reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9I - Affordable Housing Tax Credit Act › Section 7-9I-2 - Definitions.

As used in the Affordable Housing Tax Credit Act:
A. "affordable housing project" means land acquisition, construction, building acquisition, remodeling, improvement, rehabilitation, conversion or weatherization for residential housing that is approved by the authority and that includes single-family housing or multifamily housing;
B. "authority" means the New Mexico mortgage finance authority;
C. "department" means the taxation and revenue department;
D. "modified combined tax liability" means the total liability for the reporting period for the gross receipts tax imposed by Section 7-9-4 NMSA 1978 together with any tax collected at the same time and in the same manner as the gross receipts tax, such as the compensating tax, the withholding tax, the interstate telecommunications gross receipts tax, the surcharges imposed by Section 63-9D-5 NMSA 1978 and the surcharge imposed by Section 63-9F-11 NMSA 1978, minus the amount of any credit other than the affordable housing tax credit applied against any or all of these taxes or surcharges; but "modified combined tax liability" excludes all amounts collected with respect to local option gross receipts taxes and governmental gross receipts taxes; and
E. "person" means an individual, tribal government, housing authority, corporation, limited liability company, partnership, joint venture, syndicate, association or nonprofit organization.
History:
Laws 2005, ch. 104, § 18; 2010, ch. 17, § 2; 2015, ch. 17, § 1.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, removed "county" and "municipality" from the definition of "person" as used in the Affordable Housing Tax Credit Act; and in Subsection E, after "individual", deleted "county, municipality".
The 2010 amendment,
effective July 1, 2010, in Subsection A, after "authority and that includes", deleted "only" and after "multifamily housing", deleted "located in a county with a population of less than one hundred thousand according to the most recent federal decennial census".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9I - Affordable Housing Tax Credit Act › Section 7-9I-4 - Affordable housing project completion notice.

The authority shall certify to the department approval of an affordable housing project for which an investment voucher is issued pursuant to the Affordable Housing Tax Credit Act within twenty days of issuance of that voucher.
History:
Laws 2005, ch. 104, § 20.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 104, § 29 made Laws 2005, ch. 104, § 20 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9I - Affordable Housing Tax Credit Act › Section 7-9I-5 - Affordable housing tax credit.

A. The tax credit provided in this section may be referred to as the "affordable housing tax credit". Except as otherwise provided by the Affordable Housing Tax Credit Act, a holder of an investment voucher that submits the investment voucher to the department may apply for, and the department may allow, a tax credit in an amount not to exceed the value of the investment voucher during the tax year in which the authority certifies to the department:
(1) completion of a service for which an investment voucher has been issued pursuant to the Affordable Housing Tax Credit Act; or
(2) approval by the authority or completion of an affordable housing project for which a land, building or cash donation has been made and for which an investment voucher has been issued pursuant to the Affordable Housing Tax Credit Act.
B. A holder of an investment voucher may apply all or a portion of the affordable housing tax credit against the holder's modified combined tax liability, personal income tax liability or corporate income tax liability. Any balance of the affordable housing tax credit claimed may be carried forward for up to five years from the calendar year during which the authority certifies to the department approval of the affordable housing project for which the investment voucher used to claim the affordable housing tax credit is issued. No amount of the affordable housing tax credit may be applied against a local option gross receipts tax imposed by a municipality or county or against the government gross receipts tax.
C. Notwithstanding the provisions of Section 7-1-8 NMSA 1978, the department may disclose to a person the balance of the affordable housing tax credit remaining with respect to any investment voucher submitted by that person.
History:
Laws 2005, ch. 104, § 21.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 104, § 29 made Laws 2005, ch. 104, § 21 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9I - Affordable Housing Tax Credit Act › Section 7-9I-6 - Administration of the act.

Unless otherwise provided by the Affordable Housing Tax Credit Act, the department shall administer the Affordable Housing Tax Credit Act pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].
History:
Laws 2005, ch. 104, § 22.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 104, § 29 made Laws 2005, ch. 104, § 22 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-1 - Short title.

Sections 11 through 18 of this act [7-9J-1 to 7-9J-8 NMSA 1978] may be cited as the "Alternative Energy Product Manufacturers Tax Credit Act".
History:
Laws 2007, ch. 204, § 11.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-3 - Administration.

The department shall administer the Alternative Energy Product Manufacturers Tax Credit Act pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].
History:
Laws 2007, ch. 204, § 13.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-4 - Alternative energy product manufacturers tax credit.

A. A tax credit to be known as the "alternative energy product manufacturers tax credit" may be claimed by a taxpayer in an amount:
(1) for which the taxpayer has been granted approval by the department pursuant to the Alternative Energy Product Manufacturers Tax Credit Act; and
(2) not to exceed five percent of the taxpayer's qualified expenditures.
B. The alternative energy product manufacturers tax credit may only be deducted from the taxpayer's modified combined tax liability. Any portion of the alternative energy product manufacturers tax credit that remains unused at the end of the taxpayer's reporting period may be carried forward for five years.
History:
Laws 2007, ch. 204, § 14.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-5 - Eligibility requirements; employment.

