51,436 sections across 3,184 New Mexico regulatory chapters.
R.3.2.304-3.2.304.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.304-3.2.304.4 DURATION
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Permanent.
R.3.2.304-3.2.304.5 EFFECTIVE DATE
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September 24, 2024, unless a later date is cited at the end of a section, in which case the later date is the effective date.
R.3.2.304-3.2.304.6 OBJECTIVE
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The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Gross Receipts and Compensating Tax Act.
R.3.2.304-3.2.304.7 DEFINITIONS
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Taxable Period: A "taxable period" for the purposes of Section 7-9-121 NMSA 1978 is one month. The month starts on the first day of a calendar month and ends on the last day of that calendar month.
R.3.2.304-3.2.304.8 CLAIMING
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A. The credit pursuant to Section 7-9-58.1 NMSA 1978, shall be claimed on the gross receipts tax return for the month that the qualifying transaction occurred. Taxpayers who have been authorized to report and pay gross receipts taxes at an interval other than monthly pursuant to …
R.3.2.4-3.2.4.1 ISSUING AGENCY
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Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630
R.3.2.4-3.2.4.10 FEDERAL PREEMPTION AND STATE EXEMPTION - CREDIT UNIONS
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A. 12 U.S.C. 1768 exempts federal credit unions from state taxation, other than property taxation. Accordingly, the receipts of federal credit unions are exempt from the gross receipts tax. B. Section 58-11-61 NMSA 1978 exempts from state taxation credit unions organized under or…
R.3.2.4-3.2.4.11 FEDERAL PREEMPTION - JOB CORPS CONTRACTORS
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29 U.S.C. 1707(c) prohibits states and their subdivisions from imposing gross receipts taxes on receipts of Job Corps contractors from operating any Job Corps center, program or activity. Accordingly the receipts of Job Corps contractors from operating a Job Corps center, program…
R.3.2.4-3.2.4.2 SCOPE
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This part applies to all persons engaging in business in New Mexico.
R.3.2.4-3.2.4.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.4-3.2.4.4 DURATION
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Permanent.
R.3.2.4-3.2.4.5 EFFECTIVE DATE
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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.
R.3.2.4-3.2.4.6 OBJECTIVE
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The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Gross Receipts and Compensating Tax Act.
R.3.2.4-3.2.4.7 DEFINITIONS
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For the purposes of Section 3.2.4.9 NMAC: A. "Indian tribe" means an Indian nation, tribe or pueblo, including: (1) any political subdivision, agency or department of that Indian nation, tribe or pueblo; (2) any incorporated or unincorporated enterprise of the Indian nation, trib…
R.3.2.4-3.2.4.8 WHO IS THE TAXPAYER
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The gross receipts tax is imposed on persons engaging in business in New Mexico. Such persons are solely liable for payment of the tax; they are not "collectors" on behalf of the state.
R.3.2.4-3.2.4.9 FEDERAL PREEMPTION - TRANSACTIONS WITH INDIAN TRIBES
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A. Imposition barred by federal law - sale in Indian country of tangible personal property to a tribe or tribal member - general (1) Except for receipts of a public utility from selling electricity, natural gas or water, receipts from selling tangible personal property to an Indi…
R.3.2.5-3.2.5.1 ISSUING AGENCY
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Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630
R.3.2.5-3.2.5.2 SCOPE
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This part applies to all persons engaging in business in New Mexico.
R.3.2.5-3.2.5.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.5-3.2.5.4 DURATION
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Permanent.
R.3.2.5-3.2.5.5 EFFECTIVE DATE
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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.
R.3.2.5-3.2.5.6 OBJECTIVE
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The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Gross Receipts and Compensating Tax Act.
R.3.2.5-3.2.5.7 DEFINITIONS
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[Reserved.]
R.3.2.5-3.2.5.8 PERSONS NOT REQUIRED TO REGISTER WITH THE DEPARTMENT
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A. A person engaging in business must register with the department to report gross receipts unless that person is clearly engaged solely in an activity the receipts from which are exempt as provided in Sections 7-9-13 through 7-9-42 NMSA 1978 or other law. Even though a person's …
R.3.2.6-3.2.6.1 ISSUING AGENCY
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Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630
R.3.2.6-3.2.6.2 SCOPE
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This part applies to each person engaging in business in New Mexico.
R.3.2.6-3.2.6.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.6-3.2.6.4 DURATION
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Permanent.
R.3.2.6-3.2.6.5 EFFECTIVE DATE
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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.
R.3.2.6-3.2.6.6 OBJECTIVE
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The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Gross Receipts and Compensating Tax Act.
R.3.2.6-3.2.6.7 DEFINITIONS
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[Reserved.]
R.3.2.6-3.2.6.8 SEPARATELY STATING THE GROSS RECEIPTS TAX
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A. A person who is required to report and pay tax on gross receipts is not required to charge or collect the tax from the customer, but if the person does not separately state the amount of tax on the bill other transactional document provided to the customer, the person must aff…
R.3.2.6-3.2.6.9 WHO IS THE TAXPAYER
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A. The gross receipts tax is imposed on persons engaging in business in New Mexico. Such persons are solely liable for payment of the tax; they are not "collectors" on behalf of the state. B. Section 7-9-6 NMSA 1978 treats as gross receipts, subject to the gross receipts tax, any…
R.3.21.5-3.21.5.1 ISSUING AGENCY
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Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630
R.3.21.5-3.21.5.2 SCOPE
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Provisions of this part apply to all providers of intrastate telecommunications service.
R.3.21.5-3.21.5.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.21.5-3.21.5.4 DURATION
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Permanent.
R.3.21.5-3.21.5.5 EFFECTIVE DATE
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5/15/97, unless a later date is cited at the end of a section, in which case the later date is the effective date.
R.3.21.5-3.21.5.6 OBJECTIVE
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The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Interstate Telecommunications Gross Receipts Tax Act.
R.3.21.5-3.21.5.7 DEFINITIONS
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[Reserved.]
R.3.21.5-3.21.5.8 IMPOSITION BARRED BY FEDERAL LAW - INTERSTATE TELECOMMUNICATIONS SERVICES IN INDIAN COUNTRY FOR TRIBE OR TRIBAL MEMBERS
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A. Receipts of a seller from selling interstate telecommunication services to a purchaser who is an Indian tribe or member thereof on the tribe's territory are not subject to the interstate telecommunications gross receipts tax if taxation of such receipts is prohibited by federa…
R.3.21.5-3.21.5.9 PERSONS ENGAGED IN PROVIDING INTERSTATE TELECOMMUNICATIONS SERVICES - HOTELS AND MOTELS PROVIDING INTERSTATE TELECOMMUNICATIONS SERVICE TO GUESTS
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A. Persons engaged in the business of providing interstate telecommunications in New Mexico are those persons licensed to do so by the federal communications commission or by any agency of the state of New Mexico having authority to license providers of interstate or intrastate t…
R.3.21.6-3.21.6.1 ISSUING AGENCY
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Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630
R.3.21.6-3.21.6.2 SCOPE
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This part applies to all telecommunications service providers and all local exchange customers subject to the surcharges imposed by the Enhanced 911 Act.
R.3.21.6-3.21.6.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.21.6-3.21.6.4 DURATION
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Permanent.
R.3.21.6-3.21.6.5 EFFECTIVE DATE
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5/15/97, unless a later date is cited at the end of a section, in which case the later date is the effective date.
R.3.21.6-3.21.6.6 OBJECTIVE
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The objective of this part is to interpret, exemplify, implement and enforce the provisions of the E 911.
R.3.21.6-3.21.6.7 DEFINITIONS
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[Reserved.]