NMSA 1978, § 7-1-2 — Applicability

The Tax Administration Act applies to and governs:

# A.

the administration and enforcement of the following taxes or tax acts as they now
exist or may hereafter be amended:
(1) Income Tax Act [Chapter 7, Article 2 NMSA 1978];
(2) Withholding Tax Act [Chapter 7, Article 3 NMSA 1978];
(3) Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act
[Chapter 7, Article 3A NMSA 1978];
(4) Gross Receipts and Compensating Tax Act [Chapter 7, Article 9 NMSA
1978], Interstate Telecommunications Gross Receipts Tax Act [Chapter 7, Article 9C
NMSA 1978] and Leased Vehicle Gross Receipts Tax Act [Chapter 7, Article 14A
NMSA 1978];
(5) Liquor Excise Tax Act [Chapter 7, Article 17 NMSA 1978];
(6) Local Liquor Excise Tax Act [7-24-8 to 7-24-16 NMSA 1978];
(7) any municipal local option gross receipts tax or municipal compensating
tax;
(8) any county local option gross receipts tax or county compensating tax;
(9) Special Fuels Supplier Tax Act [Chapter 7, Article 16A NMSA 1978];
(10) Gasoline Tax Act [Chapter 7, Article 13 NMSA 1978];
(11) petroleum products loading fee, which fee shall be considered a tax for the
purpose of the Tax Administration Act [Chapter 7, Article 1 NMSA 1978];
(12) Alternative Fuel Tax Act [Chapter 7, Article 16B NMSA 1978];
(13) Cigarette Tax Act [Chapter 7, Article 12 NMSA 1978];
(14) Estate Tax Act [7-7-1 to 7-7-12 NMSA 1978];
(15) Railroad Car Company Tax Act [Chapter 7, Article 11 NMSA 1978];
(16) Investment Credit Act [Chapter 7, Article 9A NMSA 1978], rural job tax
credit, Laboratory Partnership with Small Business Tax Credit Act [Chapter 7, Article 9E
NMSA 1978], Technology Jobs and Research and Development Tax Credit Act
[Chapter 7, Article 9F NMSA 1978], Film Production Tax Credit Act [Chapter 7, Article
2F NMSA 1978], Affordable Housing Tax Credit Act [Chapter 7, Article 9I NMSA 1978]
and high-wage jobs tax credit;
(17) Corporate Income and Franchise Tax Act [Chapter 7, Article 2A NMSA
1978];
(18) Uniform Division of Income for Tax Purposes Act [Chapter 7, Article 4
NMSA 1978];
(19) Multistate Tax Compact [7-5-1 NMSA 1978];
(20) Tobacco Products Tax Act [Chapter 7, Article 12A NMSA 1978];
(21) the telecommunications relay service surcharge imposed by Section 63-
9F-11 NMSA 1978, which surcharge shall be considered a tax for the purposes of the
Tax Administration Act;
(22) the Insurance Premium Tax Act [7-40-1 to 7-40-10 NMSA 1978];
(23) the Health Care Quality Surcharge Act [7-41-1 to 7-41-8 NMSA 1978];
(24) the Cannabis Tax Act [7-42-1 to 7-42-5 NMSA 1978]; and
(25) the Health Care Delivery and Access Act [24A-8-1 to 24A-8-7 NMSA
1978];

# B.

the administration and enforcement of the following taxes, surtaxes, advanced
payments or tax acts as they now exist or may hereafter be amended:
(1) Resources Excise Tax Act [Chapter 7, Article 25 NMSA 1978];
(2) Severance Tax Act [7-26-1 to 7-26-8 NMSA 1978];
(3) any severance surtax;
(4) Oil and Gas Severance Tax Act [Chapter 7, Article 29 NMSA 1978];
(5) Oil and Gas Conservation Tax Act [Chapter 7, Article 30 NMSA 1978];
(6) Oil and Gas Emergency School Tax Act [Chapter 7, Article 31 NMSA
1978];
(7) Oil and Gas Ad Valorem Production Tax Act [Chapter 7, Article 32 NMSA
1978];
(8) Natural Gas Processors Tax Act [Chapter 7, Article 33 NMSA 1978];
(9) Oil and Gas Production Equipment Ad Valorem Tax Act [Chapter 7, Article
34 NMSA 1978];
(10) Copper Production Ad Valorem Tax Act [Chapter 7, Article 39 NMSA
1978];
(11) any advance payment required to be made by any act specified in this
subsection, which advance payment shall be considered a tax for the purposes of the
Tax Administration Act;
(12) Enhanced Oil Recovery Act [Chapter 7, Article 29A NMSA 1978];
(13) Natural Gas and Crude Oil Production Incentive Act [7-29B-1 to 7-29B-6
NMSA 1978]; and
(14) intergovernmental production tax credit and intergovernmental production
equipment tax credit;

# C.

the administration and enforcement of the following taxes, surcharges, fees or
acts as they now exist or may hereafter be amended:
(1) Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978];
(2) the workers' compensation fee authorized by Section 52-5-19 NMSA
1978, which fee shall be considered a tax for purposes of the Tax Administration Act;
(3) Uniform Unclaimed Property Act (1995) [Chapter 7, Article 8A NMSA
1978];
(4) 911 emergency surcharge and the network and database surcharge,
which surcharges shall be considered taxes for purposes of the Tax Administration Act;
(5) the solid waste assessment fee authorized by the Solid Waste Act [74-9-1
NMSA 1978] which fee shall be considered a tax for purposes of the Tax Administration
Act;
(6) the water conservation fee imposed by Section 74-1-13 NMSA 1978,
which fee shall be considered a tax for the purposes of the Tax Administration Act; and
(7) the gaming tax imposed pursuant to the Gaming Control Act [Chapter 60,
Article 2E NMSA 1978]; and

# D.

the administration and enforcement of all other laws, with respect to which the
department is charged with responsibilities pursuant to the Tax Administration Act, but
only to the extent that the other laws do not conflict with the Tax Administration Act.