How to Get New Mexico Sales Tax Permit | A Comprehensive Guide

New Mexico Sales Tax Permit

Have you ever wondered what a sales tax permit is in New Mexico? If you don’t, then we will guide you through it. In New Mexico, a sales tax permit, also known as a seller’s permit, is a legal document that allows businesses, specifically New Mexico LLC, to collect and remit sales tax to the New Mexico government. This permit ensures businesses operate legally and have the necessary permissions to conduct sales within a particular state. New Mexico has its own rules and regulations surrounding sales tax permits. Business owners must familiarize themselves with the requirements and processes to comply with the law.

In this comprehensive guide, Webinarcare Editorial Team will walk you through everything you need to know about obtaining and maintaining New Mexico Sales Tax Permit. From understanding the basics of sales tax to the intricacies of the application process, we have got you covered. You must be guided by all the factors gathered in this article.

What is a Sales Tax Permit?

A sales tax permit is New Mexico-issued license that allows businesses to collect and remit sales tax on the goods and services they sell. This permit ensures New Mexico businesses operate legally and have the necessary permissions to conduct sales within a particular state. In New Mexico, a sales tax permit is required for businesses that sell taxable goods or services and are required to collect sales tax from their customers.

Who Needs a Sales Tax Permit?

Not all businesses need a sales tax permit. Typically, businesses that sell tangible personal property or taxable services to customers within New Mexico require a sales tax permit. This includes brick-and-mortar stores, online retailers, and service providers. New Mexico may also require sales tax permits for businesses that sell certain types of products or services, such as alcohol or tobacco. If you plan to start a bakery business in New Mexico, you typically need a sales tax permit to collect and remit sales tax on the items you sell.

If your business operates in multiple states or forms a foreign LLC in New Mexico, you may need to obtain a sales tax permit for each state with a sales tax nexus. A sales tax nexus is a connection or presence a business has within a state that requires them to collect and remit sales tax. Factors that can create a nexus include the following:

  • Physical location
  • Employees
  • Inventory within a state

Obtaining a sales tax permit in New Mexico is not just about complying with regulations, but about seizing the opportunity to grow and thrive in the market. To start an LLC must be a gateway to establish a legitimate business presence and to build trust with customers. Embrace this essential step, for it paves the path towards success and prosperity.

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How to Get a Sales Tax Permit in New Mexico

The process for obtaining a sales tax permit varies from state to state. Generally, New Mexico businesses must apply through the New Mexico Taxation and Revenue Department. The following steps provide an overview of the application process:

Step 1: Determine If You Need a Sales Tax Permit 

Before applying, determine if your New Mexico business needs a sales tax permit based on the goods or services you sell and where you operate.

Most New Mexico businesses that sell tangible goods or services must have a sales tax permit. This includes:

  • Retailers – businesses that sell goods directly to consumers, such as clothing stores, grocery stores, and electronics stores.
  • Service Providers – businesses that provide services, such as hair salons, auto repair shops, and landscaping companies.
  • Wholesalers – businesses that sell goods to other businesses, such as distributors and manufacturers.
  • Online Sellers – businesses that sell goods or services online, including New Mexico E-commerce and online marketplaces.

Step 2: Register Your New Mexico Business

Register your business in New Mexico if you still need to. This may involve obtaining an Employer Identification Number (EIN) in New Mexico from the Internal Revenue Service and registering your business name with the New Mexico Secretary of State. 

Your New Mexico business name should be unique, memorable, and reflective of your products or services. There is a complete guide on New Mexico Business Name Search for a proper New Mexico business name. You can also check the availability of your desired business name by searching the New Mexico Secretary of State Business Search‘s website.

In obtaining an EIN, it can be done through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Complete the registration for a legal New Mexico business if you plan to sell tangible goods. 

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Step 3: Gather The Necessary Information

The next step is to collect the required information for the New Mexico sales tax permit application. To obtain a sales tax permit in New Mexico, you will need to gather the following necessary information:

