N.M. Admin. Code § 3.2.116.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 3.2.116.8 - CRITERIA USED IN DETERMINING ISOLATED OR OCCASIONAL SALES

The department will use the following criteria, but not exclusively, in determining whether or not a transaction involves only an "isolated or occasional" sale or lease:

A. the nature of the service or property;

B. the nature of the market for the service or property sold or leased;

C. the frequency of the service or property sold or leased;

D. any promotional activity such as advertising for the type of sale, business listing on a website, or in any media, physical or otherwise;

E. any holding themselves out as or representing as being in business by the seller or lessor; and

F. if found to be engaging in business pursuant to Section 7-9-3.3 NMSA 1978, the type of sale in relation to the transaction in question.

N.M. Admin. Code § 3.2.116.8

12/5/69, 3/9/72, 11/20/72, 3/20/74, 7/26/76, 6/18/79, 4/7/82, 5/4/84, 4/2/86, 11/26/90, 11/15/96; 3.2.116.8 NMAC - Rn, 3 NMAC 2.28.8, 5/15/01, Adopted by New Mexico Register, Volume XXXV, Issue 18, September 24, 2024, eff. 9/24/2024