reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-10 - Operator's report; tax remittance; additional information.

Each operator shall in the form and manner required by the division make a return to the division showing the total value, volume and kind of products sold from each production unit for each calendar month. All taxes due or to be remitted by the operator shall accompany this return. The return shall be filed on or before the twenty-fifth day of the second month after the calendar month for which the return is required. Any additional report or information the division may deem necessary for the proper administration of the Oil and Gas Ad Valorem Production Tax Act may be required.
History:
1953 Comp., § 72-22-10, enacted by Laws 1959, ch. 55, § 10; 1986, ch. 5, § 8.
ANNOTATIONS
Cross references.
— For meaning of "division",
see
7-32-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-11 - Purchaser's report; tax remittance; additional information.

Each purchaser shall in the form and manner required by the division make a return to the division showing the total value, volume and kind of products purchased by him from each production unit for each calendar month. All taxes due or to be remitted by the purchaser shall accompany this return. The return shall be filed on or before the twenty-fifth day of the second month after the calendar month for which the return is required. Any additional reports or information the division may deem necessary for the proper administration of the Oil and Gas Ad Valorem Production Tax Act may be required.
History:
1953 Comp., § 72-22-11, enacted by Laws 1959, ch. 55, § 11; 1986, ch. 5, § 9.
ANNOTATIONS
Cross references.
— For meaning of "division",
see
7-32-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-12 NMSA 1978, as enacted by Laws 1959, ch. 55, § 12, relating to the oil and gas accounting commission ad valorem tax fund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-13 - Division shall prepare schedules and forward to assessors; assessor shall deliver schedule to treasurer.

By the last day of each month, the division shall prepare and certify a schedule to the respective counties in which production units are located. The schedules shall reflect the accounting of the preceding month and shall list each production unit, and by production unit show the assessed value, taxing district, extension of tax levies, tax payments and other information as the director of the division deems appropriate. The schedules shall be forwarded to the assessors of the respective counties who upon receipt thereof shall accept them as the assessment of property as required in the Oil and Gas Ad Valorem Production Tax Act and shall deliver them to the county treasurer as the oil and gas ad valorem schedule for the county.
History:
1953 Comp., § 72-22-13, enacted by Laws 1959, ch. 55, § 13; 1985, ch. 65, § 38.
ANNOTATIONS
Cross references.
— For meaning of "division",
see
7-32-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-14 - Monthly report to department of finance and administration; remittance to state and county treasurers; state and county treasurers may distribute funds.

A. By the last day of each month, the department shall prepare and certify a report to the secretary of finance and administration. The report shall be for the preceding month and shall show the amount of taxes collected and distributed to the oil and gas production tax fund, the amount due the state and each taxing district imposing a tax as reflected by the schedules prepared pursuant to Section 7-32-13 NMSA 1978 and any other information required by the secretary of finance and administration. The secretary of finance and administration shall forthwith remit the appropriate amounts from the oil and gas production tax fund to the state treasurer and the respective county treasurers. The state treasurer and the county treasurers shall, upon receipt of such remittance, make appropriate distribution of the proceeds thereof, except as provided in Subsection B of this section.
B. If the board of county commissioners notifies the secretary of finance and administration that the county elects not to distribute the proceeds of the oil and gas ad valorem production tax due the municipalities, community college districts and school districts within the county, the secretary of finance and administration shall pay amounts due directly to municipalities, community college districts and school districts within the county.
History:
1953 Comp., § 72-22-14, enacted by Laws 1959, ch. 55, § 14; 1963, ch. 88, § 1; 1977, ch. 247, § 186; 1983, ch. 221, § 1; 1985, ch. 65, § 39; 1993, ch. 131, § 1.
ANNOTATIONS
Cross references.
— For the oil and gas production tax fund,
see
7-1-6.22 NMSA 1978.
The 1993 amendment,
effective March 31, 1993, substituted "department" for "division" in the first sentence of Subsection A and inserted "community college districts" twice in Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-15 - Determination of assessed values for taxing districts.