  1. Business Details: Provide the legal name, mailing address, and contact information of your business, including your New Mexico DBA (Doing Business As) names.
  2. Entity Type: Indicate whether your business is a sole proprietorship, partnership, corporation, LLC, or legal entity.
  3. EIN/SSN: Have your Employer Identification Number (EIN) or Social Security Number (SSN) ready. This identification is required to associate the sales tax permit with your business.
  4. Purpose of Permit: Explain the nature of your business activities, such as retail sales, wholesale, manufacturing, or service, to determine the appropriate sales tax category.
  5. Product/Service Description: Provide a brief description of the goods or services your business offers, including any unique details that may impact the sales tax requirements.
  6. Nexus Information: Identify if your business has a physical presence or nexus in New Mexico, such as a brick-and-mortar location, employees, or inventory storage.
  7. Estimated Sales: Estimate your expected monthly or annual sales volume in New Mexico to determine the appropriate tax registration and reporting requirements.
  8. Previous Registration: If you are already registered for sales tax in another state, provide details to determine if any reciprocal agreements or exemptions apply.
  9. Supporting Documents: Some states may require additional documentation, such as a copy of your business license, federal tax returns, or a certificate of authority.
  10. Fee Payment: Be prepared to pay the required fee for obtaining a sales tax permit in New Mexico.

It’s important to note the exact requirements and processes in New Mexico. It is recommended to visit the official website of the New Mexico Taxation and Revenue Department or consult with a tax professional for accurate and up-to-date information.

Step 4: Complete The Application

Fill out the sales tax permit application form for New Mexico, either online or by paper. Be prepared to answer questions about your business operations, products, and services. You can register your New Mexico sales tax permit in Step 5: Pay Any Required Fees

In New Mexico, the state permit may charge a fee for obtaining a sales tax permit. Be prepared to pay this fee when submitting your application. Usually, it costs $0 (Free). 

Step 6: Submit The Application

Submit your completed application, along with the required fee of $0 (Free), to the New Mexico Taxation and Revenue Department.

Step 7: Receive Your Permit

Once your application is approved, you will receive your sales tax permit. This may be a physical document or an electronic certificate you can print. 

How to Maintain a Sales Tax Permit

After obtaining a sales tax permit, New Mexico businesses must maintain compliance with New Mexico sales tax laws. This typically involves the following steps:

  • Collect Sales Tax: Collect sales tax from customers on taxable goods and services. Be sure to charge the correct sales tax rate based on your and your customer’s locations. The sales tax rate in New Mexico is 5.13%. 
  • Keep Accurate Records: Maintained detailed records of all sales transactions, including the amount of sales tax collected. This information will be required when filing your sales tax returns. Hire a certified public accountant (CPA) to keep track of records. 
  • File Sales Tax Returns: File sales tax returns with New Mexico, typically monthly, quarterly, or annually, depending on your sales volume and New Mexico requirements. Be sure to remit the sales tax collected during the reporting period.
  • Renew your Permit: New Mexico requires businesses to renew their sales tax permits periodically. Know your state’s renewal requirements and complete the necessary steps to maintain your permit.

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Penalties for Non-Compliance

Failure to obtain or maintain a sales tax permit can seriously affect a business. Penalties for non-compliance can include fines, penalties, interest charges, and even the revocation of your business license. Additionally, New Mexico businesses that fail to collect and remit the New Mexico sales tax may be held personally liable for the unpaid taxes.

Do I Need a Sales Tax Permit If I Only Sell Online?

You likely need a sales tax permit if you sell taxable goods or services online and have a sales tax nexus in New Mexico. To have a Home-Based Business in New Mexico, you must still file and maintain a sales tax permit. 

How Long Does Obtaining a Sales Tax Permit Take?

The processing time for sales tax permit applications takes time. In New Mexico, they may issue permits within a few days, while others may take several weeks. Be sure to apply well in advance of when you plan to start selling taxable goods or services.

Can I Have Multiple Sales Tax Permits?

Businesses that operate in multiple states or sell different types of products may need multiple sales tax permits. Be sure to research the specific requirements for each state and product type. Having a foreign LLC is not quite easy since you still need to hire a Registered Agent, file for the Articles of Organization of the state you wish to operate your business, and also, you need to have multiple sales tax permits. 

How Much Does a Sales Tax Permit Cost?

The costs and requirements for obtaining a sales tax permit vary depending on the state. To find accurate information about the cost of a sales tax permit in New Mexico, you can visit the New Mexico Taxation and Revenue Department’s website or consult with a tax professional or accountant familiar with your state’s regulations. They can provide the most up-to-date information on the costs and requirements for obtaining a sales tax permit in New Mexico.

