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637 TOWN OF TAOS dRDIPdANCES YEAR: 0 NUMBER: 637 I 4 � ORDINANCE NO, 637 Ali O71)I:?%\'1Ci, r✓;.'t'.0"'I'I) PUPc;WIT TO C:IIM17.'I:i'. 16 (S .S. ) OP '':11L L? -,S OF 1975 IMPOSTIM, it t4I:'IIC:IP'\I, GROSS RI-CF.IPTS TAX LE IT ORDAI-,ED 13Y TIM. n0%rr.l'II�IG BODY Or J TOWN OF TAOS THAT: I Section 1. MI LE. -- This ordinance nay be cited as the " Municinal Cross Receipts Ta Ordinance . " Section 2. MCLnP?1TI01! OF INT17*T Akin PURPOSE. — Pursuant to the Municipal Cross Ileceints Tax Act (Chanter 1(-,* (S .S . ) of the I,aws of 1975) which authorizes municinalities to enact a nunicinal dross rcceints tax, it is Iterebv doclareO. the Durpose and intent of the Roverning body of to so enact an ordinance i:nnosing a dross recein`s tw, of one-fourth ( 1/4) of one per cant (1�-) in ri 1 r ss n n m-� n a � co.,,nl:..�,r.cc c�itiZ the iIunici?._.1 ro�� �.c�c,.ipts _ua Act. I ,. is further declared the nurnoso and intent of t'lis ordinance to c0,` Forr- t0 the 0cfinitlons an' applicable dross receipts ta:: ?:rovisio.is of the :Iew ."Icxico Gross Receipts and Compensating i 'La Act an(I any irterprctation of this ordinance should he 1Z: c0:'?lormi with the c nolic-;'?1L snctlon s of the Gross -'Cc,2i nt's d and !'n,, reps tir,n ".'a:: Act. i n tier: TOWN OF TAOS :•Iuni.ci-)a1 Gtocs Pccr2i�)ts Ta:: Ordinance ; ?:. ":Jurcau" means tilt :Jow I:e::ico bureau of revenue, the coTM�,~�i�sio"cr of rep►can.,., or any, onnl.ovee of the bureau exercising . authority lawfully delegated to him by the commissioner; B. "buying" or "selling" means any transfer of property for consideration or any performance of service for consideration; C. "construction" means building, altering, repairing or demolishing in the ordinary course of business any: (1) road, highway, bridge, par'-ing area or related project; (2) building, stadium or other structure; (3) airport, subway or similar facility; (4 ) par}: , trail, athletic field, golf course or si:ni?nr facility; (S) cram, reservoir. , canal, ditch or similar facility; (G) son.-cracic or o:at-r treatment facility, power ooncratinr-: nlant, purity station , natural gas cor.pressinct station or similar facility; (7) sewerage, water, Ras or other pipeline; (3) transmission line ; (9) radio or other tower; (10) crater, oil or other storage tank; (11 ) shaft , tunnel or other mining appurtenance; or (12) similar work ; "construction" also means: (13) levelinn or clearing land; (14) excavating earth; -2- (15) c,ri lli nr- :�l :s of any>� t•�-�e, i.nclurlinr, sci.sroaranh shot holes or core drilling ; or (10) sir..ilar worn ; U. " financial corporation" means any savings and loan association, or any incorno.rated savings and loan company, trust company, mortgage banking company, consumer finance company or other financial corporation; E. "engaainq in business" means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit; F. "dross receipts" -.cans the total amount of money or t e va.'•.un of other consideration , received from selling nronerty, frcr I­--is.inr. or F:--,T ner`nrm n'1 services, and includes an,.., r,�cnints `rom sal- s of tangihlc� p^rs,nnnl nroncrty handled on consi„r.:rnrt Sul cash allowed and taken, =-Io::i ro cYros r:2c. nts ':,i%: �`•a} .lr� on transactions the t ,-�i Lions Lor t.i re--)orti­-r ncrio(: and taxes imilose6 Pursuant to the provisions of t;,c Count" �.'ax 'lct, tine County Cross :'.eceintS Tax Act, or ti;c 'unici-)nl :,Voss Pec„�i-)ts Tax Act which are payable on transactions foi t;:e reportinq period and any type of time-price C12Frern::ti?1. in an e.xc::anc;e in whicri the money or other consideration rcceivec, does not represent the value of the property or scrvicc exchanged , "cross receipts” means the reasonable value of the -property or service e:{changed. -3- ;y1'Ii servic(- i`i made un!:^r any t`%rJQ.. Of ch-ArcTC , COnOit-ional or tine sale, contract Or the leas- ing of pro-)ert,v is mace uncler a leasincr contract, the seller or lessor ma.v elect to treat all receipts , excludinq any type of ti:ic-price differential , under such contracts as cross receipts as and when the pavmcnts are actually received. If the seller or lessor transfers his interest in any such contract to a third :person , he shall nay the gross receipts ta:: upon the `' 11 sale or leasing contract amount , excludincr any t-�pe of tine-price (liff.erential. "moan reccint s , " for the nurnosos of the business of buvi.na, 3:�1iin- or prnmotinq tl,.o purcli-sn , sale or leasing, as factor, " 7cnt o)- :r�::'r, On "1 ';71'.i"l. ;_,i-,:. or fc(c .:nSis , of in, pronert'J , 'rviC ' , :stn^'' , :)on(1 nT :,^'"_12"1`:" :.ncl,v c, nnl,�' th.:� total. co:'mis- Ji_ons or t':.:i dcrlwi(s 'Irror' �..1� ;:_ :i1nCa:i • n " or nrocessincT components cr ratcri_31:; to incroase their value for sale in the ordinary courso of '.r;s fines r. but do-s not include construction; ( : ) an,: in(livic;ual , ^state, trust, receiver, co- 1'3OC.iatinn, C1,1:), car: oration , co'*oany, firr^., partner- joint _::nture , s'.nc?icato or other c"itity, including any r,•?s , t';ator or eloctrlc Utility v..-ned or onnrated by a county, nunicinalit:' or other- political subdivision of the state; or (1) tine united States or any agency or instrumentality -4- or can-, poll`.Lcal sul)(1-i",ri lion thereof; I . "nroner.ty" means real nroperty, tangible personal property , licenses , franchises , Patents , trademarks and copy- riahts . Tangible personal proper.ty includes electricity; J. "lcasi.nq" means any arrangement whereby, for a consi- deration , property is employed for or by any person other than the owner of the }property; K. "service" means all activities engaged in for other persons for a consideration , which activities involve primarily th-, ncrf.ormince of a service as distMnquished from selling lnc,I u(!(?s con7tr'.rtion activltins a,'I all tangible 1 ncrsonil -)rn-i rt• that an ingredient or cor^nonent n1r.t of ra con.,;tru, `lion nroj,:-ct. sales of ttnaible )ersonal nr•-)-)r-rty iat will. hecomtc at1 inarodient or component part- of a constr.urtion nroj^ct to persons engaged in the construc- tion Ib; :-,in(!ss arc sales of tanoihle nersonal pr_onerty; 1., "usn-" or "usinr." includes i_iso , consumption or storage other t:itzn storivre for sul:)se,-ruent sale in the ordinary course of business or for use solrily outside this state; :I. llmunicinali.ty" means thy_ i 12AOS and N. 11municipa1 gross receipts tax" means the municipal gross receipts ta:: imposed by the -5- ,Iun. !CL•?cnl_ P.