The primary election lowest unit rate period opens on April 23, 2022 for an June 7, 2022 primary election. The general election lowest unit rate period opens on September 9, 2022 for a November 8, 2022 general election.
NMBA Attorney Art Melendrez reminds members of gross receipts tax information.
| Type of Advertiser | Taxed | Not Taxed |
| Presidential | X | |
| Federal/State/Local Candidate (running only in New Mexico) | X | |
| Issue/PAC (Blended Party/Candidate) | ||
| President | X | |
| Local (NM) Candidate | X | |
| New Mexico Party | X | |
| PAC- President | X | |
| PAC-State, local, federal | X | |
| Issue- National or multi-state | X | |
| Issue- New Mexico | X |
- Applicable gross receipts tax (GRT) rate is the rate in effect at the business location of the broadcaster.
- The location of the advertising agency placing the ad is immaterial. It is the type of advertiser which controls. No GRT is due “when the advertising message is supplied by or on behalf of a national or regional seller or advertiser not having its principal place of business in or being incorporated under the laws of this state.” As a rule of thumb, ads aimed at New Mexico issues and New Mexico campaigns are taxed; items aimed at national issues or races are not.
- The advertising agency may also be subject to gross receipts tax. That issue is separate and distinct from the issue of whether the sale of broadcast time is subject to GRT. The issue is whether the services of the agency are performed in New Mexico or in another state. If the services are performed in New Mexico, GRT will be owed by the agency even if the broadcast time is not subject to GRT.
The above is a general summary; check with your personal tax advisor for questions on specific application of rules and tax results.
