As used in the Streamlined Sales and Use Tax Administration Act:

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Terms Used In New Mexico Statutes 7-5A-3

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.

A. “agreement” means the streamlined sales and use tax agreement;

to:

B. “certified automated system” means software certified jointly by member states (1)     calculate the sales tax imposed by each jurisdiction on a transaction; (2)     determine the amount of tax to remit to the appropriate state; and

(3)     maintain a record of the transaction;

C. “certified service provider” means an agent that performs all of the sales tax functions of a seller and that is certified jointly by member states to perform all of the sales tax functions of the seller;

D. “member state” means a state of the United States that enters into the agreement with another state and the District of Columbia if it enters into the agreement with another state;

E. “person” means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation and any other legal entity;

F. “sales tax” means the gross receipts tax levied pursuant to the Gross Receipts and Compensating Tax Act [N.M. Stat. Ann. Chapter 7, Article 9] or a tax imposed by a state on the sale of goods or services;

G. “seller” means a person making sales, leases and rentals of personal property and services; and

H. “use tax” means the compensating tax levied pursuant to the Gross Receipts and Compensating Tax Act.