2011 New Mexico Statutes
Chapter 7: Taxation
Article 16B: Alternative Fuel Tax, 7-16B-1 through 7-16B-10
Section 7-16B-4: Imposition and rate of tax; denomination as alternative fuel excise tax.

7-16B-4. Imposition and rate of tax; denomination as alternative fuel excise tax.

A. For the privilege of distributing alternative fuel in this state there is imposed an excise tax at a rate provided in Subsection C of this section on each gallon of alternative fuel distributed in New Mexico.

B. The tax imposed by this section may be called the "alternative fuel excise tax".

C. For each gallon of alternative fuel distributed in New Mexico, the tax imposed by Subsection A of this section shall be:

(1) for the period beginning January 1, 1996 and ending December 31, 1997, three cents ($0.03) per gallon;

(2) for the period beginning January 1, 1998 and ending December 31, 1999, six cents ($0.06) per gallon;

(3) for the period beginning January 1, 2000 and ending December 31, 2001, nine cents ($0.09) per gallon; and

(4) for the period beginning January 1, 2002 and thereafter, twelve cents ($0.12) per gallon.

D. In lieu of the rates provided in Subsection C of this section, any user who registers, owns or operates a motor vehicle whose gross vehicle weight does not exceed fifty-four thousand pounds that is propelled by alternative fuel may pay the alternative fuel excise tax on an annual basis as follows:

(1) for the period beginning January 1, 1996 and ending December 31, 1997, the following schedule shall apply:

Gross Vehicle Weight Annual Tax 0 to 6,000 pounds $ 15.00 6,001 to 16,000 pounds 25.00 16,001 to 26,000 pounds 75.00 26,001 to 40,000 pounds 175.00 40,001 to 54,000 pounds 275.00;

(2) for the period beginning January 1, 1998 and ending December 31, 1999, the following schedule shall apply:

Gross Vehicle Weight Annual Tax 0 to 6,000 pounds $ 30.00 6,001 to 16,000 pounds 50.00 16,001 to 26,000 pounds 150.00 26,001 to 40,000 pounds 350.00 40,001 to 54,000 pounds 550.00;

(3) for the period beginning January 1, 2000 and ending December 31, 2001, the following schedule shall apply:

Gross Vehicle Weight Annual Tax 0 to 6,000 pounds $ 45.00 6,001 to 16,000 pounds 75.00 16,001 to 26,000 pounds 225.00 26,001 to 40,000 pounds 525.00 40,001 to 54,000 pounds 825.00; and

(4) for the period beginning January 1, 2002 and thereafter, the following schedule shall apply:

Gross Vehicle Weight Annual Tax 0 to 6,000 pounds $ 60.00 6,001 to 16,000 pounds 100.00 16,001 to 26,000 pounds 300.00 26,001 to 40,000 pounds 700.00 40,001 to 54,000 pounds 1,100.00.

E. To facilitate administration of the Alternative Fuel Tax Act, the annual tax provided for in Subsection D of this section may be prorated for periods of less than one year at the discretion of the secretary.

F. Alternative fuel purchased for distribution shall not be subject to the alternative fuel excise tax at the time of purchase or acquisition, but the tax shall be due on any alternative fuel at the time it is dispensed or delivered into the supply tank of a motor vehicle that is operated on the highways of this state.