N.M. Admin. Code § 3.2.201.12

Current through Register Vol. 35, No. 23, December 10, 2024

Section 3.2.201.12 - DELIVERY OF NTTC AFTER DATE REPORT DUE

A. Except as provided otherwise in Subsection D of Section 3.2.201.12 NMAC, a taxpayer who receives a properly executed nontaxable transaction certificate (nttc) or other documentation required by Section 7-9-43 NMSA 1978 for a transaction included in a previously filed return and on which the taxpayer paid the gross receipts tax is entitled to a refund of that previously paid tax. To obtain the refund the taxpayer is required to file a claim for refund and submit either an amended return for each period to which the refund relates or a schedule acceptable to the department containing equivalent information.

B. A taxpayer may not accumulate the allowable deductible receipts for prior periods and take the entire amount as a deduction for the period in which the proper nttc or other documentation is received.

C. A taxpayer who has been audited by the department and has failed to present the nttcs or other documentation required within the time required to support deductions claimed after having been requested to do so pursuant to Section 3.2.201.8 NMAC is not entitled to the deductions.

D. The provisions of the preceding paragraphs do not apply to deductions claimed with respect to transactions occurring during the period July 1, 1992 through May 31, 1997 if the seller or lessor had received a notice from the department pursuant to Section 3.2.201.8 NMAC to present the nttcs or other documentation and the time for complying with the request expired prior to July 1, 1997. In such cases for receipts from transactions during the period July 1, 1992 through May 31, 1997, the nttc or other acceptable proof must be in the possession of the seller or lessor no later than the date gross receipts from the transaction are required to be reported. Receipt of the nttc or other acceptable proof after that date does not support the deduction or a claim for refund with respect to gross receipts required to be reported prior to that date; such nttc or other acceptable proof will support only deductions for gross receipts required to be reported on or after the date the nttc or other acceptable proof was received. With respect to gross receipts in the period July 1, 1992 through May 31, 1997 for which an appropriate nttc or other acceptable proof is not in the possession of the seller or lessor at the date the gross receipts are required to be reported, any deduction claimed will be disallowed and any claim for refund submitted prior to July 1, 1997 will be denied.

N.M. Admin. Code § 3.2.201.12

9/8/86, 11/26/90, 1/20/93, 11/15/96, 9/30/98; 3.2.201.12 NMAC - Rn, 3 NMAC 2.43.1.12 & A, 5/31/01