Chapter 7, Chapter 7

cigarettes. A. For the privilege of selling, giving or consuming cigarettes in New Mexico, there is levied an excise tax at a rate of ten cents ($.10) for each cigarette sold, given or consumed in this state. B. The tax imposed by this section shall be referred to as the "cigaret…

tax due. A. A tax that may be identified as the "cigarette inventory tax" is imposed on a distributor that has in its possession tax-exempt stamps, tax-credit stamps or tax stamps, not affixed to packages of cigarettes, at the close of business on the day prior to the date on whi…

A. At the close of business on the day prior to any date on which the cigarette tax imposed by Section 7-12-3 NMSA 1978 is increased, each distributor shall take inventory of tax-exempt stamps, tax-credit stamps and tax stamps on hand, including stamps affixed to packages of ciga…

A. Exempted from the cigarette tax are sales of cigarettes: (1) to the United States or any agency or instrumentality thereof or the state of New Mexico or any political subdivision thereof; (2) to a tribe, or to a tribal member licensed by the governing body of a tribe for use o…

A. A distributor shall obtain from the department tax-credit stamps to affix to packages of cigarettes sold to a tribe or a tribal member licensed or otherwise approved by a tribe to sell cigarettes under the authority of the tribe on that tribe's land; provided that the tribe ha…

A. Except as provided in Section 7-12-6 NMSA 1978, all cigarettes shall be placed in packages or containers to which a stamp shall be affixed. Only a distributor with a valid license issued pursuant to the Cigarette Tax Act may purchase or obtain unaffixed tax-exempt stamps, tax-…

The requirement imposed in Section 7-12-5 NMSA 1978 that stamps be affixed to packages or containers of cigarettes is waived if the cigarettes are: A. distributed by a manufacturer pursuant to federal regulations and are exempt from tax pursuant to 26 U.S.C. 5704; and B. not subs…

A. Only the department shall sell stamps. Stamps may be sold by the department only to a distributor. B. Stamps shall display a serial number. Stamps bearing the same serial number shall not be sold to more than one distributor. The department shall keep records of the serial num…

The department shall redeem unused or destroyed stamps at the price paid by the buyer, provided acceptable proof of such destruction is provided the department. It is presumed that the stamps presented for redemption were the last stamps bought in the month in which the sale of t…

A. A person shall not engage in the manufacture or distribution of cigarettes in New Mexico without a license issued by the department. B. The department shall issue or renew a license for a term not to exceed one year. C. The department may charge a license fee of up to one hund…

A. A person shall not distribute stamped packages of cigarettes for resale or sell stamped packages of cigarettes at wholesale without first obtaining a distributor's license from the department. B. A person licensed to distribute cigarettes is authorized to: (1) receive unstampe…

A. A person shall not manufacture cigarettes in New Mexico unless licensed by the department. B. A person licensed to manufacture cigarettes in New Mexico is authorized to: (1) manufacture, produce and package cigarettes; (2) receive imported cigarettes; (3) sell unstamped cigare…

A retailer of cigarettes shall: A. only obtain cigarettes for resale from a distributor; B. only obtain stamped cigarettes; C. not sell cigarettes at wholesale or for resale unless the retailer is also a distributor; and D. comply with the provisions of the Cigarette Tax Act or a…

Chapter 7, Article 12A NMSA 1978 may be cited as the "Tobacco Products Tax Act". History: 1978 Comp., § 7-12A-1, enacted by Laws 1986, ch. 112, § 2.

The provisions of the Tobacco Products Tax Act shall not apply in any case in which New Mexico is prohibited from taxing under the constitution of New Mexico or the constitution or laws of the United States. History: 1978 Comp., § 7-12A-10, enacted by Laws 1986, ch. 112, § 11.

As used in the Tobacco Products Tax Act: A. "department" means the taxation and revenue department, the secretary or any employee of the department exercising authority lawfully delegated to that employee by the secretary; B. "cigar" means a roll for smoking made wholly or in par…

tobacco products; denomination as "tobacco products tax"; date payment of tax due. A. For the manufacture or acquisition of tobacco products in New Mexico, not including cigars, little cigars, e-liquid, e-cigarettes or closed system cartridges, to be distributed in the ordinary c…

A. Exempted from the tobacco products tax is the product value of tobacco products sold: (1) to or by the United States or any agency or instrumentality thereof; (2) to the governing body or any enrolled tribal member licensed by the governing body of an Indian nation, tribe or p…

The product value of tobacco products sold and shipped or given and shipped to a person in another state may be deducted from the product value subject to the tax imposed by the Tobacco Products Tax Act; provided that the department may require the person to submit proof satisfac…

The department shall allow a claim for refund or credit, as provided in Sections 7-1- 26 and 7-1-29 NMSA 1978, for tobacco products tax paid on tobacco products destroyed or returned to the seller by the first purchaser as spoiled or otherwise unfit for sale or consumption; provi…

tobacco products in New Mexico. Each person engaged in the business of selling tobacco products in New Mexico shall register and comply with the provisions of Section 7-1-12 NMSA 1978. Every person selling tobacco products in New Mexico shall furnish such information as may be re…

department. A. Each person who sells tobacco products in New Mexico for resale in New Mexico shall maintain a file of copies of the invoices of sale for three years from the end of the year the sale was made. The invoices shall indicate the date of sale of the tobacco products, q…

Any person selling tobacco products in New Mexico and required by the provisions of Section 7-12A-8 NMSA 1978 to retain invoices who willfully fails to retain the invoices shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) or more than five hundred doll…

Chapter 7, Article 13 NMSA 1978 may be cited as the "Gasoline Tax Act". History: 1953 Comp., § 72-27-1, enacted by Laws 1971, ch. 207, § 1; 1983, ch. 204, § 1.

