Definitions
Laws 1937, ch. 103, § 2; C.S. 1929, § 97-4A-102; 1941 Comp., § 76-1302; Laws 1949, ch. 65, § 2; 1951, ch. 24, § 1; 1953 Comp., § 72-18-2; Laws 1957, ch. 79, § 1; 1959, ch. 52, § 27; 1961, ch. 98, § 2; 1970, ch. 8, § 2; 1974, ch. 61, § 1; repealed and reenacted by Laws 1977, ch. 102, § 4; 1978 Comp., § 7-26-2; 1985, ch. 65, § 24; 1986, ch. 20, § 92; 2025, ch. 130, § 113.State of New Mexico
- As used in the Severance Tax Act:
- A. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
- B. "natural resource" means timber and any metalliferous or nonmetalliferous mineral product, combination or compound thereof but does not include oil, natural gas, liquid hydrocarbon, individually or any combination thereof, or carbon dioxide;
- C. "severer" means any person engaging in the business of severing natural resources that the person owns or any person who is the owner of natural resources and has another person perform the severing of such natural resources;
- D. "severing" means mining, quarrying, extracting, felling or producing any natural resources in New Mexico;
- E. "owner", when used in connection with the severing of any of the natural resources covered by the Severance Tax Act under any lease or contract with the state or United States, includes any person having the right to sever those resources; and
- F. "secretary" means the secretary of taxation and revenue.
History: Laws 1937, ch. 103, § 2; C.S. 1929, § 97-4A-102; 1941 Comp., § 76-1302; Laws 1949, ch. 65, § 2; 1951, ch. 24, § 1; 1953 Comp., § 72-18-2; Laws 1957, ch. 79, § 1; 1959, ch. 52, § 27; 1961, ch. 98, § 2; 1970, ch. 8, § 2; 1974, ch. 61, § 1; repealed and reenacted by Laws 1977, ch. 102, § 4; 1978 Comp., § 7-26-2; 1985, ch. 65, § 24; 1986, ch. 20, § 92; 2025, ch. 130, § 113.
ANNOTATIONS
Repeals and reenactment. — Laws 1977, ch. 102, § 4, repealed former 72-18-2, 1953 Comp., relating to a tax on the gross value at severance, defining "gross value" and providing rates of taxation, effective July 1, 1977.
The 2025 amendment, effective July 1, 2025, in Subsection F, after the subsection designation, deleted "'director' or".
Law reviews. — For comment, "Constitutional Limitations On State Severance Taxes," see 20 Nat. Resources J. 887 (1980).
For comment, "An Outline For Development of Cost-Based State Severance Taxes," see 20 Nat. Resources J. 913 (1980).
For article, "State Policies and Practices in Coal Severance Taxation," Nat. Resources J. 591 (1987).