reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 117 - EXEMPTION - GROSS RECEIPTS TAX - CERTAIN ORGANIZATIONS › Section 3.2.117.10 - RECEIPTS OF 501(c)(6) ORGANIZATIONS - EXAMPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Some examples of receipts of 501(c)(6)
				organizations from "carrying on chamber of commerce, visitor bureau and
				convention bureau functions" are:
(1)
				Receipts from sales of audio or video materials promoting the local
				area.
(2) Receipts from admission
				fees to business seminars sponsored by the 501(c)(6) organization either by
				itself or in cooperation with other entities.
(3) Receipts of the 501(c)(6) organization
				from fund-raising events.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 117 - EXEMPTION - GROSS RECEIPTS TAX - CERTAIN ORGANIZATIONS › Section 3.2.117.11 - SINGLE MEMBER LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS A 501(c)(3) ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				single member limited liability company (llc) whose sole member is a 501(c)(3)
				organization will be treated like a 501(c)(3) organization and receive the same
				treatment for purposes of Section
				7-9-29
				NMSA 1978 so long as the llc is recognized by the internal revenue service as a
				disregarded entity for federal income tax purposes.
B. Any receipts of an llc described in
				Subsection A above that are derived from an unrelated trade or business as
				defined in Section 513 of the Internal Revenue Code of 1986, as amended or
				renumbered, are not exempt from gross receipts tax under Subsection A of
				Section
				7-9-29
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 118 - EXEMPTION - COMPENSATING TAX - RAILROAD EQUIPMENT AND AIRCRAFT › Section 3.2.118.1 - 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 2 - GROSS RECEIPTS TAXES › Part 118 - EXEMPTION - COMPENSATING TAX - RAILROAD EQUIPMENT AND AIRCRAFT › Section 3.2.118.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to railroads and other persons using
				  railroad equipment in railroad transportation and to airlines and other person
				  using aircraft in interstate transportation.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 118 - EXEMPTION - COMPENSATING TAX - RAILROAD EQUIPMENT AND AIRCRAFT › Section 3.2.118.3 - 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 2 - GROSS RECEIPTS TAXES › Part 118 - EXEMPTION - COMPENSATING TAX - RAILROAD EQUIPMENT AND AIRCRAFT › Section 3.2.118.5 - 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 2 - GROSS RECEIPTS TAXES › Part 118 - EXEMPTION - COMPENSATING TAX - RAILROAD EQUIPMENT AND AIRCRAFT › Section 3.2.118.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 118 - EXEMPTION - COMPENSATING TAX - RAILROAD EQUIPMENT AND AIRCRAFT › Section 3.2.118.7 - RAILROAD DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
A "railroad" is an enterprise created and operated to carry
				  on a fixed track passengers and freight, or passengers or freight, for rates or
				  tolls, without discrimination as to those who demand
				  transportation.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.1 - 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 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons engaging in business in New
				  Mexico on federal reservations and to all instrumentalities of the U.S. armed
				  forces engaged in retail activities.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.3 - 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 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.5 - 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 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[Reserved.]
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 119 - EXEMPTION - GROSS RECEIPTS TAX AND COMPENSATING TAX - RESALE ACTIVITIES OF AN ARMED FORCES INSTRUMENTALITY › Section 3.2.119.8 - CONCESSIONAIRES ON FEDERAL AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
The receipts of and the use of property by concessionaires
				  and others, who are carrying on activities within a military or other federal
				  area, which is within the boundaries of New Mexico, except agencies or
				  instrumentalities of the federal government (such as instrumentalities of the
				  armed forces of the United States engaged in resale activities), are subject to
				  the gross receipts and compensating tax.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.1 - 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 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to each person who has receipts from the
				  sale of products the severance of which is subject to the Oil and Gas Emergency
				  School Tax Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.3 - 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 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.5 - 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 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[Reserved.]