-ro s." r'CCCint `1 "ax Ordinance. section 4 . I;1PnSITIn'1 n!, OP �.. ^here is her.ehv irmnosod on any Person engaaina in business in the municipality for the privilege of enclactinq in business in the municipality an excise tax to be referred to as the "municipal gross receipts tax. " The rate of the tax shall be equal to 1/4 of 1 per cent of the gross receipts of the person engaaina in business . B. To prevent evasion of the municipal gross receipts tax and to aid in its administration, it is presumed that all reecirts of a o,:�rson encaacrina in business within the r*.iunieinalittr are 3'.11joc:t tc ^,"nici-nl C7rO7,S rccoint `.a%. cti l:. i . rw nsj•2 r)T7 riT,,nC!'T:Ps. -- `.11 r;:•^:: ..^s c;i.strihut^(I to the launi.cinality av t1lt? bureau oursua:zt `_o t'.:^ nrovi.-,ions of t;)(-- "unicinal Gross neceints Tai: 'pct sisal '_ :-ia denositcd into the general fund of the mun.ici.nZlity. Section 6 . S7n1% '."r"r-'T,V Slr7\1_'I'IG TI!r III 1ICIPAY, CpnF;S r.£'C'I'I'PTS r�w .,::en ttic municipal dross receipts tax is stated separately o:-i t:. Lo-) -s of th(i seller or lessor, and if- the total amount of to:: that is st:-!t^.(i senarately on transactions rennrtrnl)lt- wit:lin one renortinn nr_rioc', is in excess of the amount of municinal gross receipts tax otheniise payable on the trans- actions on which the tax Baas stated sr_narately, the excess -6- f t �^ tie(! tY.1;. within that rrnortinc, perioc? shall he included in gross receipts. Section 7. DA T, PTY'r;::'111 1)[.'1:.-- '"ho tares imnoseO by this ordinance are to be paid on or before the twenty-fifth day of the morith following the month in which the taxable event occurs or as otherwise authorized by the bureau. Section 8. EXEMPTIn:IS. -- A. No m..unici.nal cTross receipts tax shall be imposed on the dross receipts arising from: (1 ) the transmission of r:(--,ssages by wire or other r..oans from one point wit:,,-in thn riunicipality to another point ol.itsid,.i of tau rvinicinalit,, (2 ) `?'cZ:-sno r`-i nr nc r sans or nronerty for hlrn b- railr i- ., rro~nr '.'.'ii1C 1 ' � .iir t~ansnortation or anv other Titans from onrr Mint: i7i t hi r. t:ic -11inic1 :)alit'.' to anot'. nr point outside the municinalit1 . L' . *:-nrin, tet.I from thr� riunicina l dross receipts tax are those recei-)t:. in naranrar)hs (1) throucTh (23) of tiIis sabsec:tion, of section 8 of the Municipal Gross Peceints ( 1) Covernmental aqencies--Exempted from the rnunici nal gross receipts tax are the receipts of the United States or any agency or instrumentality thereof or the state of ;Iew Mexico or an,,, political subdivisiori thereof. . -7- fro-,, t'io sale of r•,:a5 , mater or elcctricity by a utility owned or operated by a county, municipality or other political subdivisions of the state are not exempted from tho municipal dross receipts tai:. (2) Certain nonprofit facilities.--Exempted from the municipal gross receipts tax are the receipts of nonprofit entities from the operation of facilities designed and used for providing accor-modations for retired elderly persons. (3) Waaes .--Exempted from the municipal gross receipts tar: arc the receipts of empl.oyces from wages , salaries , commis- sions or fro:i any* other form of remuneration for personal scrvic' S . ��rocltict:3 --I:::erj* CC1 from ti:^ rtunici- i Pa! ri2ce i z, tax arr" t'ie r,-cC:l '14s of aro!•'ors , producer- , tranncr.:s or non-rc `i.t marl'.etinr+ associations from selli"CT � l.iv e- J to C�., I � �O �O tl l -•• , ln�i �� !i�;se(l a ?r icultural products , iiic' s or pelt: . Persons engagc:cl in the bu:3iness of buyinct anc' selling wool or mohair or of ijuyinrt and selli°nq livestock on their accotint arc nro,ucors for c:lic purposo s of this sec`.ior. . ::cceints from sQ_lincl dairy oroc'.ucts at retail ars-- not fro7, t`i^ munic-final cross rnceints ta::. ( 5) Livc,toc'' from the municinal cross receipts ;;a:: are the receipts of any person derived' from feeding or pasturing livestock. Receipts derived from penning or handling livestoc% -8- r or Ln, `i;ll. ' ai:c frog, 1,2f-lina livestock For t:hc nurnoses of t:lis section. Raceints c?crived from training livestock are recei..ts Jeri,,►ed fror-. feeding livestock for the purposes of this sccl ion. (G) Banks and financial corporations.--Exempted from tihe municipal gross receipts tax are the receipts of banks and financial corporations from selling or leasing pro- perty or services in the course of their regular banking and financial cornoration functions. (7) from the municipal gross tax, are t::-:� r(,-cci.•*)':s from ,ellina vehicles on which '4-11-15 _:".S?. .1953. i ( ;) Innurnncc From tlw! rl'..inicl'• al ro3:, :C' _7c1.•'"L.� to a2'C? ':ihc'. rCC'�.L'� 3 OF iriSLlr3riCe CO" '�1n1^_S or t;l :lri:!'h t th rnr)� fro- (9 ) Divi,,7l:nds anc! lnt-crest. --:.'vennt+ed `ror the 111:hicinal rrns:, ta,- are tizc rccei71ts received as i.nLarR�_:,t o n loaned pr deposited, receipts receiverl as Cl ivid-,::cis or interest from stocks , ponds or securities or r:scents :_'.:)m the salr~, of stoct:s , bonds or securities. (1n) Fuol . --I:Xor'ntnu from the municipal qross receipts tax are the from selling and the use of r�asolirie or special fuel on Which the tax innosed by section 72-27-3 1INS?1 1953 or :action 64-26-63 M!Sn 1953 has been paid and not refunded. -9- t"?ccasirn.�l nlr� of -3rc,r�rt•, or r, ,rvic^s . -- :,xemoted from the municinn1 aross, receipts tax are the receipts from tiia isolated or occasional saic of or lonsina of proncrty or a service by a person wino is neither regularly engaged nor holdina himself out as enciaged in the business of selling or leasing the same or similar Property or service. (12) Certain organizations.--Exempted from the municinal ;rocs reccints tax are the receipts of organizations that demonstrate to the bureau that they have been granted exempt on from t:ie f.cd(-.ral income tax by the United States eC:-.:,issioner of internal revenue as organizations described in sC::tion 501 (c) ( 3 ) of ttic, Unitec? Statcr. Internal Revenur-- Cod of i 1 5 7i a -or,.c o," o r r.F 'III 1 l r n�t. r :iis s ecL.-..i o�s : e s not aT,. q."r to FroT^ an unr%7�lato(.! trawi or husine.`is as rie'mine. in of t1w Pritec! .`)fates Int^rna.l ".0?-c nu!? COC?L '?` 1jI*..q, as or reinLli"!�)r'rCd . (13) ".,-sale activities of an armeO forces instrumo-ntalitv.- T.::e: nted frog` t:-1c municipal. gross reccints tax arc t1l1C? r,?ceints from snllinq tani-irlc neroonal nronert�r and the use of nron^rty 1)v an-i instrumentality of the armed forces of the [Jnited States enrac-e;i in resale activi tins. (i4 ) c.