2021 New Mexico Statutes
Article 9 - Gross Receipts and Compensating Tax
Section 7-9-103.2 - Deduction; gross receipts; electricity exchange.

2021 New Mexico Statutes

Chapter 7 - Taxation

Article 9 - Gross Receipts and Compensating Tax

Section 7-9-1 - Short title.

Section 7-9-2 - Purpose.

Section 7-9-3 - Definitions.

Section 7-9-3 - Definitions. (Effective January 1, 2022.)

Section 7-9-3.1 - Repealed.

Section 7-9-3.2 - Additional definition.

Section 7-9-3.3 - Definition; engaging in business.

Section 7-9-3.4 - Definitions; construction, construction materials and construction-related services.

Section 7-9-3.5 - Definition; gross receipts.

Section 7-9-4 - Imposition and rate of tax; denomination as "gross receipts tax".

Section 7-9-4.1 - Repealed.

Section 7-9-4.2 - Repealed.

Section 7-9-4.3 - Imposition and rate of tax; denomination as "governmental gross receipts tax".

Section 7-9-5 - Presumption of taxability.

Section 7-9-6 - Separately stating the gross receipts tax.

Section 7-9-7 - Imposition and rate of tax; denomination as "compensating tax".

Section 7-9-7.1 - Department barred from taking collection actions with respect to certain tax liabilities.

Section 7-9-7.2 - Authority to establish standards for certified service providers.

Section 7-9-8 - Presumption of taxability and value.

Section 7-9-9 - Liability of user for payment of compensating tax.

Section 7-9-10 - Agents for collection of compensating tax; duties.

Section 7-9-11 - Date payment due.

Section 7-9-12 - Exemptions.

Section 7-9-12.1 - Repealed.

Section 7-9-13 - Exemption; gross receipts tax; governmental agencies.

Section 7-9-13.1 - Exemption; gross receipts tax; certain services.

Section 7-9-13.2 - Exemption; governmental gross receipts tax; receipts subject to certain other taxes.

Section 7-9-13.3 - Exemption; gross receipts tax and governmental gross receipts tax; stadium surcharge.

Section 7-9-13.4 - Exemption; gross receipts tax; sale of textbooks from certain bookstores to enrolled students.

Section 7-9-13.5 - Exemption; gross receipts tax and governmental gross receipts tax; event center surcharge.

Section 7-9-14 - Exemption; compensating tax; governmental agencies; Indians.

Section 7-9-15 - Exemption; compensating tax; certain organizations.

Section 7-9-16 - Exemption; gross receipts tax; certain nonprofit facilities.

Section 7-9-17 - Exemption; gross receipts tax; wages.

Section 7-9-18 - Exemption; gross receipts tax and governmental gross receipts tax; agricultural products.

Section 7-9-18.1 - Exemption; gross receipts tax; food stamps.

Section 7-9-19 - Exemption; gross receipts tax; livestock feeding.

Section 7-9-20 - Exemption; gross receipts tax; certain receipts of homeowners associations.

Section 7-9-21 - Repealed.

Section 7-9-22 - Exemption; gross receipts tax; vehicles.

Section 7-9-22.1 - Exemption; gross receipts tax; boats.

Section 7-9-23 - Exemption; compensating tax; vehicles.

Section 7-9-23.1 - Exemption; compensating tax; boats.

Section 7-9-24 - Exemption; gross receipts tax; insurance companies.

Section 7-9-25 - Exemption; gross receipts tax; dividends and interest.

Section 7-9-26 - Exemption; gross receipts and compensating tax; fuel.

Section 7-9-26.1 - Exemption; gross receipts tax and compensating tax; fuel for space vehicles.

Section 7-9-27 - Exemption; compensating tax; personal effects.

Section 7-9-28 - Exemption; gross receipts tax; occasional sale of property or services.

Section 7-9-29 - Exemption; gross receipts tax; certain organizations; exceptions.

Section 7-9-30 - Exemption; compensating tax; railroad equipment, aircraft and space vehicles.

Section 7-9-31 - Exemption; gross receipts and compensating tax; resale activities of an armed forces instrumentality.

