New Mexico Contractor Taxes and Licensing Guide
By BRIX Editorial Team · Updated
Yes. New Mexico has no classic sales tax, but its gross receipts tax (GRT) covers construction services, labor and incorporated materials included. The contractor owes it on total receipts at the rate for the construction site and may pass it to the customer as a separate line. Materials go into the job tax-free with a Type 6 NTTC.
Key takeaways
- GRT is a tax on your business's gross receipts. For construction, the reporting location is the construction site, so the rate follows the job.
- The state portion has been 4.875% since July 1, 2023; county and city rates are added on top. Rates now change only in July.
- A Type 6 nontaxable transaction certificate (NTTC) lets you buy materials that go into a taxable project without paying GRT to the supplier.
- The Construction Industries Division (CID) licenses general, electrical and mechanical contractors and certifies journeymen.
- Workers' comp is required for any CID-licensed contractor, no matter how few employees, not just for employers of three or more.
Do New Mexico contractors pay tax on labor?
Yes, and that sets New Mexico apart from most of its neighbors. The tax isn't a sales tax on the buyer. It's the gross receipts tax (GRT), which the Taxation and Revenue Department (TRD) says "is imposed on businesses." Construction is squarely in it: TRD's filing guide says "service includes construction and all construction materials that will become part of the construction project." So your labor, the materials you install and your markup all land in gross receipts.
You owe the tax either way, but you can bill for it. TRD notes it's common for a business to pass GRT on to the purchaser, and if you do, show it as its own line on the invoice. Compare Arizona, where repair work carries no tax line and the contractor pays tax on parts at purchase instead.
Location matters more than where your shop sits. In TRD's GRT return instructions (revised July 1, 2025), the reporting location for "construction services and construction-related services performed for a construction project in New Mexico" is "the location of the construction site." A Las Cruces outfit doing a job in Albuquerque reports under Albuquerque's location code. See our labor vs. materials guide for how other states treat the same job.
How do NTTCs work for construction materials?
A nontaxable transaction certificate (NTTC) is the paper (or electronic record) that lets a supplier deduct a sale from its own gross receipts. For contractors the key one is Type 6. TRD's FYI-204 (revised August 24, 2026) says a Type 6 covers sales of construction materials "that will become ingredients or components of a construction project" that is subject to GRT on completion or is on tribal territory, plus construction services sold to you and leases of construction equipment used at the job site.
- Getting one. You request NTTCs through TRD's Taxpayer Access Point (TAP) with a New Mexico Business Tax Identification Number. A Type 6 requires a contractor's license verification, or a written statement if your trade doesn't need a CID license.
- Subs. A subcontractor can deduct receipts from construction services sold to a contractor who gives it a Type 6 NTTC.
- Wrong project. FYI-204 warns that materials bought with an NTTC become taxable if used on a project not subject to GRT on completion. TRD's example is lumber bought in New Mexico and built into a job out of state.
- Tools and supplies. The Type 6 language covers materials that become part of the project. Ask TRD before using a certificate for anything you don't build into the job.
When do you owe New Mexico compensating tax?
Compensating tax is New Mexico's use tax. TRD calls it a tax "imposed on persons using tangible property, services, licenses or franchises in New Mexico" when the out-of-state seller didn't owe GRT. The rate matches the GRT rate for the location where you use the item. You report it on Form TRD-41412, due by the 25th of the month after the period. Our use tax for contractors page covers when this comes up.
Which licenses does New Mexico's CID require?
