New Mexico Administrative Code › Title 3 - TAXATION › Chapter 2 - GROSS RECEIPTS TAXES › Part 247 - DEDUCTION - GROSS RECEIPTS TAX - SOLAR ENERGY SYSTEMS › Section 3.2.247.9 - GOOD FAITH ACCEPTANCE OF BUYER'S WRITTEN STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a seller accepts in good faith a
				person's written statement that the person is purchasing the service or
				equipment for the sole use of the sale and installation of a solar energy
				system pursuant to Section
				7-9-112
				NMSA 1978, the written statement shall be conclusive evidence that the proceeds
				from the transaction with the person having made this statement are deductible
				from the seller's gross receipts.
B. Example 1: X is installing a non-vented
				trombe wall in his home. Y sells adobe blocks to X for the trombe wall. X gives
				Y the proper written statement that the block is for the sole use of installing
				a solar energy system. X may deduct the gross receipts received from the sale
				of the adobe blocks.
C. Example 2:
				Same facts as example 1, but some of the adobe blocks being purchased from Y
				are to be used for the construction of a block wall around the perimeter of X's
				property. X is not using the adobe blocks solely to construct a non-vented
				trombe wall in his home. X gives Y the proper written statement that the block
				is for the sole use of installing a solar energy system. Y accepts the
				statement in good faith and may deduct the gross receipts received from the
				sale of the block. Because X is not using the block for the sole use of
				installing a solar energy system, X will be liable for the compensating tax on
				the value of the block and may be liable for making false statements.
D. Example 3: C buys a tractor from E, to
				haul materials used to construct a non-vented trombe wall in his personal
				residence. The equipment is not is an essential machine, mechanism, or a
				component or fitting thereof, used directly and exclusively in the installation
				or operation of a solar energy system and is not includable in the basis of the
				solar energy system to which the equipment is installed under the provisions of
				the Internal Revenue Code of 1986; E may not take the deduction.
E. Example 4: S is a contractor who performs
				construction services which includes the sale and installation of solar energy
				systems. S purchases materials and services from T. S may provide T with a
				buyers written statement pursuant to 3.2.247.8 NMAC. T cannot substantiate the
				deduction for the solar energy system materials and installation services with
				a nontaxable transaction certificate for the sale of construction materials
				that will become ingredients or components of a construction project pursuant
				to Section
				7-9-51
				NMSA 1978, or for construction services performed on a construction project
				pursuant to
				7-9-52
				NMSA 1978, because the next sale is not subject to gross receipts tax upon
				completion of the construction project.
F. Example 5: Same facts as example 4. When S
				sells the completed construction project to home owner H, S may deduct the
				materials and installation costs of the solar energy system pursuant to Section
				7-9-112
				NMSA 1978, with sufficient documentation to include the written statement
				pursuant to 3.2.247.8 NMAC, or other evidence acceptable to the department that
				the service or equipment is sold for the sole use of the sale and installation
				of a qualified energy system.