To be eligible to claim a credit pursuant to the Alternative Energy Product Manufacturers Tax Credit Act, the taxpayer shall employ a number of full-time employees equal to one full-time employee in addition to the number of full-time employees employed one year prior to the day on which the taxpayer applies for the credit for every:
A. five hundred thousand dollars ($500,000), or a portion of that amount, of qualified expenditures claimed by the taxpayer in a taxable year in the same claim, up to a value of thirty million dollars ($30,000,000); and
B. one million dollars ($1,000,000), or a portion of that amount, in value of qualified expenditures over thirty million dollars ($30,000,000) claimed by the taxpayer in a taxable year in the same claim.
History:
Laws 2007, ch. 204, § 15.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-6 - Approval of credit; issuance and denial; application; deadlines.

A. The department shall issue or deny approval for an alternative energy product manufacturers tax credit in response to a taxpayer's application for approval for the credit. The department shall issue approval for a credit claimed by a taxpayer who satisfies the requirements of the Alternative Energy Product Manufacturers Tax Credit Act.
B. The department may require a taxpayer who claims an alternative energy product manufacturers tax credit to produce evidence of the taxpayer's compliance with the Alternative Energy Product Manufacturers Tax Credit Act.
C. A taxpayer may apply for approval of an alternative energy product manufacturers tax credit on or before the last day of the year following the end of the calendar year in which the qualified expenditure is made. The department shall not issue approval for the alternative energy product manufacturers tax credit if the taxpayer applies for approval after the last day of the year following the end of the calendar year in which the qualified expenditure is made.
History:
Laws 2007, ch. 204, § 16.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-7 - Recapture.

If the taxpayer or a successor in the business of the taxpayer ceases operations at a facility in New Mexico for at least one hundred eighty consecutive days within a two-year period after the taxpayer has claimed an alternative energy product manufacturers tax credit, the department shall not grant additional alternative energy product manufacturers tax credits with respect to that facility. Any amount of the approved credit with respect to that facility that is not claimed against the taxpayer's modified combined tax liability shall be extinguished, and within thirty days after the one hundred eightieth day of cessation of operations, the taxpayer shall pay the modified income tax liability against which an approved credit was taken. For the purposes of this section, a taxpayer shall not be deemed to have ceased operations during reasonable periods for maintenance or retooling, for the repair or replacement of facilities damaged or destroyed or during labor disputes.
History:
Laws 2007, ch. 204, § 17.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 9J - Alternative Energy Product Manufacturers Tax Credit Act › Section 7-9J-8 - Credit claim forms.

The department shall provide credit claim forms and instructions. A credit claim form shall accompany any return in which the taxpayer claims a credit, and the claim shall specify the amount of credit intended to apply to each return.
History:
Laws 2007, ch. 204, § 18.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 204 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 10 - Gross Receipts Tax Registration › Section 7-10-1 - Short title.

Chapter 7, Article 10 NMSA 1978 may be cited as the "Gross Receipts Tax Registration Act".
History:
1953 Comp., § 72-16A-30, enacted by Laws 1970, ch. 26, § 1; 1995, ch. 70, § 7.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "Chapter 7, Article 10 NMSA 1978" for "This act" in this section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 10 - Gross Receipts Tax Registration › Section 7-10-2 - Purpose of act.

The purpose of the Gross Receipts Tax Registration Act is to ensure that all persons doing business with the state, whether leasing property employed in New Mexico, performing services in New Mexico or selling property in New Mexico, are registered with the department for payment of the gross receipts tax.
History:
1953 Comp., § 72-16A-31, enacted by Laws 1970, ch. 26, § 2; 1995, ch. 70, § 8.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "ensure" for "insure" and "department" for "bureau" in this section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 10 - Gross Receipts Tax Registration › Section 7-10-3 - Definitions.

As used in the Gross Receipts Tax Registration Act:
A. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
B. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity; and
C. "state" means any state agency, department or office that has authority to contract in the name of the state or to make payments from state funds.
History:
1953 Comp., § 72-16A-32, enacted by Laws 1970, ch. 26, § 3; 1977, ch. 249, § 51; 1986, ch. 20, § 70; 1995, ch. 70, § 9.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, deleted "'bureau' or" at the beginning of Subsection A.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 10 - Gross Receipts Tax Registration › Section 7-10-4 - Persons doing business with the state; registration to pay the gross receipts tax required.