The Construction Industries Division (CID) of the Regulation and Licensing Department licenses businesses, not just people. RLD says CID issues licenses to business entities that "employ or are owned by one or more Qualifying Parties (QP)." The QP passes the trade exam for the classification plus a business and law exam (or an approved course), and the company files with a license bond and a tax registration certificate from TRD. Read our contractor license guide for the general picture.
| Trade | Agency | Credential | Link |
|---|---|---|---|
| General contractor | RLD Construction Industries Division | GB-2 Residential (two years of foreman-level experience) or GB-98 General building (four years, two of them commercial) | Apply for a CID license |
| Electrical | CID | EE-98 residential, commercial and industrial wiring, or ER-1 residential wiring. Workers hold journeyman certificates such as EE-98J or ER-1J. | 14.6.6 NMAC classifications |
| Plumbing and gas | CID | MM-1 Plumbing or MM-2 Natural gas fitting; MM-98 Mechanical covers MM-1 through MM-4. Journeyman JP, JG or JPG. | 14.6.6 NMAC classifications |
| HVAC | CID | MM-3 Heating, ventilation and air conditioning, or MM-98. Journeyman JR (refrigeration, EPA recovery compliance required) or JSM (sheet metal). | 14.6.6 NMAC classifications |
| Deregulated specialties | CID | No CID license needed since April 1, 2016 for GS-3 tile, GS-10 fencing, GS-11 cabinets and millwork, GS-12 flooring, GS-17 ornamental iron, GS-18 painting, GS-22 sandblasting, GS-26 vaults and GS-28 gunite | TRD NTTC page |
What does New Mexico charge in income and franchise tax?
Owners of sole proprietorships, partnerships and most LLCs pay personal income tax on profit at graduated rates. TRD's 2025 rate table tops out at 5.9% on taxable income over $210,000 for single filers ($315,000 for joint filers), with a 4.9% bracket starting at $100,000. Corporations file corporate income tax and pay a "$50 annual Franchise Tax," per TRD. GRT is on top of all that, and it's owed on receipts, not profit. Plan your quarterly payments with the quarterly estimated tax calculator.
Who needs workers' comp in New Mexico?
The general rule, per the Workers' Compensation Administration (WCA): "All employers of three or more workers are required to carry workers' compensation coverage." Construction is stricter. If your work requires a license under the Construction Industries Licensing Act, you must carry coverage "regardless of the number of employees." Covered employers also pay a quarterly assessment of $4.80 per covered employee, split $2.25 from the worker and $2.55 from the employer. The WCA points employers to an insurance agent to buy a policy. More on premiums in our workers' compensation guide.
What local taxes should I watch in New Mexico?
- Local GRT. Counties and cities add their own increments, so the combined rate differs by location code. TRD says that starting July 1, 2025, rates change only in July unless there's a special situation such as a natural disaster.
- Look it up per job. Use TRD's Gross Receipts Location Code and Tax Rate Map for each job address before you invoice.
- Get paid. New Mexico has its own notice and filing rules for mechanics liens; learn them before a slow payer tests you.
- Neighbors. Cross-border work? See Arizona, Colorado and Utah for their rules.
Frequently asked questions
Is construction labor subject to gross receipts tax in New Mexico?
Yes. TRD treats construction as a service, and it says that service includes all construction materials that become part of the project. Your labor and installed materials are both in gross receipts, reported at the construction site's location code.
Can I charge my customer the GRT?
Yes. GRT is legally owed by your business, but TRD says it's common to pass it on to the purchaser. If you do, list it separately on the invoice. Either way, you remit it to TRD.
What is the state gross receipts tax rate?
TRD lowered the state portion from 5.000% to 4.875% effective July 1, 2023, and its GRT return instructions revised July 1, 2025 still list 4.875% for state-only codes. Local increments are added, so look up the combined rate for each job's location code.
Which NTTC do contractors use to buy materials?
Type 6. TRD's FYI-204 says it covers construction materials that become part of a project subject to GRT on completion, construction services sold to a contractor, and construction equipment leases. You request it through Taxpayer Access Point and need a contractor's license verification or a written statement.
Do I need a CID license to paint or lay flooring in New Mexico?
