., § 7-9-76.1, enacted by Laws 1979, ch. 338, § 7; 1980, ch. 103, § 1; 1990, ch. 41, § 9; 1991, ch. 203, § 8.
ANNOTATIONS
The 1991 amendment,
effective July 1, 1991, substituted "manufactured" for "mobile" in the section heading and throughout the section.
The 1990 amendment,
effective July 1, 1990, substituted "department" for "director" and made a minor stylistic change in the second sentence.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-76.2 - Deduction; gross receipts tax; films and tapes.

Receipts from the leasing or licensing of theatrical and television films and tapes to a person engaged in the business of providing public or commercial entertainment from which gross receipts are derived may be deducted from gross receipts.
History:
1978 Comp., § 7-9-76.2, enacted by Laws 1984, ch. 2, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 1984, ch. 2, § 14 contained an emergency clause and was approved February 11, 1984.
Compiler's notes.
— Laws 1984, ch. 129, § 2, also enacted a 7-9-76.2 NMSA 1978, but that section, which related to a deduction of real estate commissions from the gross receipts tax, was redesignated as 7-9-66.1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Applicability of sales or use taxes to motion pictures and video tapes, 10 A.L.R.4th 1209.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-77 - Deductions; compensating tax.

A. Fifty percent of the value of agricultural implements, farm tractors, aircraft not exempted under Section 7-9-30 NMSA 1978 or vehicles that are not required to be registered under the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] may be deducted from the value in computing the compensating tax due; provided that, with respect to use of agricultural implements, the person using the property is regularly engaged in the business of farming or ranching. Any deduction allowed under Subsection B of this section is to be taken before the deduction allowed by this subsection is computed. As used in this subsection, "agricultural implement" means a tool, utensil or instrument that is:
(1) designed primarily for use with a source of motive power, such as a tractor, in planting, growing, cultivating, harvesting or processing agricultural produce at the place where the produce is grown; in raising poultry or livestock; or in obtaining or processing food or fiber, such as eggs, milk, wool or mohair, from living poultry or livestock at the place where the poultry or livestock are kept for this purpose; and
(2) depreciable for federal income tax purposes.
B. That portion of the value of tangible personal property on which an allowance was granted to the buyer for a trade-in of tangible personal property of the same type that was bought may be deducted from the value in computing the compensating tax due.
History:
1953 Comp., § 72-16A-15, enacted by Laws 1966, ch. 47, § 15; 1969, ch. 144, § 64; 1975, ch. 159, § 2; 1988, ch. 148, § 2; 1998, ch. 89, § 6.
ANNOTATIONS
The 1998 amendment,
effective July 1, 1998, in Subsection A, added the proviso at the end of the first sentence, added the last sentence and added Paragraphs A(1) and (2).
"Vehicle" construed.
— To be a "vehicle" within the meaning of Subsection A, a machine must be capable of being utilized as a means of carrying people or other property over the highways.
Kaiser Steel Corp. v. Revenue Div
., 1981-NMCA-042, 96 N.M. 117, 628 P.2d 687, cert. denied, 96 N.M. 116, 628 P.2d 686.
Neither dragline nor continuous miner within scope of section.
— Because neither a dragline nor a continuous miner can be classified as a vehicle under Section 66-1-4B NMSA 1978 (now Section 66-1-4.11 NMSA 1978), neither is in the category of "vehicles not required to be registered" within the meaning of this section.
Kaiser Steel Corp. v. Revenue Div
., 1981-NMCA-042, 96 N.M. 117, 628 P.2d 687, cert. denied, 96 N.M. 116, 628 P.2d 686;
Pittsburgh & Midway Coal Mining Co. v. Revenue Div
., 1983-NMCA-019, 99 N.M. 545, 660 P.2d 1027, appeal dismissed, 464 U.S. 923, 104 S. Ct. 323, 78 L. Ed. 2d 296 (1983).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-78.1 - Deduction; compensating tax; uranium enrichment plant equipment.

The value of equipment and replacement parts for that equipment may be deducted in computing the compensating tax due if the person uses the equipment and replacement parts to enrich uranium in a uranium enrichment plant.
History:
Laws 1999, ch. 231, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 231, § 5 made Laws 1999, ch. 231, § 4 effective July 1, 1999.
Cross references.
— For deduction of receipts from enriched uranium and enrichment of uranium,
see
7-9-90 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-79 - Credit; compensating tax.