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.8 - FUEL IN THE OPERATION OF A "PRODUCTION UNIT"

Current through Register Vol. 35, No. 13, July 16, 2024
Receipts from the sale of oil, natural gas or liquid
				  hydrocarbon, individually or any combination thereof, including butane and
				  propane, when such products are used as fuel in the operation of a "production
				  unit" as defined in Section
				  7-31-2 NMSA 1978 of
				  the Oil and Gas Emergency School Tax Act are subject to the gross receipts tax.
				  Only the value of the oil, natural gas or liquid hydrocarbon, individually or
				  any combination thereof, produced on a "production unit" and used as fuel on
				  the same "production unit" is exempt from provisions of the Gross Receipts and
				  Compensating Tax Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 121 - EXEMPTION - GROSS RECEIPTS TAX - PRODUCTS SUBJECT TO OIL AND GAS EMERGENCY SCHOOL TAX ACT › Section 3.2.121.9 - WHICH RECEIPTS ARE EXEMPT AND WHICH ARE TAXABLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be exempt under Subsection A of Section
				7-9-33
				NMSA 1978, receipts are required to be from the sale of product for resale in
				the ordinary course of business, for consumption out of state or for use as an
				ingredient or component part of a manufactured product. Receipts from the sale
				of product for any other purpose are not exempt under Subsection A of Section
				7-9-33
				NMSA 1978.
B. Examples:
(1) A producer sells product to a public
				utility who uses the product in New Mexico to produce electricity. The product
				does not become an ingredient or component part of the electricity produced.
				Therefore the producer's receipts from the sale are not exempt from the gross
				receipts tax under Subsection A of Section
				7-9-33
				NMSA 1978. Unless some other exemption or deduction applies, the receipts from
				the sale are subject to gross receipts tax as well as to the emergency school
				tax.
(2) A producer sells product
				to a broker who, in turn, sells the product to a public utility who uses the
				product in New Mexico to produce electricity. The product does not become an
				ingredient or component part of the electricity produced. Because the sale by
				the producer to the broker is a sale for re-sale in the ordinary course of
				business, the producer's receipts from the transaction are exempt from gross
				receipts. The broker's sale of the product to the public utility, however, are
				not exempt from the gross receipts tax under Subsection A of Section
				7-9-33
				NMSA 1978. Unless some other exemption or deduction applies, the broker's
				receipts from the sale to the public utility are subject to gross receipts tax
				even though the producer was subject to the emergency school tax on the
				product.
(3) A producer sells
				natural gas to a chemical company which incorporates the gas into chemical
				fertilizer that it manufactures. The producer's receipts from this sale are
				exempt under Subsection A of Section
				7-9-33
				NMSA 1978.
(4) A producer sells
				natural gas to an out-of-state public utility that transports the gas
				out-of-state for sale to its out-of-state customers for consumption or other
				use outside New Mexico. The producer's receipts from the sale are exempt from
				gross receipts under Subsection A of Section
				7-9-33
				NMSA 1978.
(5) A producer sells oil
				to an in-state refinery that refines the oil into gasoline and other products.
				The oil is used as an ingredient of manufactured products and, therefore, the
				producer's receipts from the sale are exempt from gross receipts under
				Subsection A of Section
				7-9-33
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.1 - 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 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to each person having receipts from the
				  sale or processing of natural resources the sales or processing of which are
				  subject to the Natural Resources Excise Tax Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.3 - 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 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.5 - 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 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.8 - RECEIPTS NOT EXEMPT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The receipts from any sale of natural resources made to the final consumer are
				not exempt under the provisions of Section
				7-9-35
				NMSA 1978. The receipts from certain types of transactions may qualify for
				specific deductions allowed under the provisions of the Gross Receipts and
				Compensating Tax Act in which instance the seller must report and deduct such
				receipts on a CRS-1 Combined Report Form. Only those receipts from sales for
				subsequent resale in the ordinary course of business and from sales for use as
				an ingredient or component part of a manufactured product are exempt under
				Section
				7-9-35
				NMSA 1978 and not required to be reported on a CRS-1 Combined Report
				Form.
