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Gross Receipts and Compensating Tax
Law
New Mexico Statutes
Taxation
Gross Receipts and Compensating Tax
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Section
7-9-1
Short title.
Section
7-9-2
Purpose.
Section
7-9-3
Definitions.
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Repealed.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 and construction materials.
Section
7-9-3.4
Definitions; construction, construction materials and construction-related services. (Effective July 1, 2021.)
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Repealed.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Repealed.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
Imposition and rate of tax; denomination as "compensating tax". (Effective July 1, 2021.)
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Repealed.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; services performed outside the state the product of which is initially used in New Mexico; exceptions.
Section
7-9-13.1
Exemption; gross receipts tax; certain services. (Effective July 1, 2021.)
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
7-9-47
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.
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.
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 professional shortage area.
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.