New Mexico Statutes
Article 1 - Administration
Section 7-1-6.7 - Distributions; state aviation fund.

A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund in an amount equal to four and seventy-nine hundredths percent of the taxable gross receipts attributable to the sale of fuel specially prepared and sold for use in turboprop or jet-type engines as determined by the department.
B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund in an amount equal to twenty-six hundredths percent of gasoline taxes, exclusive of penalties and interest, collected pursuant to the Gasoline Tax Act [Chapter 7, Article 13 NMSA 1978].
C. From July 1, 2013 through June 30, 2031, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund in an amount equal to forty-six thousandths percent of the net receipts attributable to the gross receipts tax distributable to the general fund.
D. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state aviation fund from the net receipts attributable to the gross receipts tax distributable to the general fund in an amount equal to:
(1) eighty thousand dollars ($80,000) monthly from July 1, 2007 through June 30, 2008;
(2) one hundred sixty-seven thousand dollars ($167,000) monthly from July 1, 2008 through June 30, 2009; and
(3) two hundred fifty thousand dollars ($250,000) monthly after July 1, 2009.
History: 1978 Comp., § 7-1-6.7, enacted by Laws 1994, ch. 5, § 2; 1995, ch. 6, § 1; 1995, ch. 36, § 1; 2001, ch. 198, § 1; 2003, ch. 214, § 1; 2004, ch. 58, § 1; 2007, ch. 297, § 1; 2007, ch. 298, § 1; 2013, ch. 19, § 1; 2016, ch. 87, § 1; 2020, ch. 30, § 1.
Cross references. — For the general fund, see 6-4-2 NMSA 1978.
For state aviation fund, see 64-1-15 NMSA 1978.
Repeals and reenactments. — Laws 1994, ch. 5, § 2 repealed former 7-1-6.7 NMSA 1978, and enacted a new section, effective August 1, 1995.
Compiler's notes. — Laws 1995, ch. 36, § 2, effective June 16, 1995, repealed Laws 1993, ch. 364, § 4, which had repealed former 7-1-6.7 NMSA 1978, as amended by Laws 1993, ch. 364, § 3, effective July 1, 1995.
Subsection A of Laws 1995, ch. 6, § 20 repealed 7-1-6.7 NMSA 1978, as enacted by Laws 1994, ch. 5, § 3, which was to become effective August 1, 1997, effective June 16, 1995.
The 2020 amendment, effective July 1, 2020, in Subsection C, after "June 30", deleted "2021" and added "2031".
The 2016 amendment, effective July 1, 2016, extended to the year 2021 the distribution of the general fund gross receipts tax to the state aviation fund; and in Subsection C, changed "June 30, 2018" to "June 30, 2021".
The 2013 amendment, effective July 1, 2013, continued the distribution of forty-six thousandths percent of the gross receipts tax distributable to the general fund during the period from July 1, 2013 through June 30, 2018; and in Subsection C, at the beginning of the sentence, deleted "From July 1, 2002 through June 30, 2012" and added "From July 1, 2013 through June 30, 2018, a".
The 2007 amendment, effective July 1, 2007, in Subsection C, changed the ending date of the period in which distributions are made to the state aviation fund to June 30, 2012 and added Subsection D.
The 2004 amendments, effective March 4, 2004, amended Subsection A to change "four and thirty-one hundredths" to "four and seventy-nine hundredths" percent.
The 2003 amendment, effective August 1, 2003 substituted "four and thirty-one hundredths percent of the taxable" for "three and fifty-nine hundredths percent of the" near the middle of Subsection A.
The 2001 amendment, effective April 3, 2001, added Subsection C.
The 1995 amendment, effective August 1, 1995, substituted "three and fifty nine hundredths percent" for "two and fifteen hundredths percent" in Subsection A.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 7 - Taxation

Article 1 - Administration

Section 7-1-1 - Short title.

Section 7-1-2 - Applicability.

Section 7-1-2.1 - Repealed.

Section 7-1-2.2 - Repealed.

Section 7-1-3 - Definitions.

Section 7-1-4 - Investigative authority and powers.

Section 7-1-4.1 - New Mexico taxpayer bill of rights created; purpose.

Section 7-1-4.2 - New Mexico taxpayer bill of rights.

Section 7-1-4.3 - New Mexico taxpayer bill of rights; notice to the public.

Section 7-1-4.4 - Notice of potential eligibility required.