FAQs

What is a sales tax permit in New Mexico?
A sales tax permit in New Mexico is a license that businesses must obtain to collect and remit sales tax on purchases made within the state.
Who needs to obtain a sales tax permit in New Mexico?
Any business that sells tangible goods or taxable services in New Mexico must obtain a sales tax permit.
How do I apply for a sales tax permit in New Mexico?
You can apply online through the New Mexico Taxation and Revenue Department’s website or by mail using Form ACD-31015.
Is there a fee to apply for a sales tax permit in New Mexico?
There is no fee to apply for a sales tax permit in New Mexico.
How long does it take to receive a sales tax permit in New Mexico?
It can take up to 10 business days to receive your sales tax permit in New Mexico.
Is a sales tax permit in New Mexico valid for a specific period of time?
No, a sales tax permit in New Mexico does not expire and is valid until it is cancelled or revoked.
What is the sales tax rate in New Mexico?
The statewide sales tax rate in New Mexico is 5.125%, but certain counties and municipalities may impose additional taxes.
Can I collect sales tax without a sales tax permit in New Mexico?
No, it is illegal to collect sales tax without a valid sales tax permit in New Mexico.
Can I use my sales tax permit from another state in New Mexico?
No, you must obtain a separate sales tax permit for the state of New Mexico.
Can I register for a sales tax permit in New Mexico as a non-resident business?
Yes, non-resident businesses can apply for a sales tax permit in New Mexico.
Can I apply for a sales tax permit in New Mexico if I do not have a Social Security Number?
Yes, you can apply for a sales tax permit in New Mexico with an Individual Tax Identification Number (ITIN).
Do I need to renew my sales tax permit in New Mexico?
No, there is no renewal process for a sales tax permit in New Mexico.
Can I use my sales tax permit to purchase items tax-free in New Mexico?
No, a sales tax permit in New Mexico is only for collecting and remitting sales tax.
How do I report and pay my sales tax in New Mexico?
You can file and pay your sales tax electronically through the New Mexico Taxpayer Access Point or by mail using Form CRS-1.
When is the sales tax return due in New Mexico?
Sales tax returns are due on the 25th day of the month following the reporting period in New Mexico.
What happens if I do not obtain a sales tax permit in New Mexico?
If you do not obtain a sales tax permit in New Mexico, you may be subject to penalties and fines.
Can I apply for a sales tax permit in New Mexico if I have unpaid taxes in another state?
No, you must first resolve any outstanding tax obligations in other states before applying for a sales tax permit in New Mexico.
Can I apply for a sales tax permit in New Mexico if I have a criminal record?
Yes, but your application may be subject to additional scrutiny.
How do I update my business information on my sales tax permit in New Mexico?
You can update your business information by contacting the New Mexico Taxation and Revenue Department.
Can I cancel my sales tax permit in New Mexico?
Yes, you can cancel your sales tax permit in New Mexico by contacting the New Mexico Taxation and Revenue Department.
Do I need a separate sales tax permit for each location in New Mexico?
Yes, you must obtain a separate sales tax permit for each location in New Mexico.
Can I transfer my sales tax permit to a new owner in New Mexico?
No, sales tax permits are not transferable in New Mexico.
How can I get help with my sales tax permit application in New Mexico?
You can contact the New Mexico Taxation and Revenue Department for assistance with your sales tax permit application.
Can I appeal a decision to deny my sales tax permit application in New Mexico?
Yes, you can appeal a decision to deny your sales tax permit application in New Mexico.
What should I do if I lost my sales tax permit in New Mexico?
You should contact the New Mexico Taxation and Revenue Department to obtain a replacement sales tax permit.
Can I make changes to my sales tax permit after it has been issued in New Mexico?
Yes, you can contact the New Mexico Taxation and Revenue Department to make changes to your sales tax permit.
Will I receive a physical sales tax permit in New Mexico?
No, you will receive an electronic sales certificate after your sales tax permit application is processed in New Mexico.
What is a sales tax permit and why do I need one in New Mexico?
A sales tax permit is a document that allows you to collect sales tax on your transactions in New Mexico. It is required by law for businesses that sell taxable goods or services in the state.
Am I required to obtain a sales tax permit if I only sell online in New Mexico?
Yes, if you sell taxable goods or services to buyers in New Mexico, you need to obtain a sales tax permit to collect and remit sales tax to the state.
Do I need to apply for a separate sales tax permit for each of my business locations in New Mexico?
No, you only need one sales tax permit for your business. However, if you have multiple business units, you may need multiple permits depending on the nature of each unit and the products or services it sells.
How long does it take to get a sales tax permit once I submit my application in New Mexico?
Once your sales tax permit application is completed, submitted and approved, you should receive your permit within 10 working days in New Mexico.
Can I sell taxable items and collect sales tax in New Mexico before I receive a sales tax permit?
No, you are not allowed to sell taxable items in New Mexico until you receive your sales tax permit.
How often do I need to renew my sales tax permit in New Mexico?
Sales tax permits in New Mexico do not need renewing, unless the status of your business changes.
