New Mexico Administrative Code
Title 3 - TAXATION
Chapter 2 - GROSS RECEIPTS TAXES
Part 218 - IMPOSITION AND RATE OF GOVERNMENTAL GROSS RECEIPTS TAX
Section 3.2.218.9 - SERVICES, LEASES, CONSTRUCTION SERVICES

Universal Citation: 3 NM Admin Code 3.2.218.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Receipts from services performed for and from leases entered into with 501(c)(3) organizations are not deductible pursuant to Section 7-9-60 NMSA 1978.

B. Except as provided in Subsection C, receipts from selling construction, including construction material to a 501(c)(3) organization, are receipts derived from performing a service and are not eligible for the deduction pursuant to Section 7-9-60 NMSA 1978.

C. Receipts from selling construction material that is tangible personal property, whether removable on non-removable, that is or would be classified for depreciation purposes as three-year property, five-year property, seven-year property or 10-year property, including indirect costs related to the asset basis, by Section 168 of the Internal Revenue Code of 1986, as that section may be amended or renumbered, may be deducted from gross receipts when the sale is made to a 501(c)(3) organization.

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