HOUSE BILL 465

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO TAXATION; CLARIFYING THE TREATMENT OF SPECIAL FUEL SHIPPED FROM ONE REFINERY OR PIPELINE TERMINAL TO ANOTHER REFINERY OR PIPELINE TERMINAL PURSUANT TO THE SPECIAL FUELS SUPPLIER TAX ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-16A-2.1 NMSA 1978 (being Laws 1997, Chapter 192, Section 6) is amended to read:

     "7-16A-2.1. WHEN SPECIAL FUEL RECEIVED OR USED--WHO IS REQUIRED TO PAY TAX.--

          A. A rack operator receives special fuel at the time and place when the rack operator first loads the special fuel at the refinery or pipeline terminal into tank cars, tank trucks, tank wagons or any other type of transportation equipment or when the rack operator places the special fuel into any tank or other container in this state from which sales or deliveries not involving transportation are made. A rack operator who receives special fuel is required to pay [special fuel excise] the tax on the special fuel received, except as provided otherwise in Subsection B of this section. Special fuel is not received when it is loaded at a refinery or pipeline terminal into tank cars, tank trucks, tank wagons or any other type of transportation equipment for the sole purpose of being shipped from one pipeline terminal or refinery or other facility that produces, refines, manufactures, distills and blends or compounds special fuel, to another pipeline terminal [to another] or refinery or [pipeline terminal] other facility that produces, refines, manufactures, distills and blends or compounds special fuel.

          B. When the rack operator first loads special fuel at the refinery or pipeline terminal into tank cars, tank trucks, tank wagons or any other type of transportation equipment for the account of another person who is registered with the department as a supplier and is taxable under the Special Fuels Supplier Tax Act, [however] that person receives the special fuel and is required to pay the [special fuel excise] tax.

          C. Special fuel imported into New Mexico by any means other than in the supply tank of a motor vehicle or by pipeline is received at the time and place it is imported into this state. The person who owns the special fuel at the time of importation receives the special fuel and is required to pay the [special fuel excise] tax.

          D. If special fuel is received within the exterior boundaries of an Indian reservation or pueblo grant and the person required to pay the [special fuel excise] tax is immune from state taxation, the special fuel is also received when the special fuel is transported off the reservation or pueblo grant by any means other than in the fuel supply tank of a motor vehicle or by pipeline. Any person who owns special fuel after the special fuel is transported off the reservation or pueblo grant receives the special fuel and is the person required to pay the [special fuel excise] tax, unless the [special fuel excise] tax has been paid by a previous owner.

          E. Special fuel is used in New Mexico when it is put into the supply tank of any motor vehicle registered, owned or operated by a special fuel user, consumed by a special fuel user in the propulsion of a motor vehicle on the highways of this state or any activity ancillary to that propulsion, or imported into the state in the fuel supply tank of any motor vehicle for the propulsion of the motor vehicle on New Mexico highways."