New Mexico Administrative Code
Title 3 - TAXATION
Chapter 2 - GROSS RECEIPTS TAXES
Part 206 - DEDUCTION - GROSS RECEIPTS TAX - SALE OF A SERVICE FOR RESALE
Section 3.2.206.11 - CERTAIN SERVICES WHICH ARE USED AND NOT RESOLD
Services performed in New Mexico which are deductible by the buyer under the provisions of the Internal Revenue Code as ordinary and necessary business expenses and services which are to be capitalized under the provisions of the Internal Revenue Code are "used" for purposes of Subsection B of Section 7-9-7 NMSA 1978 and are not purchased for resale pursuant to the provisions of Section 7-9-48 NMSA 1978. If the buyer has issued a nontaxable transaction certificate for the purchase of services which were in fact resold and subsequently obtains other services which are used by the buyer, the buyer is liable pursuant to Subsection B of Section 7-9-7 NMSA 1978 for compensating tax on the value of the services.