Chapter 7, Chapter 7

Chapter 7, Article 14 NMSA 1978 may be cited as the "Motor Vehicle Excise Tax Act". History: 1978 Comp., § 7-14-1, enacted by Laws 1988, ch. 73, § 11.

The receipts from the tax and any associated interest and penalties shall be deposited in the "motor vehicle suspense fund", hereby created in the state treasury. As of the end of each month, the net receipts attributable to the tax and associated penalties and interest shall be …

A. The department has the authority and duty to administer the Motor Vehicle Excise Tax Act and to impose, collect and enforce the motor vehicle excise tax. B. The department has the authority to interpret the provisions of the Motor Vehicle Excise Tax Act and to promulgate regul…

As used in the Motor Vehicle Excise Tax Act: A. "department" means the taxation and revenue department, the secretary of taxation and revenue or an employee of that department exercising authority lawfully delegated to that employee by the secretary; B. "manufactured home" means …

An excise tax, subject to the credit provided by Section 7-14-7.1, is imposed upon the sale in this state of every vehicle, except as otherwise provided in Section 7-14-7.1 NMSA 1978 and manufactured homes, required under the Motor Vehicle Code [Chapter 66, Articles 1 through 8 N…

The rate of the motor vehicle excise tax is four percent and is applied to the price paid for the vehicle. If the price paid does not represent the value of the vehicle in the condition that existed at the time it was acquired, the tax rate shall be applied to the reasonable valu…

The tax shall be paid to the department by the applicant for the certificate of title at the time of application for issuance of the certificate. History: 1978 Comp., § 7-14-5, enacted by Laws 1988, ch. 73, § 15.

A. A person who acquires a vehicle out of state thirty or more days before establishing a domicile in this state is exempt from the tax if the vehicle was acquired for personal use. B. A person applying for a certificate of title for a vehicle registered in another state is exemp…

A. If a vehicle has been acquired through an out-of-state transaction upon which a gross receipts, sales, compensating or similar tax was levied by another state or political subdivision thereof, the amount of the tax paid may be credited against the tax due this state on the sam…

reports. A. Upon application of the owner, the secretary shall suspend payment of the tax and issue a certificate of title without payment of the tax for any vehicle the leasing of which is subject to the Leased Vehicle Gross Receipts Tax Act [Chapter 7, Article 14A NMSA 1978], i…

A penalty of fifty percent of the tax is imposed on any person who is: A. domiciled in this state and accepts transfer in this state, but fails to apply for a certificate of title within ninety days of the date on which ownership of the vehicle was transferred to the person; or B…

A. If any person believes that the person has made payment of any motor vehicle excise tax in excess of that for which the person was liable or has been denied any credit against motor vehicle excise tax, that person may claim a refund by directing to the secretary a claim for re…

A. Any person upon whom a penalty is imposed by the Motor Vehicle Excise Tax Act may protest the imposition of the penalty in accordance with the provisions of Sections 7-1-24 and 7-1-25 NMSA 1978. B. Any person whose claim for refund of motor vehicle excise tax is denied in whol…

A. Any person required to submit the report required by Subsection C of Section 7- 14-7.1 NMSA 1978 who does not file the report in the manner and by the date required shall pay a penalty in an amount equal to five percent of the total amount of tax suspended pursuant to Subsecti…

Chapter 7, Article 14A NMSA 1978 may be cited as the "Leased Vehicle Gross Receipts Tax Act". History: Laws 1991, ch. 197, § 5; 1993, ch. 30, § 20.

At the end of each month, the net receipts attributable to the leased vehicle gross receipts tax and any associated penalties and interest shall be distributed as follows: A. one-fourth to the local governments road fund; and B. three-fourths to the highway infrastructure fund. H…

A. The department shall interpret the provisions of the Leased Vehicle Gross Receipts Tax Act. B. The department shall administer and enforce the collection of the leased vehicle gross receipts tax and the leased vehicle surcharge, and the Tax Administration Act applies to the ad…

As used in the Leased Vehicle Gross Receipts Tax 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. "engaging in busi…

vehicle gross receipts tax". A. For the privilege of engaging in business, an excise tax equal to five percent of gross receipts is imposed on any person engaging in business in New Mexico. B. The tax imposed by this section shall be referred to as the "leased vehicle gross recei…

A. Except as provided in Subsection B of this section, there is imposed a surcharge on the leasing of a vehicle to another person by a person engaging in business in New Mexico if the lease is subject to the leased vehicle gross receipts tax. The amount of this surcharge is two d…

To prevent evasion of the leased vehicle gross receipts tax and the leased vehicle surcharge and to aid in their administration, it is presumed that all receipts of a person engaging in business are subject to the leased vehicle gross receipts tax and that all vehicles leased by …

When the leased vehicle gross receipts tax is stated separately on the books of the lessor and if the total amount of tax that is stated separately on transactions reportable within one reporting period is in excess of the amount of leased vehicle gross receipts tax otherwise pay…

The tax and the surcharge imposed by the Leased Vehicle Gross Receipts Tax Act are to be paid on or before the twenty-fifth day of the month following the month in which the taxable event occurs. History: Laws 1991, ch. 197, § 10; 1993, ch. 359, § 3.

Receipts from transactions in interstate commerce may be deducted from gross receipts to the extent that the imposition of the leased vehicle gross receipts tax would be unlawful under the United States constitution. History: Laws 1991, ch. 197, § 11.