Section 7-9-32 - Exemption; gross receipts tax; oil and gas or mineral interests.

Section 7-9-33 - Exemption; gross receipts tax; products subject to Oil and Gas Emergency School Tax Act.

Section 7-9-34 - Exemption; gross receipts tax; refiners and persons subject to Natural Gas Processors Tax Act.

Section 7-9-35 - Exemption; gross receipts tax; natural resources subject to Resources Excise Tax Act.

Section 7-9-36 - Exemption; gross receipts tax; oil and gas consumed in the pipeline transportation of oil and gas products.

Section 7-9-37 - Exemption; compensating tax; use of oil and gas in the pipeline transportation of oil and gas products.

Section 7-9-38 - Exemption; compensating tax; use of electricity in the production, conversion and transmission of electricity.

Section 7-9-38.1 - Exemption; gross receipts tax; interstate telecommunications services.

Section 7-9-38.2 - Exemption; gross receipts tax; sale of certain telecommunications services.

Section 7-9-39 - Exemption; gross receipts tax; fees from social organizations.

Section 7-9-40 - Exemption; gross receipts tax; purses and jockey remuneration at New Mexico racetracks; receipts from gross amounts wagered.

Section 7-9-41 - Exemption; gross receipts tax; religious activities.

Section 7-9-41.1 - Exemption; gross receipts tax and governmental gross receipts tax; athletic facility surcharge.

Section 7-9-41.2 - Deleted.

Section 7-9-41.3 - Exemption; receipts from sales by disabled street vendors.

Section 7-9-41.4 - Exemption; officiating at New Mexico activities association-sanctioned school events.

Section 7-9-41.5 - Exemption; nonprofit hospitals from local option gross receipts taxes.

Section 7-9-41.6 - Exemption; gross receipts; certain health care providers from federal coronavirus aid, relief, and economic security act payments.

Section 7-9-42 - Repealed.

Section 7-9-43 - Nontaxable transaction certificates and other evidence required to entitle persons to deductions.

Section 7-9-43.1 - Nontaxable transaction certificates not required by liquor wholesalers.

Section 7-9-44 - Repealed.

Section 7-9-45 - Deductions.

Section 7-9-46 - Deduction; gross receipts tax; governmental gross receipts; sales to manufacturers.

Section 7-9-46 - Deduction; gross receipts; governmental gross receipts; sales to manufacturers and manufacturing service providers. (Effective January 1, 2022.)

Section 7-9-47 - Deduction; gross receipts tax; governmental gross receipts tax; sale of tangible personal property or licenses for resale.

Section 7-9-48 - Deduction; gross receipts tax; governmental gross receipts; sale of a service for resale.

Section 7-9-49 - Deduction; gross receipts tax; sale of tangible personal property and licenses for leasing.

Section 7-9-50 - Deduction; gross receipts tax; lease for subsequent lease.

Section 7-9-51 - Deduction; gross receipts tax; sale of construction material to persons engaged in the construction business.

Section 7-9-51.1 - Repealed.

Section 7-9-52 - Deduction; gross receipts tax; sale of construction services and construction-related services to persons engaged in the construction business.

Section 7-9-52.1 - Deduction; gross receipts tax; lease of construction equipment to persons engaged in the construction business.

Section 7-9-53 - Deduction; gross receipts tax; sale or lease of real property and lease of manufactured homes.

Section 7-9-54 - Deduction; gross receipts tax; governmental gross receipts tax; sales to governmental agencies.

Section 7-9-54.1 - Deduction; gross receipts from sale of aerospace services to certain organizations.

Section 7-9-54.2 - Gross receipts; deduction; spaceport operation; space operations; launching, operating and recovering space vehicles or payloads; payload services; operationally responsive space program services.

Section 7-9-54.3 - Deduction; gross receipts tax; wind and solar generation equipment; sales to governments.

Section 7-9-54.4 - Deduction; compensating tax; space-related test articles.

Section 7-9-54.5 - Deduction; compensating tax; test articles.

Section 7-9-55 - Deduction; gross receipts tax; governmental gross receipts tax; transaction in interstate commerce.

Section 7-9-56 - Deduction; gross receipts tax; intrastate transportation and services in interstate commerce.

