Gross Receipts and Compensating Tax Act

New Mexico · Taxation · §§ 7-9-1 to 7-9-99 · 192 sections

Overview

The Gross Receipts and Compensating Tax Act governs New Mexico's gross receipts tax, its companion compensating (use) tax, and the governmental gross receipts tax, setting out how those taxes apply and when payment is due. Its principal mechanisms are exemptions that place certain receipts and transactions outside the tax entirely — including those of governmental agencies, certain services, receipts already subject to other taxes, and specified surcharges — and a large body of deductions that narrow the taxable base for particular goods, services, and industries, such as electric transmission and storage facilities, solar and geothermal generation, locomotive fuel, hearing and vision aids, veterinary supplies for cattle, defense-related directed energy and satellite work, investment management services, and certain retail and marketplace sales. The act also provides at least one credit against gross receipts tax, and its provisions are periodically added to, repealed, or amended as the legislature adjusts which activities receive favorable treatment.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 29 court decisions.

Most-cited authority: 455 U.S. 720 - United States v. New Mexico

Sections covered

§ 7-9-1 NMSA 1978Short title6 cites
§ 7-9-10 NMSA 1978Repealed
§ 7-9-100 NMSA 1978Deduction; 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
§ 7-9-101 NMSA 1978Deduction; gross receipts; equipment for certain electric transmission or storage facilities
§ 7-9-102 NMSA 1978Deduction; compensating tax; equipment for certain electric transmission or storage facilities
§ 7-9-103 NMSA 1978Deduction; gross receipts; services provided for certain electric transmission and storage facilities
§ 7-9-103.1 NMSA 1978Deduction; gross receipts tax; converting electricity
§ 7-9-103.2 NMSA 1978Deduction; gross receipts; electricity exchange
§ 7-9-104 NMSA 1978Deduction; gross receipts; nonathletic special event at post-secondary educational institution
§ 7-9-105 NMSA 1978Repealed
§ 7-9-106 NMSA 1978Repealed
§ 7-9-107 NMSA 1978Deduction; gross receipts tax; production or staging of professional contests
§ 7-9-108 NMSA 1978Deduction; gross receipts; receipts from performing management or investment advisory services for mutual funds, hedge funds or real estate investment trusts
§ 7-9-109 NMSA 1978Deduction; gross receipts tax; veterinary medical services, medicine or medical supplies used in medical treatment of cattle
§ 7-9-11 NMSA 1978Date payment due
§ 7-9-110 NMSA 1978Deleted
§ 7-9-110.1 NMSA 1978Deduction; gross receipts tax; locomotive engine fuel
§ 7-9-110.2 NMSA 1978Deduction; compensating tax; locomotive engine fuel
§ 7-9-110.3 NMSA 1978Purpose and requirements of locomotive fuel deduction
§ 7-9-111 NMSA 1978Deduction; gross receipts; hearing aids and vision aids and related services
§ 7-9-112 NMSA 1978Deduction; gross receipts; solar energy systems
§ 7-9-112.1 NMSA 1978Deductions; gross receipts tax; compensating tax; geothermal electricity generation-related sales and use
§ 7-9-113 NMSA 1978Repealed
§ 7-9-114 NMSA 1978Repealed
§ 7-9-115 NMSA 1978Deduction; gross receipts tax; goods and services for the department of defense related to directed energy and satellites
