N.M. Stat. » Chapter 7 — Taxation
New Mexico Statutes

N.M. Stat. § 7-9-33 (2026)

Exemption; gross receipts tax; products subject to Oil and

✓ current as of May 2026
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Gas Emergency School Tax Act. A. Exempted from the gross receipts tax are receipts from the sale of products the severance of which is subject to the tax imposed by the Oil and Gas Emergency School Tax Act [Chapter 7, Article 31 NMSA 1978] except that receipts from the sale of products other than for subsequent resale in the ordinary course of business, for consumption outside the state, or for use as an ingredient or component part of a manufactured product are subject to the Gross Receipts and Compensating Tax Act as well as to the Oil and Gas Emergency School Tax Act.

B. No gross receipts tax or compensating tax pursuant to the Gross Receipts and Compensating Tax Act shall apply to storing crude oil, natural gas or liquid hydrocarbons, individually or any combination, or to the use of such products for fuel in the operation of a "production unit" as defined by the Oil and Gas Emergency School Tax Act.

History: 1953 Comp., § 72-16A-12.21, enacted by Laws 1969, ch. 144, § 26; 1975, ch. 133, § 1; 1984, ch. 2, § 3; 1989, ch. 115, § 1.

ANNOTATIONS

The 1989 amendment, effective July 1, 1989, substituted "products" for "persons" in the catchline; rewrote Subsection A; and in Subsection B deleted "any person for the privilege of" following "apply to", and deleted "thereof" following "combination".

Am. Jur. 2d, A.L.R. and C.J.S. references. — Mining exemption from sales or use tax, 47 A.L.R.4th 1229.

Notes of Decisions
Cited in 2 cases, 1980–2019 · leading case: Tucson Elec. Power Co. v. N.M. Taxation & Revenue Dep't, 2020-NMCA-011.
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Tucson Elec. Power Co. v. N.M. Taxation & Revenue Dep't, 2020-NMCA-011. · cites it 2× “g a 4 percent tax on the taxable value of natural gas with limited exceptions); § 7-9-33(A) (providing that “receipts from the sale of products other than for subsequent resale in the ordinary course of business, for consumption outside the state, or for use as an ingredient or…”
Gas Co. of New Mexico v. O'Cheskey, 614 P.2d 547 (N.M. Ct. App. 1980). · cites it 4× “The Gas Company, to arrive at this novel conclusion, argues that it was the intention of the legislature to say: The unusual provisions of Sections 7-9-33 and 7-9-34, supra, must be fitted into the statutory scheme for what they really are — language intended to exempt the gross…”
N.M. Stat. § 7-9-33(A): 1 case
Tucson Elec. Power Co. v. N.M. Taxation & Revenue Dep't, 2020-NMCA-011. “g a 4 percent tax on the taxable value of natural gas with limited exceptions); § 7-9-33(A) (providing that “receipts from the sale of products other than for subsequent resale in the ordinary course of business, for consumption outside the state, or for use as an ingredient or…”
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