01/02/17 NMOAG-2019 (5)
an escrow arrangement with a U.S. federal or U.S. state-chartered financial institution
having no affiliation with any tobacco product manufacturer and having assets of at
least $1,000,000,000, where such arrangement (1) requires that the financial
institution hold the escrowed funds' principal for the benefit of the State of New
Mexico and other "Releasing Parties" as defined in the Master Settlement
Agreement and (2) prohibits the non-participating manufacturer from using,
accessing, or directing the use of the funds' principal except as consistent with NMSA
1978, Section 6-4-13 (B).
When is this certificate of compliance due?
This certificate of compliance is to be filed quarterly, as follows:
Quarter (January through March) – due April 30 of that year
Quarter (April through June) – due July 30 of that year
Quarter (July through September) – due October 30 of that year
Quarter (October through December) – due January 31 of the next year
following the sales year.
When must I make my escrow payment?
You must deposit all escrow payments into your qualified escrow fund quarterly
by the due date of your certificate of compliance set forth in the paragraph above.
Quarter is due April 30, 2
Quarter is due July 30, 3
Quarter is due October
30 and 4
Quarter is due January 31 of the next year following the sales year.
Attach a copy of your receipt or other proof of deposit from your financial institution to
the signed and notarized Certificate of Compliance. In addition, after you have made
your initial deposit into the qualified escrow fund, forward a copy of the escrow
agreement as executed.
Part 1: Manufacturer's Identification: Write your name, address, telephone and
Part 2: Sales Year 2019: Check the appropriate quarter. 1
Quarter is from
January 1, 2019 to March 31, 2019; 2
Quarter is from April 1, 2019 to June 30,
Quarter is from July 1, 2019 to September 30, 2019; and 4
Quarter is from
October 1, 2019 to December 31, 2019.
Part 3: Units Sold: Write the number of Units Sold in New Mexico for the quarter
indicated. A Unit Sold equals an individual cigarette from a pack that bears a New
Mexico state cigarette excise tax stamp or .09 ounces of roll-your-own tobacco.
Part 4: Deposit Amount: Multiply the Units Sold by the adjusted inflation rate of
$0.0357965 to arrive at the total deposit to be paid into your qualified escrow
account for the applicable sales year. Attach a copy of the financial institution’s
receipt or other proof from the Escrow Agent of the escrow deposit.