reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 112 - DESTRUCTION › Section 3.16.112.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Special Fuels Supplier Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 112 - DESTRUCTION › Section 3.16.112.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Accident:
(1) An "accident" includes any event
				happening by chance, unexpectedly taking place or occurring not according to
				the usual course of events. An event may sometimes be termed accidental even
				though it results from ordinary negligence.
(2) Example 1: X is a special fuel supplier.
				X's driver while delivering to a service station negligently dumps diesel fuel
				into the gasoline storage tank (tank G) and gasoline into the diesel fuel
				storage tank (tank D). Each tank is nearly full. In order to return the station
				to operation, X pumps both tanks dry and dumps the resulting mixture into
				another tank (tank M) which contains a small amount of diesel fuel. In this
				situation, the diesel fuel dumped into tank G and the diesel fuel in tank D
				into which gasoline was dumped is "destroyed", because each tank became a
				mixture that was rendered unusable as a special fuel. All this special fuel was
				"destroyed" by "accident" within the meaning of Subsection A of Section
				3.16.112.7 NMAC, and X may obtain a refund for special fuel excise tax paid on
				the special fuel dumped into tank G and the special fuel in tank D on
				submission of satisfactory proof. The special fuel in tank M was also
				"destroyed" within the meaning of Subsection B of Section 3.16.112.7 NMAC.
				However, the special fuel in tank M was not "destroyed" by "accident" because X
				knew there was some special fuel in the tank and knew it would be "destroyed"
				when the diesel fuel and gasoline mixture was dumped into it. X will not be
				granted a refund for special fuel excise tax paid on the special fuel in tank
				M.
(3) Example 2: Y is a special
				fuel supplier. An underground pipe develops a leak because of corrosion and
				some special fuel is "destroyed". The department will not grant a refund since
				corrosion is not an "accident" within the meaning of Section
				7-16A-13
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 112 - DESTRUCTION › Section 3.16.112.8 - PROOF SATISFACTORY TO THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Proof satisfactory to the department of the destruction of
				  special fuel shall state the amount of special fuel in the person's possession
				  immediately prior to the destruction and the amount remaining immediately after
				  the destruction. The proof shall state the circumstances of the destruction and
				  shall be attested to by the claimant. The proof shall be on forms provided by
				  the department and shall accompany the person's application for refund or
				  credit.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 112 - DESTRUCTION › Section 3.16.112.9 - STATUTE OF LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
No refund may be made under Section
				  7-16A-13
				  NMSA 1978 unless the person claiming the refund notifies the department of the
				  destruction of the special fuel within thirty (30) days of the actual
				  destruction, and the claim for refund is made within six (6) months of the date
				  of destruction.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 113 - REGISTRATION › Section 3.16.113.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 113 - REGISTRATION › Section 3.16.113.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 113 - REGISTRATION › Section 3.16.113.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Special Fuels Supplier Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 113 - REGISTRATION › Section 3.16.113.8 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person
				engaged in selling special fuel as a rack operator, importer, supplier or
				dealer shall register with the department by filing an application for
				registration for combined reporting of gross receipts, compensating and
				withholding tax.
B. The department
				will prepare and make available to rack operators, importers and suppliers a
				list of all persons currently registered as suppliers under the Special Fuels
				Supplier Tax Act. The department will answer all inquiries as to whether a
				person is included in this list.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 113 - REGISTRATION › Section 3.16.113.9 - DEPARTMENT MAY REMOVE NONCOMPLYING SUPPLIERS FROM LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with Section 3.16.113.9
				NMAC, the department may cancel the registration of a supplier as a supplier of
				special fuel and remove its name from the list of suppliers registered under
				the Special Fuels Supplier Tax Act if the supplier does not substantially
				comply with the requirements to file special fuel tax returns in the form and
				manner prescribed by the secretary.
B. The department shall notify the supplier
				of its intent to cancel the supplier's registration as a supplier of special
				fuel and to remove its name from the list. The notice shall provide for a
				hearing at least ten days after the date of the date notice is provided. At the
				hearing the supplier will be given an opportunity to demonstrate substantial
				compliance. If, in the judgment of the hearing officer, substantial compliance
				is not demonstrated, the hearing officer shall order the immediate cancellation
				of registration as a supplier and removal from the list of suppliers or to file
				petroleum products loading fee reports in the form and manner prescribed by the
				secretary with respect to special fuel loaded or imported by the
				supplier.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 114 - SECURITY › Section 3.16.114.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 114 - SECURITY › Section 3.16.114.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 114 - SECURITY › Section 3.16.114.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Special Fuels Supplier Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 114 - SECURITY › Section 3.16.114.8 - SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				may request security in addition to the bond required under Section
				7-16A-15
				NMSA 1978 as needed.
