Sales of tangible personal property are in this state if:

A. the property is delivered or shipped to a purchaser other than the United States government within this state regardless of the f. o. b. point or other conditions of the sale; or

B. the property is shipped from an office, store, warehouse, factory or other place of storage in this state and:

(1) the purchaser is the United States government; or

(2) the taxpayer:

(a) is not taxable in the state of the purchaser; and

(b) did not make an election for apportionment of business income pursuant to Subsection B or C of Section 7-4-10 NMSA 1978.

History: 1953 Comp., § 72-15A-32, enacted by Laws 1965, ch. 203, § 17; 2013, ch. 160, § 8; 2015 (1st S.S.), ch. 2, § 7.

The 2015 (1st S.S.) amendment, effective September 6, 2015, amended the qualifications for the determination of sales of tangible personal property in this state; in Subparagraph B(2)(b), after "Subsection B", added "or C".

Applicability. — Laws 2015 (1st S.S.), ch. 2, § 25 provided that Laws 2015 (1st S.S.), ch. 2, § 7 apply to taxable years beginning on or after January 1, 2015.

The 2013 amendment, effective January 1, 2014, excluded certain sales from being apportioned as sales in New Mexico; and added Subparagraph (b) of Paragraph (2) of Subsection B.

Applicability. — Laws 2013, ch. 160, § 14 provided that Laws 2013, ch. 160, § 8 applies to taxable years beginning on or after January 1, 2014.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 195, 196.

84 C.J.S. Taxation §§ 92 to 94, 112 to 115, 155 to 157, 172 to 173, 397 to 401, 416.