Any person leasing or selling property to the state or performing services for the state, as those terms are used in the Gross Receipts and Compensating Tax Act, shall be registered with the department to pay the gross receipts tax unless that person has no business location, employees or property in New Mexico and does not conduct business in New Mexico through agents or contractors.
History:
1953 Comp., § 72-16A-33, enacted by Laws 1970, ch. 26, § 4; 1995, ch. 70, § 10.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "shall' for "must" and "department" for "bureau", and added the language beginning "unless that person".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 10 - Gross Receipts Tax Registration › Section 7-10-5 - Penalty for noncompliance.

If any person required to register under the provisions of Section 7-10-4 NMSA 1978 is not registered to pay the gross receipts tax, the state shall withhold payment of the amount due until the person has presented evidence of registration with the department to pay the gross receipts tax.
History:
1953 Comp., § 72-16A-34, enacted by Laws 1970, ch. 26, § 5; 1995, ch. 70, § 11.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "required to register under the provisions of Section 7-10-4 NMSA 1978" for "who leases or sells property to or performs services for the state", and "department" for "bureau".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-1 - Short title.

Chapter 7, Article 11 NMSA 1978 may be cited as the "Railroad Car Company Tax Act".
History:
1978 Comp., § 7-11-1, enacted by Laws 1982, ch. 18, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1982, ch. 18, § 17, repealed former 7-11-1 NMSA 1978, relating to definitions, and enacted a new section. For present provisions relating to definitions,
see
7-11-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-2 - Definitions.

As used in the Railroad Car Company Tax Act:
A. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
B. "gross earnings" means the total income received from all sources by an organization from the use or operation of railway cars within the state;
C. "organization" means every foreign or domestic car or car line company, every foreign or domestic joint-stock company, every foreign or domestic mercantile company, every foreign or domestic corporation of any other class, every foreign organization classed as a New England, Massachusetts or business trust, every association for profit, every partnership and every individual who owns one or more railway cars other than a railroad company operating its own or leased lines; and
D. "railway car" means any passenger, sleeping, parlor, refrigerator, tank, observation, dining, freight or coal car.
History:
1978 Comp., § 7-11-1; reenacted as 1978 Comp., § 7-11-2, enacted by Laws 1982, ch. 18, § 18; 1986, ch. 20, § 71; 1988, ch. 95, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 71 Am. Jur. 2d State and Local Taxation §§ 392 to 395.
84 C.J.S. Taxation § 225.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-3 - Imposition of tax; tax rate; tax in lieu of property taxes.

A. There is imposed on the gross earnings of each organization for the 1996 and subsequent calendar years a tax of one and one-half percent.
B. The tax imposed in Subsection A of this section is in lieu of all property taxes on railway cars owned by an organization.
History:
1978 Comp., § 7-11-3, enacted by Laws 1982, ch. 18, § 19; 1987, ch. 108, § 1; 1997, ch. 92, § 1.
ANNOTATIONS
The 1997 amendment,
effective April 8, 1997, in Subsection A, substituted "1996" for "1987" and "one and one-half percent" for "three and one-half percent".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 71 Am. Jur. 2d State and Local Taxation §§ 127, 291, 392 to 395, 399, 402, 405, 427, 438.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-4 - Situs of railway cars; gross earnings.

A. For the purpose of taxation, any railway car owned by an organization and used exclusively within this state or used partially within and partially without this state has situs within this state.
B. The term "gross earnings" shall be construed to mean all earnings on business beginning and ending within this state and on a proportion, based on the division of mileage in this state by the entire mileage over which business is done, of all interstate business passing through, into or out of this state.
History:
1978 Comp., § 7-11-4, enacted by Laws 1982, ch. 18, § 20.
ANNOTATIONS
Repeals and reenactments.
— Laws 1982, ch. 18, § 20, repealed former 7-11-4 NMSA 1978, relating to the inspection and verification of filed reports by the revenue division of the taxation and revenue department, and enacted a new section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-5 - Withholding and payment of tax; duty of railroads using or leasing cars to make reports.

Every railroad company using or leasing the railway cars of any organization, upon making payment to such organization for the use or lease of railway cars, shall withhold from such payment an amount equal to the product of the tax rate specified in Subsection A of Section 7-11-3 NMSA 1978 multiplied by the gross earnings. On or before March 1 of each year, such railroad company shall report to the department on a form prescribed by the department the amounts of such payments and the amounts withheld for the preceding calendar year. The amounts withheld shall be remitted with the report.
History:
Laws 1982, ch. 18, § 21; 1988, ch. 95, § 2.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-6 - Liability of organizations.

