51,436 sections across 3,184 New Mexico regulatory chapters.
R.3.2.118-3.2.118.2 SCOPE
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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.
R.3.2.118-3.2.118.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.118-3.2.118.4 DURATION
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Permanent.
R.3.2.118-3.2.118.5 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.3.2.118-3.2.118.6 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.3.2.118-3.2.118.7 RAILROAD DEFINED
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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.
R.3.2.119-3.2.119.1 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.3.2.119-3.2.119.2 SCOPE
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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.
R.3.2.119-3.2.119.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.119-3.2.119.4 DURATION
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Permanent.
R.3.2.119-3.2.119.5 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.3.2.119-3.2.119.6 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.3.2.119-3.2.119.7 DEFINITIONS
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[Reserved.]
R.3.2.119-3.2.119.8 CONCESSIONAIRES ON FEDERAL AREAS
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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 o…
R.3.2.12-3.2.12.1 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.3.2.12-3.2.12.2 SCOPE
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This part applies to each person using property in New Mexico.
R.3.2.12-3.2.12.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.12-3.2.12.4 DURATION
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Permanent.
R.3.2.12-3.2.12.5 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.3.2.12-3.2.12.6 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.3.2.12-3.2.12.7 DEFINITIONS
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[Reserved.]
R.3.2.12-3.2.12.8 SEPARATE STATING OF THE TAX
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A seller of property who is required to collect and pay over to the department the compensating tax due on the value of property sold for delivery into New Mexico must separately state the compensating tax on the invoice. If the compensating tax is not separately stated on the in…
R.3.2.12-3.2.12.9 GENERAL EXAMPLE
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A. The following example illustrates the application of Section 7-9-9 NMSA 1978. B. Example: A purchases a piece of equipment from X, an El Paso dealer, for $1,000. X is registered with the department as an agent for collection of compensating tax. X bills A as follows: Equipment…
R.3.2.121-3.2.121.1 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.3.2.121-3.2.121.2 SCOPE
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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.
R.3.2.121-3.2.121.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.121-3.2.121.4 DURATION
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Permanent.
R.3.2.121-3.2.121.5 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.3.2.121-3.2.121.6 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.3.2.121-3.2.121.7 DEFINITIONS
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[Reserved.]
R.3.2.121-3.2.121.8 FUEL IN THE OPERATION OF A "PRODUCTION UNIT"
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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…
R.3.2.121-3.2.121.9 WHICH RECEIPTS ARE EXEMPT AND WHICH ARE TAXABLE
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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 …
R.3.2.123-3.2.123.1 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.3.2.123-3.2.123.10 REPEALED
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(Reserved.)
R.3.2.123-3.2.123.2 SCOPE
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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.
R.3.2.123-3.2.123.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.123-3.2.123.4 DURATION
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Permanent.
R.3.2.123-3.2.123.5 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.3.2.123-3.2.123.6 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.3.2.123-3.2.123.7 DEFINITIONS
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[Reserved.]
R.3.2.123-3.2.123.8 RECEIPTS NOT EXEMPT
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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 an…
R.3.2.123-3.2.123.9 CLEARING LAND FOR MINING OPERATIONS
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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 …
R.3.2.124-3.2.124.1 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.3.2.124-3.2.124.2 SCOPE
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This part applies to each person selling oil and gas products or transporting oil and gas products by pipeline.
R.3.2.124-3.2.124.3 STATUTORY AUTHORITY
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Section 9-11-6.2 NMSA 1978.
R.3.2.124-3.2.124.4 DURATION
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Permanent.
R.3.2.124-3.2.124.5 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.3.2.124-3.2.124.6 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.3.2.124-3.2.124.7 DEFINITIONS
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[Reserved.]
R.3.2.124-3.2.124.8 FUEL CONSUMED IN THE OPERATION OF A "PRODUCTION UNIT"
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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 ther…