ACME Mechanical

18-03

On August 16, 2017, the Department assessed the Taxpayer for gross receipts tax, penalty, and interest for the tax period starting January 1, 2012 and ending December 31, 2014. On August 30, 2017, the Taxpayer filed a timely protest with the Department. During the time at issue, the Taxpayer was providing services in New Mexico as a plumbing contractor. The Taxpayer subcontracted with two companies to provide plumbing services on construction projects in New Mexico. The assessment was the result of an audit conducted in 2017. Unfortunately, both of those NTTCs were executed after the deadline given by the Department to the Taxpayer to obtain NTTCs. Due to the NTTCs not being submitted by the deadline of August 2, 2017, the Department rejected them and disallowed the associated deduction. The issue to be decided in this protest is whether the Taxpayer is liable for the gross receipts tax, penalty and interest assessed. The issue hinges on the timeliness of the Taxpayer’s acceptance and submission of the NTTCs. Per Section 7-9-43(A) NMSA 1978, the taxpayer should be in possession of the NTTC when the transaction of the receipts takes place but allows for the Department to give a 60 day window if a taxpayer is placed under audit to give those NTTCs to the Department. This statute specifies that if the taxpayer has not obtained the NTTC within the sixty day time frame the deduction is to be disallowed. It was not disputed that the Taxpayer’s receipts used to calculate the assessment would be deductible if the NTTCs could be allowed. However, the Department cannot allow the deductions based on when the NTTCs were executed and submitted to the Department. The Hearing Officer determined that by the Taxpayer not presenting the NTTCs in a timely manner, as required by statute, the Taxpayer waived its right to the claimed deduction. For the foregoing reasons, the Taxpayer’s protest is denied.