2019 New Mexico Statutes
Chapter 7 - Taxation
Article 12A - Tobacco Products Tax
Section 7-12A-3 - Imposition and rates of tax; reduction of rate for certain tobacco products; denomination as "tobacco products tax"; date payment of tax due.

A. For the manufacture or acquisition of tobacco products in New Mexico, not including cigars, little cigars, e-liquid, e-cigarettes or closed system cartridges, to be distributed in the ordinary course of business and for the consumption of tobacco products in New Mexico, there is imposed an excise tax at the rate of twenty-five percent of the product value of the tobacco products.

B. For the manufacture or acquisition of cigars in New Mexico to be distributed in the ordinary course of business and for the consumption of cigars in New Mexico, there is imposed an excise tax at a rate equal to twenty-five percent of the product value of the cigar, not to exceed fifty cents ($.50) per cigar.

C. For the manufacture or acquisition of little cigars in New Mexico to be distributed in the ordinary course of business and for the consumption of little cigars in New Mexico, there is imposed an excise tax at a rate equal to the rate imposed on cigarettes pursuant to Section 7-12-3 NMSA 1978 per package of little cigars.

D. For the manufacture or acquisition of e-liquid in New Mexico to be distributed in the ordinary course of business and for the consumption of e-liquid in New Mexico, there is imposed an excise tax at a rate equal to twelve and one-half percent of the product value of the e-liquid.

E. For the manufacture or acquisition of closed system cartridges in New Mexico to be distributed in the ordinary course of business, there is imposed an excise tax at a rate of fifty cents ($.50) per closed system cartridge.

H[F]. The taxes imposed by this section may be referred to as the "tobacco products tax".

I[G]. The tobacco products tax shall be paid by the first purchaser on or before the twenty-fifth day of the month following the month in which the taxable event occurs.

History: 1978 Comp., § 7-12A-3, enacted by Laws 1986, ch. 112, § 4; 1988, ch. 95, § 13; 2009, ch. 197, § 21; 2019, ch. 270, § 43.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2019, ch. 270, § 43, contained Subsections F and G, that were line-item vetoed by the governor:

F. The taxes imposed by this section shall be reduced by fifty percent for a tobacco product, cigar or little cigar for which a modified risk tobacco product order has been issued by the United States secretary of health and human services pursuant to Section 21 U.S.C. 387k(g)(1).

G. The taxes imposed by this section shall be reduced by twenty-five percent for a tobacco product, cigar or little cigar for which a modified risk tobacco product order has been issued by the United States secretary of health and human services pursuant to Section 21 U.S.C. 387k(g)(2).

The 2019 amendment, effective July 1, 2019, provided excise tax rates for cigars, little cigars, e-liquid, e-cigarettes and closed system cartridges, and provided a reduction of the tax rate for certain tobacco products; in the section heading, added "reduction of rate for certain tobacco products"; in Subsection A, added "not including cigars, little cigars, e-liquid, e-cigarettes or closed system cartridges"; added new Subsections B through G and redesignated former Subsections B and C as Subsections H and I, respectively; and in Subsection H, after "imposed by", deleted "Subsection A of".

The 2009 amendment, effective July 1, 2009, in Subsection A, after "products in New Mexico", deleted "for sale" and added "to be distributed" and after "ordinary course of business", added "and for the consumption of tobacco products of New Mexico".