Chapter 7 — Chapter 7
1,736 sections in this chapter.
NMSA 1978, § 7-9-42 Repealed
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ANNOTATIONS Repeals. — Laws 1984, ch. 2, § 11, repealed 7-9-42 NMSA 1978, enacted by Laws 1973, ch. 67, § 2, relating to the exemption of the receipts from the leasing or licensing of theatrical and television films and tapes from the gross receipts and compensating tax, effectiv…
NMSA 1978, § 7-9-43 Nontaxable transaction certificates and other evidence
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required to entitle persons to deductions. A. Except as provided in Subsection B of this section, a person may establish entitlement to a deduction from gross receipts allowed pursuant to the Gross Receipts and Compensating Tax Act by obtaining in good faith a properly executed n…
NMSA 1978, § 7-9-43.1 Nontaxable transaction certificates not required by liquor
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wholesalers. Notwithstanding the provisions of Section 7-9-43 NMSA 1978, a liquor wholesaler licensed as a wholesaler by the superintendent of regulation and licensing pursuant to the Liquor Control Act [60-3A-1 NMSA 1978 et seq.] is not required to obtain a nontaxable transactio…
NMSA 1978, § 7-9-44 Repealed
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History: 1953 Comp., § 72-16A-13.1, enacted by Laws 1969, ch. 144, § 34; 1983, ch. 220, § 8; 1990, ch. 41, § 7; 1992, ch. 39, § 5; 1993, ch. 31, § 10; 2001, ch. 343, § 3; repealed by Laws 2018, ch. 56, § 2.
NMSA 1978, § 7-9-45 Deductions
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A. Receipts may only be deducted once from gross receipts or governmental gross receipts when computing the gross receipts tax or governmental gross receipts tax due. B. The same receipts shall not be both exempt from the gross receipts tax and deducted from gross receipts. C. Th…
NMSA 1978, § 7-9-46 Deduction; gross receipts; governmental gross receipts;
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sales to manufacturers and manufacturing service providers. A. Receipts from selling tangible personal property may be deducted from gross receipts or from governmental gross receipts if the sale is made to a person engaged in the business of manufacturing who delivers a nontaxab…
NMSA 1978, § 7-9-46.1 Deduction; gross receipts; governmental gross receipts;
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sales of services to manufacturers. A. Receipts from selling professional services may be deducted from gross receipts or from governmental gross receipts if the sale is made to a person engaged in the business of manufacturing who delivers a nontaxable transaction certificate to…
NMSA 1978, § 7-9-47 Deduction; gross receipts tax; governmental gross receipts
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tax; sale of tangible personal property or licenses for resale. Receipts from selling tangible personal property or licenses may be deducted from gross receipts or from governmental gross receipts if the sale is made to a person who delivers a nontaxable transaction certificate t…
NMSA 1978, § 7-9-48 Deduction; gross receipts tax; governmental gross receipts;
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sale of a service for resale. Receipts from selling a service for resale may be deducted from gross receipts or from governmental gross receipts if the sale is made to a person who delivers a nontaxable transaction certificate to the seller or provides alternative evidence pursua…
NMSA 1978, § 7-9-49 Deduction; gross receipts tax; sale of tangible personal
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property and licenses for leasing. A. Except as otherwise provided by Subsection B of this section, receipts from selling tangible personal property and licenses may be deducted from gross receipts if the sale is made to a person who delivers a nontaxable transaction certificate …
NMSA 1978, § 7-9-5 Presumption of taxability
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A. To prevent evasion of the gross receipts tax and to aid in its administration, it is presumed that all receipts of a person engaging in business are subject to the gross receipts tax. A person engaged solely in transactions specifically exempt under the provisions of the Gross…
NMSA 1978, § 7-9-50 Deduction; gross receipts tax; lease for subsequent lease
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A. Except as provided otherwise in Subsection B of this section, receipts from leasing tangible personal property or licenses may be deducted from gross receipts if the lease is made to a lessee who delivers a nontaxable transaction certificate to the lessor or provides alternati…
NMSA 1978, § 7-9-51 Deduction; gross receipts tax; sale of construction material
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to persons engaged in the construction business. A. Receipts from selling construction material may be deducted from gross receipts if the sale is made to a person engaged in the construction business who delivers a nontaxable transaction certificate to the seller or provides alt…
NMSA 1978, § 7-9-51.1 Repealed
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ANNOTATIONS Repeals. — Laws 1995, ch. 50, § 6, repealed 7-9-51.1 NMSA 1978, as enacted by Laws 1993, ch. 31, § 14, relating to gross receipts tax deductions for railway bed materials, effective July 1, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.…
