A. Exempted from the tobacco products tax is the product value of tobacco products sold:
(1) to or by the United States or any agency or instrumentality thereof;
(2) to the governing body or any enrolled tribal member licensed by the governing body of an Indian nation, tribe or pueblo to be distributed on the reservation or pueblo grant of that Indian nation, tribe or pueblo; or
(3) the state of New Mexico or any political subdivision thereof.
B. As used in this section, the term "agency or instrumentality" does not include persons who are agents or instrumentalities of the United States for a particular purpose or only when acting in a particular capacity or corporate agencies or instrumentalities.
History: 1978 Comp., § 7-12A-4, enacted by Laws 1986, ch. 112, § 5; 2009, ch. 197, § 22.
The 2009 amendment, effective July 1, 2009, added Paragraph (2) of Subsection A.
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