Chapter 7 — Chapter 7

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 Repeals. — Laws 1994, ch. 5, § 27, repealed 7-13-3.3 NMSA 1978, as enacted by Laws 1979, ch. 166, § 9, relating to the gasoline inventory tax rebate, effective May 18, 1994. For provisions of former section, see the 1993 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Laws 1990, ch. 124, § 23 repealed 7-13-3.4 NMSA 1978, as enacted by Laws 1988, ch. 70, § 10, relating to petroleum storage cleanup fund surcharge, effective July 1, 1990.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…

ANNOTATIONS Repeals. — Laws 1993, ch. 32, § 13 repealed 7-13-4.1 NMSA 1978, as enacted by Laws 1980, ch. 105, § 3, relating to deductions for ethanol blended fuels, effective June 18, 1993. For provisions of former sections, see the 1992 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Repeals. — Laws 1993, ch. 32, § 13 repealed 7-13-4.2 NMSA 1978, as enacted by Laws 1983, ch. 225, § 3, relating to deductions for ethanol blended fuel produced using New Mexico agricultural products, effective June 18, 1993. For provisions of former sections, see the …

ANNOTATIONS Repeals. — Laws 1993, ch. 32, § 13 repealed 7-13-4.3 NMSA 1978, as enacted by Laws 1980, ch. 105, § 1, relating to findings and declaration of purpose, effective June 18, 1993. For provisions of former sections, see the 1992 NMSA 1978 on NMOneSource.com.

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…

ANNOTATIONS Repeals. — Laws 1983, ch. 211, § 42, repealed 7-13-9 NMSA 1978, relating to the distribution of tax revenues, effective July 1, 1983.

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…

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.