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NEW MEXICO STATUTES AND CODES

Section 7-9-7.1 - Department barred from taking collection actions with respect to certain compensating tax liabilities.

7-9-7.1. Department barred from taking collection actions with respect to certain compensating tax liabilities.

A.     The department shall take no action to enforce collection of compensating tax due on purchases made by an individual if:   

(1)     the property is used only for nonbusiness purposes;   

(2)     the property is not a manufactured home; and   

(3)     the individual is not an agent for collection of compensating tax pursuant to Section 7-9-10 NMSA 1978.   

B.     The prohibition in Subsection A of this section does not prevent the department from enforcing collection of compensating tax on purchases from persons who are not individuals, who are agents for collection pursuant to Section 7-9-10 NMSA 1978 or who use the property in the course of engaging in business in New Mexico or from enforcing collection of compensating tax due on purchase of manufactured homes.   

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