Section 7-9-56.1 - Deduction; gross receipts tax; internet services.

Section 7-9-56.2 - Deduction; gross receipts tax; hosting world wide web sites.

Section 7-9-56.3 - Deduction; gross receipts; trade-support company in a border zone.

Section 7-9-57 - Deduction; gross receipts tax; sale of certain services to an out-of-state buyer.

Section 7-9-57.1 - Repealed.

Section 7-9-57.2 - Deduction; gross receipts tax; sale of software development services.

Section 7-9-58 - Deduction; gross receipts tax; feed; fertilizers.

Section 7-9-59 - Deduction; gross receipts tax; warehousing, threshing, harvesting, growing, cultivating and processing agricultural products; testing or transporting milk.

Section 7-9-60 - Deduction; gross receipts tax; governmental gross receipts tax; sales to certain organizations.

Section 7-9-61 - Repealed.

Section 7-9-61.1 - Deduction; gross receipts tax; certain receipts.

Section 7-9-61.2 - Deduction; receipts from sales to state-chartered credit unions.

Section 7-9-62 - Deduction; gross receipts tax; agricultural implements; aircraft manufacturers; vehicles that are not required to be registered; aircraft parts and maintenance services; reporting requirements.

Section 7-9-62.1 - Deduction; gross receipts tax; aircraft sales and services; reporting requirements.

Section 7-9-63 - Deduction; gross receipts tax; publication sales.

Section 7-9-64 - Deduction; gross receipts tax; newspaper sales.

Section 7-9-65 - Deduction; gross receipts tax; chemicals and reagents.

Section 7-9-66 - Deduction; gross receipts tax; commissions.

Section 7-9-66.1 - Deduction; gross receipts tax; certain real estate transactions.

Section 7-9-67 - Deduction; gross receipts tax; governmental gross receipts tax; refunds; uncollectible debts.

Section 7-9-68 - Deduction; gross receipts tax; warranty obligations.

Section 7-9-69 - Deduction; gross receipts tax; administrative and accounting services.

Section 7-9-70 - Deduction; gross receipts tax; rental or lease of vehicles used in interstate commerce.

Section 7-9-71 - Deduction; gross receipts tax; trade-in allowance.

Section 7-9-72 - Repealed.

Section 7-9-73 - Deduction; gross receipts tax; governmental gross receipts; sale of prosthetic devices.

Section 7-9-73.1 - Deduction; gross receipts; governmental gross receipts; hospitals.

Section 7-9-73.2 - Deduction; gross receipts tax and governmental gross receipts tax; prescription drugs; oxygen; cannabis.

Section 7-9-73.3 - Deduction; gross receipts tax and governmental gross receipts tax; durable medical equipment; medical supplies.

Section 7-9-74 - Deduction; gross receipts tax; sale of property used in the manufacture of jewelry.

Section 7-9-75 - Deduction; gross receipts tax; sale of certain services performed directly on product manufactured.

Section 7-9-76 - Deduction; gross receipts tax; travel agents' commissions paid by certain entities.

Section 7-9-76.1 - Deduction; gross receipts tax; certain manufactured homes.

Section 7-9-76.2 - Deduction; gross receipts tax; films and tapes.

Section 7-9-77 - Deductions; compensating tax.

Section 7-9-77.1 - Deduction; gross receipts tax; certain medical and health care services.

Section 7-9-78 - Deductions; compensating tax; use of tangible personal property for leasing.

Section 7-9-78.1 - Deduction; compensating tax; uranium enrichment plant equipment.

Section 7-9-79 - Credit; compensating tax.

Section 7-9-79.1 - Credit; gross receipts tax; services.

Section 7-9-79.2 - Gross receipts tax; compensating tax; biodiesel blending facility tax credit.

Section 7-9-80 - Repealed.

Section 7-9-80.1 - Repealed.

Section 7-9-81 - Repealed.

Section 7-9-82 - Repealed.

Section 7-9-83 - Deduction; gross receipts tax; jet fuel.

Section 7-9-84 - Deduction; compensating tax; jet fuel.

Section 7-9-85 - Deduction; gross receipts tax; certain organization fundraisers.