Section 7-1-5 - Repealed.

Section 7-1-6 - Receipts; disbursements; funds created.

Section 7-1-6.1 - Identification of money in tax administration suspense fund; distribution.

Section 7-1-6.2 - Distribution; small cities assistance fund.

Section 7-1-6.3 - Repealed.

Section 7-1-6.4 - Distribution; municipality from gross receipts tax.

Section 7-1-6.5 - Distribution; small counties assistance fund.

Section 7-1-6.6 - Distribution; game protection fund.

Section 7-1-6.7 - Distributions; state aviation fund.

Section 7-1-6.8 - Distribution; motorboat fuel tax fund.

Section 7-1-6.9 - Distribution of gasoline taxes to municipalities and counties.

Section 7-1-6.10 - Distributions; state road fund.

Section 7-1-6.11 - Distributions of cigarette taxes.

Section 7-1-6.12 - Transfer; revenues from municipal local option gross receipts and compensating taxes.

Section 7-1-6.13 - Transfer; revenues from county local option gross receipts and compensating taxes.

Section 7-1-6.14 - Repealed.

Section 7-1-6.15 - Adjustments of distributions or transfers to municipalities or counties.

Section 7-1-6.16 - County equalization distribution.

Section 7-1-6.17 - Repealed.

Section 7-1-6.18 - Distribution; veterans' state cemetery fund.

Section 7-1-6.19 - Distribution; county government road fund created.

Section 7-1-6.20 - Identification of money in extraction taxes suspense fund; distribution.

Section 7-1-6.21 - Distribution to oil and gas reclamation fund.

Section 7-1-6.22 - Distributions to oil and gas production tax fund, oil and gas equipment tax fund and copper production tax fund; creation of funds.

Section 7-1-6.23 - Distribution to severance tax bonding fund.

Section 7-1-6.24 - Distribution; substance abuse education fund.

Section 7-1-6.25 - Distribution of petroleum products loading fee; corrective action fund; local governments road fund.

Section 7-1-6.26 - County government road fund; distribution.

Section 7-1-6.27 - Distribution; municipal roads.

Section 7-1-6.28 - Distribution; municipal arterial program of local governments road fund.

Section 7-1-6.29 - Money in workers' compensation collections suspense fund; distribution.

Section 7-1-6.30 - Distribution; retiree health care fund.

Section 7-1-6.31 - Distributions; enhanced 911 fund; network and database surcharge fund.

Section 7-1-6.32 - Distribution; solid waste assessment fee.

Section 7-1-6.33 - Distribution to county-supported medicaid fund.

Section 7-1-6.34 - Distribution; conservation planting revolving fund.

Section 7-1-6.35 - Distribution; contributions to state political party.

Section 7-1-6.36 - Distribution; interstate telecommunications gross receipts tax.

Section 7-1-6.37 - Repealed.

Section 7-1-6.38 - Distribution; governmental gross receipts tax.

Section 7-1-6.39 - Distribution of special fuel excise tax to local governments road fund.

Section 7-1-6.40 - Distribution of liquor excise tax; local DWI grant fund; certain municipalities; drug court fund.

Section 7-1-6.41 - Administrative fee imposed; appropriation.

Section 7-1-6.42 - Distribution; state building bonding fund; gross receipts tax.

Section 7-1-6.42 - Distribution; state building bonding fund; gross receipts tax. (Contingent effective date. See note below.)

Section 7-1-6.43 - Distribution; oil and gas proceeds and pass-through entity withholding tax; magistrate retirement fund; judicial retirement fund; legislative retirement fund.

Section 7-1-6.44 - Distribution; gasoline tax sharing agreement.

Section 7-1-6.45 - Repealed.

Section 7-1-6.46 - Distribution to municipalities; offset for food deduction and health care practitioner services deduction.

Section 7-1-6.47 - Distribution to counties; offset for food deduction and health care practitioner services deduction.

Section 7-1-6.48 - Distribution; contributions to department of health; amyotrophic lateral sclerosis research.

Section 7-1-6.49 - Distribution; contributions to the state parks division.

Section 7-1-6.50 - Distribution; contributions for national guard member and family assistance.

Section 7-1-6.51 - Distribution; municipal event center surcharge.

Section 7-1-6.52 - Distribution adjustment; tax administration suspense fund; credit for certain sales of services for resale.