NMSA 1978, § 7-9-52 Deduction; gross receipts tax; sale of construction services
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and construction-related services to persons engaged in the construction business. A. Receipts from selling a construction service or a construction-related service may be deducted from gross receipts if the sale is made to a person engaged in the construction business who delive…
NMSA 1978, § 7-9-52.1 Deduction; gross receipts tax; lease of construction
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equipment to persons engaged in the construction business. A. Receipts from leasing construction equipment may be deducted from gross receipts if the construction equipment is leased to a person engaged in the construction business who delivers a nontaxable transaction certificat…
NMSA 1978, § 7-9-53 Deduction; gross receipts tax; sale or lease of real property
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and lease of manufactured homes. A. Receipts from the sale or lease of real property and from the lease of a manufactured home as provided in Subsection B of this section, other than receipts from the sale or lease of oil, natural gas or mineral interests exempted by Section 7-9-…
NMSA 1978, § 7-9-54 Deduction; gross receipts tax; governmental gross receipts
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tax; sales to governmental agencies. A. Receipts from selling tangible personal property, or from selling licenses to use digital goods for the purpose of loaning those digital goods to the public, to the United States or to New Mexico or a governmental unit, subdivision, agency,…
NMSA 1978, § 7-9-54.1 Deduction; gross receipts from sale of aerospace services
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to certain organizations. A. Receipts from performing or selling an aerospace service for resale may be deducted from gross receipts if the sale is made to a buyer who delivers a nontaxable transaction certificate or provides alternative evidence pursuant to Section 7-9-43 NMSA 1…
NMSA 1978, § 7-9-54.2 Gross receipts; deduction; spaceport operation; space
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operations; launching, operating and recovering space vehicles or payloads; payload services; operationally responsive space program services. A. Receipts from launching, operating or recovering space vehicles or payloads in New Mexico may be deducted from gross receipts. B. Rece…
NMSA 1978, § 7-9-54.3 Deduction; gross receipts tax; wind and solar generation
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equipment; energy storage equipment; sales to governments. A. Prior to July 1, 2034, receipts from selling wind generation equipment or solar generation equipment to a government for the purpose of installing a wind or solar electric generation facility may be deducted from gross…
NMSA 1978, § 7-9-54.4 Deduction; compensating tax; space-related test articles
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A. The value of space-related test articles used in New Mexico exclusively for research or testing, placing on public display after research or testing or storage for future research, testing or public display may be deducted in computing compensating tax due. This subsection doe…
NMSA 1978, § 7-9-54.5 Deduction; compensating tax; test articles
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A. The value of test articles upon which research or testing is conducted in New Mexico pursuant to a contract with the United States department of defense may be deducted in computing the compensating tax due. B. As used in this section, "test article" means a material or device…
NMSA 1978, § 7-9-55 Deduction; gross receipts tax; governmental gross receipts
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tax; transaction in interstate commerce. A. Receipts from transactions in interstate commerce may be deducted from gross receipts to the extent that the imposition of the gross receipts tax would be unlawful under the United States constitution. B. Receipts from transactions in i…
NMSA 1978, § 7-9-56 Deduction; gross receipts tax; intrastate transportation and
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services in interstate commerce. A. Receipts from transporting persons or property from one point to another in this state may be deducted from gross receipts when such persons or property, including any special or extra service reasonably necessary in connection therewith, is be…
NMSA 1978, § 7-9-56.1 Deduction; gross receipts tax; internet services
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On and after July 1, 1998, receipts from providing leased telephone lines, telecommunications services, internet services, internet access services or computer programming that will be used by other persons in providing internet access and related services to the final user may b…
NMSA 1978, § 7-9-56.2 Deduction; gross receipts tax; hosting world wide web
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sites. Receipts from hosting world wide web sites may be deducted from gross receipts. For purposes of this section, "hosting" means storing information on computers attached to the internet. History: Laws 1998, ch. 92, § 2.
