HOUSE BILL 72
55th legislature - STATE OF NEW MEXICO - second session, 2022
Matthew McQueen and Jason C. Harper
RELATING TO TAXATION; CLARIFYING THAT RECEIPTS FROM THE SALE OF TICKETS OR SERVICES FOR TRANSPORTING ANY PERSON INTO OR NEAR SPACE MAY NOT BE DEDUCTED PURSUANT TO A GROSS RECEIPTS TAX DEDUCTION FOR CERTAIN SPACE AND SPACEPORT SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-9-54.2 NMSA 1978 (being Laws 1995, Chapter 183, Section 2, as amended) is amended to read:
"7-9-54.2. GROSS RECEIPTS--DEDUCTION--SPACEPORT OPERATION--SPACE OPERATIONS--LAUNCHING, OPERATING AND RECOVERING SPACE VEHICLES OR PAYLOADS--PAYLOAD SERVICES-- OPERATIONALLY RESPONSIVE SPACE PROGRAM SERVICES.--
A. Receipts from launching, operating or recovering space vehicles or payloads in New Mexico, except for the sale of tickets or services for transporting any person into or near space, may be deducted from gross receipts.
B. Receipts from preparing a payload in New Mexico are deductible from gross receipts.
C. Receipts from operating a spaceport in New Mexico are deductible from gross receipts.
D. Receipts from the provision of research, development, testing and evaluation services for the United States air force operationally responsive space program may be deducted from gross receipts.
E. As used in this section:
(1) "operationally responsive space program" means a program authorized pursuant to 10 U.S.C. 2273a;
(2) "payload" means a system, subsystem or other mechanical structure or material to be conveyed into space that is designed, constructed or intended to perform a function in space;
(3) "space" means any location beyond altitudes of sixty thousand feet above the earth's mean sea level;
(4) "space operations" means the process of commanding and controlling payloads in space; and
(5) "spaceport" means an installation and related facilities used for the launching, landing, operating, recovering, servicing and monitoring of vehicles capable of entering or returning from space.
F. Receipts from the sale of tangible personal property that will become an ingredient or component part of a construction project or from performing construction services may not be deducted under this section."
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