B. If any
				person fails to provide the security required by Section 3.16.114.8 NMAC within
				thirty (30) days, the department may demand, by certified mail or in person,
				that the security be provided. If the person does not comply within ten (10)
				days, the department may institute proceedings to enjoin that person from
				engaging in business in New Mexico in accordance with Section
				7-1-53
				NMSA 1978 of the Tax Administration Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 115 - OFF-LOADING NOT A VIOLATION IN CERTAIN CASES › Section 3.16.115.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 115 - OFF-LOADING NOT A VIOLATION IN CERTAIN CASES › Section 3.16.115.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 115 - OFF-LOADING NOT A VIOLATION IN CERTAIN CASES › Section 3.16.115.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 115 - OFF-LOADING NOT A VIOLATION IN CERTAIN CASES › Section 3.16.115.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this art is to interpret, exemplify,
				  implement and enforce the provisions of the Special Fuels Supplier Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 115 - OFF-LOADING NOT A VIOLATION IN CERTAIN CASES › Section 3.16.115.8 - OFF-LOADING NOT A VIOLATION IN CERTAIN CASES

Current through Register Vol. 35, No. 13, July 16, 2024
Any authorized enforcement employee of the motor
				  transportation division or any authorized law enforcement officer may require
				  that special fuel be off-loaded or otherwise removed from the supply tank of a
				  motor vehicle to eliminate an unsafe or hazardous operating
				  condition.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 118 - REFUNDS › Section 3.16.118.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 118 - REFUNDS › Section 3.16.118.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
5/31/97, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 118 - REFUNDS › Section 3.16.118.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Special Fuels Supplier Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 118 - REFUNDS › Section 3.16.118.8 - TEMPORARY SPECIAL FUEL USER PERMIT FEE NOT REFUNDABLE

Current through Register Vol. 35, No. 13, July 16, 2024
The temporary special fuel user permit fee is not refundable
				  and may not be claimed as an amount of special fuel tax paid in determining any
				  special fuel excise tax due under Section
				  7-16A-19
				  NMSA 1978. This regulation is applicable to special fuel tax returns filed for
				  periods ending on or after December 31, 1996.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 200 - GENERAL PROVISIONS - PETROLEUM PRODUCTS LOADING FEES › Section 3.16.200.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 200 - GENERAL PROVISIONS - PETROLEUM PRODUCTS LOADING FEES › Section 3.16.200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 200 - GENERAL PROVISIONS - PETROLEUM PRODUCTS LOADING FEES › Section 3.16.200.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 200 - GENERAL PROVISIONS - PETROLEUM PRODUCTS LOADING FEES › Section 3.16.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Petroleum Products Loading Fee
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 200 - GENERAL PROVISIONS - PETROLEUM PRODUCTS LOADING FEES › Section 3.16.200.8 - CITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All statutory references in Parts 200 through 205 of Chapter
				  16 are to the New Mexico Statutes Annotated, 1978 (NMSA
				  1978).
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 202 - IMPOSITION AND RATES OF FEES › Section 3.16.202.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 202 - IMPOSITION AND RATES OF FEES › Section 3.16.202.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 202 - IMPOSITION AND RATES OF FEES › Section 3.16.202.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Petroleum Products Loading Fee
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 202 - IMPOSITION AND RATES OF FEES › Section 3.16.202.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of this part:
A. "Indian tribe" means:
(1) an Indian nation, tribe or pueblo,
				including:
(a) any political subdivision,
				agency or department of that Indian nation, tribe or pueblo;
(b) any incorporated or unincorporated
				enterprise of the Indian nation, tribe or pueblo or its political subdivisions,
				agencies or departments; and
(c)
				any corporation required to be considered an Indian and therefore a member of
				the Indian nation, tribe or pueblo under Eastern Navajo Industries, Inc. v.