>il and (7as or mineral interests .--Exempted from tine municipal gross receipts tax are the receipts from tine sale of or leasing of oil, natural gas or mineral interests . (15) Persons subject to Oil and Gas I:morgency School -10- { _'a:: a i ; imhosed by i.1 and On Emorgency School Tax Act, the provisions of r act shall apply and determine the full measure of tax liability for the orivilerTe of engwii.nq in the business stated in the act, and no orovision of the :'tunicinal Gross ?receipts Tax Ordinance shall apply to or create a tax liability for such privilege ; except that any person engaging in the business of severing oil, natural gas or liquid, hvdrocarbons from the soil of this state, who sells oil , natural gas or liquid hydrocarbons other than for subseauent resale in the ordinary course of business or for use as an inr;redient or component part of a manufacturod nroduc_y is su.%ic t to the .'lunicinal_ Gross oceints r-1,1% 'lr.11:lanco as to sales , as well as to the oil. and Gas ::o of the :Iunici:)al Gross Pccei„ ts Or(llnance shall ann].V to the sto aric of oil , natural r?,-13 or liquid ':ydrocarro-., , individually or any combination thereof, .)r to the use c`. s-,.ch products for fuel in the oncration of a ffnroduCtlon iini.t” --,.s defin.-?(' by the Oil and Gas F'ncr(t­_ncv School Tax Act . UG) Pcfincrs and ncrgons SIIbj0Ct to :1atural Gas Processors Ta.x Ac';'_- . --[•'hel, , nrivi l ecte tax is innosed ti: :;atural Gas Processors Tax Act, the provisions of tho act shall anpl%, and determine the full measure of tax liability for the privilege of engac;ina in the business stated in the act and no -11- Pro_visic),I of t-ho 'Iunicinal I'loccints ^a:: Ordinance shall apnllf to or create a tax liability for such privilege , except t:,i at any producer or processor of natural gas or liquid hydro- carbons who sells natural gas or liquid hydrocarbons other than for subsequent- resale in the ordinary course of business or for use as an ingredient or component part of a manufactured product is subject to the municipal Gross Receipts Tax Ordinance as to those sales , as well as to the Natural. Gas Processors Tax Act. :10 provision of the Munipinal Cross Receipts Tax Ordinance shall apply -to the storage or use of oil , natural eras or liquid hydrocarbons, individually or any combinat:.on t:icrcof, whon stored or usod b�, a "processor" , as defined by t :e _.atural (las Processor^ '. ax . .ct, or by a person enc aaed in the :)usines.s of refining oil , natural eras or liquid hydrocarbons-, who' stores or rise-; the oil , natural c*as or li.cruid hyrazocarbons in tha rc^rular course of iris refininq nusiness . (17) Pe_sons subject to Resources Excise Tax Act.-- When a pr4_v4lcr4 tar is inncsed by the Resources Excise Tax. •. Act, the provision of tho act shall apply and determine the , full measure of to.,: liability for the privilege of encgaclincl in the business stated in the act and - no provision of the :Iunicinal gross Roccints Tax ordinance shall a,)rnly to or create a tar, liability for such privilege except in the same manner as is provided in section 72-16A-27 TIP•ISA 1953 in regard to - the Now Mexico Cross Peceints and Compensating Tar. Act. -12- r - ( 18) ni.]. lnd cias c.onrurted in the oineline trans- portation of oil and gas products. --Exempted from the municipal gross receipts tax are receipts from the sale of oil , natural cas , licruid hvdrocarbon or any combination thereof consumed as fuel in the pipeline transportation of such products . (19) Fees from social organizations.--Exempted from the municipal gross receipts tax are the receipts from dues and registration fees of nonprofit social, fraternal , political , trade , business, labor or professional organizations. (20) Purses and jockey remuneration at New r1exico race tracks .--Y":;ercted from the municipal gross receipts tax are the receints of horserien , jockeys and trainers frog, purscn at :... "e::ico horse race tracks subject to taxes :evi-:,d under section 60-6-9 !TFIS7A 1953. (2].) Relicious activities .--Exempted from the municipal cross :e;,eip':s tax are the receipts of a minister of a rel .aious ornanization , Which organization has been granted an exenotion fron federal income tax by the United States corumissioner of internal revenue as an organization describes? in section 501 (c) (3) of the United States Internal Revenue Code of 1954 , as amended or renumbered, from religious services provided by the minister to an individual recipient of the service . (22) Theatrical and television films and tapes.-- Exempted from the municipal gross receipts tax are -13- the r<'Ci 1:1.5 fror io:lsinc1 or llccnsinq 0r t,1 2atrical. an(l television films and tancs of any hind. (33) Tor^norary provi s ion. --E.,:cmptcd from the municipal cross rcctcipts tlax arc receipts from contracts entered into prior to aril 10, 1975 , which do not permit an increase in price to cover the municipal gross receipts tax and which are registered with the bureau of revenue as provided I,y the commissioner. Such receipts shall be taxed accordincr to the lams existing prior to April 10 , 1975. Section 9. ::n,!T_A:,/A.IFLI'. r.-IM1iJSACTIO CEPTIPICATAES , FARi?FT S 1 .,,:1n 11A:4CI:!"nSI Sri :! OTHER I;VInE"TE rt'nj Inc;r1 �.n '11.11 1T 1 �.. ill nontaxable trallsactior, ecrtlflcltes cxecutec'. or :,:101110 :1f".` in the '.,Iosscsslon of the Se11er or lessor fo!' ^r:tc:;7.' to transactions at the tiro thC' rlo:lt l::a��le transact-ions occ,,ir. If the seller or lessor 1; not is ')os.,(,s,-ion of tales^ nontaxal le transaction certificates within sixty. clays fro:, t:lc date notice rec-Tuirincl the possession of these: nontanable transaction certificates is giv(--n the seller or lessor by tale commissioner of revenue_ or his delegate, deductions claimec? t:Ie seller or lessor which require delivery of thes3 non- taxai)le transaction certificates shall be disalloi;cd. The nontaxable transaction certificates shall coIltain the infor- mation and be in a form prescribed by the bureau. Only buyers or lessees Wici have a rec;istration number or have, applied for -14- a recri : ` ra!:ion nuMher ane# have not heen ref_usecl one un(?er subsection C of Section 72-13-29 !Tr1SA 1953 shall execute non- taxable transaction certificates . When the seller or lessor accents a nontaxable transaction certificate within the required time and in good faith that the buyer or lessee will employ the property or service