Section 7-1-6.53 - Distribution; energy efficiency and renewable energy bonding fund; gross receipts tax.

Section 7-1-6.54 - Distributions; tax increment development districts.

Section 7-1-6.55 - Repealed.

Section 7-1-6.56 - Repealed.

Section 7-1-6.57 - Repealed.

Section 7-1-6.58 - Distribution; public election fund.

Section 7-1-6.59 - Distribution; Vietnam veterans memorial operation, maintenance and improvement.

Section 7-1-6.60 - Distribution; county business retention gross receipts tax.

Section 7-1-6.61 - Distribution; oil and gas emergency school tax; excess extraction taxes suspense fund.

Section 7-1-6.62 - Distribution; premium tax.

Section 7-1-6.63 - Distribution; health care quality surcharge; health care facility fund; disability health care facility fund. (Repealed effective January 1, 2023.)

Section 7-1-6.64 - Repealed.

Section 7-1-6.65 - Distribution; gross receipts tax; technology readiness gross receipts tax credit fund. (Repealed effective July 1, 2024.)

Section 7-1-6.66 - Distribution; offset for food and beverage establishments deduction.

Section 7-1-6.67 - Distribution; Local Economic Development Act Fund.

Section 7-1-6.68 - Distribution; cannabis excise tax; municipalities and counties.

Section 7-1-6.69 - Distribution; health insurance premium surtax; health care affordability fund. (Effective January 1, 2022.)

Section 7-1-7 - Repealed.

Section 7-1-8 - Confidentiality of returns and other information.

Section 7-1-8.1 - Information that may be revealed to an employee of the department, a taxpayer or the taxpayer's representative.

Section 7-1-8.2 - Information required to be revealed.

Section 7-1-8.3 - Information that may be revealed to public.

Section 7-1-8.4 - Information that may be revealed to judicial bodies or with respect to judicial proceedings or investigations and to administrative hearings office.

Section 7-1-8.5 - Information that may be revealed to national governments or their agencies.

Section 7-1-8.6 - Information that may be revealed to certain tribal governments.

Section 7-1-8.7 - Information that may be revealed to other states or multistate administrative bodies.

Section 7-1-8.8 - Information that may be revealed to other state agencies.

Section 7-1-8.9 - Information that may be revealed to local governments and their agencies.

Section 7-1-8.10 - Information that may be revealed to private persons other than the taxpayer.

Section 7-1-8.11 - Information that may be revealed to a water and sanitation district.

Section 7-1-9 - Address of notices and payments; timely mailing constitutes timely filing or making.

Section 7-1-10 - Records required by statute; taxpayer records; accounting methods; reporting methods; information returns.

Section 7-1-11 - Inspection of books of taxpayers; exception for marketplace providers and marketplace sellers; credentials.

Section 7-1-11.1 - Managed audits.

Section 7-1-11.2 - Required audit notices.

Section 7-1-12 - Identification of taxpayers.

Section 7-1-12.1 - Department to designate production unit; index; identification by number or symbol.

Section 7-1-12.2 - Notice of identification number assigned; operator may request identification number.

Section 7-1-13 - Taxpayer returns; payment of taxes; extension of time.

Section 7-1-13.1 - Method of payment of certain taxes due.

Section 7-1-13.2 - Repealed.

Section 7-1-13.3 - Repealed.

Section 7-1-13.4 - Electronic payments; reversals.

Section 7-1-14 - Business location instructions for purposes of reporting gross receipts and use; location-code database and location-rate database.

Section 7-1-15 - Secretary may set tax reporting and payment intervals.

Section 7-1-15.1 - Secretary may permit or require rounding.

Section 7-1-15.2 - Agreements; collection of compensating tax.

Section 7-1-16 - Delinquent taxpayer.

Section 7-1-17 - Assessment of tax; presumption of correctness.

Section 7-1-17.1 - Tax liability; spouse or former spouse.

Section 7-1-18 - Limitation on assessment by department.

Section 7-1-19 - Limitation of actions.

Section 7-1-20 - Compromise of taxes; closing agreements.

Section 7-1-21 - Installment payments of taxes; installment agreements.

Section 7-1-21.1 - Special agreements; alternative gross receipts taxpayer.

Section 7-1-22 - Exhaustion of administrative remedies.

Section 7-1-23 - Disputing liabilities; election of remedies.

Section 7-1-24 - Disputing liabilities; administrative protest.

