NMSA 1978, § 7-4-18 — 7-4-18

Determination of sales in this state of other than tangible
personal property for inclusion in sales factor.

# A.

Sales, other than sales described in Section 7-4-17 NMSA 1978, are in this state:
(1) in the case of sale, rental, lease or license of real property, if and to the
extent the real property is located in this state;
(2) in the case of rental, lease or license of tangible personal property, if and
to the extent the tangible personal property is located in this state;
(3) in the case of sale of a service, if and to the extent the service is delivered
to a location in this state; and
(4) in the case of sale, rental, lease or license of intangible property, if and to
the extent the intangible property is used in this state.

# B.

If the state or states of assignment under Subsection A of this section cannot be
determined, the state or states of assignment shall be reasonably approximated.

# C.

If the taxpayer is not taxable in a state to which a sale is assigned pursuant to
Subsection A of this section or if the state of assignment cannot be determined or
reasonably approximated pursuant to Subsection B of this section, that sale shall be
excluded from the numerator and denominator of the sales factor.

# D.

The department may promulgate rules as necessary or appropriate to carry out
the purposes of this section.