				Bureau of Revenue, 552 P.2d 805 (N.M. Ct. App. 1976); and
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 202 - IMPOSITION AND RATES OF FEES › Section 3.16.202.8 - INCIDENCE OF FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The duty to report and pay the petroleum products loading fee is imposed on
				these persons at these times:
(1) the
				distributor when it loads the petroleum products from a rack at a refinery or
				pipeline terminal in this state into a cargo tank; or
(2) the person, whether a distributor or not,
				who imports petroleum products into New Mexico for sale or consumption in this
				state at the time of importation.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 202 - IMPOSITION AND RATES OF FEES › Section 3.16.202.9 - PREEMPTION OF TAX BY FEDERAL LAW

Current through Register Vol. 35, No. 13, July 16, 2024
A. When imposition of the fee is prohibited
				by federal law, no petroleum products loading fee applies when a distributor
				who is an Indian tribe loads petroleum products on its own tribe's
				territory.
B. When imposition of
				the fee is prohibited by federal law, no petroleum products loading fee applies
				when a distributor who is an Indian tribe imports petroleum products directly
				onto the tribe's territory without crossing any land within New Mexico that is
				not the tribe's territory.
C. If an
				Indian tribe is a distributor and it either loads petroleum products at any
				place in New Mexico other than on the tribe's territory or imports petroleum
				products into any part of New Mexico other than directly onto the tribe's
				territory, imposition of the petroleum products loading fee is not barred by
				federal law and that distributor must report and pay the fee.
D. Like any other distributor, an Indian
				tribe that is a registered distributor is not liable for reporting and payment
				of the petroleum products loading fee with respect to the loading or
				importation of petroleum products by another distributor. This shall not be
				construed to prohibit the distributor who reports and pays the petroleum
				products loading fee from adjusting the price of the petroleum products it
				sells to other distributors or customers to cover the cost of the fee
				paid.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 203 - EXEMPTIONS › Section 3.16.203.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 203 - EXEMPTIONS › Section 3.16.203.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 203 - EXEMPTIONS › Section 3.16.203.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Petroleum Products Loading Fee
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 203 - EXEMPTIONS › Section 3.16.203.8 - SATISFACTORY PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Satisfactory proof of the export of petroleum product consists of the proof
				required under Section 3.16.4.8 NMAC with respect to gasoline and under Section
				3.16.109.9 NMAC with respect to special fuels.
B. Proof of sale to the United States or any
				agency or instrumentality thereof or a NATO force shall be furnished to the
				department upon request. Proof of sale shall consist of, for sales of gasoline,
				the documentation required under Section 3.16.4.8 NMAC and, for special fuel,
				the documentation required under Section 3.16.109.9 NMAC.
C. Copies of all documents supporting
				deductible sales must be retained for at least three years from the end of the
				calendar year in which the petroleum product was exported from New Mexico for
				resale and consumption outside of New Mexico or was sold to the United
				States.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 203 - EXEMPTIONS › Section 3.16.203.9 - SALES TO OTHER DISTRIBUTORS ARE NOT DEDUCTIBLE

Current through Register Vol. 35, No. 13, July 16, 2024
Petroleum product loaded or imported by a distributor and
				  sold to another distributor may not be deducted from the amount of petroleum
				  product loaded in New Mexico, even though the other distributor is bonded and
				  registered, because the purchasing distributor did not "load" petroleum product
				  within the meaning of the act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 203 - EXEMPTIONS › Section 3.16.203.11 - DEDUCTION - SALES TO A NON-UNITED STATES SIGNATORY OF THE NORTH ATLANTIC TREATY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				For purposes of this section:
(1) "NATO
				signatory" means a nation, other than the United States, that is a contracting
				party to the North Atlantic Treaty;
(2) "NATO force" means any NATO signatory's
				military unit or force or civilian component thereof present in New Mexico in
				accordance with the North Atlantic Treaty; and
(3) "Member of a NATO force" means the
				military and civilian personnel of the NATO force and their
				dependents.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 204 - DEDUCTION - GASOLINE OR OTHER FUELS RETURNED › Section 3.16.204.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 204 - DEDUCTION - GASOLINE OR OTHER FUELS RETURNED › Section 3.16.204.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 204 - DEDUCTION - GASOLINE OR OTHER FUELS RETURNED › Section 3.16.204.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 204 - DEDUCTION - GASOLINE OR OTHER FUELS RETURNED › Section 3.16.204.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Petroleum Products Loading Fee
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 204 - DEDUCTION - GASOLINE OR OTHER FUELS RETURNED › Section 3.16.204.8 - SUBSEQUENT COLLECTION OF UNCOLLECTIBLE ACCOUNTS OR SUBSEQUENT SALE OF RETURNED PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person, who has previously paid the petroleum products
				  loading fee and deducted an amount for gallons of petroleum product which
				  represents an account which has been determined to be uncollectible, shall pay
				  the petroleum products loading fee when the total or any portion of the amount
				  of the uncollectible account is subsequently collected. Any person, who has
				  paid the petroleum products loading fee and deducted an amount for gallons of
				  petroleum product returned by the purchaser, shall be liable for the petroleum
				  products loading fee when the returned product is resold.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 204 - DEDUCTION - GASOLINE OR OTHER FUELS RETURNED › Section 3.16.204.9 - DETERMINING UNCOLLECTIBLE AMOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Amounts deductible as uncollectible shall
				be determined based on the accounting method employed by the person who has
				previously paid the petroleum products loading fee on the gasoline or special
				fuel, the sale of which created a debit to the account receivable maintained
				for that purchaser which was subsequently determined to be uncollectible. For
				purposes of this deduction, the balance of the account determined to be
				uncollectible shall be representative of the most recent sales transaction with
				the purchaser and gallons shall be determined by the source document (sales
				invoice, delivery ticket, etc.) used to post those transactions into the
				accounts receivable. Any payment or other credit to the account shall be
				applied to the oldest debit to that account in determining the balance of the
				uncollectible account.