B. Example: T Co. mines
				turquoise; it sells some of its turquoise in its turquoise shop at the mine
				site and sells the remainder to a jewelry manufacturer, who delivers a
				nontaxable transaction certificate pursuant to Section
				7-9-46
				NMSA 1978, or who delivers a written statement pursuant to Section
				7-9-74
				NMSA 1978, that the turquoise purchased will be used in manufacturing jewelry.
				Even though the T Co. is required to pay the resources excise tax under Section
				7-25-8
				NMSA 1978, the receipts from the turquoise sold in the shop are subject to
				gross receipts tax, because the sale is not a sale for subsequent sale in the
				ordinary course of business or for use as an ingredient or component part of a
				manufactured product. However the receipts from the sale to the jewelry
				manufacturer are not subject to the gross receipts tax unless pursuant to
				Section
				7-9-74
				NMSA 1978, supra, sales to the jewelry manufacturer exceed $1,000 during a
				twelve-month period.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT › Section 3.2.123.9 - CLEARING LAND FOR MINING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Leveling or clearing land, including the removal of trees,
				  brush and the overburden in order to prepare the land for mining operations, is
				  "construction" under Section
				  7-9-3 NMSA 1978, and
				  subject to the gross receipts tax. Such activity is not severing or processing
				  pursuant to Section
				  7-9-35
				  NMSA 1978 and, therefore, is not exempt from the gross receipts
				  tax.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.1 - 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 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to each person selling oil and gas products
				  or transporting oil and gas products by pipeline.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.3 - 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 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.5 - 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 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[Reserved.]
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 124 - EXEMPTION - GROSS RECEIPTS TAX - OIL AND GAS CONSUMED IN THE PIPELINE TRANSPORTATION OF OIL AND GAS PRODUCTS › Section 3.2.124.8 - FUEL CONSUMED IN THE OPERATION OF A "PRODUCTION UNIT"

Current through Register Vol. 35, No. 13, July 16, 2024
Receipts from the sale of oil, natural gas, liquid
				  hydrocarbon or any combination of these products, including butane and propane,
				  when these products are consumed as fuel in the operation of a "production
				  unit" to lift oil, natural gas, liquid hydrocarbon or any combination thereof
				  from its underground location to the surface, is not the sale of these products
				  to be consumed as fuel in the pipeline transportation of these products.
				  Therefore, receipts from the sale of these products are not exempt from the
				  gross receipts tax pursuant to Section
				  7-9-36
				  NMSA 1978. In addition, the use of these products is not exempt from the
				  compensating tax under Section
				  7-9-37
				  NMSA 1978. However, the use of these products on the "production unit" on which
				  they were produced is exempt from the provisions of the Gross Receipts and
				  Compensating Tax Act pursuant to Section
				  7-9-33
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 126 - EXEMPTION - COMPENSATING TAX - USE OF ELECTRICITY IN THE PRODUCTION AND TRANSMISSION OF ELECTRICITY › Section 3.2.126.1 - 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 2 - GROSS RECEIPTS TAXES › Part 126 - EXEMPTION - COMPENSATING TAX - USE OF ELECTRICITY IN THE PRODUCTION AND TRANSMISSION OF ELECTRICITY › Section 3.2.126.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to each person selling or transmitting
				  electricity.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 126 - EXEMPTION - COMPENSATING TAX - USE OF ELECTRICITY IN THE PRODUCTION AND TRANSMISSION OF ELECTRICITY › Section 3.2.126.3 - 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 2 - GROSS RECEIPTS TAXES › Part 126 - EXEMPTION - COMPENSATING TAX - USE OF ELECTRICITY IN THE PRODUCTION AND TRANSMISSION OF ELECTRICITY › Section 3.2.126.5 - 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 2 - GROSS RECEIPTS TAXES › Part 126 - EXEMPTION - COMPENSATING TAX - USE OF ELECTRICITY IN THE PRODUCTION AND TRANSMISSION OF ELECTRICITY › Section 3.2.126.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 126 - EXEMPTION - COMPENSATING TAX - USE OF ELECTRICITY IN THE PRODUCTION AND TRANSMISSION OF ELECTRICITY › Section 3.2.126.8 - USE OF ELECTRICITY IN PRODUCTION AND TRANSMISSION OF ELECTRICITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Electricity used
				directly in the operation of a generating plant of an electric utility in New
				Mexico and electricity used directly in the operation of transmission
				facilities of an electric utility in New Mexico is used in the production and
				transmission of electricity pursuant to Section
				7-9-38
				NMSA 1978 and is, therefore, exempted from the compensating tax.