What information do I need to complete a sales tax permit application for New Mexico?
You need to provide your business name, address, type of products or services you sell and your taxpayer identification number.
What is required to obtain a sales tax permit with regards to my business type in New Mexico?
Different types of businesses in New Mexico, such as sole proprietors or LLCs may require additional documentation before a sales tax permit is issued.
What happens if I operate without a sales tax permit in New Mexico?
Failing to obtain a sales tax permit in New Mexico can expose you to fines, penalties, and interest, including prosecution by the state.
Can I make sales tax payments without a sales tax permit in New Mexico?
Without a sales tax permit in New Mexico, you are not legally permitted to accept, collect or remit sales tax.
How often do I need to file and pay sales tax in New Mexico?
In New Mexico, the frequency of filing and payment of sales tax varies and can be monthly, bi-monthly, quarterly or annually, depending on the projected tax liability and the business size.
Is the sales tax in New Mexico the same everywhere?
No, sales tax rates in New Mexico vary by local jurisdiction and range from 5.125% to 8.4375%.
What is New Mexico’s gross receipts tax? Do I still need a sales tax permit for this?
The gross receipts tax in New Mexico is a transaction tax on the total amount that businesses receive from selling taxable items or services. You will still need to obtain a sales tax permit as the gross receipts tax is collected as part of your sales tax.
Can I use a resale certificate to avoid paying sales tax in New Mexico?
If the resale certificate is authentic, complete and certified by the state, a registered vendor in New Mexico can accept it as exempt from sales tax.
Are there any sales tax exemptions in New Mexico?
Yes, some products or services in New Mexico may be exempt from sales tax, depending on specific exemptions and policies by the state.
When should I collect and remit sales tax along with my New Mexico gross receipts tax reports?
New Mexico sales tax must be charged and collected when you make the sale. You must file the tax return and remit the sales tax by the due date each filing period.
Do I need to collect sales tax on services I provide in New Mexico?
Certain services, such as medical and legal services, are not taxable in New Mexico. Other services such as car and home repairs, restaurant or janitorial services are taxable in New Mexico.
What do I do if I have an exemption number?
If you have an exemption number, be sure to include it on the appropriate line on your sales tax return in New Mexico.
Can I collect both sales tax and gross receipts tax on the same item in New Mexico?
Yes, you can collect and remit both taxes in New Mexico if you sell taxable goods or services, electricity, gas and other utilities.
Can I acquire a sales tax permit if I don’t have a physical business location in New Mexico?
Yes, you can register your business with New Mexico’s Taxation and Revenue Department by completing a Non corporate Partner, or a Combined Reporting System registration forms.
Do I need to register as a vendor in New Mexico if I am traveling into New Mexico for temporary sales?
Yes, vendors conducting temporary or event vending in New Mexico may need to register with either an event organizing sponsor or simply register individually with the state.
Do I need to include both state and local sales tax rates when filing my sales tax return in New Mexico?
Yes, when filing your New Mexico sales tax return, you must include both state and any applicable county and city taxes on the gross receipts collected.
How do I determine what county and city tax rates apply to me in New Mexico?
The most accurate way to check local tax requirements for your business in New Mexico is by contacting the locality in person, or to review them via a tax adviser or New Mexico’s website.
What do I do if I am late filing or late paying my sales tax in New Mexico?
Late payments and late filing of tax returns add interest and penalties to the amount owed. To avoid interest and penalties, contact the New Mexico tax collection agency immediately to establish a payment plan.
How often and in what format must I file electronic returns in New Mexico?
A seller in the state of New Mexico must file returns each period even if no gross receipts or tax is due. Alsoan electronic filing can occur on a monthly, quarterly or annual basis, depending on business structure. Returns that are not of electronic format require individuals licensed for Gross Receipts Tax as permitted vendors to fill out and send alternative paper-based forms.
What should I do if I go out-of-business in New Mexico?
When going out-of-business in New Mexico, it is important to officially terminate with the licensing office in the state and to close down all online sales platforms as fast as possible.
What are the responsibilities of a timely and correct filing of New Mexico sales tax returns?
Specific returns must be filed with New Mexico indicating details such as gross revenue and business location. Noncompliance with filing rules can render Sellers vulnerable to future audits.

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Conclusion

Obtaining and maintaining a sales tax permit is crucial to running a compliant and successful business. By understanding the requirements and processes in New Mexico, you can ensure that your business collects and remits sales tax correctly and avoids any penalties for non-compliance. Consulting with a tax professional or New Mexico attorney is recommended to ensure that your New Mexico business meets all necessary sales tax requirements.

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