New Mexico Sales and Use Tax
What is the New Mexico sales tax? 5.125%
Taxes in New Mexico are destination-based, meaning the New Mexico sales tax rate is based, or determined from, the location where a sale originates
To see a full breakout of New Mexico sales tax rates by state, county, city and special district, use our easy New Mexico sales tax calculator. After putting in any ZIP code, you can enter a retail price to calculate New Mexico sales tax totals.
What is the New Mexico use tax?
The New Mexico state use tax rate is the same as the state rate, but there is no use tax collected for county, city or special districts.
If you reside in NM, use tax is due to the state on any and all transactions where sales tax has not been paid, even out-of-state internet sales.
Who has to pay New Mexico sales tax or use tax?
In general, a business must collect and remit all applicable New Mexico sales taxes if that business has nexus, a physical presence such as a brick-and-mortar location, within a given state. The presence of an employee or salesperson, delivery by the seller's vehicle, and storage of materials usually establishes nexus as well.
New Mexico says that an out-of-state seller is required to collect tax if they can be defined as "sellers that attempt to exploit in-state markets by carrying on an activity". New Mexico does not currently have additional laws establishing nexus for other reasons such as out-of-state businesses using in-state affiliates, advertisers or vendors, or businesses that make internet sales or mail catalogs.
If you are not sure if you have established nexus in New Mexico, you can usually get free help by contacting the New Mexico Tax and Revenue Department. Click here for an updated listing of direct phone numbers. You could also contact a qualified certified public accountant or lawyer who specializes in tax law in New Mexico. Click here for listing of recommended resources.
Special rules applying to New Mexico:
- Shipping is taxable.
- Finance charges are exempt from sales tax.
- Clothing is taxed at the same rate as the general sales tax.
- New Mexico Sales tax holidays are held for some back to school items .
Since New Mexico legislators can vote to change the New Mexico sales tax and use tax rates at any time, it is very difficult for individuals to keep track of the changes. The population of NM state is also rapidly changing, which can cause frequent updates to the ZIP codes and local municipality names and complicates the job of keeping track of New Mexico sales tax jurisdictions.