B. For
				persons using an accrual basis of accounting, the deduction will be allowed for
				only those accounts which have actually been written off the books and records
				as uncollectible. For persons using other than an accrual basis of accounting,
				the deduction will be allowed for only those accounts which have been turned
				over to a third party for further collection activity. The term "turned over to
				a third party for further collection" includes those accounts which have been
				assigned to a collection agency or attorney to pursue the collection of the
				account on behalf of the creditor or those accounts where the creditor has
				pursued collection through a court of law where the creditor received but has
				not collected a judgment against the purchaser.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 205 - FEE RETURNS AND PAYMENTS › Section 3.16.205.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 205 - FEE RETURNS AND PAYMENTS › Section 3.16.205.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 205 - FEE RETURNS AND PAYMENTS › Section 3.16.205.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Petroleum Products Loading Fee
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 205 - FEE RETURNS AND PAYMENTS › Section 3.16.205.8 - PETROLEUM PRODUCTS LOADING FEE RETURN

Current through Register Vol. 35, No. 13, July 16, 2024
The petroleum products loading fee shall be submitted on
				  forms provided or approved by the department and must be signed by the
				  distributor or the distributor's authorized agent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 205 - FEE RETURNS AND PAYMENTS › Section 3.16.205.9 - DETERMINATION OF TIMELINESS

Current through Register Vol. 35, No. 13, July 16, 2024
Determination of timeliness for notices, returns,
				  applications and payments of petroleum products loading fee imposed under the
				  Petroleum Products Loading Fee Act will be made in conformance with the
				  requirements of Section
				  7-1-9
				  NMSA 1978 and regulations thereunder.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 205 - FEE RETURNS AND PAYMENTS › Section 3.16.205.10 - CHANGE OF ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
Persons subject to the provisions of the Petroleum Products
				  Loading Fee Act must inform the department of any change of address. Any notice
				  to such person is presumed to be effective and binding upon that person when it
				  is sent to the last address shown in the department's
				  records.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all fuel distributors and permit or
				  license holders.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
6/15/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Alternative Fuel Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.8 - NON-HIGHWAY USE OF ALTERNATIVE FUEL - TAXABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Receipts from the sale of alternative fuel
				for non-highway use is subject to gross receipts tax, and not the alternative
				fuel excise tax.
B. Alternative
				fuel is sold for non-highway use when it is delivered for use in stationary
				equipment or for residential or commercial heating or cooling
				purposes.
C. Any alternative fuel
				distributor delivering alternative fuel for non-highway use must provide the
				purchaser with either a separate invoice for each such delivery or an invoice
				that separately states the amount and type of each delivery.
