New Mexico Statutes 7-9-52.1. Deduction; gross receipts tax; lease of construction equipment to persons engaged in the construction business
A. Receipts from leasing construction equipment may be deducted from gross receipts if the construction equipment is leased to a person engaged in the construction business who delivers a nontaxable transaction certificate to the person leasing the construction equipment or provides alternative evidence pursuant to Section 7-9-43 N.M. Stat. Ann..
Terms Used In New Mexico Statutes 7-9-52.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
of:
B. The lessee shall only use the construction equipment at the construction location (1) a construction project that is subject to the gross receipts tax upon its completion or upon the completion of the overall construction project of which it is a part;
(2) a construction project that is subject to the gross receipts tax upon the sale in the ordinary course of business of the real property upon which it was constructed; or
(3) a construction project that is located on the tribal territory of an Indian nation, tribe or pueblo.
C. As used in this section, “construction equipment” means equipment used on a construction project, including trash containers, portable toilets, scaffolding and temporary fencing.