Sales of License to use Online Database Taxable in New Mexico

An out-of-state company that sells licenses to use its online database to New Mexico customers is subject to gross receipts tax on the sales. License to use qualifies as taxable intangible property. In this case, New Mexico customers buy licenses to use software programs online from the provider. Additionally, the provider’s sales of licenses to government entities or exempt education institutions are subject to gross receipts tax. However, the provider’s receipts from performing consulting and analyst services outside New Mexico are exempt from New Mexico gross receipts tax. Receipts from selling services performed outside New Mexico are exempt from New Mexico gross receipts tax even if the product of such services is initially used in New Mexico.(Ruling No. 401-13-1, New Mexico Taxation and Revenue Department, January 31, 2013)

Posted on February 25, 2013