This factor is a percentage determined as follows:
Your sales in New Mexico during the tax period (exclude non-business income), divided by:
Your total sales everywhere during the tax period (exclude non-business income).
Sales means all gross receipts from transactions and activity in the regular course of business.
Tangible personal property is sold in New Mexico when any of the following applies:
- the property was delivered or shipped to a purchaser other than the U.S. government within New Mexico (regardless of the F.O.B. point or other conditions of sale), or
- the property was shipped from an office, store, warehouse, factory or other place of storage within New Mexico, and (a) the purchaser was the U.S. government, or (b) the taxpayer was not subject to income tax in the state where the property was sold.
Sales other than sales of tangible personal property are made in New Mexico when any of the following applies:
- the income-producing activity was performed in New Mexico, or
- the income-producing activity was performed both inside and outside New Mexico, but a greater proportion was performed inside New Mexico than in any other single state (the proportion shall be determined by the cost of performance in each state); or
- the gross receipts were from the rental, lease, licensing or any other use of either real or tangible personal property during the time the property was in New Mexico, or
- the gross receipts were from the performance of personal services in New Mexico.
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