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Can I sell products or services online without violating e-commerce laws in New Mexico? What are the requirements?

Selling Products or Services Online in New Mexico

If you plan to sell products or services online in New Mexico, you must comply with the state’s e-commerce laws. Here are some requirements you need to consider:

  1. Sales Tax: You must collect and remit sales tax on all taxable sales made to customers in New Mexico. The state’s sales tax rate is 5.125%, and there may be additional local taxes depending on the location of the customer. You can register for a New Mexico CRS identification number and file your taxes online through the Taxation and Revenue Department’s website[1.1].
  2. Advertising and Labeling: If you advertise, describe, label, or offer for sale a product as containing New Mexico chile, the chile peppers in the product must have been grown in New Mexico. Similarly, if you use the name of any city, town, county, village, pueblo, mountain, river, or other geographic feature located in New Mexico in a misleading or deceptive manner that states or reasonably implies that the product contains New Mexico chile, the chile peppers in the product must have been grown in New Mexico[1.1].
  3. Alcoholic Beverages: If you plan to sell or ship alcoholic beverages into New Mexico, you must obtain a nonresident license as provided in Section 60-6A-7 NMSA 1978. It is unlawful to deliver any alcoholic beverages transported into the state unless the delivery is made in accordance with Section 60-7A-3 NMSA 1978 or Section 4 [60-6A-37 NMSA 1978] of the Liquor Control Act[3.2]([3.2]).
  4. Governmental License: If you plan to sell alcoholic beverages at a governmental facility, you must apply for a governmental license. The governmental entity and its lessee shall be subject to all state laws and regulations governing dispensers[4.1].
  5. Tobacco Products: If you plan to sell tobacco products at any location in the state, you must first obtain a retailer license issued by the division to that person or that person’s employer for that location. An application for a retailer license or for a retailer license renewal shall be submitted on a form prescribed by the division and shall include the name, telephone number, mailing address and email address of the applicant and the address of the applicant’s principal place of business and every location where the applicant sells tobacco products. A nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location is required[2.1]([2.1]).
  6. Other Requirements: Depending on the nature of your business, you may need to comply with other state and federal laws, such as consumer protection laws, data privacy laws, and advertising laws.

It is important to consult with a legal professional to ensure that you are complying with all applicable laws and regulations when selling products or services online in New Mexico.

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Source(s):
Jurisdiction

New Mexico