Every organization is liable for any difference between an amount equal to the product of the tax rate specified in Subsection A of Section 7-11-3 NMSA 1978 multiplied by its gross earnings and the sum of withheld taxes remitted for that organization by one or more railroad companies for that year.
History:
1978 Comp., § 7-11-6, enacted by Laws 1982, ch. 18, § 22; 1988, ch. 95, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1982, ch. 18, § 22, repealed former 7-11-6 NMSA 1978, relating to limitations on the amount of tax to be imposed on railroad car companies such that it shall not exceed the ad valorem rate, and enacted a new section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 11 - Railroad Car Company Tax › Section 7-11-7 to 7-11-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 18, § 27, repealed 7-11-7 to 7-11-12 NMSA 1978, relating to imposition of tax upon railroad car companies or similar organizations, penalties for failure to pay tax and limitations on opportunity to contest tax determinations, effective July 1, 1982.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-1 - Cigarette Tax Act; short title.

Chapter 7, Article 12 NMSA 1978 may be cited as the "Cigarette Tax Act".
History:
1953 Comp., § 72-14-1, enacted by Laws 1971, ch. 77, § 1; 1985, ch. 25, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 77, § 1, repealed 72-14-1, 1953 Comp., relating to definitions applicable to the cigarette and tobacco tax, and enacted a new 7-12-1 NMSA 1978. For present provisions relating to definitions,
see
7-12-2 NMSA 1978.
Cross references.
— For applicability of the Tax Administration Act to the Cigarette Tax Act,
see
7-1-2 NMSA 1978.
Determining validity of former law.
— If doubt existed with respect to an issue of existing danger to the public health which the legislature sought to forestall by means of former law imposing an excise tax on cigars and cigarettes, supreme court had a duty to resolve that doubt in favor of the legislative determination and constitutionality.
State ex rel. Hughes v. Cleveland
, 1943-NMSC-029, 47 N.M. 230, 141 P.2d 192.
Exemption of former law from referendum.
— Former act relating to cigarette and tobacco tax was exempt from referendum under constitutional provision which exempts measures providing for preservation of public peace, health or safety.
State ex rel. Hughes v. Cleveland
, 1943-NMSC-029, 47 N.M. 230, 141 P.2d 192.
In pari materia.
— Insofar as former act allocated proceeds of the excise tax on cigars and cigarettes to old-age assistance, it was to be read in pari materia with the Public Welfare Act.
State ex rel. Hughes v. Cleveland
, 1943-NMSC-029, 47 N.M. 230, 141 P.2d 192.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 71 Am. Jur. 2d State and Local Taxation § 615.
Specific tax imposed on goods in stock of tobacco dealers as excise tax, 173 A.L.R. 1324.
Tobacco: validity, construction and application of state statutes forbidding possession, transportation or sale of unstamped or unlicensed cigarettes or other tobacco products, 46 A.L.R.3d 1342.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-3 - Excise tax on cigarettes; reduction of rate for certain cigarettes.

A. For the privilege of selling, giving or consuming cigarettes in New Mexico, there is levied an excise tax at a rate of ten cents ($.10) for each cigarette sold, given or consumed in this state.
B. The tax imposed by this section shall be referred to as the "cigarette tax".
C. The tax imposed by this section shall be reduced by fifty percent for a cigarette for which a modified risk tobacco product order has been issued by the United States secretary of health and human services pursuant to Section 21 U.S.C. 387k(g)(1).
D. The tax imposed by this section shall be reduced by twenty-five percent for a cigarette for which a modified risk tobacco product order has been issued by the United States secretary of health and human services pursuant to Section 21 U.S.C. 387k(g)(2).
History:
Laws 1943, ch. 95, § 2; 1941 Comp. Supp., § 76-1602; Laws 1947, ch. 111, § 1; 1949, ch. 180, § 2; 1953 Comp., § 72-14-2; Laws 1955, ch. 263, § 1; 1961, ch. 244, § 1; 1962 (S.S.), ch. 5, § 1; 1968, ch. 50, § 2; reenacted as 1953 Comp., § 72-14-3 by Laws 1971, ch. 77, § 3; 1984, ch. 52, § 1; 1985, ch. 25, §§ 1, 2, 5; 1986, ch. 13, § 2; 1993, ch. 30, § 19; 1993, ch. 358, § 2; 1995, ch. 70, § 13; 2003, ch. 341, § 2; 2007, ch. 182, § 2; 2010 (2nd S.S.), ch. 5, § 3; 2019, ch. 270, § 39.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, revised the excise tax rate on cigarettes and provided a reduction of the tax rate for certain cigarettes; in the section heading, deleted "rates" and added "reduction of rate for certain cigarettes"; in Subsection A, after "an excise tax at", deleted "the following rates" and added "a rate of ten cents ($.10)", and deleted Paragraphs A(1) through A(3); and added Subsections C and D.
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, in Subsection A(1), changed the tax rate from four and fifty-five hundredths cents ($.0455) to eight and three-tenths cents ($.083); in Subsection A(2), changed the tax rate from nine and ten-hundredths cents ($.091) to sixteen and six-tenths cents ($.166); and Subsection A(3), changed the tax rate from eighteen and twenty-hundredths cents ($.182) to thirty-three and two-tenths cents ($.332).
The 2007 amendment,
effective June 15, 2007, added Subesctions (1) to (3) to provide new rates for cigarette packages in lots of 10 or 5.
The 2003 amendment,
effective July 1, 2003, in Subsection A, substituted the present tax rate for "one and five hundredths cents".
The 1995 amendment,
effective July 1, 1995, substituted "this section" for "the Cigarette Tax Act" in Subsection B.
The 1993 amendment,
effective July 1, 1993, substituted "one and five hundredths cents ($.0105)" for "seventy-five one-hundredths of one cent ($.0075)" in Subsection A.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-3.1 - Cigarette inventory tax; imposition of tax; date payment of tax due.