Section 7-9-86 - Deduction; gross receipts tax; sales to qualified film production company.

Section 7-9-87 - Deduction; gross receipts tax; lottery retailer receipts.

Section 7-9-88 - Repealed.

Section 7-9-88.1 - Credit; gross receipts tax; tax paid to certain tribes.

Section 7-9-88.2 - Credit; gross receipts tax; tax paid to Navajo Nation on receipts from selling coal.

Section 7-9-89 - Deduction; [gross receipts tax;] sales to certain accredited diplomats and missions.

Section 7-9-90 - Deductions; gross receipts tax; sales of uranium hexafluoride and enrichment of uranium.

Section 7-9-91 - Deduction; compensating tax; contributions of inventory to certain organizations and governmental agencies.

Section 7-9-92 - Deduction; gross receipts; sale of food at retail food store.

Section 7-9-93 - Deduction; gross receipts; certain receipts for services provided by health care practitioner or association of health care practitioners.

Section 7-9-94 - Deduction; gross receipts; military transformational acquisition programs.

Section 7-9-95 - Deduction; gross receipts tax; sales of certain tangible personal property; limited period.

Section 7-9-96 - Repealed.

Section 7-9-96.1 - Repealed.

Section 7-9-96.2 - Credit; gross receipts tax; unpaid charges for services provided in a hospital.

Section 7-9-96.3 - Technology readiness gross receipts tax credit; technology readiness gross receipts tax credit fund. (Repealed effective July 1, 2024.)

Section 7-9-97 - Deduction; gross receipts tax; receipts from certain purchases by or on behalf of the state.

Section 7-9-98 - Deduction; compensating tax; biomass-related equipment; biomass materials.

Section 7-9-99 - Deduction; gross receipts tax; sale of engineering, architectural and new facility construction services used in construction of certain public health care facilities.

Section 7-9-100 - Deduction; gross receipts tax; sale of construction equipment and construction materials used in new facility construction of a sole community provider hospital [qualifying hospital] that is located in a federally designated health...

Section 7-9-101 - Deduction; gross receipts; equipment for certain electric transmission or storage facilities.

Section 7-9-102 - Deduction; compensating tax; equipment for certain electric transmission or storage facilities.

Section 7-9-103 - Deduction; gross receipts; services provided for certain electric transmission and storage facilities.

Section 7-9-103.1 - Deduction; gross receipts tax; converting electricity.

Section 7-9-103.2 - Deduction; gross receipts; electricity exchange.

Section 7-9-104 - Deduction; gross receipts; nonathletic special event at post-secondary educational institution.

Section 7-9-105 - Credit for penalty pursuant to Section 7-1-71.2 NMSA 1978 [repealed].

Section 7-9-106 - Deduction; construction services and equipment.

Section 7-9-107 - Deduction; gross receipts tax; production or staging of professional contests.

Section 7-9-108 - Deduction; gross receipts; receipts from performing management or investment advisory services for mutual funds, hedge funds or real estate investment trusts.

Section 7-9-109 - Deduction; gross receipts tax; veterinary medical services, medicine or medical supplies used in medical treatment of cattle.

Section 7-9-110 - Deleted.

Section 7-9-110.1 - Deduction; gross receipts tax; locomotive engine fuel.

Section 7-9-110.2 - Deduction; compensating tax; locomotive engine fuel.

Section 7-9-110.3 - Purpose and requirements of locomotive fuel deduction.

Section 7-9-111 - Deduction; gross receipts; hearing aids and vision aids and related services.

Section 7-9-112 - Deduction; gross receipts; solar energy systems.

Section 7-9-113 - Repealed.

Section 7-9-114 - Advanced energy deduction; gross receipts and compensating taxes.

Section 7-9-115 - Deduction; gross receipts tax; goods and services for the department of defense related to directed energy and satellites.

Section 7-9-116 - Deduction; gross receipts tax; retail sales by certain businesses.

Section 7-9-117 - Deduction; gross receipts; governmental gross receipts; marketplace seller.

Section 7-9-118 - Deduction; gross receipts; food or beverage establishments.

Section 7-9-119 - Deduction; sales made by dispenser's license holder.