transferred in a nontaxable manner, the properly executed nontaxable transaction certificate shall be conclusive evidence, and the only material evidence, that the proceeds from the transaction are deductible from the seller' s or lessor' s gross receipts. B. Properly executed documents required to support the deductions provided in sul)soctions (B) , (M) and (CC) of Section 11 should be in the posscsslon of the seller at the tir~a the .nontaxablo transactions occur. If the seller is not in possession of these documents %-iithin si::ty d, -fs from the date notice raquirinn the nossDssion of these documents is given to the seller by the corimissioner of revenue or his delegate , Oeductions claimed a;► the seller or lessor which rcquirc delivery of thczsr documents shall be disallowed. These docu- ments shall contain the information, and be in a form, pre- scribed 1_),, the bureau. When the seller accepts these documents within the required time and in good faith that the buyer will employ the property or service transferred in a nontaxable manner, the nronr_rly executed documents shall be conclusive evidence, and the only material evidence, that the proceeds -15- from t:ir_ trnns,►c.tion are dl:,ductii}1^ from the seller' s. dross receipts . C. "otification , as that term is used in this section, is sufficient if the i:otice is mailed or served as provided in subsection A of section 72-13-26 112,ISR 1953. ifotice by the commissioner under this section shall not be given prior to the cor,Lmencement of an audit of the seller from whom the documents are required. Section 10. SUSPP:ISION Or THE RIGI?T TO USE A MONT1 "KABLE TRP,.:1SACTI0,: CERTTFICTTA"i. -- If the coMnissioner suspends the right of any person to use nonta.:able transaction cartifi;lates ?pursuant to section 72-1GA-13. 1. '1:ISl 1953 , suc`i suspension annlics to the use of suc:z cortificates unLler t?:e :iunicinal Gross :?ecei:�ts Tax Ordinance. Section 11. Dr:DUCTIm;; .-- In computing the municipal gross receipts tax due, only the receipts spccified in subsections (A) through (DD) of Section. 11 of the :1unicipal Gross receipts Tax Ordinance may be deductaO . Receipts , whether specified once or several times in su:.)sections (,t) through (DD) of Section 11, may be deducted on. lv once from gross receipts. A. Sales to manufacturers. --receipts from selling tangible personal pronerty may be deducted from gross receipts if the sale is made to a person engaged in the business of -lti- manufacturing? who z nontaxable transaction cart-ifi.cate. to the seller. The buyer Celivering the nontaxable transaction certificate must incorporate the tangible personal property as an ingredient or component part of the product which he is in the business of manufacturing. B. Sale of tangible personal property for resale .-- Receipts from selling tangible personal property may be deducted from gross receipts if the sale is made to a person who delivers a nontaxable transaction certificate to the seller. The buyer delivering the nontaxable transaction certificate rust resell the tangible personal. property either by itself or in combination with other tangible personal property in the ordinary course of business. C. Sale of z service for resale.--Receints from selling a service for resale may be deducted fror gross receipts if the sale is made to a person uho delivers a nontaxable trans action certificate. The buyer delivering tie nontaxable transaction certificate must separately state the value of the service purchased in his charge for the service on its subsequent sale, and the subsequent sale must be in the ordinary course of business and subject to the municipal gross receipts tax. D. Sale of tangible personal property for leasing.-- Receints from selling tangible personal property, other than furniture or appliances the receipts from the rental or lease —17— Ask r are ,'-fl,urtihlc ur,ler. •,-ira(:ranh ( 3) of su->>ecti:;-i I1 of Section 11 and other than mobile homes as defined in section 64-1-3 'II•tS2% 1953 , may be deducted from gross receipts if the silo is ;gads to a nerson who delivers a nontaxable transaction cert ~; crate to the seller. The buver deliverincr the nontaxable transaction certificate must be engaged in a business which derives a substantial portion of its receipts from leasinq or selling tangible personal property of the type leased. The bu-.,cr may not utilize the tangible personal property in an,, manner other than holding it for lease or sale , or leasinn or sellina it either by itself or in combination with otIlcr tan-iible personal property in the ordinary course of i.1J 1n1.1J:J• ?;. Lcasn for sub.soc lent lease. --P.ecci.'�ts from leasinn tanc ilile nnrsonal pron,:,rt,i , ot'.!er than furniture or annliances t ho recci-)ts f.ron. the rental or lease of which are deductible under paragraph (3) of subsection II of Section 11, and other than mobile homes as defined in section 64-1-8 ?II-iSA 1953 , may be deduct,.-�c: from gross receipts if the lease is made to a lessee %;,iio delivers a nonta::ahle transaction certificate to t'ne lessor. The lessee delivering the nonta%able transaction certificate rya-/ not use the tangible personal property in any ;.canner other than for subsequent lease in the ordinary course of business . F. Sale of tangible personal property to persons -13- enra,Tc . in the construction business. -- (1) Receipts from selling tangible personal property may be deducted from gross receipts if the sale is made to a person engaged in the construction business who delivers a nontaxable transaction certificate to the seller. (2) The buver delivering the nontaxable trans- action certificate must incorporate the tangible personal property as : (a) an ingredient or component part of a construction project which is subject to the municipal gross raceints tax upon its comnletion or upon the completion of 'Cho overall construction nrojoct of w:iich it is a part ; or an inctrodient or component part of I a construction project t.;hich is subject to the municipal gross receipts ta:: upon tine sale in the ordinary course of business of the real prone-t­ upon which it Nias constructer?. G. Sale of construction services to persons engaged in the construction business.