2019 New Mexico Statutes
Chapter 7 - Taxation
Article 9 - Gross Receipts and Compensating Tax
Section 7-9-63 - Deduction; gross receipts tax; publication sales.
Receipts from publishing newspapers or magazines, except from selling advertising space, may be deducted from gross receipts.
Receipts from selling magazines at retail may not be deducted from gross receipts.
History: 1953 Comp., § 72-16A-14.18, enacted by Laws 1969, ch. 144, § 53.
ANNOTATIONSEffective dates. — Laws 1969, ch. 144, § 68 made Laws 1969, ch. 144, § 53 effective July 1, 1969.
Advertising inserts purchased by a New Mexico retailer from out-of-state advertising coordinators were not "newspapers" within the meaning of this section. Phillips Mercantile Co. v. N.M. Taxation & Revenue Dep't, 1990-NMCA-006, 109 N.M. 487, 786 P.2d 1221.
Royalties from advertising. — Since taxpayer's receipts were a royalty paid to it from advertising revenues and not receipts from publishing the magazine, there would be no deduction under this section. N.M. Sheriffs & Police Ass'n v. Bureau of Revenue, 1973-NMCA-130, 85 N.M. 565, 514 P.2d 616.
No double taxation shown. — Since, aside from the tax paid on the taxpayer association's royalty receipts from advertising revenue, the only other tax involved was the tax asserted to have been paid by the publisher on his receipts, there was no factual basis for a claim of double taxation. N.M. Sheriffs & Police Ass'n v. Bureau of Revenue, 1973-NMCA-130, 85 N.M. 565, 514 P.2d 616.
