Sales of tangible personal property are in this state if:
A. the property is delivered or shipped to a purchaser other than the United States government within this state regardless of the f. o. b. point or other conditions of the sale; or
B. the property is shipped from an office, store, warehouse, factory or other place of storage in this state and:
(1) the purchaser is the United States government; or
(2) the taxpayer:
(a) is not taxable in the state of the purchaser; and
(b) did not make an election for apportionment of business income pursuant to Subsection B or C of Section 7-4-10 NMSA 1978.
History: 1953 Comp., § 72-15A-32, enacted by Laws 1965, ch. 203, § 17; 2013, ch. 160, § 8; 2015 (1st S.S.), ch. 2, § 7.
The 2015 (1st S.S.) amendment, effective September 6, 2015, amended the qualifications for the determination of sales of tangible personal property in this state; in Subparagraph B(2)(b), after "Subsection B", added "or C".
Applicability. — Laws 2015 (1st S.S.), ch. 2, § 25 provided that Laws 2015 (1st S.S.), ch. 2, § 7 apply to taxable years beginning on or after January 1, 2015.
The 2013 amendment, effective January 1, 2014, excluded certain sales from being apportioned as sales in New Mexico; and added Subparagraph (b) of Paragraph (2) of Subsection B.
Applicability. — Laws 2013, ch. 160, § 14 provided that Laws 2013, ch. 160, § 8 applies to taxable years beginning on or after January 1, 2014.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 195, 196.
84 C.J.S. Taxation §§ 92 to 94, 112 to 115, 155 to 157, 172 to 173, 397 to 401, 416.
Structure 2021 New Mexico Statutes
Article 4 - Division of Income for Tax Purposes
Section 7-4-3 - Allocation and apportionment of income in general.
Section 7-4-4 - When taxable in another state.
Section 7-4-5 - Allocation of certain nonbusiness income.
Section 7-4-6 - Allocation of rents and royalties.
Section 7-4-7 - Allocation of capital gains and losses.
Section 7-4-8 - Allocation of interest and dividends.
Section 7-4-9 - Allocation of patent and copyright royalties.
Section 10 - Apportionment of business income.
Section 7-4-11 - Property factor for apportionment of business income.
Section 7-4-12 - Valuation of property for inclusion in property factor.
Section 7-4-13 - Determination of average value of property for inclusion in property factor.
Section 7-4-14 - Payroll factor for apportionment of business income.
Section 7-4-15 - Determination of compensation for inclusion in payroll factor.
Section 7-4-16 - Sales factor for apportionment of business income.
Section 7-4-19 - Equitable adjustment of standard allocation or apportionment.