NMSA 1978, § 7-9-56.3 Deduction; gross receipts; trade-support company in a
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border zone. A. The receipts of a trade-support company may be deducted from gross receipts if: (1) the trade-support company first locates in New Mexico within twenty miles of a port of entry on New Mexico's border with Mexico on or after January 1, 2016 but before January 1, 20…
NMSA 1978, § 7-9-57 Deduction; gross receipts tax; sale of certain services to an
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out-of-state buyer. A. Receipts from performing a service may be deducted from gross receipts if the sale of the service is made to an out-of-state buyer who delivers to the seller either an appropriate nontaxable transaction certificate or other evidence acceptable to the secret…
NMSA 1978, § 7-9-57.1 Repealed
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History: Laws 1998, ch. 92, § 3; repealed by Laws 2020, ch. 80, § 14.
NMSA 1978, § 7-9-57.2 Deduction; gross receipts tax; sale of software
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development services. A. To stimulate new business development, the receipts of an eligible software development company from the sale of software development services that are performed in a qualified area may be deducted from gross receipts. B. As used in this section: (1) "eli…
NMSA 1978, § 7-9-58 Deduction; gross receipts tax; feed; fertilizers
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A. Receipts from selling feed for livestock, including the baling wire or twine used to contain the feed, fish raised for human consumption, poultry or animals raised for their hides or pelts and from selling seeds, roots, bulbs, plants, soil conditioners, fertilizers, insecticid…
NMSA 1978, § 7-9-58.1 Credit; gross receipts tax; sale of dyed special fuel used
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for agricultural purposes. A. Prior to July 1, 2029, a taxpayer who sells special fuel dyed in accordance with federal regulations may claim a tax credit against gross receipts taxes due in an amount equal to the amount of any gross receipts tax due on the receipt for sale; provi…
NMSA 1978, § 7-9-59 Deduction; gross receipts tax; warehousing, threshing,
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harvesting, growing, cultivating and processing agricultural products; testing or transporting milk. A. Receipts from warehousing grain or other agricultural products may be deducted from gross receipts. B. Receipts from threshing, cleaning, growing, cultivating or harvesting agr…
NMSA 1978, § 7-9-6 Separately stating the gross receipts tax
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A. Taxpayers subject to the Gross Receipts and Compensating Tax Act, when billing a customer, shall separately state the amount of tax associated with the transaction or provide a statement affirmatively indicating that the gross receipts tax is included in the amount billed. B. …
NMSA 1978, § 7-9-60 Deduction; gross receipts tax; governmental gross receipts
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tax; sales to certain organizations. A. Except as provided otherwise in Subsection B of this section, receipts from selling tangible personal property to 501(c)(3) organizations may be deducted from gross receipts or from governmental gross receipts if the sale is made to an orga…
NMSA 1978, § 7-9-61 Repealed
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ANNOTATIONS Repeals. — Laws 1981, ch. 37, § 97, repealed 7-9-61 NMSA 1978, relating to the deduction from the gross receipts tax of the sale of tangible personal property to banks and financial corporations, effective January 1, 1982.
NMSA 1978, § 7-9-61.1 Deduction; gross receipts tax; certain receipts
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Receipts from charges made in connection with the origination, making or assumption of a loan or from charges made for handling loan payments may be deducted from gross receipts. History: 1978 Comp., § 7-9-61.1, enacted by Laws 1981, ch. 37, § 52.
