Chapter 3.25
MUNICIPAL CAPITAL OUTLAY GROSS RECEIPTS TAX
Sections:
3.25.010 Imposition of tax.
There is imposed on any person engaging in business in the municipality for the privilege of engaging in business in this municipality an excise tax equal to one-fourth of one percent of the gross receipts reported or required to be reported by the person pursuant to the New Mexico Gross Receipts and Compensating Tax Act as it now exists or as it may be amended. The tax imposed under this chapter is pursuant to the Municipal Local Option Gross Receipts Taxes Act as it now exists or as it may be amended and shall be known as the “municipal capital outlay gross receipts tax.” [Ord. 2003-02 § 1]
3.25.020 General provisions.
This chapter hereby adopts by reference all definitions, exemptions and deductions contained in the Gross Receipts and Compensating Tax Act as it now exists or as it may be amended. [Ord. 2003-02 § 2]
3.25.030 Specific exemptions.
No municipal capital outlay gross receipts tax shall be imposed on the gross receipts arising from:
A. Transporting persons or property for hire by railroad, motor vehicle, air transportation or any other means from one point within the municipality to another point outside the municipality;
B. A business located outside the boundaries of a municipality on land owned by that municipality for which a state gross receipts tax distribution is made pursuant to Section 7-1-6.4(C) NMSA 1978; or
C. Direct broadcast satellite services. [Ord. 2003-02 § 3]
3.25.040 Dedication.
Revenue from the municipal capital outlay gross receipts tax will be used for the purpose(s) listed below:
A. Any municipal infrastructure purpose, including:
1. The design, construction, acquisition, improvement, renovation, rehabilitation, equipping or furnishing of public buildings or facilities, including parking facilities, the acquisition of land for the public buildings or facilities and the acquisition or improvement of the grounds surrounding public buildings or facilities;
2. Acquisition, construction or improvement of water, wastewater or solid waste systems or facilities and related facilities, including water or sewer lines and storm sewers and other drainage improvements;
3. Acquisition, rehabilitation or improvement of firefighting equipment;
4. Construction, reconstruction or improvement of municipal streets, including acquisitions of rights-of-way;
5. Acquisition of land for open space, public parks or public recreational facilities and the design, acquisition, construction, improvement or equipping of parks and recreational facilities;
6. Payment of gross receipts tax revenue bonds issued pursuant to Chapter 3, Article 31, NMSA 1978. [Ord. 2003-02 § 4]
3.25.050 Effective date.
The effective date of the municipal capital outlay gross receipts tax shall be either January 1st or July 1st, whichever date occurs first after the expiration of three months from the date when the results of the election are certified to be in favor of the ordinance’s adoption and the adopted ordinance is delivered or mailed to the Taxation and Revenue Department. [Ord. 2003-02 § 5]