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.

  Previous section
Next section  
 Article 9 Contents