§ 3.16.030. Definitions.

As used in this chapter:

A.

"Bureau" means the Revenue Division of the Taxation and Revenue Department, the director of that division or any employee of that division exercising authority lawfully delegated to him by the director.

B.

"Buying" or "selling" means any transfer of property for consideration or any performance of service for consideration.

C.

Construction.

1.

"Construction" means building, altering, repairing or demolishing in the ordinary course of business any:

a.

Road, highway, bridge, parking area or related project,

b.

Building, stadium or other structure,

c.

Airport, subway or similar facility,

d.

Park, trail, athletic field, golf course or similar facility,

e.

Dam, reservoir, canal, ditch or similar facility,

f.

Sewerage or water treatment facility, power generating plant, pump station, natural gas compressing station or similar facility,

g.

Sewerage, water, gas or other pipeline,

h.

Transmission line,

i.

Radio or other tower,

j.

Water, oil or other storage tank,

k.

Shaft, tunnel or other mining appurtenance, or

l.

Similar work;

2.

"Construction" also means:

a.

Leveling or clearing land,

b.

Excavating earth,

c.

Drilling wells of any type, including seismograph shot holes or core drilling, or

d.

Similar work.

D.

"Engaging in business" means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit.

E.

"Financial corporation" means any savings and loan association, or any incorporated savings and loan company, trust company, mortgage banking company, consumer finance company or other financial corporation.

F.

Gross Receipts.

1.

"Gross Receipts" means the total amount of money or the value of other consideration, received from selling property, from leasing property or from performing services, and includes any receipts from sales of tangible personal property handled on consignment but excludes cash discounts allowed and taken, New Mexico gross receipts tax payable on transactions for the reporting period and taxes imposed pursuant to the provisions of the County Sales Tax Act, County Gross Receipts Tax Act, or the Municipal Gross Receipts Tax Act which are payable on transactions for the reporting period and any type of time-price differential.

2.

In an exchange in which the money or other consideration received does not represent the value of the property or service exchanged, "gross receipts" means the reasonable value of the property or service exchanged.

3.

When the sale of property or service is made under any type of charge, conditional or time sales contract or the leasing of property is made under a leasing contract, the seller or lessor may elect to treat all receipts, excluding any type of time-price differential, under such contracts as gross receipts as and when the payments are actually received. If the seller or lessor transfers his interest in any such contract to a third person, he shall pay the gross receipts tax upon the full sale or leasing contract amount, excluding any type of time-price differential.

4.

"Gross receipts," for the purposes of the business of buying, selling or promoting the purchase, sale or leasing, as factor, agent or broker, on a commission or fee basis, of any property, service, bond or security, includes only the total commissions or fees derived from the business.

5.

"Gross receipts" also includes amounts paid by members of any cooperative association or similar organization for sales or leases of personal property or performance of services by such organization.

G.

"Leasing" means any arrangement whereby, for a consideration, property is employed for or by any person other than the owner of the property.

H.

"Manufacturing" means combining or processing components or materials to increase their value for sale in the ordinary course of business but does not include construction.

I.

"Municipal gross receipts tax" means the municipal gross receipts tax imposed by this chapter.

J.

"Municipality" means the city of Clovis, New Mexico.

K.

"Person" means:

1.

Any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity, including any gas, water or electric utility owned or operated by a county, municipality or other political subdivision of the state; or

2.

The United States or any agency or instrumentality thereof, the state of New Mexico or any political subdivision thereof.

L.

"Property" means real property, tangible personal property, licenses, franchises, patents, trademarks and copyrights. "Tangible personal property" includes electricity.

M.

Service.

1.

"Service" means all activities engaged in for other persons for a consideration, which activities involve predominantly the performance of a service as distinguished from selling property. In determining what is a service, the intended use, principal objective or ultimate objective of the contracting parties shall not be controlling.

2.

"Service" includes construction activities and all tangible personal property that will become an ingredient or component part of a construction project. However, sales of tangible personal property that will become an ingredient or component part of a construction project to persons engaged in the construction business are sales of tangible personal property.

N.

"Use" or "using" includes use, consumption or storage other than storage for subsequent sale in the ordinary course of business or for use solely outside this state.

(Ord. 1101-78 § 3, 1978).