§ 7-9-116 NMSA 1978Deduction; gross receipts tax; retail sales by certain businesses
§ 7-9-117 NMSA 1978Deduction; gross receipts; governmental gross receipts; marketplace seller
§ 7-9-118 NMSA 1978Repealed
§ 7-9-119 NMSA 1978Deduction; sales made by dispenser's license holder
§ 7-9-12 NMSA 1978Exemptions2 cites
§ 7-9-120 NMSA 1978Deduction; gross receipts and governmental gross receipts; feminine hygiene products
§ 7-9-121 NMSA 1978Credit; gross receipts tax; legal services for wildfire compensation recovery
§ 7-9-12.1 NMSA 1978Repealed
§ 7-9-13 NMSA 1978Exemption; gross receipts tax; governmental agencies1 cite
§ 7-9-13.1 NMSA 1978Exemption; gross receipts tax; certain services2 cites
§ 7-9-13.2 NMSA 1978Exemption; governmental gross receipts tax; receipts subject to certain other taxes
§ 7-9-13.3 NMSA 1978Exemption; gross receipts tax and governmental gross receipts tax; stadium surcharge
§ 7-9-13.4 NMSA 1978Exemption; gross receipts tax; sale of textbooks from certain bookstores to enrolled students
§ 7-9-13.5 NMSA 1978Exemption; gross receipts tax and governmental gross receipts tax; event center surcharge
§ 7-9-14 NMSA 1978Exemption; compensating tax; governmental agencies; Indians
§ 7-9-15 NMSA 1978Exemption; compensating tax; certain organizations
§ 7-9-16 NMSA 1978Repealed
§ 7-9-17 NMSA 1978Exemption; gross receipts tax; wages
§ 7-9-18 NMSA 1978Exemption; gross receipts tax and governmental gross receipts tax; agricultural products
§ 7-9-18.1 NMSA 1978Exemption; gross receipts tax; supplemental nutrition assistance program benefits
§ 7-9-19 NMSA 1978Exemption; gross receipts tax; livestock feeding
§ 7-9-2 NMSA 1978Purpose
§ 7-9-20 NMSA 1978Exemption; gross receipts tax; certain receipts of homeowners associations
§ 7-9-21 NMSA 1978Repealed
§ 7-9-22 NMSA 1978Exemption; gross receipts tax; vehicles
§ 7-9-22.1 NMSA 1978Exemption; gross receipts tax; boats
§ 7-9-23 NMSA 1978Exemption; compensating tax; vehicles
§ 7-9-23.1 NMSA 1978Exemption; compensating tax; boats
§ 7-9-24 NMSA 1978Exemption; gross receipts tax; insurance companies
§ 7-9-25 NMSA 1978Exemption; gross receipts tax; dividends and interest
§ 7-9-26 NMSA 1978Exemption; gross receipts and compensating tax; fuel
§ 7-9-26.1 NMSA 1978Exemption; gross receipts tax and compensating tax; fuel for space vehicles
§ 7-9-27 NMSA 1978Exemption; compensating tax; personal effects
§ 7-9-28 NMSA 1978Exemption; gross receipts tax; occasional sale of property or services
§ 7-9-29 NMSA 1978Exemption; gross receipts tax; certain organizations; exceptions
§ 7-9-3 NMSA 1978Chapter 7 — Taxation › Article 9 — Gross Receipts and Compensating Tax6 cites
§ 7-9-30 NMSA 1978Exemption; compensating tax; railroad equipment, aircraft and space vehicles
§ 7-9-31 NMSA 1978Exemption; gross receipts and compensating tax; resale activities of an armed forces instrumentality
§ 7-9-3.1 NMSA 1978Repealed
§ 7-9-32 NMSA 1978Exemption; gross receipts tax; oil and gas or mineral interests
§ 7-9-3.2 NMSA 1978Additional definition
§ 7-9-33 NMSA 1978Exemption; gross receipts tax; products subject to Oil and Gas Emergency School Tax Act
§ 7-9-3.3 NMSA 1978Definition; engaging in business
