N.M. Admin. Code § 3.2.116.8

Current through Register Vol. 35, No. 17, September 10, 2024

Section 3.2.116.8 - CRITERIA USED IN DETERMINING ISOLATED OR OCCASIONAL SALES

The department will use the following criteria, but not exclusively, in determining whether or not a transaction involves only an "isolated or occasional" sale or lease:

A. the nature of the service or property;

B. the nature of the market for the service or property sold or leased;

C. the number of sales or leases made within a given period;

D. the regularity of the sales;

E. the duration of the sales or leasing activity;

F. any promotional activity such as advertising or telephone yellow page listings; and

G. any holding out as being in business by the seller or lessor.

N.M. Admin. Code § 3.2.116.8

12/5/69, 3/9/72, 11/20/72, 3/20/74, 7/26/76, 6/18/79, 4/7/82, 5/4/84, 4/2/86, 11/26/90, 11/15/96; 3.2.116.8 NMAC - Rn, 3 NMAC 2.28.8, 5/15/01