A. If, on property or services bought outside this state, a gross receipts, sales, compensating or similar tax has been levied by another state or political subdivision thereof on the transaction by which the person using the property or services in New Mexico acquired the property or a compensating, use or similar tax has been levied by another state on the use of the property subsequent to its acquisition by the person using the property or services in New Mexico and such tax has been paid, the amount of such tax paid may be credited against any compensating tax due this state on the same property. The credit allowed pursuant to this subsection shall not exceed the compensating tax due on the property or services used in New Mexico.
B. When the receipts from the sale of real property constructed by a person in the ordinary course of the person's construction business are subject to the gross receipts tax, the amount of compensating tax previously paid by the person on materials that became an ingredient or component part of the construction project and on construction services performed upon the construction project may be credited against the gross receipts tax due on the sale.
History:
1953 Comp., § 72-16A-16, enacted by Laws 1966, ch. 47, § 16; 1973, ch. 342, § 1; 1991, ch. 203, § 10; 2021, ch. 65, § 25.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, amended the existing credit for compensating taxes paid in another state to include services; and in Subsection A, after the first, second, and fifth occurrence of "property", added "or services", and added the last sentence of the subsection.
The 1991 amendment,
effective July 1, 1991, inserted "or a compensating, use or similar tax has been levied by another state on the use of the property subsequent to its acquisition by the person using the property in New Mexico" in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of provisions allowing use tax credit for tax paid in other state, 31 A.L.R.4th 1206.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-79.1 - Credit; gross receipts tax; services.

If on services performed outside the state a gross receipts sales or similar tax has been levied by another state or a political subdivision thereof and such tax has been paid, the amount of the tax paid may be credited against any gross receipts tax due this state on the receipts after July 1, 1989 from the sale in New Mexico of the product of the services performed outside this state. The amount of credit shall not exceed an amount equal to the rate of tax imposed under Section 7-9-4 NMSA 1978 multiplied by the amount subject to tax by both New Mexico and the other state or political subdivision of that state.
History:
1978 Comp., § 7-9-79.1, enacted by Laws 1989, ch. 262, § 8; 1994, ch. 45, § 7.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, added the second sentence and substituted "after July 1, 1989" for "during the period July 1, 1989 through June 30, 1993" in the first sentence.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-80 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 18, § 27, repealed 7-9-80 NMSA 1978, enacted by Laws 1975, ch. 263, § 9, relating to a credit for electrical energy tax or similar tax on generation of electricity which may be applied against any gross receipts tax due, effective July 1, 1982.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-80.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 115, § 6A repealed 7-9-80.1, as enacted by Laws 1981, ch. 39, § 114, relating to tax credit during period of economic adjustment, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-81 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 115, § 6A repealed 7-9-81 NMSA 1978, as enacted by Laws 1966, ch. 47, § 19, relating to cross references, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-82 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2004, ch. 116, § 7 repealed 7-9-82 NMSA 1978, as enacted by Laws 1986, ch. 20, § 68, relating to a municipal gross receipt tax credit equal to one-half of one percent, effective January 1, 2005. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-83 - Deduction; gross receipts tax; jet fuel.

A. From July 1, 2003 through June 30, 2017, fifty-five percent of the receipts from the sale of fuel specially prepared and sold for use in turboprop or jet-type engines as determined by the department may be deducted from gross receipts.
B. After June 30, 2017, forty percent of the receipts from the sale of fuel specially prepared and sold for use in turboprop or jet-type engines as determined by the department may be deducted from gross receipts.
History:
Laws 1993, ch. 364, § 1; 2003, ch. 214, § 2; 2006, ch. 51, § 1; 2011, ch. 74, § 1.
ANNOTATIONS
Repeals.
— Laws 1995, ch. 36, § 2, effective June 16, 1995, repealed Laws 1993, ch. 364, § 4, as amended by Laws 1994, ch. 5, § 26, which had provided for the repeal of 7-9-83 NMSA 1978, as enacted by Laws 1993, ch. 364, § 1, effective July 1, 1995.
The 2011 amendment,
effective July 1, 2011, extended the sunset date for the deduction to June 30, 2017.
The 2006 amendment,
effective May 17, 2006, changed "June 30, 2007" to "June 30, 2012" in Subsections A and B.
The 2003 amendment,
effective July 1, 2003, added present Subsection B and inserted "From July 1, 2003 through June 30, 2007, fifty-five percent of the receipts" for "Forty percent of the receipts" at the beginning of Subsection A.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-84 - Deduction; compensating tax; jet fuel.