D. Section 3.16.300.8 NMAC is applicable to
				sales of alternative fuel on or after January 1, 1996.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.9 - RECORDS REQUIRED TO PROVE SALE TO UNITED STATES, NEW MEXICO OR INDIAN ENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Proof of sale to the United States, the state of New Mexico, an Indian nation,
				tribe or pueblo or any agency or instrumentality thereof shall be furnished to
				the department on request by means of the following:
(1) documentation showing that the purchaser
				was the United States, the state of New Mexico, an Indian nation, tribe or
				pueblo or any agency or instrumentality thereof;
(2) a purchase order issued by the United
				States, the state of New Mexico, an Indian nation, tribe, or pueblo or any
				agency or instrumentality thereof; or
(3) an invoice showing that the alternative
				fuel was charged to the United States, the state of New Mexico, an Indian
				nation, tribe or pueblo or any agency or instrumentality thereof.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 300 - ALTERNATIVE FUELS - EXCLUSIONS, EXEMPTIONS AND DEDUCTIONS › Section 3.16.300.10 - RECORDS REQUIRED TO PROVE COMPLIANCE - ALTERNATIVE FUEL

Current through Register Vol. 35, No. 13, July 16, 2024
Distributors shall indicate the alternative fuel user's
				  permit number on all documents used to support deduction of alternative fuel
				  distributed to persons holding a valid permit under Section
				  7-16B-7
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 302 - ALTERNATIVE FUELS - REGISTRATION, LICENSES AND PERMITS › Section 3.16.302.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 302 - ALTERNATIVE FUELS - REGISTRATION, LICENSES AND PERMITS › Section 3.16.302.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 302 - ALTERNATIVE FUELS - REGISTRATION, LICENSES AND PERMITS › Section 3.16.302.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
6/15/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 302 - ALTERNATIVE FUELS - REGISTRATION, LICENSES AND PERMITS › Section 3.16.302.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Alternative Fuel Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 302 - ALTERNATIVE FUELS - REGISTRATION, LICENSES AND PERMITS › Section 3.16.302.8 - ALTERNATIVE FUEL USER PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
An alternative fuel user permit issued by the department
				  under the provisions of Section
				  7-16B-7
				  NMSA 1978 shall apply only to the vehicle described in the application for the
				  permit. The permit is not transferable to another vehicle or to another
				  person.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 16 - MOTOR VEHICLE FUEL TAXES › Part 302 - ALTERNATIVE FUELS - REGISTRATION, LICENSES AND PERMITS › Section 3.16.302.9 - ALTERNATIVE FUEL DISTRIBUTOR LICENSE REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Each person applying for an alternative fuel distributor
				  license shall establish to the satisfaction of the department that they are
				  registered with the department for combined reporting of gross receipts,
				  compensating and withholding tax.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 1 - GENERAL PROVISIONS › Section 3.18.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 1 - GENERAL PROVISIONS › Section 3.18.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons severing or engaging in the
				  business of severing oil, natural gas, liquid hydrocarbons other than oil and
				  carbon dioxide, to all persons having an interest in the products severed, to
				  all persons operating oil, natural gas or carbon dioxide leases and to all
				  persons affiliated with such persons.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 1 - GENERAL PROVISIONS › Section 3.18.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 1 - GENERAL PROVISIONS › Section 3.18.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
11/15/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 1 - GENERAL PROVISIONS › Section 3.18.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Oil and Gas Severance Tax Act, the
				  Oil and Gas Conservation Tax Act, the Oil and Gas Emergency School Tax Act and
				  the Oil and Gas Ad Valorem Production Tax Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 1 - GENERAL PROVISIONS › Section 3.18.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
ACTUAL
				PRICE:
"Actual price" means the money or other consideration received or
				accrued for the product undiminished by adjustments except as provided in
				Sections 3.18.6.8 through 3.18.6.10 NMAC. Actual price includes all receipts,
				whether the receipt is characterized as a payment for the product, a
				reimbursement for tax or other expense, a price adjustment pursuant to Sections
				7-29-4.2,
				7-30-6,
				7-31-6,
				and
				7-32-6
				NMSA 1978, or a payment or reimbursement for services such as sweetening,
				dehydration, measurement, compression or gathering. Receipts from take-or-pay
				contracts or negotiated contract settlements become part of the actual price to
				the extent that such receipts are consideration received for product severed
				and sold. "Actual price" also includes insurance proceeds received for stolen
				product.
B.
"ARM'S-LENGTH" -
				AFFILIATED PERSONS:
(1) "Arm's-length"
				means a transaction, contract or agreement that has been arrived at in the
				marketplace between independent, nonaffiliated persons with opposing economic
				interests regarding that transaction, contract or agreement.
(2) Two persons are affiliated if one of the
				persons either directly or indirectly through one or more intermediaries
				controls, is controlled by or is under common control with the other person.