-- (1) Roccints from selling a construction service may be deducted from gross receipts if the sale is *�iacle to a person engaged in the construction business who delivers a nontaxable transaction certificate to the person performing the construction service. (2) The buver delivering the nontaxable trans- action certificate must have the construction services -19- Ir v� por formerl upon : (a) a construction project which is subject to the municipal gross receipts tax upon its completion or upon the completion of the overall construction project of which it is a part; or (b) a construction project which is subject to the municipal gross receipts tax upon the sale in the ordinary course of business of the real property upon which it was constructed. H. Sale or lease of real property and lease of r:obile :comes . -- (1) nAceipts from the sale or lease of real _)roa^rtv, and from t:ze lease of a mobile home as defined in section 64-1-9 :::! '. 1953 and as provided in subsection (2) of t:7is section , of?:er than receipts from the sale or lease! of oil , natural gas or mineral interests exempted by paragraph (14) of subsection B of Section 8, may be deducted from crross receipts . Iiowever, that portion of the receipts from the sale of real property which is attributable to improvements constructed on the real property by the seller in the ordinary course of his construction business may .ot be deducted from dress receipts. (2) Receipts received by hotels , motels, rooming houses , campgrounds , quest ranches, trailer parks , or simil— facilities , except receipts received b ► trailer. -20- ar;::; from the r,,:: tal of a sn icc: or a mobile horse for a Period of at least one month, from lodgers, quests, roomers or occupants are not .receipts from leasing real property for the piirnoses of this soction. (3) Receipts attributable to the inclusion of furniture or annliances furnished as part of a leased or rented dwelling house, mobile homes defined in section 64-1- II NMSA 1953 or apartment by the landlord or lessor may be deducted from gross receipts. I. Sales to aovo rnmental agencies.--Receipts from selling tangible personal property, other than nonfissionable �ctallif,=us mineral ore , to the United States or an% agency or instruriontality thereof or tic state, of New M:.xico or any I • ;political subdivision thereof ;iav k, deducted from gross receipts . Receipts from selling tanai`:le personal nrornert,.71 other t:� in nonfissionable metalliferous mineral ore , to the governing bode of any Indian tribe or Indian pueblo for use on Indian reservations or pueblo grants, may be deducted from grass receipts . J. Transactions on interstate commerce.--Receipts from transactions in interstate commerce may be deducted from gross receipts to the extent that the inaosition of the municipal gross receipts tea:. would be unlawful under the United States Constitution. �:. Intrastate transportation and services in -21- interstate commerce.-- (1) receipts from transporting persons or property from one point to another in this state may be deducted from cross receipts when such persons or property, including any special or extra service reasonably necessary in connection therewith , are being transported in interstate or foreign commerce under a single contract. (2) Receints from handling, storage , dravage or packing of property or any other accessorial services on property, which property has moved or will trove in interstate or foreign commerce , when such services are performed by a local agent for a carrier or a carrier, and when suc:n services are nerformed under a single contract in relation to trans- oortation services , may be deducted from gross receipts . L. Sale of a service to an out-of-state buyer.-- (1) Receints from performing a service other than a legal , accountincx or architectural service may be deducted from gross receipts if the sale of the service is made to a person who delivers to the seller either a nontaxable transaction certificate or other evidence acceptable to the bureau that the huycr will make initial use of the product of the service outside New Mexico. (2) The buyer delivering the nontaxable trans- action certificate or other evidence acceptable to the bureau must make initial use of the product of the service outside -22- rim- :10r; Mexico. M. Feed--Fertilizers. --Receipts from selling feed for livestock or poultry, seeds , roots , bulbs , plants, soil conditioners , fertilizers, insecticides , fungicides or weedicides or eater for irrigation purposes may be deducted from gross receipts if the sale is made to a person who states in writing that he is regularly cngaged in the business of farming or ranching. Receipts of auctioneers from selling livestock or other agricultural products at auction may also be deducted from gross receipts . ?1. �,iarehousing, threshing, harvesting, growing, cultivating and proccssinT agricultural products.-- (1) Rccpints from warehousinq twain or other ac.icultural products ma-,,, l)c de lucted from gross receipts. i?) Receipts from threshinclr clearing, gro�:,ina, cultivatinc! or harvesting agricultural products, including the ginning of cotton or processing for Growers , producers or nonprofit marketinci associations of other agricultural products raised for food and fiber, including livestock, may be deducted from gross receipts. n. Sal-ns to certain organizations . --Receipts from sollincr tanr.ible personal property, other than Metalliferous funeral ore , to organizations that have been chanted exemotion from the federal income tax by the United States commissioner of internal revenue as organizations described in section 501 -23- (c ) ( 3) of the United Stat:�s Internal Revenun Cole: of 1954 , as amendeu or renumbered, may be deducted from gross receipts if the sale: is made to an organization that delivers a nontaxable transaction certificate to the seller. The buyer deliverinn the nontaxable transaction certificate must employ the tangible personal property in the conduct of functions described in section 501 (c) ( 3) and must not employ the tangible personal property in the conduct of an unrelated trade or business as defined in section 513 of the United States Internal Revenue Coda of 1954 , as amended or renumbered. Receipts from selling tangible norsonal property that will become an ingredient or corpor.<� It part of a construction -)reject are not receipts from sell.inr, tangible Personal oronerty for purposes of this section. P. Sales to hanks and financial cornorztions .