A. From July 1, 2003 through June 30, 2017, fifty-five percent of the value of the fuel specially prepared and sold for use in turboprop or jet-type engines as determined by the department may be deducted in computing the compensating tax due.
B. After June 30, 2017, forty percent of the value of the fuel specially prepared and sold for use in turboprop or jet-type engines as determined by the department may be deducted in computing the compensating tax due.
History:
Laws 1993, ch. 364, § 2; 2003, ch. 214, § 3; 2006, ch. 51, § 2; 2011, ch. 74, § 2.
ANNOTATIONS
Repeals.
— Laws 1995, ch. 36, § 2, effective June 16, 1995, repealed Laws 1993, ch. 364, § 4, as amended by Laws 1994, ch. 5, § 26, which had provided for the repeal of 7-9-84 NMSA 1978, as enacted by Laws 1993, ch. 364, § 2, effective July 1, 1995.
The 2011 amendment,
effective July 1, 2011, extended the sunset date for the deduction to June 30, 2017.
The 2006 amendment,
effective May 17, 2006, changed "June 30, 2007" to "June 30, 2012" in Subsections A and B.
The 2003 amendment,
effective July 1, 2003 added present Subsection B and inserted "From July 1, 2003 through June 30, 2007, fifty-five percent of the receipts" for "The" at the beginning of Subsection A and deleted "from the value of such fuel" following "may be deducted".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-85 - Deduction; gross receipts tax; certain organization fundraisers.

Receipts from not more than two fundraising events annually conducted by an organization that is exempt from the federal income tax as an organization described in Section 501(c), other than an organization described in Section 501(c)(3), of the United States Internal Revenue Code of 1986, as amended may be deducted from gross receipts.
History:
Laws 1994, ch. 43, § 1.
ANNOTATIONS
Effective dates.
— Laws 1994, ch. 43, § 2 made Laws 1994, ch. 43, § 1 effective July 1, 1994.
Cross references.
— For Section 501 of the Internal Revenue Code,
see
26 U.S.C. § 501.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-86 - Repealed.

History:
Laws 1995, ch. 80, § 1; 2003, ch. 127, § 3; repealed by Laws 2023, ch. 85, § 28.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 85, § 28 repealed 7-9-86 NMSA 1978, as enacted by Laws 1995, ch. 80, § 1, relating to deduction, gross receipts tax, sales to qualified film production company, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-87 - Deduction; gross receipts tax; lottery retailer receipts.

Receipts of a lottery game retailer from selling lottery tickets pursuant to the New Mexico Lottery Act [Chapter 6, Article 24 NMSA 1978] may be deducted from gross receipts.
History:
Laws 1995, ch. 155, § 35.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 155, § 39 made Laws 1995, ch. 155, § 35 effective July 1, 1995.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-88 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 414, § 3 repealed 7-9-88 NMSA 1978, as enacted by Laws 1997, ch. 64, § 2, relating to credit; gross receipts tax; tax paid to Santa Clara pueblo. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com.
For similar present provision,
see
7-9-88.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-89 - Deduction; [gross receipts tax;] sales to certain accredited diplomats and missions.

Receipts from selling or leasing property to, or from performing services for, an accredited foreign mission or an accredited member of a foreign mission may be deducted from gross receipts when a treaty in force to which the United States is a party requires forbearance of tax when the legal incidence is upon the buyer or when the tax is customarily passed on to the buyer.
History:
Laws 1998, ch. 89, § 2.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 89, § 7 made Laws 1998, ch. 89, § 2 effective July 1, 1998.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-90 - Deductions; gross receipts tax; sales of uranium hexafluoride and enrichment of uranium.