				Based on the ownership of the voting securities of a person or based on other
				forms of ownership:
(a) ownership in excess of
				fifty percent constitutes control;
(b) ownership of 10 through 50 percent
				creates a presumption of control; and
(c) ownership of less than ten percent
				creates a presumption of noncontrol which the department may rebut if it
				demonstrates actual or legal control, including the existence of interlocking
				directorates.
(3) Two
				natural persons are affiliated if related by blood to the third degree or by
				marriage. Transactions between relatives are not transactions under
				arm's-length contracts.
(4) To be
				considered arm's-length for any production month, a contract must meet the
				requirements of Subsection 3.18.1.7B NMAC for that production month as well as
				when the contract was executed. Two persons are affiliated for any production
				month if they are affiliated for any part of that month.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons severing or engaging in the
				  business of severing oil, natural gas, liquid hydrocarbons other than oil and
				  carbon dioxide, to all persons having an interest in the products severed, to
				  all persons operating oil, natural gas or carbon dioxide leases and to all
				  persons affiliated with such persons.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/29/00, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of Articles 29 through 32 of Chapter 7
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.8 - PRODUCTION RESTORATION TAX INCENTIVE EXEMPTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
To qualify a well for the production restoration incentive
				  tax exemption, the oil conservation division of the energy, minerals and
				  natural resources department must certify both the process used to restore the
				  well to production and that the well produced for thirty or fewer days within a
				  24-month period beginning on or after January 1, 1993. To obtain the exemption,
				  the person responsible for paying the oil and gas severance tax must apply on
				  form RPD 41170, completed in accordance with instructions of the department.
				  Application for the exemption must be made within 6 months after the date the
				  oil conservation division certifies that production has been
				  restored.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 3 - IMPOSITION OF TAX - RATES › Section 3.18.3.9 - WELL WORKOVER INCENTIVE TAX RATE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Laws 1999, Chapter 256 amended the
				provisions of Sections
				7-29B-2 and
				7-29B-3
				NMSA 1978, effective June 18, 1999. The first returns due after that date are
				the returns for May 1999. Consequently the changes made by Laws 1999, Chapter
				256 apply only to the May 1999 and subsequent production months.
B. Any application, or an amendment to any
				application, for the well workover incentive tax rate for any production period
				prior to May 1999 must be filed in accordance with the provisions of the Oil
				and Gas Severance Tax Act and the Natural Gas and Crude Oil Production
				Incentive Act in effect on June 17, 1999. The information required by Paragraph
				7-29B-3
				B(3) NMSA 1978, as that section was in effect on June 17, 1999, must accompany
				the application.
C. To obtain the
				well workover incentive tax rate, the person responsible for paying the oil and
				gas severance tax must apply for it on form RPD 41171, completed in accordance
				with instructions of the department. Application must be made within 6 months
				after the date the oil conservation division certifies that the project has
				been completed.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons severing or engaging in the
				  business of severing oil, natural gas, liquid hydrocarbons other than oil and
				  carbon dioxide, to all persons having an interest in the products severed, to
				  all persons operating oil, natural gas or carbon dioxide leases and to all
				  persons affiliated with such persons.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-11-6.2
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
11/15/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Oil and Gas Severance Tax Act, the
				  Oil and Gas Conservation Tax Act, the Oil and Gas Emergency School Tax Act and
				  the Oil and Gas Ad Valorem Production Tax Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Definition of "sold": A product is sold when it is delivered,
				  for a consideration, to another party.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 4 - TAXES IMPOSED AND LEVIED › Section 3.18.4.8 - TAX DUE FROM REDUCTION OF ROYALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When an agency of the United States of
				America, the state or New Mexico or any Indian nation, tribe or pueblo, a
				member of an Indian nation, tribe or pueblo who is a ward of the United States
				or any court approves a royalty reduction on products previously reported, the
				reduction in royalty shall be reported no later than the twenty-fifth day of
				the second month following the month in which approval was granted. The tax due
				New Mexico as a result of the reduction in royalty shall be computed by
				applying to the reduction the appropriate rates of the oil and gas severance,
				the oil and gas emergency school, the oil and gas conservation and the oil and
				gas ad valorem production taxes in effect for the month in which the product
				was severed. The tax due shall accompany or precede the return.
B. Section 3.18.4.9 NMAC is retroactively
				applicable to orders issued on or after July 1, 1997.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 18 - OIL AND GAS TAXES (SEVERANCE TAX) › Part 5 - METHOD OF DETERMINING VALUE › Section 3.18.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630