B. Electricity used in the operation of
				offices, warehouses, or any facility of an electric utility in New Mexico other
				than directly in a generating plant or transmission facility is not used in the
				production or transmission of electricity within the meaning of Section
				7-9-38
				NMSA 1978 and the value of such electricity is, therefore, subject to the
				compensating tax.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.1 - 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 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.3 - 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 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.5 - 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 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.8 - RECEIPTS DERIVED FROM ASSESSMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The receipts of a nonprofit social or fraternal organization
				  from assessments made to its members when members who are assessed receive
				  blazers, emblems, or services of more than nominal value upon payment of the
				  assessments are subject to the gross receipts tax. These receipts are not
				  exempted from the gross receipts tax pursuant to Section
				  7-9-39
				  NMSA 1978 because they are not receipts derived from either "dues" or
				  "registration fees".
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.9 - OTHER ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The receipts of organizations other than the type of
				  organizations specifically referred to in Section
				  7-9-39
				  NMSA 1978 from "dues" and "registration fees" are not exempt from the gross
				  receipts tax pursuant to Section
				  7-9-39
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.10 - GENERAL EXAMPLES - REGISTRATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Example 1: The XYZ Association holds a
				convention once each year. The registration fee is $10.00 per person. This
				registration fee is exempt.
B.
Example 2:
The D Club, a corporation not organized for profit,
				has an annual deer hunt on property which it owns. For a fee of $300 a member
				is allowed to hunt on the ranch for one week. The club refuses to pay gross
				receipts tax on these receipts on the theory that the receipts are in fact
				dues. These receipts are not dues. The term "dues" refers to amounts which a
				member of an organization pays at recurring intervals for the general
				maintenance and upkeep of an organization. The fee is not a registration fee
				because a deer hunt is not similar to a convention. Furthermore, the D Club is
				not a nonprofit social, fraternal, political, trade, labor or professional
				organization, nor a business league, therefore, the receipts from the annual
				hunt are subject to the gross receipts tax.
C. Example 3: The W Association, an
				association not organized for profit, is formed to supply water for
				non-irrigational purposes to the members of the association. A $200 initial fee
				is levied upon each new member. The fee is used to pay for the installation of
				service to the member's property and to apply to the debt owed on the existing
				equipment. Each month thereafter, the association levies a $5.00 charge on each
				member. The association maintains that the initial fee is a registration fee,
				the monthly charges membership dues, and therefore neither are subject to the
				gross receipts tax under Section
				7-9-39
				NMSA 1978. All receipts of the association are used for the purpose of
				providing services to the members. They are not dues or registration fees.
				Moreover, the association is not a nonprofit social, fraternal, political,
				trade, labor or professional organization, nor a business league. The receipts
				of the association are subject to gross receipts tax.
D. Example 4: Z is a food club organized to
				provide lower prices for its members through high volume and direct purchasing.
