Section 7-9-92 - Deduction; gross receipts; sale of food at retail food store. - New Mexico Statutes

7-9-92. Deduction; gross receipts; sale of food at retail food store. 

A.     Receipts from the sale of food at a retail food store that are not exempt from gross receipts taxation and are not deductible pursuant to another provision of the Gross Receipts and Compensating Tax Act may be deducted from gross receipts.  The deduction provided by this section shall be separately stated by the taxpayer.

B.     For the purposes of this section:

(1)     "food" means any food or food product for home consumption that meets the definition of food in 7 USCA 2012(g)(1) for purposes of the federal food stamp program; and

(2)     "retail food store" means an establishment that sells food for home preparation and consumption and that meets the definition of retail food store in 7 USCA 2012(k)(1) for purposes of the federal food stamp program, whether or not the establishment participates in the food stamp program.