No. CID stopped requiring licenses on April 1, 2016 for several specialties, including GS-18 painting, GS-12 flooring, GS-3 tile and GS-10 fencing. You still owe GRT on those jobs. To get a Type 6 NTTC without a license, you submit a written statement explaining the exclusion.
Does a one-person construction company need workers' comp in New Mexico?
If you have any employees and your work requires a CID license, yes. The WCA says employers whose work requires a Construction Industries Licensing Act license must carry coverage regardless of the number of employees. Other businesses must carry it at three or more workers.
What happens if I use NTTC materials on an out-of-state job?
You owe the GRT the supplier would have charged. FYI-204 says materials bought with an NTTC become taxable when used on a project that isn't subject to GRT on completion, such as a job outside New Mexico. Tribal territory projects are treated differently.
Related
- Do Contractors Charge Sales Tax on Labor or Materials?Do contractors charge sales tax on labor, materials or both? The main state models, with California, Texas, New York, Washington and Florida rules.
- What Is Use Tax for Contractors?Use tax explained for trades businesses: out-of-state material orders, resale certificate misuse, tools and equipment, and how to track and report it.
- What Is a Contractor License?What a contractor license is, when you need one, and how six states set dollar thresholds, bonds and insurance, with links to each licensing board.
- What Is Workers' Compensation Insurance?When contractors must carry workers' compensation, how employee thresholds differ by state, and how premiums are calculated from payroll and class rates.
- What Is a Mechanic's Lien?How a mechanic's lien works for contractors, with notice, filing and enforcement deadlines from six state statutes and a worked example.
- Quarterly Estimated Tax Calculator for Self-Employed Contractors (2026)Free 2026 quarterly estimated tax calculator for self-employed contractors. See your safe-harbor payment, each due date, and what to set aside.
- Arizona Contractor Taxes and Licensing GuideArizona taxes new construction under prime contracting TPT at 65% of the job, while repair work pays tax on materials. ROC licensing, bonds and comp.
- Colorado Contractor Taxes and Licensing GuideColorado taxes contractors on materials, not labor, and your contract type decides who pays. Home-rule city use tax, licensing, comp and official sources.
- Utah Contractor Taxes and Licensing GuideUtah furnish-and-install contractors pay tax on materials and can't bill it to the owner. Repair labor rules, DOPL licenses, 4.45% income tax and comp.
- Self-Employment Tax Calculator (2026)Free 2026 self-employment tax calculator for contractors. See your Social Security and Medicare tax, the deductible half, and what to save monthly.
Sources
- New Mexico TRD, Gross receipts tax overview (imposed on businesses; passing GRT to purchasers; July-only rate changes) (checked October 19, 2026)
- New Mexico TRD, Who must file (construction as a service) (checked October 19, 2026)
- New Mexico TRD, TRD-41413 gross receipts tax return instructions, rev. 07/01/2025 (construction site reporting; 4.875% state-only codes; NTTC deductions) (checked October 19, 2026)
- New Mexico TRD, July 2023 GRT filer's kit (state rate lowered to 4.875% effective July 1, 2023) (checked October 19, 2026)
- New Mexico TRD, Non-taxable transaction certificates (TAP; Type 6; deregulated CID classifications) (checked October 19, 2026)
- New Mexico TRD, FYI-204 Nontaxable transaction certificates, rev. 8/24/2026 (checked October 19, 2026)
- New Mexico TRD, Compensating tax (checked October 19, 2026)
- New Mexico TRD, Gross receipts location code and tax rate map (checked October 19, 2026)
- New Mexico TRD, 2025 personal income tax rate table (checked October 19, 2026)
- New Mexico TRD, Corporate income and franchise tax overview ($50 franchise tax) (checked October 19, 2026)
- New Mexico RLD, Apply for a Construction Industries license (checked October 19, 2026)
- New Mexico RLD, 14.6.6 NMAC Classifications and scopes (checked October 19, 2026)
- New Mexico Workers' Compensation Administration, FAQs (checked October 19, 2026)