				It is not organized for profit. Each member pays $20.00 a year to cover the
				cost of administration. These receipts, though being members' dues, are subject
				to tax because Z is not a nonprofit social, fraternal, political, trade, labor
				or professional organization, nor a business league. Receipts from the food
				purchases of the members are also subject to the gross receipts tax.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.11 - RENTAL OF ROOMS IN A ROOMING HOUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Receipts from rental of rooms in a rooming house, even though
				  denominated as "dues and registration fees" by nonprofit, social, fraternal,
				  political, trade, business, labor or professional organizations are subject to
				  the gross receipts tax. Such receipts, no matter how denominated, are not dues
				  and registration fees as used in Section
				  7-9-39
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 127 - EXEMPTION - GROSS RECEIPTS TAX - FEES FROM SOCIAL ORGANIZATIONS › Section 3.2.127.12 - CIVIC ORGANIZATIONS ARE "SOCIAL" ORGANIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Civic leagues, civic organizations and social welfare
				  organizations that have been determined by the commissioner of internal revenue
				  to be organizations described by Section 501(c)(4) of the Internal Revenue Code
				  are "social" organizations for the purposes of Section
				  7-9-39
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.1 - 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 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to horsemen, jockeys, trainers of horses
				  and racetracks.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.3 - 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 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.5 - 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 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 128 - EXEMPTION - GROSS RECEIPTS TAX - PURSES AND JOCKEY REMUNERATION AT NEW MEXICO RACETRACKS - RECEIPTS FROM GROSS AMOUNTS WAGERED › Section 3.2.128.7 - HORSEMEN DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
The term "horsemen" as used in Section
				  7-9-40
				  NMSA 1978 means the owners of race horses that win purse money in races held at
				  New Mexico horse racetracks.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 129 - EXEMPTION - GROSS RECEIPTS TAX - RELIGIOUS ACTIVITIES › Section 3.2.129.1 - 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 2 - GROSS RECEIPTS TAXES › Part 129 - EXEMPTION - GROSS RECEIPTS TAX - RELIGIOUS ACTIVITIES › Section 3.2.129.3 - 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 2 - GROSS RECEIPTS TAXES › Part 129 - EXEMPTION - GROSS RECEIPTS TAX - RELIGIOUS ACTIVITIES › Section 3.2.129.5 - 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 2 - GROSS RECEIPTS TAXES › Part 129 - EXEMPTION - GROSS RECEIPTS TAX - RELIGIOUS ACTIVITIES › Section 3.2.129.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 129 - EXEMPTION - GROSS RECEIPTS TAX - RELIGIOUS ACTIVITIES › Section 3.2.129.7 - MINISTER DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
"Minister" within the meaning of Section
				  7-9-41
				  NMSA 1978 shall be construed to include priests, rabbis, christian science
				  practitioners, bishops in the church of Jesus Christ of the latter day saints
				  and other persons who perform services of a similar nature for, and as an
				  integral part of the activities of, a religious organization granted exemption
				  under Section 501(c)(3) of the United States Internal Revenue Code of 1954 or
				  Section 501(c)(3) of the Internal Revenue Code of 1986, as amended or
				  renumbered.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 200 - LOCAL OPTION TAXES › Section 3.2.200.1 - 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 2 - GROSS RECEIPTS TAXES › Part 200 - LOCAL OPTION TAXES › Section 3.2.200.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
1/31/97, 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 2 - GROSS RECEIPTS TAXES › Part 200 - LOCAL OPTION TAXES › Section 3.2.200.6 - 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 local option gross receipts
				  taxes.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 200 - LOCAL OPTION TAXES › Section 3.2.200.8 - FEDERAL PREEMPTION OF LOCAL TAXES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section 602 of the Federal
				Telecommunications Act of 1996 preempts the imposition of any local option
				gross receipts tax upon the gross receipts of a provider of direct satellite
				service from providing direct satellite service. Accordingly, no portion of any
				local option tax may be imposed on such services. Only the state tax imposed by
				Section
				7-9-4
				NMSA 1978 is due with respect to receipts from providing these
				services.
