A. Unless the agreement between the debtor and the creditor or the agreement between the collection agency and the creditor otherwise expressly prohibits, a collection agency may collect from the debtor an amount equal to the gross receipts tax and the local option gross receipts taxes, as those terms are defined in the Gross Receipts and Compensating Tax Act [7-9-1 NMSA 1978], imposed on the receipts of the collection agency that result from the collection of a debt from the debtor.
B. For purposes of this section, a collection agency does not mean a person who collects his own debts using a name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
History: 1978 Comp., § 61-18A-28.1, enacted by Laws 1992, ch. 36, § 2.
Levy of additional tax not authorized. — This section does not authorize collection agencies to levy an additional gross receipts tax on the commission portion of the referred debt if the creditor has already assessed a gross receipts tax on the entire balance. Martinez v. Albuquerque Collection Servs., Inc., 867 F. Supp. 1495 (D.N.M. 1994).
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