New Mexico Policy Statement on Compensating Associates Originating Client Business

State:
Multi-State
Control #:
US-L0303B
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This document is a policy statement that defines the way an associate will be compensated for originating client business for the firm. It provides the percentage of fees paid to the associate, along with a "cap" amount in any given year. It also addresses carry-over amounts to the next calendar year and the issue of the associate leaving the firm.

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FAQ

Generally speaking, sales and leases of goods and other property, both tangible and intangible, are taxable. Unlike many other states, sales and performances of most services are taxable in New Mexico. Most tangible goods are also taxable with the exception of grocery items.

During registration, each business will be provided with a State Tax ID number, also known as a Combined Reporting System (CRS) ID Number. This registration it is used to report and pay tax collected on gross receipts from business conducted in New Mexico.

Compensating tax is imposed when a business or an individual uses tangible property, a service, a license or a franchise that was acquired as a result of a transaction with a person located outside the state that would have been subject to gross receipts tax if the seller had nexus in New Mexico.

The Gross Receipts Tax rate varies throughout the state from 5.125% to 9.4375%. It varies because the total rate combines rates imposed by the state, counties, and, if applicable, municipalities where the businesses are located.

Whenever you transfer something of value to an employee as compensation for the employee's services, you've potentially made a taxable wage payment. You should assume that all compensation you pay to employees is taxable wages unless you're aware that the law exempts a given payment from taxation.

When the service is performed in New Mexico, it is taxable. In general, maintenance contracts are either taxable at the time of sale or taxable at the time of service.

Receipts subject to one of the following taxes are exempt from governmental gross receipts tax: gross receipts tax; compensating tax; motor vehicle excise tax; gasoline tax; special fuel supplier's tax; the oil and gas emergency school, severance, conservation and ad valorem taxes; resources tax; processors tax;

The tax is imposed on the gross receipts of businesses or people who sell property, perform services, lease or license property or license a franchise in New Mexico. The same goes for those who sell research and development services performed outside New Mexico when the resulting product is initially used here.

If you have no business location or resident salesperson but are liable for gross receipts tax (for instance, because you lease property used in New Mexico or perform a non-construction service in New Mexico), you are liable for tax at the rate for out-of-state businesses, the state gross receipts tax rate of 5.125%.

Traditional Goods or ServicesPrescription medicine, groceries, and gasoline are all tax-exempt. New Mexico is unique in the fact that the state requires gross receipts tax to be paid on all services.

More info

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New Mexico Policy Statement on Compensating Associates Originating Client Business