New Mexico Administrative Code
Title 3 - TAXATION
Chapter 2 - GROSS RECEIPTS TAXES
Part 116 - EXEMPTION - GROSS RECEIPTS TAX - OCCASIONAL SALE OF PROPERTY OR SERVICES
Section 3.2.116.8 - CRITERIA USED IN DETERMINING ISOLATED OR OCCASIONAL SALES
Current through Register Vol. 35, No. 18, September 24, 2024
The department will use the following criteria, but not exclusively, in determining whether or not a transaction involves only an "isolated or occasional" sale or lease:
A. the nature of the service or property;
B. the nature of the market for the service or property sold or leased;
C. the frequency of the service or property sold or leased;
D. any promotional activity such as advertising for the type of sale, business listing on a website, or in any media, physical or otherwise;
E. any holding themselves out as or representing as being in business by the seller or lessor; and
F. if found to be engaging in business pursuant to Section 7-9-3.3 NMSA 1978, the type of sale in relation to the transaction in question.
