SALT Report 1709 – The New Mexico Taxation and Revenue Department recently amended the gross receipts and compensating tax regulations regarding nexus and purchases of tangible personal property.
Regulation 220.127.116.11 provides that property acquired either inside or outside of New Mexico from a person located outside of New Mexico is subject to compensating tax if the purchased item would normally be subject to the gross receipts tax and is used in New Mexico. For compensating tax purposes the regulation considers transactions subject to the gross receipts tax if:
- The transaction would have been within New Mexico’s taxing jurisdiction,
- The receipts from the transaction would have been defined as gross receipts,
- The receipts would not have been deductible or exempt, and
- Taxation by New Mexico would not be pre-empted by federal law
Regulation 18.104.22.168 provides that tangible personal property, such as contract forms and promotional and administrative materials, provided to New Mexico dealers by out-of-state companies is considered property acquired through a transaction that would normally be subject to the gross receipts tax had the transaction occurred in or was acquired from a person that has nexus with New Mexico. Therefore, the tangible personal property is subject to compensating tax and should be paid by the dealer when the property is stored, used or consumed in New Mexico.
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