N.M. Admin. Code § 3.2.211.16 - LOCKER ROOMS IN A WAREHOUSE/SELF STORAGE WAREHOUSE UNITS

A. Receipts from providing individual locker rooms inside a warehouse facility where the tenant must rely on the warehouse owner to gain access to the inside of the building, are receipts from granting a license to use and are not deductible as the lease of real property.

B. Receipts from individual, self-contained storage warehouse units where the tenant has exclusive possession, use and access to the unit and pays a specified periodic rental for the unit are receipts from leasing real property and, therefore, are deductible under Section 7-9-53 NMSA 1978.

Notes

N.M. Admin. Code § 3.2.211.16

3/16/79, 6/18/79, 4/7/82, 5/4/84, 4/2/86, 11/26/90, 11/15/96; 3.2.211.16 NMAC - Rn, 3 NMAC 2.53.16 & A, 5/31/01, Adopted by New Mexico Register, Volume XXXV, Issue 18, September 24, 2024, eff. 9/24/2024