New Mexico 2025 Regular Session

New Mexico Senate Bill SB378 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 378
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	William E. Sharer and Micaelita Debbie O’Malley
48	48	AN ACT
49	49	RELATING TO TAXATION; AMENDING THE LIQUOR EXCISE TAX ACT TO
50	50	ALTER RATES OF THE LIQUOR EXCISE TAX.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. Section 7-17-5 NMSA 1978 (being Laws 1993,
53	53	Chapter 65, Section 8, as amended) is amended to read:
54	54	"7-17-5. IMPOSITION AND RATE OF LIQUOR EXCISE TAX.--
55	55	A. There is imposed on a wholesaler who sells
56	56	alcoholic beverages on which the tax imposed by this section
57	57	has not been paid an excise tax, to be referred to as the
58	58	"liquor excise tax", at the following rates on alcoholic
59	59	beverages sold:
60	60	(1) on spirituous liquors, except as provided
61	61	in Paragraph (9) of this subsection, [one dollar sixty cents
62	62	($1.60)] one dollar ninety-two cents ($1.92) per liter;
63	63	.230572.1 underscored material = new
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90	90	(2) on beer, except as provided in
91	91	Paragraph (5) of this subsection, [forty-one cents ($.41) ]
92	92	forty-nine cents ($.49) per gallon;
93	93	(3) on wine, except as provided in Paragraphs
94	94	(4) and (6) of this subsection, [forty-five cents ($.45) ]
95	95	fifty-four cents ($.54) per liter;
96	96	(4) on fortified wine, [one dollar fifty cents
97	97	($1.50)] one dollar eighty cents ($1.80) per liter;
98	98	(5) on beer manufactured or produced by a
99	99	microbrewer and sold in this state, provided that proof is
100	100	furnished to the department that the beer was manufactured or
101	101	produced by a microbrewer, eight cents ($.08) per gallon on the
102	102	first thirty thousand barrels sold, twenty-eight cents ($.28)
103	103	per gallon for all barrels sold over thirty thousand barrels
104	104	but less than sixty thousand barrels and forty-one cents ($.41)
105	105	per gallon for sixty thousand or more barrels sold;
106	106	(6) on wine manufactured or produced by a
107	107	small winegrower and sold in this state, provided that proof is
108	108	furnished to the department that the wine was manufactured or
109	109	produced by a small winegrower:
110	110	(a) ten cents ($.10) per liter on the
111	111	first eighty thousand liters sold;
112	112	(b) twenty cents ($.20) per liter on
113	113	each liter sold over eighty thousand liters but not over nine
114	114	hundred fifty thousand liters; and
115	115	.230572.1
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143	143	(c) thirty cents ($.30) per liter on
144	144	each liter sold over nine hundred fifty thousand liters but not
145	145	over one million five hundred thousand liters;
146	146	(7) on cider, except as provided in Paragraph
147	147	(8) of this subsection, [forty-one cents ($.41) ] forty-nine
148	148	cents ($.49) per gallon;
149	149	(8) on cider manufactured or produced by a
150	150	small winegrower and sold in this state, provided that proof is
151	151	furnished to the department that the cider was manufactured or
152	152	produced by a small winegrower, eight cents ($.08) per gallon
153	153	on the first thirty thousand barrels sold, twenty-eight cents
154	154	($.28) per gallon for all barrels sold over thirty thousand
155	155	barrels but less than sixty thousand barrels and forty-one
156	156	cents ($.41) per gallon for sixty thousand or more barrels
157	157	sold; and
158	158	(9) on spirituous liquors manufactured or
159	159	produced by a craft distiller licensed pursuant to Section
160	160	60-6A-6.1 NMSA 1978, provided that proof is provided to the
161	161	department that the spirituous liquors were manufactured or
162	162	produced by a craft distiller, for products up to ten percent
163	163	alcohol by volume, eight cents ($.08) per liter for the first
164	164	two hundred fifty thousand liters sold and twenty-eight cents
165	165	($.28) per liter for the next two hundred fifty thousand liters
166	166	sold and for products over ten percent alcohol by volume,
167	167	thirty-two cents ($.32) per liter on the first one hundred
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196	196	seventy-five thousand liters sold and sixty-five cents ($.65)
197	197	per liter on the next two hundred thousand liters sold.
198	198	B. The volume of wine transferred from one
199	199	winegrower to another winegrower for processing, bottling or
200	200	storage and subsequent return to the transferor shall be
201	201	excluded pursuant to Section 7-17-6 NMSA 1978 from the taxable
202	202	volume of wine of the transferee. Wine transferred from an
203	203	initial winegrower to a second winegrower remains a tax
204	204	liability of the transferor, provided that if the wine is
205	205	transferred to the transferee for the transferee's use or for
206	206	resale, the transferee then assumes the liability for the tax
207	207	due pursuant to this section.
208	208	C. A transfer of wine from a winegrower to a
209	209	wholesaler for distribution of the wine transfers the liability
210	210	for payment of the liquor excise tax to the wholesaler upon the
211	211	sale of the wine by the wholesaler."
212	212	SECTION 2. EFFECTIVE DATE.--The effective date of the
213	213	provisions of this act is July 1, 2025.
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215	215	.230572.1