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New Mexico targets cannabis retailers who do not pay taxes

October 25, 2023 by Curtis Segarra

ALBUQUERQUE, N.M. (KRQE) – With cannabis business growing across New Mexico, the state is set to rake in tax revenue. But not all businesses have been keeping up with paying their share.

Over the last few months, the New Mexico Taxation and Revenue Department (TRD) began contacting cannabis retailers who hadn’t filed their tax returns. Now, the department says those efforts are paying off.

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TRD says 80 retailers were brought into compliance with their tax filings. But more than 100 license holders have not yet complied, the department says. TRD is currently working with cannabis regulators to verify which of those license holders are actually conducting business and therefore should be paying taxes.

“Cannabis is a relatively new industry with many new players who may be struggling to get their businesses up and running,” Taxation and Revenue Secretary Stephanie Schardin Clarke said in a press release. “We are here to assist taxpayers to voluntarily comply with the tax law, but cannabis retailers must also make a good faith effort to comply.”

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Retailers are supposed to file gross receipts taxes and cannabis excise tax returns. They are supposed to file even if they have no sales, TRD says.

To help retailers come into compliance, TRD offers managed audits, a voluntary program to help fix tax debts. More information on that program can be found at this link.

So far, TRD has collected more than $47 million from the cannabis excise tax on retailers. The money goes to the state’s general fund and to local governments.

Albuquerque, N.M. – New Mexico is expected to generate a lot of tax revenue as the cannabis industry grows. Not all businesses are paying their fair share.

In the past few months, New Mexico Taxation and Revenue Department began contacting cannabis retail stores who had not filed their tax return. The department now says that its efforts are paying off.

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TRD reports that 80 retailers have been brought up to date with their tax filings. The department claims that more than 100 licensees have yet to comply. TRD is working with cannabis regulators at the moment to verify which license holders actually conduct business and should therefore be paying tax.

In a recent press release, Taxation and Revenue secretary Stephanie Schardin Clarke stated that cannabis is a relatively young industry. Many new players may struggle to get their business up and running. “We’re here to help taxpayers comply with tax laws voluntarily, but cannabis retail stores must also make good faith efforts to comply.”

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Retailers must file cannabis excise taxes and gross receipts tax returns. TRD states that they are required to file a return even if there have been no sales.

TRD provides managed audits to assist retailers in resolving tax debts. provides more information about that program.

TRD has so far collected over $47 million in cannabis excise taxes from retailers. The money is sent to the general fund of the state and local governments.

Curtis Segarra
Author: Curtis Segarra

About Curtis Segarra

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