NMSA 1978, § 7-4-17 — 7-4-17

Determination of sales in this state of tangible personal
property for inclusion in sales factor.
Sales of tangible personal property are in this state if:

# A.

the property is delivered or shipped to a purchaser other than the United States
government within this state regardless of the f. o. b. point or other conditions of the
sale; or

# B.

the property is shipped from an office, store, warehouse, factory or other place of
storage in this state and:
(1) the purchaser is the United States government; or
(2) the taxpayer:
(a) is not taxable in the state of the purchaser; and
(b) did not make an election for apportionment of business income pursuant
to Subsection B or C of Section 7-4-10 NMSA 1978.