§ 7-9-34 NMSA 1978Exemption; gross receipts tax; refiners and persons subject to Natural Gas Processors Tax Act
§ 7-9-3.4 NMSA 1978Definitions; construction, construction materials and construction-related services
§ 7-9-35 NMSA 1978Exemption; gross receipts tax; natural resources subject to Resources Excise Tax Act
§ 7-9-3.5 NMSA 1978Definition; gross receipts1 cite
§ 7-9-36 NMSA 1978Exemption; gross receipts tax; oil and gas consumed in the pipeline transportation of oil and gas products
§ 7-9-37 NMSA 1978Exemption; compensating tax; use of oil and gas in the pipeline transportation of oil and gas products
§ 7-9-38 NMSA 1978Exemption; compensating tax; use of electricity in the production, conversion and transmission of electricity
§ 7-9-38.1 NMSA 1978Exemption; gross receipts tax; interstate telecommunications services
§ 7-9-38.2 NMSA 1978Exemption; gross receipts tax; sale of certain telecommunications services
§ 7-9-39 NMSA 1978Exemption; gross receipts tax; fees from social organizations
§ 7-9-4 NMSA 1978Imposition and rate of tax; denomination as "gross receipts tax"4 cites
§ 7-9-40 NMSA 1978Exemption; gross receipts tax; purses and jockey remuneration at New Mexico racetracks; receipts from gross amounts wagered
§ 7-9-41 NMSA 1978Exemption; gross receipts tax; religious activities1 cite
§ 7-9-4.1 NMSA 1978Repealed
§ 7-9-41.1 NMSA 1978Exemption; gross receipts tax and governmental gross receipts tax; athletic facility surcharge
§ 7-9-41.2 NMSA 1978Deleted
§ 7-9-41.3 NMSA 1978Exemption; receipts from sales by disabled street vendors
§ 7-9-41.4 NMSA 1978Exemption; officiating at New Mexico activities association-sanctioned school events
§ 7-9-41.5 NMSA 1978Exemption; nonprofit hospitals from local option gross receipts taxes
§ 7-9-41.6 NMSA 1978Exemption; gross receipts; certain health care providers from certain federal payments
§ 7-9-42 NMSA 1978Repealed
§ 7-9-4.2 NMSA 1978Repealed
§ 7-9-43 NMSA 1978Nontaxable transaction certificates and other evidence required to entitle persons to deductions
§ 7-9-4.3 NMSA 1978Imposition and rate of tax; denomination as "governmental gross receipts tax"
§ 7-9-43.1 NMSA 1978Nontaxable transaction certificates not required by liquor wholesalers
§ 7-9-44 NMSA 1978Repealed
§ 7-9-45 NMSA 1978Deductions
§ 7-9-46 NMSA 1978Chapter 7 — Taxation › Article 9 — Gross Receipts and Compensating Tax1 cite
§ 7-9-46.1 NMSA 1978Deduction; gross receipts; governmental gross receipts; sales of services to manufacturers
§ 7-9-47 NMSA 1978Deduction; gross receipts tax; governmental gross receipts tax; sale of tangible personal property or licenses for resale
§ 7-9-48 NMSA 1978Deduction; gross receipts tax; governmental gross receipts; sale of a service for resale
§ 7-9-49 NMSA 1978Deduction; gross receipts tax; sale of tangible personal property and licenses for leasing
§ 7-9-5 NMSA 1978Presumption of taxability1 cite
§ 7-9-50 NMSA 1978Deduction; gross receipts tax; lease for subsequent lease
§ 7-9-51 NMSA 1978Deduction; gross receipts tax; sale of construction material to persons engaged in the construction business1 cite
§ 7-9-51.1 NMSA 1978Repealed
§ 7-9-51.2 NMSA 1978Deduction; gross receipts; sale of construction materials and labor used for the development of affordable housing multifamily residential housing projects. (Effective July 1, 2027.)