-- Receipts from scl.linq tangible personal property, oth--2r than metalliforous mincral ore , to ban}:s and financial corporations who employ the taI1 Tible personal property in their rectular banking and financial corporation. `unctions mad► be deducted from moss receipts. luricultural imoler;ients--Aircraft--Vehicles that are not rcruired to be rcclistered. --Pi`ty ?or cent [500] of rec-oip'tr, from selling agricultural implements , farm tractors , aircraft or vehicles that are not required to be registered under the .?otor Vehicle Cocle, sections 64-1-1 to 64-23-24 :171SA 1933 , may be deducted from gross receipts. Any deduction -24- allows d under subsection Z of Section 11 must be taken before the deduction allowed by this section is computed. R. Publication sales.--Receipts from publishing newspapers or magazines , except from selling advertising space, may be deducted from gross receipts. Receipts from selling magazines at retail may not be deducted from gross receipts. S. Newspaper sales.--Receipts from selling news- papers , except from selling advertising space, may be deducted from gross receipts. T. Chemicals and reagents.--Receipts from sf•lling chemicals or reagents to any mining, milling or oil company for use in processing ores or oil in a mill , smelter or refinery or in acidizing oil wells, and receipts from selling chemicals or reagents in lots in excess of eighteen tons may be deducted from dross receipts. Receipts from selling explosives, blasting powder or dynamite may not be deducted from gross receipts. U. Commissions. --Receipts derived from commis- sions on sales of tangible personal property which are not suLject to the municipal ross receipts tax may be deducted from gross receipts. V. ?Refunds--Uncollectible debts.--Refunds and al].o:.rances made to buyers or amounts written off the books as an uncollectlb].2 deft b%; a ne:.son renortina municipal gross -25- receipts tax on an accrual basis rlay ba deducl-cd from gror.s receipts. If debts reported uncollectible are subsequently collected, such receipts shall be included in gross receipts in the month of collection. 11. Warranty obligations.--Receipts of a dealer from furnishing goods or services to the purchaser of tangible personal property to fulfill a warranty obligation of the manufacturer of the property may be deducted from gross receipts. Administrative and accounting services.-- Receipts of a corporation for administrative and accounting services performed by it for a wholly-owned subsidiary corpo- ration upon a noz:�)rofit or cost basis , and receipts from a ...%lolly-owned subsidiary for the joint use or sharing of office machincs and facilities upon a nonprofit or cost basis , rnatr be deducted from gross roceints. Y. P.cntal or lease of vehicles used in interstate commerce. --_1cceipts from the rental or leasing of vehicles used in the transportation of passengers or Property for hire in interstate comercc under the, rec7ulations or authorization of any agency of the Unite;l States may be deducted.. °. . 1r�ac?e-ln allo��rancc:.--That portion of the rcceipts of a seller that is represented lby a trade-in of tangible personal property of the same type being sold may be deducted from gross receipts. :1A. Spacial fuel.--Receipts from the sale of special -26- ruel , as defined in sr_ction 64-26-67 '.IIIS7. 1953 , may be deducted from gross receipts if the purchaser is a bonded special fuel user under section G4-26-73 WISP.. 1953 xiho delivers a non- taxable transaction certificate to the seller. IJ3. Sale of prosthetic devices.--Receipts from sell- ing prosthetic devices may be deducted from gross receipts if the sale is made to a person i•;ho is licensed to practice medicine, osteopathy, dentistry, podiatry, optometry, chiropractic or professional nursing and c.rho delivers a nontaxable trans- action certificate to the seller. The buyer delivering the nontaxable transaction certificate must deliver the prosthetic device inciclental to the performance of a service and must 4nclude the value of the Prosthetic device in his charge for the zcrvice . CC. Sale of property used in the manufacture of -;ei•;elrv. --Receipts from selling tangible personal nronerty may be deducted from gross receipts if the sale is made to a :person ;•rho states in writinci that he t-:ill use the property so purchased in manufacturing jewelry. The buyer must incorporate the tangible personal property as an ingredient or component pal-t of the jo elry that lie is in the business of manufacturing. The der?uction allowed a seller under this section shall not exceed the sum of one thousand dollars ($1000) during anv twelve-month period attributable to purchases by a single purchaser. -27- DD. Sale )F certain services performed directly on oroduct manufactured. --Receipts from sellinct the service of combining or processing components or materials may be deducted from gross receipts if the sale is made to a person engaged in the business of manufacturing who delivers a nontaxable transaction certificate to the seller. The buyer delivering the nontaxable transaction certificate must have the service performed directl,: upon tancrible personal property which he is in the business of manufacturing or upon ingredients or cor.,-)onent parts thereof_ . Section 12 . SEVERJIL'ILITY.-- if any part or parts or application of an,l part of the :.1,=i cinal Gross Receipts Trn : Ordinance is 'held invaalid, such hol,Iin,T ­.ball not affo.ct tho validity of tho rcmaininc; parts of the :unicin.-il (-ross Reccints '!'ax Ordinance. The governing hor. : hereby declares that it would have parsed the re:�ainina ra=ts of tho 11un.ici:hal Gross Receipts Tax Ordinance even if it. :iad knot-:n that such hart or parts or application of any part t:iereo:: woulO be declared invalid. further, tho governing bod•: declares that if any deduction or exemption c{ranted by the ;Iuni.cinal Gross Receipts Tax Ordinance be held invalid, it is t'le intent of the governing bod,,! that tha unaffected rer..ainder of the Municipal Gross Receipts Tax Ordinance he continued in force and that the taxpayers theretofore enjovinn such deduction or exemption shall thenceforth, from the -28- effective date of tivh declaration of invalidity, 1�(_, liable for the rate of tart under. section 4 of t:ze Municipal Gross P,eceipts Tax Ordinance . Section 13 . BUREAU AS 11f;P,NT FOR COLLECTIn'I-- mtr�TIC IP?1LITY LIABLE ON PEFIRIDS.-- This municipality hereby appoints the tdew Mexico hureau of revenue as its arent to administer and enforce the collection of the municipal dross receipts tax. The Tar. Administration Fact (sections 72-13-13 through 72-13-94 .IMSA 1953) applies to the administration and enforcement of the Municipal Gross Roceints Tax Ordinance. Anv refund or other reimbursement k — hiclh is due a tc1::'7.