NMSA 1978, § 7-5A-6 — Agreement requirements

The secretary of taxation and revenue shall not enter into the agreement unless the
agreement:

# A.

sets restrictions to achieve more uniform state tax rates by limiting:
(1) the number of member state tax rates;
(2) the application of maximums on the amount of member state taxes due on
transactions; and
(3) the application of thresholds on the application of member state taxes;

# B.

establishes uniform standards for:
(1) sourcing transactions to taxing jurisdictions;
(2) administering exempt sales; and
(3) providing allowances that a seller can receive for bad debts;

# C.

requires member states to develop and adopt uniform definitions of sales tax and
use tax terms that enable the member states to make policy choices consistent with the
definitions;

# D.

provides for a certified automated system that allows a seller to register to collect
and remit sales taxes and use taxes for each member state;

# E.

provides that registration with the certified automated system and the collection
of a sales tax and a use tax in a member state will not be used to determine if the seller
has a nexus with a member state for tax purposes;

# F.

provides for reduction of the burden of complying with local sales taxes and use
taxes by:
(1) restricting variances between the member state and local tax bases;
(2) requiring each member state to administer the sales tax and use tax levied
by a local jurisdiction within the member state so that a seller collecting and remitting
the taxes will not be required to register or file a return with, remit funds to or be subject
to an independent audit from a local taxing jurisdiction;
(3) restricting change in each local sales tax rate and use tax rate and setting
an effective date for a change in the boundaries of a local taxing jurisdiction; and
(4) providing notice of a change in each local sales tax rate and use tax rate
and of a change in the boundaries of a local taxing jurisdiction;

# G.

outlines monetary allowances provided by member states to sellers and certified
service providers;

# H.

requires each state to certify compliance with the terms of the agreement before
becoming a member state and to maintain compliance with provisions of the agreement
pursuant to the law of the member state while a member state;

# I.

requires each member state to adopt a uniform policy for certified service
providers that protects the privacy of consumers and maintains the confidentiality of tax
information; and

# J.

provides for the appointment of an advisory council of private sector
representatives and an advisory council of nonmember state representatives with which
to consult with respect to the administration of the agreement.