IPCPR Legislative | New Mexico

New Mexico

new_mexico

New Mexico State Contact Information

New Mexico Taxation and Revenue Department
Cigarette Tax Unit
(505) 827-6842

New Mexico Secretary of State
Bureau of Elections
(505) 827-3600
(505) 827-8403 fax

Taxation in New Mexico

 

New Mexico imposes a tobacco products tax on the manufacture or acquisition of tobacco products in New Mexico that are intended for distribution in the ordinary course of business and for the consumption of tobacco products in the state.

N.M. Stat. § 7-12A-3: Imposition and rate of tax; denomination as “tobacco products tax;” date payment of tax due

The New Mexico Statutes contain no specific provision relating to the authority of localities to levy additional taxes on tobacco products. Taxation and Revenue Department staff could not confirm whether localities can levy additional taxes on tobacco products, and staff recommended that interested parties contact the applicable county.

The tax on tobacco products is 25% of the product value.

 

N.M. Stat. § 7-12A-3(a): Imposition and rate of tax; denomination as “tobacco products tax;” date payment of tax due

Persons manufacturing or acquiring tobacco products in New Mexico for distribution in the ordinary course of business are required to file a Tobacco Products Tax Return (Form RPD-41192) on or before the 25th day of each month, along with payment for taxes due.

 

N.M. Stat. § 7-12A-3(c): Imposition and rate of tax; denomination as “tobacco products tax;” date payment of tax due

 

Tax filings can be submitted to the Taxation and Revenue Department online through the Taxpayer Access Point at https://tap.state.nm.us/tap/_/.

Definitions in New Mexico

 

“Smoking” means inhaling, exhaling, burning, carrying, or holding any lighted tobacco product, including all types of cigarettes, cigars, and pipes, and any other lighted tobacco product.

 

N.M. Stat. § 24-16-3(n)

 

“Tobacco product” means any product, other than cigarettes, made from or containing tobacco.

 

N.M. Stat. § 7-12A-2(g)

 

“Distribute” means to sell or to give.

 

N.M. Stat. § 7-12A-2(b)

 

“First purchaser” means a person engaging in business in New Mexico who manufactures tobacco products or who purchases or receives on consignment tobacco products from any person outside of the state, which tobacco products are to be distributed in New Mexico in the ordinary course of business.

 

N.M. Stat. § 7-12A-2(d)

 

“Engaging in business” means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit.

 

N.M. Stat. § 7-12A-2(c)

 

“Product value” means the amount paid, net of any discounts taken and allowed, for tobacco products or, in the case of tobacco products received on consignment, the value of the tobacco products received or, in the case of tobacco products manufactured and sold in New Mexico, the proceeds from the sale by the manufacturer of the tobacco products.

 

N.M. Stat. § 7-12A-2(f)

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