New Mexico Gross Receipts Tax

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I am in a weird situation where some of the income I make may or may not fall under New Mexico Gross Receipts Tax.

I work as an employee at an engineering company but I am also a freelance video game developer during my spare time. I create the games, but I do not publish them or distribute them. I upload my game to a Microsoft website, and grant Microsoft permission to distribute the game. If the game doesn't sell more than $150, then I don't receive any money (Microsoft also does NOT pay me for licensing rights or permissions). However, if the game makes more than $150 Microsoft sends me 70% of the revenue and keeps 30%. Microsoft distributes the games globally over the XBox Live service on the Xbox 360 console. Microsoft also sends me a 1099-MISC at the end of the year.

Do I have to pay gross receipt taxes? If so, what category do I fall under? Service or goods?
 

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