}'!('r :Incicr +-:1E. "unicir_al Gross Recci:7ts Tax Ordinance is a dci)t owinfr tO such t:::::iaver from the nunicinality. Tho bljr"iau ra:.' romit r;u.cth rer-u" 0 or reimbursnrc• nt to tih^. ta::- '?:h'i(�r an,! (Induct an ortl:ival:'.nt a:"O.,;ht from current collections .-h':tributzi',!e to the municlnalit',.'. Should current collections not be sufficient LC satisfy all refunds and reimbursements that arc dtic and owing, tih_� hureau is authoric^d and dir-octed to ma):c such rcfwid s and rLiribursenents from the amounts of state moss receipt, ta:: otherwise distributable to the riuniclnalit- , und�..,r the nrovisions of section 72-13-24 !MS7% 1953. If t`.he Lurcau is un:iole to otherwise satisfy all refunds and rcimLur.zer,,ents that are due and ot•:inq, the bureau s'.hall so advise the municipality, and the municipality shall treat such refunds and reimbursements as extraordinarv, non- -29- )tJ recurring, debts for which the municipality shall. be liable as if it had been a party to the claim for refund or reimburse- ment, and which shall be satisfied by additional assessments of the citizens of the municipality or by any other legal means. Should the bureau require it, the municipality will enter into a contract with the bureau, whose terms are the same as those set out in this section. Section 14 . EPPECTIVE DATE.— The effective data of the Municipal Gross Receipts Tax Ordinance shall be January 1, 1976 • PASSED, ADOPTED, AND APPROVED THIS 9th UAY 0r July , 197 9 4AYOR ATTEST: t 'yam .i CIPA .I RK -30- i i i i On this 9th day of July 1975, before me appeared Mayor Philip Cantu, Jr. to me personally known; who, being by me duly sworn (or affirmed) did say that he is the Mayor of Taos, New Mexico, and that the seal affixed to this ordinance is the municipal seal of said municipality, and that said instrument was signed and sealed in behalf of said municipality by authority of its governing body and said Mayor Philip Cantu acknowledged said instrument to be the free act and deed of said municipality. My Commission is �y Commission expires p , CUE NOTARY PUBLIC 1 • SUMMARY OF THE GROSS RECEIPTS TAX ORDINANCE SO TI-11.7,Y CAN PUBLISH rr TN NEWSPAPER Notice is hereby given that the Goveiutng Body of the Town of Taos, at its regular meeting on July 9, 1975 adopted a local gross receipts tax. The ordinance is entitled, "An Ordinance enacted pursuant to Chapter 16, Special Session, of the Laws of 1975 imposing a municipal gross receipts tax." The ordinance provides for a levy of a tax of 1/4¢ per dollar of gross revenues of all persons doing business in the Town of Taos. The tax will be collected by the New Mexico State Bureau of Revenue beginning January 1, 1976. The proceeds will be used to finance general Town services. hilip Ca u, Jr. Mayor ATTEST: Nes or Galle , o Adm. (TO BE USED AFTER ADOPTION OF THE GROSS RECEIPTS TAX ORDINANCE) E TAXATION & REVENUE DEPARTMENT P.O. BOX 630 °•!os•"� �'f _ Santa Fe, re v Mexico 8,509 NEW MUNICIPAL GROSS RECEIPTS TAX RATES �. Effective Jul 1 1981 � The following list gives the local combined gross receipts tax rates in effect for July 1, 1981 and subsequent months for all incorporated New k1exico k1unicipalities: Combined State, Municipal Gross Receipts Tax Form CRS-1 and County Current Rate Municipality Location Code (As of July 1, 1981) Alamogordo 15-116 3.5% Albuquerque 02-100 3.5% Artesia 03-205 3.5% Aztec 16-218 4.0% Bayard** 08-206 4.0% Belen** 14-129 4.0%, Bernalillo 29-120 4.096 Bloomfield 16-312 4.0% Bosque Farms 14-505 3.5% Capitan 26-211 4.0% Carlsbad 03-106 4.0% Carrizozo 26-307 4.0% Causey 11-408 4.096 Central** 08-305 4.0% Chama 17-118 4.0% Cimarron 09-401 4.0% Clayton 18-128 4.25% Cloudcroft 15-213 4.0% Clovis 05-103 4.0% Columbus 19-212 3.759E Corona 26-406 4.0% Corrales 29-504 3.75% Cuba 29-311 4.0% Deming 19-113 3.5% Des Moines 18-224 4.0% Dexter 04-201 3.7506 Dora 11-310 3.5% Eagle Nest 09-509 3.75% Elida 11-216 3.7506 Encino 22-410 3.75% Espanola (Rio Arriba) 17-215 4.25% Espanola (Santa Fe) 01-226 4.25% Estancia 22-503 4.0qA Eunice 06-210 3.5% Farmington 16-121 4.006 Floyd 11-502 3.75% Folsom 18-411 4.00E Fort Sumner 27-104 4.0% Gal;.., 13-114 4.0% Grady 05-203 3.75% Grants* 33-227 4.00E Grenville 18-315 4.0% Hagerman 04-300 3.7506 Hatch 07-204 3.7594 Hobbs 06-111 3.5% Hope 03-304 3.7596 House 10-407 4.0% Hurley** 08-404 4.0% Jal 06-306 3.594 Jemez Springs 29-217 3.750 Lake Arthur 04-400 3.7506 • 0 #4 ' - Combined State, Municipal Gross Receipts Tax Form CRS-1 and County Current Rate Municipality Location Code (As of July 1, 198 1) Las Cruces 07-105 4.0% Las Vegas 12-122 4.25% Logan 10-309 4.0% Lordsburg 23-110 3.5% Los Alamos 32-032 3.5% Los Lunas 14-316 3.5% Los Ranchos de Albuquerque 02-200 3.5% Loving 03-403 3.5% Loving-con 06-405 3.5% Magdalena 25-221 3.75% Maxwell 09-202 3.75% Melrose 05-402 3.75% :Mesilla 07-303 4.25% Milan* 33-1.31 4.0% Moriarty 22-223 4.0% Mosquero 31-208 3.75% Mountainair 22-127 3.5% Pecos 12-313 4.0% Portales 11-119 4.0% Questa 20-222 4.25% Raton*** 09-102 5.0% Red River 20-317 4.25% Reserve 28-130 4.0% Rio Rancho**** p 29-524 3.5% Roswell (,r / 04-101 4.0% Roy 31-109 3.75% Ruidoso 26-112 '} 4.0% Ruidoso Downs 26-501 4.0% San Jon 10-214 4.0% Santa Fe f- 01-123 3.75% Santa Rosa 24-108 4.25% San Ysidro 29-409 3.75% Silver City 08-107 4.0% Socorro 25-125 4.0% Springer 09-301 3.75% Taos 20-126 4.25% Tatum** 06-500 3.75% Texico 05-302 / 3.5% Tijeras** 02-318 �, / ) r l "--4.0% Truth or Consequences** 21- 124 4.0% Tucumcari �� 10-117 ) 4.0% Tularosa 15-308 4.0% Vaughn u 24-207 �" 4.25% Virden / 23-209 3.75% Wagon Mound 30-115 4.0% Willard 22-314 3.75% Williamsburg 21-220 4.0% Note: Effective July 1, 1981, the state wide gross receipts and compensating tax rate is lowered from 3.75% to 150°6. The "initial" municipal y,.