B. Because imposition of
				all local option taxes is prohibited, the credit provided in Section
				7-9-82 NMSA 1978 does
				not apply against the state tax due on receipts from providing direct satellite
				services.
C. The term "direct
				satellite service" means "direct-to-home satellite service" as defined by
				Section 602 of the Telecommunications Act of 1996.
D. This section applies to direct-to-home
				satellite services provided on or after February 8, 1996.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1150 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  97504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to each person engaging in business in New
				  Mexico.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.3 - 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 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
3/15/96, 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 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.6 - 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 Gross Receipts and Compensating Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[Reserved.]
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.8 - POSSESSION AND DELIVERY OF NONTAXABLE TRANSACTION CERTIFICATES - TYPES OF CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				With respect to receipts and transactions deductible under the Gross Receipts
				and Compensating Tax Act:
(1) The taxpayer
				should be in possession of all nontaxable transaction certificates (nttcs) at
				the time the deductible transaction occurs.
(2) The taxpayer must be in possession of and
				have available for inspection all nttcs for the period of an audit within 60
				days of notice by the department requiring such possession. This notice may be
				sent out or delivered no earlier than the commencement of an audit of the
				taxpayer claiming the deduction.
(3) An nttc acquired by the taxpayer after
				the 60 days following notice have expired will not be honored by the department
				for the period covered by the audit.
(4) An nttc executed using the department's
				online system, and that is recorded on the online system, will be considered to
				be in the possession of the taxpayer to whom the nttc has been
				executed.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 201 - NONTAXABLE TRANSACTION CERTIFICATES, FARMERS' AND RANCHERS' STATEMENTS AND OTHER EVIDENCE REQUIRED TO ENTITLE PERSONS TO DEDUCTIONS › Section 3.2.201.9 - APPLICATION FOR AND USE OF NONTAXABLE TRANSACTION CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided in Section
				  3.2.201.17
				  NMAC, registration and identification of buyers or lessees who, by reason of
				  their status or the nature of use of the property or service purchased or
				  leased by them, would entitle the vendor or lessor to a deduction from gross
				  receipts with respect to receipts from the purchases or leases of some kind of
				  property or service, and application for department-issued nontaxable
				  transaction certificates (nttcs) is accomplished in the following
				  manner:
A. The buyer or lessee
				registers with the department for gross receipts tax purposes.
B. The buyer or lessee submits to the
				department a completed application form indicating the type and quantity of
				nttc forms required.
C. The
				department, upon receipt and approval of this application form, will issue the
				buyer or lessee serially numbered nttc forms.
D. After completion of the information
				required on the nttc and after proper signature, the buyer or lessee executes
				the original certificate to the seller or lessor and retains one copy for the
				buyer's or lessee's records. For all subsequent transactions with that seller
				or lessor, the buyer or lessee is responsible for informing the seller whenever
				a particular transaction is not covered by the nttc.
E. When a seller or lessor accepts a nttc
				form, other than the type the seller or lessor is required to possess to
				sustain the deduction which the seller or lessor is claiming, the deduction
				shall not be allowed.
F. Except as
				provided in Section 3.2.201.17 NMAC, only buyers or lessees who have applied
				for and have been issued nttcs by the department may execute nttcs. An nttc
				must be executed on the serially numbered form specifically issued to the buyer
				or lessee by the department. The department may require a person to whom the
				department has issued nttcs to account for all nttc forms issued to that
				person. nttcs may not be executed by anyone other than the person to whom the
				department has issued these certificates.
G. The buyer or lessee who has an excess of
				unexecuted nttc forms is required to return them to the department. Upon
				termination of business, the firm must return all unexecuted nttcs to the
				department. The department may seize excess unexecuted nttcs which are in the
				possession of a taxpayer.