NMSA 1978, § 7-3A-2 — Definitions

As used in the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act:

# A.

"department" means the taxation and revenue department, the secretary of
taxation and revenue or any employee of the department exercising authority lawfully
delegated to that employee by the secretary;

# B.

"Internal Revenue Code" means the Internal Revenue Code of 1986, as
amended;

# C.

"net income" means, for any pass-through entity:
(1) in the case of an owner that is taxed as a corporation for federal income
tax purposes, "net income" as defined in the Corporate Income and Franchise Tax Act
[Chapter 7, Article 2A NMSA 1978]; and
(2) for all other owners, "net income" as defined in the Income Tax Act
[Chapter 7, Article 2 NMSA 1978];

# D.

"oil and gas" means crude oil, natural gas, liquid hydrocarbons or any
combination thereof, or carbon dioxide;

# E.

"oil and gas proceeds" means any amount derived from oil and gas production
from any well located in New Mexico and payable as royalty interest, overriding royalty
interest, production payment interest, working interest or any other obligation expressed
as a right to a specified interest in the cash proceeds received from the sale of oil and
gas production or in the cash value of that production, subject to all taxes withheld
therefrom pursuant to law; "oil and gas proceeds" excludes "net profits interest" and
other types of interest the extent of which cannot be determined with reference to a
specified share of the oil and gas production and excludes any amounts deducted by
the remitter from payments to interest owners or paid by interest owners to the remitter
that are for expenses related to the production from the well or cessation of production
from the well for which the interest owner is liable;

# F.

"owner" means a partner in a partnership not taxed as a corporation for federal
income tax purposes for the taxable year, a shareholder of an S corporation or of a
corporation other than an S corporation that is not taxed as a corporation for federal
income tax purposes for the taxable year, a member of a limited liability company or any
similar person holding an ownership interest in any pass-through entity. "Owner" also
means a performing artist to whom payments are due from a personal services
business;

# G.

"partnership" means a combination of persons, including a partnership, joint
venture, common trust fund, association, pool or working agreement, or any other
combination of persons that is treated as a partnership for federal income tax purposes;

# H.

"pass-through entity" means a personal services business or any other business
association other than:
(1) a sole proprietorship;
(2) an estate or trust that does not distribute income to beneficiaries;
(3) a corporation, limited liability company, partnership or other entity not a
sole proprietorship taxed as a corporation for federal income tax purposes for the
taxable year;
(4) a partnership that is organized as an investment partnership in which the
partners' income is derived solely from interest, dividends and sales of securities;
(5) a single member limited liability company that is treated as a disregarded
entity for federal income tax purposes; or
(6) a publicly traded partnership as defined in Subsection (b) of Section 7704
of the Internal Revenue Code;

# I.

"person" means an individual, club, company, cooperative association,
corporation, estate, firm, joint venture, partnership, receiver, syndicate, trust or other
association, limited liability company, limited liability partnership or gas, water or electric
utility owned or operated by a county or municipality and, to the extent permitted by law,
a federal, state or other governmental unit or subdivision or an agency, a department or
an instrumentality thereof;

# J.

"personal services business" means a business organization that receives
payments for the services of a performing artist for purposes of the film production tax
credit;

# K.

"remittee" means a person that is entitled to payment of oil and gas proceeds by
a remitter; and

# L.

"remitter" means a person that pays oil and gas proceeds to any remittee.