New Mexico Enacts Legislation Relating to Economic Nexus and Marketplace Facilitators

New Mexico House Bill 6 has been signed into law as Act 270, which changes the definition of “engaging in business” to include persons lacking physical presence in the state (including marketplace providers) who had at least $100,000 of taxable gross receipts in the previous calendar year. Further, where marketplace providers collect tax on behalf of marketplace sellers, the market place sellers may deduct such sales if they obtain documentation from the marketplace provider indicating that the provider has or will remit taxes due. These provisions take effect on July 1, 2019.