New Mexico Administrative Code
Title 3 - TAXATION
Chapter 2 - GROSS RECEIPTS TAXES
Part 123 - EXEMPTION - GROSS RECEIPTS TAX - NATURAL RESOURCES SUBJECT TO RESOURCES EXCISE TAX ACT
Section 3.2.123.9 - CLEARING LAND FOR MINING OPERATIONS
Universal Citation: 3 NM Admin Code 3.2.123.9
Current through Register Vol. 35, No. 18, September 24, 2024
Leveling or clearing land, including the removal of trees, brush and the overburden in order to prepare the land for mining operations, is "construction" under Section 7-9-3 NMSA 1978, and subject to the gross receipts tax. Such activity is not severing or processing pursuant to Section 7-9-35 NMSA 1978 and, therefore, is not exempt from the gross receipts tax.
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