A. A tax that may be identified as the "cigarette inventory tax" is imposed on a distributor that has in its possession tax-exempt stamps, tax-credit stamps or tax stamps, not affixed to packages of cigarettes, at the close of business on the day prior to the date on which an increase in the cigarette tax imposed by Section 7-12-3 NMSA 1978 is effective.
B. The cigarette inventory tax due from the distributor is calculated by multiplying the number of tax stamps not affixed to packages of cigarettes in the distributor's possession by the increase in the excise tax. Tax-exempt stamps and tax-credit stamps are not included in the calculation to determine the amount of cigarette inventory tax to be paid by a distributor.
C. The cigarette inventory tax is to be paid to the department on or before the twenty-fifth day of the month following the month in which the increase in the cigarette tax is effective.
History:
1978 Comp., § 7-12-3.1, enacted by Laws 1986, ch. 13, § 3; 1995, ch. 70, § 14; 2006, ch. 91, § 2; 2010 (2nd S.S.), ch. 5, § 4; 2019, ch. 270, § 40.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, provided that the cigarette inventory tax due from a distributor is calculated by multiplying the number of tax stamps not affixed to packages of cigarettes in the distributor's possession by the increase in the excise tax; in Subsection A, after "tax-credit stamps or tax stamps", deleted "whether or"; and in Subsection B, after "number of tax stamps", added "not affixed to packages of cigarettes".
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, after "possession of tax-exempt stamps", added "tax-credit stamps" and after "affixed to packages of cigarettes", deleted "on" and added "at the close of business on the day prior to"; and in Subsection B, in the second sentence, after "Tax-exempt stamps", added "and tax-credit stamps".
The 2006 amendment,
effective May 17, 2006, in Subsection A, deleted the provision that the tax is measured by the quantity of cigarette stamps in the possession of a person who is required to affix stamps and provided that the tax is imposed on a distributor; in Subsection A, deleted the provision that the taxable event is the existence of an inventory of stamp; added a new Subsection B to provide for the calculation of the tax; and in Subsection C (formerly Subsection B), provided that the tax is to be paid in the month following the month the increase in the tax is effective.
The 1995 amendment,
effective July 1, 1995, substituted "department" for "division" in Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-3.2 - Cigarette inventories.

A. At the close of business on the day prior to any date on which the cigarette tax imposed by Section 7-12-3 NMSA 1978 is increased, each distributor shall take inventory of tax-exempt stamps, tax-credit stamps and tax stamps on hand, including stamps affixed to packages of cigarettes.
B. Each distributor shall report the total number of tax-exempt stamps, tax-credit stamps and tax stamps in inventory at the close of business on the day prior to the date on which the cigarette tax increases and pay the cigarette inventory tax due.
History:
1978 Comp., § 7-12-3.2, enacted by Laws 1986, ch. 13, § 4; 2006, ch. 91, § 3; 2010 (2nd S.S.), ch. 5, § 5.
ANNOTATIONS
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, in Subsection A, at the beginning of the sentence, deleted "On" and added "At the close of business on the day prior to" and after "inventory of tax-exempt stamps", added "tax-credit stamps"; and in Subsection B, after "number of tax-exempt stamps", added "tax-credit stamps" and after "tax stamps in inventory", deleted "on" and added "at the close of business on the day prior to".
The 2006 amendment,
effective May 17, 2006, in Subsection A, provided that the distributor shall take an inventory of tax-exempt stamps and tax stamps; and in Subsection B, provided that the distributor shall report the number of tax-exempt stamps and tax stamps.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-4 - Exemption.

