SENATE BILL 106

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

John M. Sapien

AN ACT

RELATING TO TAXATION; REMOVING AN EXEMPTION FOR CERTAIN SHORT-TERM OCCUPANCY RENTALS FROM THE OCCUPANCY TAX.

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

     SECTION 1. Section 3-38-16 NMSA 1978 (being Laws 1969, Chapter 199, Section 4, as amended) is amended to read:

     "3-38-16. EXEMPTIONS.--The occupancy tax shall not apply:

          A. if a vendee:

                (1) has been a permanent resident of the taxable premises for a period of at least thirty consecutive days; or

                (2) enters into or has entered into a written agreement for lodgings at the taxable premises for a period of at least thirty consecutive days;

          B. if the rent paid by a vendee is less than two dollars ($2.00) a day;

          C. to lodging accommodations at institutions of the federal government, the state or any political subdivision thereof;

          D. to lodging accommodations at religious, charitable, educational or philanthropic institutions, including accommodations at summer camps operated by such institutions;

          E. to clinics, hospitals or other medical facilities; or

          F. to privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill [or

          G. if the vendor does not offer at least three rooms within or attached to a taxable premises for lodging or at least three other premises for lodging or a combination of these within the taxing jurisdiction]."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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