% gross receipts tax is repealed, i.e. the first 1�% which was enacted by council action without negative referendum. ,Municipalities now have authority to implement a total of 3/4 of 1% municipal gross receipts taxes which are subject to negative referendum. *The location code numbers for Grants do Milan are changed because these two municipali- ties are in the new Cibola County. **:Municipal gross receipts tax rate increases were authorized & approved prior to the effective date of July, 1981 in seven New :Mexico municipalities: Bayard, Belen, Central, Hurley, Tatum, Tijeras and Truth or Consequences. ***Raton implemented the Supplemental Municipal Gross Receipts Tax (Sections 7-19-10 to 7-19-18, NMSA 1978) at 1.00% effective July, 1981. The total rate authorized is applicable only for the City of Raton and includes the total of 3/2% Municipal Gross Receipts taxes and the Supplemental Municipal Gross Receipts Tax. ****Rio Rancho was officially incorporated as a New Mexico Municipality for tax distribution purposes beginning in March, 1981. NF-W COUNTY TAX RATES EFFECTIVE JULY 1, 1981 Gross Receipts Tax Form CRS-1 Location Code Combined State & County County for "Remainder of County" Current Rate Bernalillo** 02-002 3.75% Catron 28-028 3.5% Chaves 04-004 3.5% Cibola*** 33-033 3.5% Colfax 09-009 3.5% Curry 05-005 3.5% De Baca 27-027 3.5% Dona Ana* 07-007 3.75% Eddy 03-003 3.5% Grant 08-008 3.5% Guadalupe* 24-024 3.75% Harding 31-031 3.5% Hidalgo 23-023 3.5% Lea 06-006 3.5% Lincoln 26-026 3.5% Los Alamos 32-032 3.5% Luna 19-019 3.5% McKinley 13-013 3.5% Mora 30-030 3.5% Otero 15-015 3.5% Quay 10-010 3.5% Rio Arriba* 17-017 3.75% Roosevelt 11-011 3.5% Sandoval 29-029 3.5% San Juan 16-016 3.5% San Miguel* 12-012 3.75% Santa Fe* 01-001 3.75% Sierra 21-021 3.5% Socorro 25-025 3.5% Ta`+3* 20-020 3.75% Torrance 22-022 3.5% Union* 18-018 3.75% Valencia 14-014 3.5% *Seven counties in New Mexico impose %% County Sales Tax for supporting a county indigent fund: Dona Ana, Guadalupe, Rio Arriba, San Niguel, Santa Fe, Taos do Union Counties. **Bernalillo County implemented the County Fire Protection Excise Tax effective July 1, 1980 which is applicable only in the area of Bernalillo County outside any municipal boundaries. The Bernalillo County tax is not applicab(e inside the boundaries of Albuquerque, Los Ranchos de Albuquerque and Tijeras. ***Cibola County, a 33rd County, is created out of the western part of Valencia County, effective June 19, 1981. This county has two incorporated municipalities within its boundaries: Grants and Milan. 'r T'riE SELLER'S BUSINESS LOCAN DETERMINES THE RATE OF TAX 40 ,-\ taxpayer is required to report gross receipts at the 'Location number and the tax rate where his business is located. This is true even though the sale or delivery of goods or services was not made from or performed at the place of business. (Refer to the back of the CRS-1 report form for !ovation numbers and tax rates.) If a taxpayer has -esident sales personnel in New Mexico, the place of business includes the place or places where such saes personnel reside. A taxpaver who is li�Nble for the Gross Receipts Tax and has no olace of business or resident sales personnel in yew Mexico si�ould designate "out-of-state" as the place of business, use 88-888 as the location code and calculate tax due at the 3Y2% state rate. Place of business includes each construction site for taxpayers engaged in the construction business. HOW TO REPORT THE MUNICIPAL AND COUNTY TAXES - These taxes are administered by the Revenue Division of the Taxation and Revenue Department and distributed to the ;municipalities and counties. They are to be repor*.ed on :he Combined Report Forr.: CRS-1 presently utilized by taxpayers for reporting state gross receipts tax, compensating tax and state withholding tax. Municipal and county location numbers and tax rates are provided in Tax Rate Schedule B on the back of the CRS-1 report form. The reporting period's net taxable receipts can be multiplied by the decimal equivalent of the following applicable tax rate- 3-1/2% = .035 3-3/4% = ,0375 4% = .04 -1/446 _ .0425 a-1/2% = .045 4-314% = .0475 5% = .05 WHY DOESN'T THE STATE ISSUE TAX TABLES SELLERS CAN USE IN PASSING ON THE TAX? The gross receipts tax is a tax on the privilege of doing business in New Mexico and is :he liability of the seller. It is not a sales tax and is not levied on the buyer, although sellers frequentiv pass the tax on to the buyer as an element of the sales price. The Revenue Division has no involvement in the relationship between the seller and his buyers., CASH BASIS TAXPAYERS The date payment is received determines the rate of tax applied to the receiC.'s of :axpayers who report on a cash accounting basis. Receipts received on or before 3une 30, 1931 will not be subject :o me new municipal gross receipts tax rate. Receipts received on or after July 1. 1931 will be subiec- to the new -municipal gross receipts tax rate for cash basis taxpayers r e?araless of when the prooer-y was sold. service was oer:or-ned or orooer-v was leased. ACCRUAL BASIS TAXPAYERS The date of delivery determines the rate of taxation to be applied to taxpayers who report on an accrual basis. "Delivery" is defined as delivery to the purchaser or delivery to a common carrier. A delivery made by an accrual basis taxpayer on or before June 30, 1981 will not be subject to :he new municipal gross receipts :ax rate. A delivery made by an accrual basis taxpaver on or ai-er July 1, 1981 will be subiect to the new municipal gross receipts tax rate. CONSTRUCTION CONTRACTORS A construction contractor who receives progress payments or other consideration for services performed on, and materials provided for a construction project will report such payments or other consideration as gross receipts. If the contractor is a cash basis taxpayer, he will report any suc.i pavments or other consideration actually received in a particular month as receipts for that month. If the contractor is an accrual basis taxpayer, any amounts which he earned or billed or to which he became entitled during a particular month will be reported as receipts for that month. SPECIFIC EXEMPTIONS The same exemptions and deductions that apply to the 3!4°5 state gross receipts tax will apoiv In calculating the municipal gross receipts tax. Two additional exemptions apply to municipal tax: (1) The transmission of messages by wire or other means from one point within the municipality :I- another point outside the municipality, and (2) transporting persons or property for 'lire by railroad, motor vehicle, air transportation or any other means from one point within :he municipality :o . notner point outside the municipality. Persons engaging in the transportation business may request an information fiver published by the Communications Bureau which describes in derail the proper reporting procedure for such receipts. if you have questions or require additional information, please call the toll free number 1-800- 432-551 l or contact your nearest Revenue Division Office: District 1 - .,anta ;� - 327-2396 District 2 - Albuquerque - 842-3211 District 3 - Roswell - 623-1750 Dis.ric- 4 - Las Cruces - 323-+538