§ 7-9-52 NMSA 1978Deduction; gross receipts tax; sale of construction services and construction-related services to persons engaged in the construction business
§ 7-9-52.1 NMSA 1978Deduction; gross receipts tax; lease of construction equipment to persons engaged in the construction business
§ 7-9-53 NMSA 1978Deduction; gross receipts tax; sale or lease of real property and lease of manufactured homes1 cite
§ 7-9-54 NMSA 1978Deduction; gross receipts tax; governmental gross receipts tax; sales to governmental agencies
§ 7-9-54.1 NMSA 1978Deduction; gross receipts from sale of aerospace services to certain organizations
§ 7-9-54.2 NMSA 1978Gross receipts; deduction; spaceport operation; space operations; launching, operating and recovering space vehicles or payloads; payload services; operationally responsive space program services
§ 7-9-54.3 NMSA 1978Deduction; gross receipts tax; wind and solar generation equipment; energy storage equipment; sales to governments
§ 7-9-54.4 NMSA 1978Deduction; compensating tax; space-related test articles
§ 7-9-54.5 NMSA 1978Deduction; compensating tax; test articles
§ 7-9-55 NMSA 1978Deduction; gross receipts tax; governmental gross receipts tax; transaction in interstate commerce
§ 7-9-56 NMSA 1978Deduction; gross receipts tax; intrastate transportation and services in interstate commerce1 cite
§ 7-9-56.1 NMSA 1978Deduction; gross receipts tax; internet services
§ 7-9-56.2 NMSA 1978Deduction; gross receipts tax; hosting world wide web sites
§ 7-9-56.3 NMSA 1978Deduction; gross receipts; trade-support company in a border zone
§ 7-9-57 NMSA 1978Deduction; gross receipts tax; sale of certain services to an out-of-state buyer
§ 7-9-57.1 NMSA 1978Repealed
§ 7-9-57.2 NMSA 1978Deduction; gross receipts tax; sale of software development services
§ 7-9-58 NMSA 1978Deduction; gross receipts tax; feed; fertilizers
§ 7-9-58.1 NMSA 1978Credit; gross receipts tax; sale of dyed special fuel used for agricultural purposes
§ 7-9-59 NMSA 1978Deduction; gross receipts tax; warehousing, threshing, harvesting, growing, cultivating and processing agricultural products; testing or transporting milk
§ 7-9-6 NMSA 1978Separately stating the gross receipts tax
§ 7-9-60 NMSA 1978Deduction; gross receipts tax; governmental gross receipts tax; sales to certain organizations1 cite
§ 7-9-61 NMSA 1978Repealed
§ 7-9-61.1 NMSA 1978Deduction; gross receipts tax; certain receipts
§ 7-9-61.2 NMSA 1978Deduction; receipts from sales to state-chartered credit unions
§ 7-9-62 NMSA 1978Deduction; gross receipts tax; agricultural implements; aircraft manufacturers; vehicles that are not required to be registered; aircraft parts and maintenance services; reporting requirements
§ 7-9-62.1 NMSA 1978Deduction; gross receipts tax; aircraft sales and services; reporting requirements
§ 7-9-63 NMSA 1978Deduction; gross receipts tax; publication sales
§ 7-9-64 NMSA 1978Deduction; gross receipts tax; newspaper sales
§ 7-9-65 NMSA 1978Deduction; gross receipts tax; chemicals and reagents
§ 7-9-66 NMSA 1978Deduction; gross receipts tax; commissions
§ 7-9-66.1 NMSA 1978Deduction; gross receipts tax; certain real estate transactions
§ 7-9-67 NMSA 1978Deduction; gross receipts tax; governmental gross receipts tax; refunds; uncollectible debts
§ 7-9-68 NMSA 1978Deduction; gross receipts tax; warranty obligations
§ 7-9-69 NMSA 1978Deduction; gross receipts tax; administrative and accounting services
§ 7-9-7 NMSA 1978Imposition and rate of tax; denomination as "compensating tax"
§ 7-9-70 NMSA 1978Deduction; gross receipts tax; rental or lease of vehicles used in interstate commerce
§ 7-9-71 NMSA 1978Deduction; gross receipts tax; trade-in allowance
§ 7-9-7.1 NMSA 1978Department barred from taking collection actions with respect to certain tax liabilities
§ 7-9-72 NMSA 1978Repealed