A. Exempted from the cigarette tax are sales of cigarettes:
(1) to the United States or any agency or instrumentality thereof or the state of New Mexico or any political subdivision thereof;
(2) to a tribe, or to a tribal member licensed by the governing body of a tribe for use or sale on that tribe's land, if the tribe has in place a qualifying tribal cigarette tax; and
(3) sales that the state is prohibited from taxing by a provision of the United States constitution or the constitution of the state of New Mexico.
B. As used in this section, the term "agency or instrumentality" does not include persons who are agents or instrumentalities of the United States for a particular purpose or only when acting in a particular capacity or corporate agencies or instrumentalities.
History:
Laws 1943, ch. 95, § 13; 1941 Comp. Supp., § 76-1613; reenacted as 1953 Comp., § 72-14-4 by Laws 1971, ch. 77, § 4; 1992, ch. 37, § 1; 2010 (2nd S.S.), ch. 5, § 6.
ANNOTATIONS
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, in Subsection A(2), at the beginning of the sentence, deleted "the governing body" and added "a tribe"; after "a tribe, or to", deleted "any enrolled" and added "a"; after "licensed by the governing body of", deleted "any Indian nation" and added "a"; after "governing body of a tribe", deleted "or pueblo"; after "for use or sale on that", deleted "reservation or pueblo grant" and added the remainder of the sentence.
The 1992 amendment,
effective May 20, 1992, added the subsection designations; in Subsection A, added the paragraph designations, added "to the governing body or to any enrolled tribal member licensed by the governing body of any Indian nation, tribe or pueblo for use or sale on that reservation or pueblo grant; and" at the beginning of Paragraph (2), added "sales" at the beginning of Paragraph (3), and made a stylistic change; and, in Subsection B, substituted "As used in this section" for "As used herein".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-4.1 - Cigarette tax; tribal sales; tax-credit stamps.

A. A distributor shall obtain from the department tax-credit stamps to affix to packages of cigarettes sold to a tribe or a tribal member licensed or otherwise approved by a tribe to sell cigarettes under the authority of the tribe on that tribe's land; provided that the tribe has certified to the department that the tribe has in effect a qualifying tribal cigarette tax.
B. Cigarettes sold by a tribe or tribal member bearing a tax-credit stamp shall be sold for use or sale on that tribe's land or on the land of another tribe or for use but not for resale in the state or at a location off any tribe's land.
History:
Laws 2010 (2nd S.S.), ch. 5, § 7.
ANNOTATIONS
Effective dates.
— Laws 2010 (2nd S.S.), ch. 5, § 28 made the provisions of Laws 2010 (2nd S.S.), ch. 5, § 7 effective July 1, 2010.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-6 - Waiver of requirement that stamps be affixed.

The requirement imposed in Section 7-12-5 NMSA 1978 that stamps be affixed to packages or containers of cigarettes is waived if the cigarettes are:
A. distributed by a manufacturer pursuant to federal regulations and are exempt from tax pursuant to 26 U.S.C. 5704; and
B. not subsequently imported into New Mexico.
History:
Laws 1943, ch. 95, § 6; 1947, ch. 84, § 4; 1949, ch. 180, § 6; 1941 Comp. Supp., § 76-1606; 1953 Comp., § 72-14-6; Laws 1955, ch. 263, § 2; 1957, ch. 166, § 1; 1962 (S.S.), ch. 14, § 1; 1970, ch. 70, § 4; reenacted by Laws 1971, ch. 77, § 6; 1984, chs. 51, 63; 1995, ch. 70, § 15; 2006, ch. 91, § 5; 2009, ch. 197, § 13.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, added Subsection B.
The 2006 amendment,
effective May 17, 2006, provided a waiver if the cigarettes are distributed by a manufacturer pursuant to federal regulations and are exempt form tax pursuant to 26 U.S.C. 5704; deleted former Subsection A, which provided a waiver for sales of cigarettes on railroad passenger trains; and deleted former Subsection B, which provided a waiver for distribution of free samples.
The 1995 amendment,
effective July 15, 1995, substituted "department" for "bureau" in the second sentences of Subsections A and B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-8 - Redemption of stamps.

The department shall redeem unused or destroyed stamps at the price paid by the buyer, provided acceptable proof of such destruction is provided the department. It is presumed that the stamps presented for redemption were the last stamps bought in the month in which the sale of the stamps was made. If the month in which the sale was made is unknown, the amount to be paid by the department upon redemption shall be computed as if the stamps presented for redemption were the last stamps bought in the average monthly number of stamps bought during the preceding calendar year.
History:
Laws 1943, ch. 95, § 12; 1941 Comp. Supp., § 76-1612; 1953 Comp., § 72-14-12; Laws 1970, ch. 70, § 6; reenacted as 1953 Comp., § 72-14-8 by Laws 1971, ch. 77, § 8; 1988, ch. 95, § 6.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-9 - Repealed.

