us-nm/stat
NMSA 1978, § 7-9-119 — Deduction; sales made by dispenser's license holder
A.
Prior to January 1, 2026, a liquor license holder who held the license on June 30,
2021 may deduct from gross receipts the following receipts, for each dispenser's license
for which sales of alcoholic beverages for consumption off premises are less than fifty
percent of total alcoholic beverage sales, up to fifty thousand dollars ($50,000) of
receipts from the sale of alcoholic beverages for taxable years 2022 through 2025.
B.
A taxpayer allowed a deduction pursuant to this section shall report the amount
of the deduction separately in a manner required by the department.
C.
The deduction provided by this section shall be included in the tax expenditure
budget pursuant to Section 7-1-84 NMSA 1978 with an analysis of the cost of the
deduction.
D.
As used in this section:
(1) "alcoholic beverage" means alcoholic beverage as defined in the Liquor
Control Act ;
(2) "dispenser's license" means a license issued pursuant to the provisions of
the Liquor Control Act [Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A
NMSA 1978] allowing the licensee to sell, offer for sale or have in the person's
possession with the intent to sell alcoholic beverages both by the drink for consumption
on the licensed premises and in unbroken packages, including growlers, for
consumption and not for resale off the licensed premises;
(3) "growler" means a clean, refillable, resealable container that has a liquid
capacity that does not exceed one gallon and that is intended and used for the sale of
beer, wine or cider; and
(4) "liquor license holder" means a person that holds a retailer's license
issued pursuant to Section 60-6A-2 NMSA 1978, a special dispenser's license issued
pursuant to Section 60-6A-3 NMSA 1978 or a dispenser's license issued pursuant to
Section 60-6A-12 NMSA 1978 issued prior to July 1, 2021.
Source: official text