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House Bill 184/256 (2012) amended Section 7-9-46 NMSA 1978 to expand the gross receipts deduction for sales of tangible property to manufacturers to include property consumed in the process of manufacturing, excluding tools and equipment.

To take advantage of the new deduction for tangible personal property consumed in the manufacturing business an appropriate non-taxable transaction certificate (NTTC) must be provided to the seller. For the purchase of non-utility tangible personal property, a Type 11 NTTC is required. For the purchase of utilities, which are consumed in the manufacturing process, a Type 12 NTTC is required. Both the Type 11 and 12 NTTCs require the completion of a supplemental application Form RPD-41378, Application for Type 11 or 12 Nontaxable Transaction Certificates. In addition to the supplemental application, those taxpayers who wish to obtain the Type 12 NTTC will also need to complete Form RPD-41377, Manufacturers Agreement to Pay Gross Receipts Tax on Behalf of a Utility Company for Certain Utility Sales. Links to both forms appear below.

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