History:
Laws 1943, ch. 95, § 4; 1941 Comp. Supp., § 76-1604; Laws 1947, ch. 84, § 4; 1949, ch. 180, § 4; 1953 Comp., § 72-14-4; Laws 1970, ch. 70, § 2; reenacted as 1953 Comp., § 72-14-9 by Laws 1971, ch. 77, § 9; 1988, ch. 95, § 7; 2006, ch. 91, § 18.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 91, § 18, effective May 17, 2006, repealed 7-12-9 NMSA 1978, as enacted by Laws 1971, ch. 77, § 9, relating to the license for cigarette sales. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com.
For current comparable provisions relating to the sale and resale of cigarettes in this state,
see
7-12-9.1 to 7-12-9.4 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-9.2 - Distributor's license.

A. A person shall not distribute stamped packages of cigarettes for resale or sell stamped packages of cigarettes at wholesale without first obtaining a distributor's license from the department.
B. A person licensed to distribute cigarettes is authorized to:
(1) receive unstamped packages of cigarettes from a manufacturer or a distributor;
(2) purchase tax stamps and receive tax-exempt stamps and tax-credit stamps from the department;
(3) affix tax stamps, tax-credit stamps or tax-exempt stamps to unstamped packages of cigarettes;
(4) sell stamped packages of cigarettes to a retailer for resale or to a distributor; and
(5) sell unstamped packages of cigarettes to a person licensed to distribute cigarettes outside of New Mexico or to a distributor.
History:
Laws 2006, ch. 91, § 8; 2009, ch. 197, § 15; 2010 (2nd S.S.), ch. 5, § 10.
ANNOTATIONS
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, in Subsection B(2), after "tax-exempt stamps", added "tax-credit stamps"; and in Subsection B(3), after "affix tax stamps", added "tax-credit stamps".
The 2009 amendment,
effective July 1, 2009, in Paragraphs (1), (4) and (5) of Subsection B, at the end of the sentence, added "or to a distributor".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-9.3 - Manufacturer's license.

A. A person shall not manufacture cigarettes in New Mexico unless licensed by the department.
B. A person licensed to manufacture cigarettes in New Mexico is authorized to:
(1) manufacture, produce and package cigarettes;
(2) receive imported cigarettes;
(3) sell unstamped cigarettes to a distributor, another manufacturer or an export warehouse proprietor; and
(4) sell unstamped cigarettes outside of New Mexico.
History:
Laws 2006, ch. 91, § 9.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-9.4 - Retail sale of cigarettes.

A retailer of cigarettes shall:
A. only obtain cigarettes for resale from a distributor;
B. only obtain stamped cigarettes;
C. not sell cigarettes at wholesale or for resale unless the retailer is also a distributor; and
D. comply with the provisions of the Cigarette Tax Act or any law or rule that applies to retailers of cigarettes.
History:
Laws 2006, ch. 91, § 10.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-10 - Repealed.

History:
Laws 1943, ch. 95, § 7; 1941 Comp. Supp., § 76-1607; 1953 Comp., § 72-14-7; reenacted as 1953 Comp., § 72-14-10 by Laws 1971, ch. 77, § 10; 1988, ch. 95, § 8; 2006, ch. 91, § 18.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 91, § 18, effective May 17, 2006, repealed 7-12-10 NMSA 1978, as enacted by Laws 1971, ch. 77, § 10, relating to retention of invoices and records. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com.
For current comparable provisions,
see
7-12-10.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-10.1 - Retention of invoices and records; inspection by department.

A. A manufacturer, distributor or retailer shall maintain copies of invoices for each of its facilities for every transaction involving a cigarette sale, purchase, transfer, receipt or consignment, except that a retailer need not retain copies of invoices for sales of cigarettes to consumers. An invoice shall show:
(1) the names and addresses of all persons involved in the transaction, including the seller, purchaser, consignor and consignee. If a transaction involves an additional facility of the same manufacturer, distributor or retailer, the invoice shall also show the address of the additional facility;
(2) the date;
(3) the price; and
(4) the quantity of each brand of cigarettes involved in each transaction.
B. Records required to be maintained pursuant to Subsection A of this section shall be preserved on the premises described in the license in a manner that ensures permanency and accessibility for inspection at reasonable hours by the department.
C. The records required to be maintained pursuant to Subsection A of this section shall be retained for a period of three years from the end of the year in which the transaction occurred, unless otherwise required by law to be retained for a longer period of time.
D. The department and the secretary of the United States department of the treasury, or a designee, may inspect the reports and records required pursuant to the Cigarette Tax Act along with any stock of cigarettes in the possession of the manufacturer, distributor or retailer. The department, at its sole discretion, may share those records and reports with law enforcement officials of the federal government, other states and international authorities.
History:
Laws 2006, ch. 91, § 11; 2009, ch. 197, § 16.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "distributor", added "or retailer" and after "receipt or consignment", added "except that".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-11 - Export sellers; physical segregation of cigarettes to be exported.