destroyed by fire, accident or acts of God before retail sale; on gasoline previously received from a source other than a refiner or pipeline terminal. A. Upon the submission of proof satisfactory to the department, the department shall allow a claim for refund or credit as provi…

gasoline. Every person transporting gasoline from a refinery or pipeline terminal in this state, importing gasoline into this state or exporting gasoline from this state, other than by pipeline or in the fuel supply tanks of motor vehicles, shall carry a manifest or bill of ladin…

use and to claim refund of tax. A. Any person using gasoline in the operation of a clothes cleaning establishment, in stoves or other appliances burning gasoline, or operators of aircraft using aviation gasoline exclusively in the operation of aircraft, upon proper showing of the…

A. Gasoline distributors and wholesalers who are registered as distributors or wholesalers with the department may sell gasoline to be used other than in motor boats or in vehicles licensed to operate on the highways. These distributors and wholesalers shall mix with the gasoline…

As used in the Gasoline Tax Act: A. "aviation gasoline" means gasoline sold for use in aircraft propelled by engines other than turbo-prop or jet-type engines; B. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the …

A. Gasoline that is produced, refined, manufactured, blended or compounded at a refinery in this state or stored at a pipeline terminal in this state by a person is received by that person when it is loaded there into tank cars, tank trucks, tank wagons or other types of transpor…

A. For the privilege of receiving gasoline in this state, there is imposed an excise tax at a rate provided in Subsection B of this section on each gallon of gasoline received in New Mexico. B. The tax imposed by Subsection A of this section shall be seventeen cents ($.17) per ga…

tax due. A. A gasoline inventory tax is imposed measured by the quantity of gallons of gasoline in the possession of a distributor or wholesaler on the day in which an increase in the excise tax imposed by Section 7-13-3 NMSA 1978 is effective. The taxable event is the existence …

A. On the day prior to the day that the excise tax imposed by Section 7-13-3 NMSA 1978 is increased, each distributor, wholesaler and retailer shall take inventory of the gallons of gasoline on hand. B. Distributors and wholesalers shall report total gallons of gasoline in invent…

ANNOTATIONS Laws 1990, ch. 124, § 23 repealed 7-13-3.4 NMSA 1978, as enacted by Laws 1988, ch. 70, § 10, relating to petroleum storage cleanup fund surcharge, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.

A. Except as provided in Subsection H of this section, every taxpayer shall file with the department a bond on a form approved by the attorney general with a surety company authorized by the public regulation commission to transact business in this state as a surety and upon whic…

In computing the gasoline tax due, the following amounts of gasoline may be deducted from the total amount of gasoline received in New Mexico during the tax period, provided satisfactory proof thereof is furnished to the department: A. gasoline received in New Mexico, but exporte…

reservation, pueblo grant or trust land. In computing the gasoline tax due, a person other than a registered Indian tribal distributor may deduct from the total amount of gasoline received in New Mexico during the tax period, provided satisfactory proof is provided to the departm…

Distributors shall file gasoline tax returns in form and content as prescribed by the secretary on or before the twenty-fifth day of the month following the month in which gasoline is received in New Mexico. Such returns shall be accompanied by payment of the amount of gasoline t…

Wholesalers shall file information returns in form and content as prescribed by the department on or before the twenty-fifth day of the month following the month in which gasoline is sold in New Mexico. The department may require that the information returns be provided through e…

Retailers shall file information returns in form and content as prescribed by the department on or before the twenty-fifth day of the month following the month in which gasoline is sold in New Mexico. The department may require that the information returns be provided through ele…

Rack operators shall file information returns in form and content as prescribed by the department on or before the twenty-fifth day of the month following the month in which gasoline is sold in New Mexico. The department may require that an information return be provided through …

wholesaler or retailer. Each person engaged in the business of selling gasoline in New Mexico as a distributor, wholesaler or retailer shall register as such under the provisions of Section 7-1-12 NMSA 1978. History: 1953 Comp., § 72-27-7, enacted by Laws 1971, ch. 207, § 7; 1983…

pipeline company to transport or store drip gasoline; misdemeanor to use drip gasoline in vehicle operated on highways of this state; enforcement by state police; magistrate court jurisdiction. A. Any person other than a recognized producer, refiner or pipeline company who transp…

Chapter 7, Article 13A NMSA 1978 may be cited as the "Petroleum Products Loading Fee Act". History: 1978 Comp., § 7-13A-1, enacted by Laws 1990, ch. 124, § 14.

As used in the Petroleum Products Loading Fee Act : A. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary; B. "distributor" means…

products loading fee". A. For the privilege of loading gasoline or special fuel from a rack at a refinery or pipeline terminal in this state into a cargo tank, there is imposed a fee on the distributor at a rate of one hundred fifty dollars ($150) per load on each gallon of gasol…

A. Petroleum products that are either loaded into cargo tanks in New Mexico and exported for resale and consumption outside of New Mexico or are imported into New Mexico and subsequently exported for resale and consumption outside of New Mexico are exempt from the imposition of t…

subsequent blending or resale by a rack operator. A. Refunds and allowances made to buyers for gasoline or special fuels returned to the refiner, pipeline terminal operator or distributor or amounts of gasoline or special fuels, the payment for which has not been collected and ha…

Any person who either loads gasoline or special fuel in New Mexico and any person who imports gasoline or special fuel into New Mexico for resale or consumption in New Mexico shall file petroleum products loading fee returns in form and content as prescribed by the secretary on o…

products previously loaded from a source other than a refiner or pipeline terminal. A. Upon the submission of proof satisfactory to the department, a distributor may claim, and the department may allow, a claim for refund of the petroleum products loading fee paid on petroleum pr…