NMSA 1978, § 7-9-61.2 Deduction; receipts from sales to state-chartered credit
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unions. Receipts from selling tangible personal property to credit unions chartered under the provisions of the Credit Union Act [Chapter 58, Article 11 NMSA 1978] are deductible to the same extent that receipts from the sale of tangible personal property to federal credit unions…
NMSA 1978, § 7-9-62 Deduction; gross receipts tax; agricultural implements;
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aircraft manufacturers; vehicles that are not required to be registered; aircraft parts and maintenance services; reporting requirements. A. Except for receipts deductible under Subsection B of this section, fifty percent of the receipts from selling agricultural implements, farm…
NMSA 1978, § 7-9-62.1 Deduction; gross receipts tax; aircraft sales and services;
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reporting requirements. A. Receipts from the sale of or from maintaining, refurbishing, remodeling or otherwise modifying a commercial or military carrier over ten thousand pounds gross landing weight may be deducted from gross receipts. B. A taxpayer allowed a deduction pursuant…
NMSA 1978, § 7-9-63 Deduction; gross receipts tax; publication sales
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Receipts from publishing newspapers or magazines, except from selling advertising space, may be deducted from gross receipts. Receipts from selling magazines at retail may not be deducted from gross receipts. History: 1953 Comp., § 72-16A-14.18, enacted by Laws 1969, ch. 144, § 5…
NMSA 1978, § 7-9-64 Deduction; gross receipts tax; newspaper sales
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Receipts from selling newspapers, except from selling advertising space, may be deducted from gross receipts. History: 1953 Comp., § 72-16A-14.19, enacted by Laws 1969, ch. 144, § 54.
NMSA 1978, § 7-9-65 Deduction; gross receipts tax; chemicals and reagents
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Receipts from selling chemicals or reagents to any mining, milling or oil company for use in processing ores or oil in a mill, smelter or refinery or in acidizing oil wells, and receipts from selling chemicals or reagents in lots in excess of eighteen tons to any hard-rock mining…
NMSA 1978, § 7-9-66 Deduction; gross receipts tax; commissions
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A. Receipts derived from commissions on sales of tangible personal property which are not subject to the gross receipts tax may be deducted from gross receipts. B. Receipts of the owner of a dealer store derived from commissions received for performing the service of selling from…
NMSA 1978, § 7-9-66.1 Deduction; gross receipts tax; certain real estate
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transactions. A. Receipts from real estate commissions on that portion of the transaction subject to gross receipts tax pursuant to Subsection A of Section 7-9-53 NMSA 1978 may be deducted from gross receipts if the person claiming the deduction submits to the department evidence…
NMSA 1978, § 7-9-67 Deduction; gross receipts tax; governmental gross receipts
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tax; refunds; uncollectible debts. A. Refunds and allowances made to buyers or amounts written off the books as an uncollectible debt by a person reporting gross receipts tax on an accrual basis may be deducted from gross receipts. If debts reported uncollectible are subsequently…
NMSA 1978, § 7-9-68 Deduction; gross receipts tax; warranty obligations
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Receipts of a dealer from furnishing goods or services to the purchaser of tangible personal property to fulfill a warranty obligation of the manufacturer of the property may be deducted from gross receipts. History: 1953 Comp., § 72-16A-14.25, enacted by Laws 1969, ch. 144, § 60…
NMSA 1978, § 7-9-69 Deduction; gross receipts tax; administrative and
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accounting services. A. Receipts of a business entity for administrative, managerial, accounting and customer services performed by it for an affiliate upon a nonprofit or cost basis and receipts of a business entity from an affiliate for the joint use or sharing of office machin…
NMSA 1978, § 7-9-7 Imposition and rate of tax; denomination as "compensating
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tax". A. For the privilege of making taxable use of tangible personal property in New Mexico, there is imposed on the person using the property an excise tax equal to five percent prior to July 1, 2023 and four and seven-eighths percent beginning July 1, 2023, except as provided …