NMSA 1978, § 7-16A-10 — 7-16A-10

Deductions; special fuel excise tax; special fuel
suppliers.
In computing the tax due, the following amounts of special fuel may be deducted
from the total amount of special fuel received in New Mexico during the tax period,
provided that satisfactory proof thereof is furnished to the department:

# A.

special fuel received in New Mexico, but exported from this state by a rack
operator, special fuel supplier or dealer, other than in the fuel supply tank of a motor
vehicle or sold for export by a rack operator or distributor; provided that, in either case:
(1) the person exporting the special fuel is registered in or licensed by the
destination state to pay that state's special fuel or equivalent fuel tax;
(2) proof is submitted that the destination state's special fuel or equivalent fuel
tax has been paid or is not due with respect to the special fuel; or
(3) the destination state's special fuel or equivalent fuel tax is paid to New
Mexico in accordance with the terms of an agreement entered into pursuant to Section
9-11-12 NMSA 1978 with the destination state;

# B.

special fuel sold to the United States or any agency or instrumentality thereof for
the exclusive use of the United States or any agency or instrumentality thereof. Special
fuel sold to the United States includes special fuel delivered into the supply tank of a
government-licensed vehicle;

# C.

special fuel sold to the state of New Mexico or any political subdivision, agency
or instrumentality thereof for the exclusive use of the state of New Mexico or any
political subdivision, agency or instrumentality thereof. Special fuel sold to the state of
New Mexico includes special fuel delivered into the supply tank of a government-
licensed vehicle;

# D.

special fuel sold to an Indian nation, tribe or pueblo or any agency or
instrumentality thereof for the exclusive use of the Indian nation, tribe or pueblo or any
agency or instrumentality thereof. Special fuel sold to an Indian nation, tribe or pueblo
includes special fuel delivered into the supply tank of a government-licensed vehicle;

# E.

special fuel dyed in accordance with federal regulations;

# F.

special fuel that is number 2 diesel fuel sold for the generation of power to propel
a vehicle authorized by contract with the public education department as a school bus;
provided that the fuel has a distillation temperature of five hundred degrees Fahrenheit
at a ten percent recovery point and six hundred forty degrees Fahrenheit at a ninety
percent recovery point;

# G.

special fuel received in New Mexico on which New Mexico special fuel excise tax
was paid by the out-of-state terminal at which the special fuel was loaded, provided that
documentation that the special fuel was to be imported into New Mexico was provided
to the terminal operator by the person receiving the fuel; and

# H.

special fuel received in New Mexico that:
(1) prior to July 1, 2014, consists of at least ninety-nine percent vegetable oil
or animal fat; provided that the use is restricted to an auxiliary fuel system that is subject
to a certificate of conformity pursuant to the federal Clean Air Act; or
(2) is biodiesel received or manufactured and delivered to a rack operator that
is within the state for blending or resale.