§ 7-9-7.2 NMSA 1978Authority to establish standards for certified service providers
§ 7-9-73 NMSA 1978Deduction; gross receipts tax; governmental gross receipts; sale of prosthetic devices
§ 7-9-73.1 NMSA 1978Deduction; gross receipts; governmental gross receipts; hospitals
§ 7-9-73.2 NMSA 1978Deduction; gross receipts tax and governmental gross receipts tax; prescription drugs; oxygen; cannabis
§ 7-9-73.3 NMSA 1978Deduction; gross receipts tax and governmental gross receipts tax; durable medical equipment; medical supplies
§ 7-9-73.4 NMSA 1978Deduction; gross receipts tax; environmental modifications for medicaid recipients
§ 7-9-74 NMSA 1978Repealed
§ 7-9-75 NMSA 1978Deduction; gross receipts tax; sale of certain services performed directly on product manufactured
§ 7-9-76 NMSA 1978Deduction; gross receipts tax; travel agents' commissions paid by certain entities
§ 7-9-76.1 NMSA 1978Deduction; gross receipts tax; certain manufactured homes
§ 7-9-76.2 NMSA 1978Deduction; gross receipts tax; films and tapes
§ 7-9-77 NMSA 1978Deductions; compensating tax
§ 7-9-77.1 NMSA 1978Deduction; gross receipts tax; certain medical and health care services
§ 7-9-77.2 NMSA 1978Deductions; gross receipts; child care assistance through a licensed child care assistance program; pre-kindergarten services by for-profit pre-kindergarten providers
§ 7-9-78 NMSA 1978Deductions; compensating tax; use of tangible personal property for leasing
§ 7-9-78.1 NMSA 1978Deduction; compensating tax; uranium enrichment plant equipment
§ 7-9-79 NMSA 1978Credit; compensating tax
§ 7-9-79.1 NMSA 1978Credit; gross receipts tax; services
§ 7-9-79.2 NMSA 1978Repealed
§ 7-9-8 NMSA 1978Presumption of taxability and value
§ 7-9-80 NMSA 1978Repealed
§ 7-9-80.1 NMSA 1978Repealed
§ 7-9-81 NMSA 1978Repealed
§ 7-9-82 NMSA 1978Repealed
§ 7-9-83 NMSA 1978Deduction; gross receipts tax; jet fuel
§ 7-9-84 NMSA 1978Deduction; compensating tax; jet fuel
§ 7-9-85 NMSA 1978Deduction; gross receipts tax; certain organization fundraisers
§ 7-9-86 NMSA 1978Repealed
§ 7-9-87 NMSA 1978Deduction; gross receipts tax; lottery retailer receipts
§ 7-9-88 NMSA 1978Repealed
§ 7-9-88.1 NMSA 1978Credit; gross receipts tax; tax paid to certain tribes
§ 7-9-88.2 NMSA 1978Credit; gross receipts tax; tax paid to Navajo Nation on receipts from selling coal
§ 7-9-89 NMSA 1978Deduction; [gross receipts tax;] sales to certain accredited diplomats and missions
§ 7-9-9 NMSA 1978Liability of user for payment of compensating tax
§ 7-9-90 NMSA 1978Deductions; gross receipts tax; sales of uranium hexafluoride and enrichment of uranium
§ 7-9-91 NMSA 1978Deduction; compensating tax; contributions of inventory to certain organizations and governmental agencies
§ 7-9-92 NMSA 1978Deduction; gross receipts; sale of food at retail food store
§ 7-9-93 NMSA 1978Deduction; gross receipts; certain receipts for services provided by health care practitioner or association of health care practitioners
§ 7-9-94 NMSA 1978Deduction; gross receipts; military transformational acquisition programs
§ 7-9-95 NMSA 1978Deduction; gross receipts tax; sales of certain tangible personal property; limited period
§ 7-9-96 NMSA 1978Repealed
§ 7-9-96.1 NMSA 1978Repealed
§ 7-9-96.2 NMSA 1978Credit; gross receipts tax; unpaid charges for services provided in a hospital
§ 7-9-96.3 NMSA 1978Technology readiness gross receipts tax credit
§ 7-9-97 NMSA 1978Deduction; gross receipts tax; receipts from certain purchases by or on behalf of the state
§ 7-9-98 NMSA 1978Deduction; compensating tax; biomass-related equipment; biomass materials
§ 7-9-99 NMSA 1978Deduction; gross receipts tax; sale of engineering, architectural and new facility construction services used in construction of certain public health care facilities

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