Section 7-1-24.1 - Repealed.

Section 7-1-25 - Appeals from hearing officer's decision and order.

Section 7-1-26 - Disputing liabilities; claim for credit, rebate or refund.

Section 7-1-26.1 - Repealed.

Section 7-1-27 - Conclusiveness of court order on liability for payment of tax.

Section 7-1-28 - Authority for abatements of assessments of tax.

Section 7-1-29 - Authority to make refunds or credits.

Section 7-1-29.1 - Awarding of costs and fees.

Section 7-1-29.2 - Credit claims.

Section 7-1-30 - Collection of penalties and interest.

Section 7-1-31 - Seizure of property by levy for collection of taxes.

Section 7-1-32 - Contents of warrant of levy.

Section 7-1-33 - Successive seizures.

Section 7-1-34 - Surrender of property subject to levy; penalty.

Section 7-1-35 - Stay of levy.

Section 7-1-36 - Property exempt from levy.

Section 7-1-37 - Assessment as lien.

Section 7-1-38 - Notice of lien.

Section 7-1-39 - Release or extinguishment of lien; limitation on actions to enforce lien.

Section 7-1-40 - Foreclosure of lien.

Section 7-1-41 - Notice of seizure.

Section 7-1-42 - Notice of sale.

Section 7-1-43 - Sale of indivisible property.

Section 7-1-44 - Requirements of sale.

Section 7-1-45 - Manner of sale or conversion to money.

Section 7-1-46 - Minimum prices.

Section 7-1-47 - Redemption before sale.

Section 7-1-48 - Documents of title.

Section 7-1-49 - Legal effect of certificate of sale.

Section 7-1-50 - Legal effect of deed to real property.

Section 7-1-51 - Proceeds of levy and sale.

Section 7-1-52 - Release of levy.

Section 7-1-53 - Enjoining delinquent taxpayer from continuing in business.

Section 7-1-54 - Security for payment of tax.

Section 7-1-55 - Contractor's bond for gross receipts; tax; penalty.

Section 7-1-56 - Sale of or proceedings against security.

Section 7-1-57 - Surety bonds.

Section 7-1-58 - Permanence of tax debt; civil actions to collect tax.

Section 7-1-59 - Jeopardy assessments.

Section 7-1-60 - Estoppel against state.

Section 7-1-61 - Duty of successor in business.

Section 7-1-62 - Duty of secretary; release of successor.

Section 7-1-63 - Assessment of tax due; application of payment.

Section 7-1-64 - Repealed.

Section 7-1-65 - Reciprocal enforcement of tax judgments.

Section 7-1-66 - Immunity of property of Indian nations, tribes or pueblos and of the United States.

Section 7-1-67 - Interest on deficiencies.

Section 7-1-67.1 - Repealed.

Section 7-1-68 - Interest on overpayments.

Section 7-1-69 - Civil penalty for failure to pay tax or file a return.

Section 7-1-69.1 - Civil penalty for failure to file an information return.

Section 7-1-69.2 - Civil penalty for failure to correctly file certain deductions.

Section 7-1-70 - Civil penalty for bad checks.

Section 7-1-71 - Civil penalty for failure to collect and pay over tax.

Section 7-1-71.1 - Tax return preparers; requirements; penalties.

Section 7-1-71.2 - Repealed.

Section 7-1-71.3 - Willful failure to collect and pay over taxes.

Section 7-1-71.4 - Tax return preparer; electronic filing requirement; penalty.

Section 7-1-72 - Attempts to evade or defeat tax.

Section 7-1-72.1 - Civil penalty; willful attempt to cause evasion of another's tax.

Section 7-1-73 - Tax fraud.

Section 7-1-74 - Interference or attempts corruptly, forcibly or by threat to interfere with administration of revenue laws.

Section 7-1-75 - Assault and battery of a department employee.

Section 7-1-76 - Revealing information concerning taxpayers.

Section 7-1-77 - Timeliness when last day for performance falls on Saturday, Sunday or legal holiday.

Section 7-1-78 - Burden of proof in fraud cases.

Section 7-1-79 - Enforcement officials.

Section 7-1-80 - Dissolution or withdrawal of corporation.

Section 7-1-81 - Repealed.

Section 7-1-82 - Transfer, assignment, sale, lease or renewal of liquor license.

Section 7-1-83 - Business and employee status during disaster response period.