A. A distributor selling and shipping cigarettes outside New Mexico may maintain unstamped packages of cigarettes on the distributor's premises if the unstamped packages to be shipped outside the state are kept in a separate part of the distributor's place of business, physically segregated from packages of cigarettes to be sold inside New Mexico and clearly identified as packages of cigarettes for shipment outside the state. If packages of cigarettes to be sold outside New Mexico are intermingled with packages of cigarettes to be sold inside New Mexico, they shall be stamped and treated for purposes of the Cigarette Tax Act as packages of cigarettes to be sold inside New Mexico.
B. Unstamped packages of cigarettes shall not be transferred by a distributor to another facility of the distributor's or to another person within New Mexico.
C. A person doing business as both a distributor and a retailer or both a distributor and a manufacturer shall maintain separate areas for stamped and unstamped packages of cigarettes.
History:
1953 Comp., § 72-14-11, enacted by Laws 1971, ch. 77, § 11; 2006, ch. 91, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 77, § 11, repealed 72-14-11, 1953 Comp., relating to revenue stamps, and enacted a new section.
The 2006 amendment,
effective May 17, 2006, in Subsection A, provided that a distributor may maintain unstamped packages on the distributor's premises; added Subsection B to prohibit the transfer of unstamped packages to other facilities; and added Subsection C to provide that a person doing business as both a retainer and a distributor or a distributor and manufacturer shall maintain separate areas for stamped and unstamped packages.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-12 - Shipment of unstamped cigarettes in New Mexico.

A. A person that ships unstamped packages of cigarettes into New Mexico other than to a distributor shall first file a notice of the shipment with the department.
B. A person that transports unstamped packages of cigarettes into or within New Mexico shall carry, in the transporting vehicle, invoices or equivalent documents applicable to all cigarettes in the shipment. The invoices or documents shall show:
(1) the name and address of the consignor or seller;
(2) the name and address of the consignee or purchaser; and
(3) the quantity of each brand of cigarettes transported.
C. The provisions of Subsections A and B of this section shall not apply to a common or contract carrier transporting cigarettes through New Mexico to another location pursuant to a proper bill of lading or freight bill that states the quantity, source and destination of the cigarettes.
D. The department may, by regulation, require and prescribe the contents of reports to be filed with the department by persons transporting unstamped packages of cigarettes in New Mexico.
History:
1953 Comp., § 72-14-12, enacted by Laws 1971, ch. 77, § 12; 1988, ch. 95, § 9; 2006, ch. 91, § 13.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 77, § 12, repealed former 72-14-12, 1953 Comp., relating to the redemption of stamps, and enacted a new section.
The 2006 amendment,
effective May 17, 2006, added Subparagraph A to require a person shipping unstamped packages to file a notice of the shipment; added Subsection B to require a person who transports unstamped packages to carry invoices applicable to the cigarettes; and added Subsection C to provide that Subsections A and B do not apply to a common or contract carrier transporting cigarettes through New Mexico to an other location.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-13 - Repealed.

History:
Laws 1943, ch. 95, § 8; 1941 Comp. Supp., § 76-1608; Laws 1949, ch. 180, § 7; 1953 Comp., § 72-14-8; Laws 1970, ch. 70, § 5; reenacted as 1953 Comp., § 72-14-13 by Laws 1971, ch. 77, § 13; 1988, ch. 95, § 10; 2006, ch. 91, § 18.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 91, § 18, effective May 17, 2006, repealed 7-12-13 NMSA 1978, as enacted by Laws 1971, ch. 77, § 10, relating to penalties for violation of the Cigarette Tax Act. For provisions of former section,
see
the 2005 NMSA 1978 on
NMOneSource.com.
For the current comparable provisions,
see
7-12-13.1 and 7-12-13.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 12 - Cigarette Tax › Section 7-12-13.1 - Civil penalties.

A. Whoever knowingly fails, neglects or refuses to comply with the provisions of the Cigarette Tax Act shall be liable for, in addition to any other penalty provided in that act:
(1) for a first offense, a penalty of up to one thousand dollars ($1,000);
(2) for a second offense, a penalty of not less than one thousand five hundred dollars ($1,500) and no more than two thousand five hundred dollars ($2,500); and
(3) for a third or subsequent offense, a penalty of not less than five thousand dollars ($5,000).
B. Whoever fails to pay a tax imposed pursuant to the Cigarette Tax Act at the time the tax is due shall, in addition to any other penalty provided in that act, be liable for a penalty of five hundred percent of the tax due but unpaid.
C. Contraband cigarettes in New Mexico and the equipment used to manufacture, package or stamp them are subject to seizure, forfeiture and destruction by the department, its revenue officers or its agents or by other state or local peace officers.
D. Counterfeit stamps for use in New Mexico in the possession of any person and the equipment used to produce them are subject to seizure by the department, its revenue officers or its agents or by other state or local peace officers.
History:
Laws 2006, ch. 91, § 16.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.