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NMSA 1978 Chapter 7 — Taxation

NMSA 1978, § 7-4-9

Allocation of patent and copyright royalties

Official textnmonesource.comlast amended

# A.

Patent and copyright royalties are allocable to this state:

# (1)

if and to the extent that the patent or copyright is utilized by the payer in this state; or

# (2)

if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this state.

# B.

A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located.

# C.

A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located.

Amendment history

1953 Comp., § 72-15A-24, enacted by Laws 1965, ch. 203, § 9.

Source: official source (NMSA chapter on nmonesource.com)

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In this article (21 sections)
  1. 7-4-1 · Short title
  2. 7-4-2 · Definitions
  3. 7-4-3 · Allocation and apportionment of income in general
  4. 7-4-4 · When taxable in another state
  5. 7-4-5 · Allocation of certain nonbusiness income
  6. 7-4-6 · Allocation of rents and royalties
  7. 7-4-7 · Allocation of capital gains and losses
  8. 7-4-8 · Allocation of interest and dividends
  9. 7-4-9 · Allocation of patent and copyright royalties
  10. 7-4-10 · Apportionment of business income
  11. 7-4-11 · Property factor for apportionment of business income
  12. 7-4-12 · Valuation of property for inclusion in property factor
  13. 7-4-13 · 7-4-13
  14. 7-4-14 · Payroll factor for apportionment of business income
  15. 7-4-15 · 7-4-15
  16. 7-4-16 · Sales factor for apportionment of business income
  17. 7-4-17 · 7-4-17
  18. 7-4-18 · 7-4-18
  19. 7-4-19 · 7-4-19
  20. 7-4-20 · Agreements authorized in unusual cases
  21. 7-4-21 · Construction of act
Full table of contents →