A. Receipts from selling uranium hexafluoride and from providing the service of enriching uranium may be deducted from gross receipts.
B. The department shall annually report to the revenue stabilization and tax policy committee aggregate amounts of deductions taken pursuant to this section, the number of taxpayers claiming the deduction and any other information that is necessary to determine that the deduction is performing a purpose that is beneficial to the state.
C. A taxpayer deducting gross receipts pursuant to this section shall report the amount deducted separately and attribute the amount of the deduction to the authorization provided in this section in a manner required by the department that facilitates the evaluation by the legislature for the benefit to the state of this deduction.
History:
Laws 1999, ch. 231, § 3; 2012, ch. 13, § 1.
ANNOTATIONS
Cross references.
— For deduction of value of equipment and its replacement parts from compensating tax,
see
7-9-78.1 NMSA 1978.
The 2012 amendment,
effective May 16, 2012, provided for a deduction of receipts from sales of uranium hexafluoride; required reports to determine whether the deduction is beneficial to the state; in the title, after "sales of", deleted "enriched", and after "uranium", added "hexafluoride"; in Subsection A, after "Receipts from selling", deleted "enriched", and after "uranium", added "hexafluoride"; and added Subsections B and C.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-91 - Deduction; compensating tax; contributions of inventory to certain organizations and governmental agencies.

A. Except as provided otherwise in Subsection D of this section, the value of tangible personal property that is removed from inventory and contributed to organizations that have been granted exemption from the federal income tax by the United States commissioner of internal revenue as organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, may be deducted in computing the compensating tax due, provided that the contribution is deductible for federal income tax purposes by the person from whose inventory the property was withdrawn or, if the person from whose inventory the property was withdrawn is a pass-through entity as that term is defined in Section 7-3-2 NMSA 1978, the contribution is deductible by the owner or owners of the pass-through entity.
B. Except as provided otherwise in Subsection D of this section, the value of tangible personal property that is removed from inventory and contributed to the United States or New Mexico or any governmental unit or subdivision, agency, department or instrumentality thereof may be deducted in computing the compensating tax due.
C. Except as provided otherwise in Subsection D of this section, the value of tangible personal property that is removed from inventory and contributed to an Indian tribe, nation or pueblo or any governmental subdivision, agency, department or instrumentality thereof for use on that Indian reservation or pueblo grant may be deducted in computing the compensating tax due.
D. Unless contrary to federal law, the deduction provided by this section does not apply to:
(1) a contribution of metalliferous mineral ore;
(2) a contribution of tangible personal property that is or will be incorporated into a metropolitan redevelopment project created under the Metropolitan Redevelopment Code [Chapter 3, Article 60A NMSA 1978];
(3) a contribution of tangible personal property that will become an ingredient or component part of a construction project; or
(4) a contribution of tangible personal property utilized or produced in the performance of a service.
E. For purposes of this section:
(1) "inventory" means tangible personal property held for sale or lease in the ordinary course of business; and
(2) "contributed" or "contribution" means a transfer of ownership without consideration. Public acknowledgment of the contribution does not constitute consideration for the purpose of this section.
History:
Laws 2001, ch. 135, § 1.
ANNOTATIONS
Cross references.
— For Section 501(c)(3) of the Internal Revenue Code of 1986,
see
26 U.S.C.S. § 501(c)(3).
Effective dates.
— Laws 2001, ch. 135, § 2 made Laws 2001, ch. 135, § 1 effective July 1, 2001.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9 - Gross Receipts and Compensating Tax › Section 7-9-92 - Deduction; gross receipts; sale of food at retail food store.

A. Receipts from the sale of food by a retail food store that are not exempt from gross receipts taxation and are not deductible pursuant to another provision of the Gross Receipts and Compensating Tax Act may be deducted from gross receipts. The deduction provided by this section shall be separately stated by the taxpayer.
B. For the purposes of this section:
(1) "food" means any food or food product for home consumption that meets the definition of food in 7 USCA 2012(k)(1) for purposes of the federal supplemental nutrition assistance program; and
(2) "retail food store" means an establishment that sells food for home preparation and consumption and that meets the definition of retail food store in 7 USCA 2012(o)(1) for purposes of the federal supplemental nutrition assistance program, whether or not the establishment participates in the supplemental nutrition assistance program.
History:
Laws 2004, ch. 116, § 5; 2021, ch. 65, § 26.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, provided that the existing gross receipts tax deduction for receipts from the sale of food for home consumption is available for food sold by a retail food store and not at a retail food store, and revised the definitions of "food" and "retail food store" for purposes of this section; in Subsection A, after "the sale of food", deleted "at" and added "by"; and in Subsection B, Paragraph B(1), after "7 USCA", changed "2012(g)(1) to "2012(k)(1), and after "federal", deleted "food stamp" and added "supplemental nutrition assistance", and in Paragraph B(2), after "7 USCA", changed "2012(k)(1)" to "2012(o)(1)", and changed each occurrences of "food stamp" to "supplemental nutrition assistance".