A. A marketplace seller may deduct receipts for sales, leases and licenses of tangible personal property, sales of licenses and sales of services or licenses for use of real property that are facilitated by a marketplace provider from gross receipts and governmental gross receipts; provided that the marketplace seller obtains documentation from the marketplace provider indicating that the marketplace provider is registered with the department and has remitted or will remit the taxes due on the gross receipts from those transactions.B. The deduction provided by this section shall not apply if the marketplace provider is determined not to owe the tax due to the marketplace provider's reliance on information provided by the seller as determined pursuant to Subsection C of Section 7-9-5 NMSA 1978.History: Laws 2019, ch.270, § 36; 2020, ch. 80, § 6. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, expanded the marketplace sellers gross receipts tax deduction to include both gross receipts tax and governmental gross receipts tax; in the section heading, added 'governmental gross receipts'; and in Subsection A, after 'marketplace provider', added 'from gross receipts and gross receipts tax and governmental gross receipts tax; in the section heading, added 'governmental gross receipts'; and in Subsection A, after 'marketplace provider', added 'from gross receipts and governmental gross receipts'.
New Mexico Legal Code