Receipts represented by allowances granted for vehicle trade-ins may be deducted from gross receipts. History: Laws 1991, ch. 197, § 12.

Chapter 7, Article 15 NMSA 1978 may be cited as the "Trip Tax Act". History: 1978 Comp., § 7-15-1.1, enacted by Laws 1988, ch. 73, § 22.

As used in the Trip Tax Act: A. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination; B. "commercial motor carrier vehicle" means any motor vehicle with a gross weight of twelve thousand pounds or more used or reserved …

A. For the purpose of providing funds for the construction, maintenance, repair and reconstruction of this state's public highways, a use fee, to be known as the "trip tax", is imposed on each trip made in this state by the registrant, owner or operator of a foreign- based commer…

Exempted from imposition of the trip tax is the use of the highways of this state by commercial motor carrier vehicles while operating exclusively within ten miles of a border with Mexico in conjunction with crossing the border with Mexico. History: Laws 2006, ch. 44, § 1.

A. If any trip tax is not paid when due, interest shall be paid to the state on such amount from the date on which the trip tax becomes due until it is paid. Interest shall be due to the state at the rate of fifteen percent a year, computed at the rate of one and one-quarter perc…

The receipts from permit fees established pursuant to Subsection C of Section 7-15- 3.1 NMSA 1978, the trip tax and any associated interest and penalties shall be deposited into the "motor vehicle suspense fund", hereby created in the state treasury. As of the end of each month, …

A. The department has the authority and duty to administer the Trip Tax Act and to impose, collect and enforce the trip tax. B. The department has the authority to interpret the provisions of the Trip Tax Act and to promulgate regulations with respect to the Trip Tax Act. The ext…

Chapter 7, Article 15A NMSA 1978 may be cited as the "Weight Distance Tax Act". History: 1978 Comp., § 7-15A-1, enacted by Laws 1988, ch. 73, § 28.

and renewal. A. An operator of a motor vehicle registered in this state and subject to the weight distance tax shall display a weight distance tax identification permit issued for that vehicle to an enforcement officer of the department of public safety upon demand of that employ…

fee. A. A person that obtains a weight distance tax identification permit shall pay an administrative fee to the department for the reasonable and necessary expense that the department incurs for processing and issuing a weight distance tax identification permit. The fee shall be…

The "weight distance tax identification permit fund" is created in the state treasury. The purpose of the fund is to provide an account from which the department and the department of transportation may pay the costs of issuing and administering weight distance tax identification…

exceptions. A. Except as required in Subsection H of this section, every taxpayer with a commercial domicile not located in an International Fuel Tax Agreement jurisdiction shall file with the department a bond on a form approved by the attorney general with a surety company auth…

reporters. Any person required to file a report pursuant to Subsection B of Section 7-15A-8 NMSA 1978 that is determined to have reported less than the mileage actually traveled on New Mexico highways during a tax payment period or less than the actual gross vehicle weight travel…

As used in the Weight Distance Tax Act: A. "bus" means a motor vehicle designed and used for the transportation of a person and a motor vehicle, other than a taxicab, designed and used for the transportation of a person for compensation; B. "declared gross weight" means the decla…

A tax is imposed upon the registrants, owners and operators for the use of the highways of this state by all motor vehicles having a declared gross weight or gross vehicle weight in excess of twenty-six thousand pounds and registered in this state, registered under proportional r…

The tax shall be paid by the registrant, owner or operator of a motor vehicle registered in this state to which the tax applies. History: 1978 Comp., § 7-15A-4, enacted by Laws 1988, ch. 73, § 31.

Exempted from imposition of the weight distance tax is the use of the highways of this state by: A. school buses; B. buses used exclusively for the transportation of agricultural laborers; C. buses operated by religious or nonprofit charitable organizations; and D. commercial mot…

rate for one-way hauls. A. For on-highway operations of motor vehicles other than buses, the weight distance tax shall be computed in accordance with the following schedule: Declared Gross Weight Tax Rate (Gross Vehicle Weight) (Mills per Mile) 26,001 to 28,000 14.86 28,001 to 30…

For all buses, the weight distance tax shall be computed in accordance with the following schedule: Declared Gross Weight Tax Rate (Gross Vehicle Weight) (Mills per Mile) 26,001 to 28,000 11.01 28,001 to 30,000 11.88 30,001 to 32,000 12.77 32,001 to 34,000 13.64 34,001 to 36,000 …

A. The total number of miles traveled on New Mexico highways during the tax payment period by the motor vehicle subject to the tax shall be used in computing the tax. B. Registrants, owners and operators of all motor vehicles to which the tax applies shall report to the departmen…

keeping requirements. A. Except as provided in Subsection B of this section, the weight distance tax shall be paid to the department by April 30 for the first quarterly period of January 1 through March 31, by July 31 for the second quarterly period of April 1 through June 30, by…

Chapter 7, Article 16A NMSA 1978 may be cited as the "Special Fuels Supplier Tax Act". History: Laws 1992, ch. 51, § 1; 1993, ch. 272, § 3.

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

exception. A. Except as otherwise provided in this section, a special fuel user shall file a special fuel excise tax return in form and content as prescribed by the secretary to conform to the due date for the special fuel excise tax return required by an interstate agreement to …

In computing any special fuel excise tax due, all special fuel excise tax paid on special fuel used during the reporting period may be credited against the calculated special fuel excise tax due for that reporting period, provided that satisfactory proof of the special fuel excis…