N.M. Stat. Ann. § 7-32-9 – Operator or purchaser to withhold interest owner's tax; department may require withholding of tax; tax withheld to be remitted to the state; operator or purchaser to be reimbursed

A. Any operator making a monetary payment to an interest owner for the interest owner's portion of the value of products from a production unit shall withhold from such payment the amount of tax due from any interest owner.
B. Any purchaser, who by express or implied agreement with the operator, makes a monetary payment to an interest owner for the interest owner's portion of the value of products from a production unit shall withhold from such payment the amount of tax due from the interest owner.
C. The department may require any purchaser making a monetary payment to an interest owner for the interest owner's portion of the value of products from a production unit to withhold from such payment the amount of tax due from the interest owner.
D. Any operator or purchaser who pays any tax due from an interest owner shall be entitled to reimbursement from the interest owner for the tax so paid and may take credit for such amount from any monetary payment to the interest owner for the value of products.

History: 1953 Comp., § 72-22-9, enacted by Laws 1959, ch. 55, § 9; 1978 Comp., § 7-32-9, 2025, ch. 130, § 135.

ANNOTATIONS

The 2025 amendment, effective July 1, 2025, in the section heading, replaced each occurrence of "commission" with "department" and throughout the section; and added new subsections designations "A" through "D".