To determine for any purpose the total assessed value of property required to be assessed under the Oil and Gas Ad Valorem Production Tax Act for any taxing district, the assessed value of the taxing district as is reflected by the oil and gas ad valorem production tax schedules of the twelve months of the calendar year preceding the determination shall be used.
History:
1953 Comp., § 72-22-15, enacted by Laws 1959, ch. 55, § 15; 1985, ch. 65, § 40.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-16 NMSA 1978, as enacted by Laws 1959, ch. 55, § 16, relating to tax paid erroneously, refund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-17 NMSA 1978, as enacted by Laws 1959, ch. 55, § 17, relating to tax payment under protest, suit authorized, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-18 NMSA 1978, as enacted by Laws 1959, ch. 55, § 18, relating to interest and penalties, restraint from severing products, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-19 NMSA 1978, as enacted by Laws 1959, ch. 55, § 19, relating to subpoena power, misdemeanor fine, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-20 NMSA 1978, as enacted by Laws 1959, ch. 55, § 20, relating to refusal to make return, commission may assess, assessment binding on taxpayer, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-21 NMSA 1978, as enacted by Laws 1959, ch. 55, § 21, relating to restraining order, injunction, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-22 NMSA 1978, as enacted by Laws 1959, ch. 55, § 22, relating to personal debt, action in any district court, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-23 NMSA 1978, as enacted by Laws 1959, ch. 55, § 23, relating to lien against property, notice to be filed, notice to debtor, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-24 NMSA 1978, as enacted by Laws 1959, ch. 55, § 24, relating to sale of property to satisfy lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-25 NMSA 1978, as enacted by Laws 1959, ch. 55, § 25, relating to payment of taxes to release lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-26 NMSA 1978, as enacted by Laws 1959, ch. 55, § 26, relating to remedies cumulative, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-27 NMSA 1978, as enacted by Laws 1959, ch. 55, § 27, relating to limitation of actions, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-28 - Advance payment required.

A. Any person required to make payment of tax pursuant to Section 7-32-10 or 7-32-11 NMSA 1978 shall make the advance payment required by this section.
B. For the purposes of this section:
(1) "advance payment" means the payment required to be made by this section in addition to any oil and gas ad valorem production tax, penalty or interest due; and
(2) "average tax" means the aggregate amount of tax, net of any refunds or credits, paid by a person during the twelve-month period ending March 31 pursuant to the Oil and Gas Ad Valorem Production Tax Act divided by the number of months during that period for which the person made payment.
C. Each year, prior to July 1, each person required to pay tax pursuant to the Oil and Gas Ad Valorem Production Tax Act shall compute the average tax for the period ending March 31 of that year. The average tax calculated for a year shall be used during the twelve-month period beginning with July of that year and ending with June of the following year as the basis for making the advance payments required by Subsection D of this section.
D. Every month, beginning with July 1991, every person required to pay tax in a month pursuant to the Oil and Gas Ad Valorem Production Tax Act shall pay, in addition to any amount of tax, interest or penalty due, an advance payment in an amount equal to the applicable average tax, except:
(1) if the person is making a final return under the Oil and Gas Ad Valorem Production Tax Act, no advance payment pursuant to this subsection is due for that return; and
(2) as provided in Subsection F of this section.
E. Every month, beginning with tax payments due in August 1991, every person required to pay tax pursuant to the Oil and Gas Ad Valorem Production Tax Act may claim a credit equal to the amount of advance payment made in the previous month, except as provided in Subsection F of this section.
F. If, in any month, a person is not required to pay tax pursuant to the Oil and Gas Ad Valorem Production Tax Act, that person is not required to pay the advance payment and may not claim a credit pursuant to Subsection E of this section provided that, in any succeeding month when the person has liability under the Oil and Gas Ad Valorem Production Tax Act, the person may claim a credit for any advance payment made and not credited.
G. In the event that the date by which a person is required to pay the tax pursuant to the Oil and Gas Ad Valorem Production Tax Act is accelerated to a date earlier than the twenty-fifth day of the second month following the month of production, the advance payment provision contained in this section is null and void and any money held as advance payments shall be credited to the taxpayers' accounts.
History:
Laws 1991, ch. 9, § 39.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-1 - Short title.

Chapter 7, Article 33 NMSA 1978 may be cited as the "Natural Gas Processors Tax Act".
History:
1953 Comp., § 72-23-1, enacted by Laws 1963, ch. 179, § 1; 1970, ch. 13, § 2; 1985, ch. 65, § 41.
ANNOTATIONS
Law reviews.
— For article, "New Mexico's Effort at Rational Taxation of Hard-Minerals Extraction," see 10 Nat. Resources J. 415 (1970).
For note, "Tribal Severance Taxes - Outside the Purview of the Commerce Clause," see 21 Nat. Resources J. 405 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
71 Am. Jur. 2d State and Local Taxation §§ 218, 219.
84 C.J.S. Taxation § 208.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-2 - Definitions.

As used in the Natural Gas Processors Tax Act:
A. "average annual taxable value" means the average of the taxable value per mcf, determined pursuant to Section 7-31-5 NMSA 1978, of all natural gas produced in New Mexico for the specified calendar year as determined by the department;
B. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
C. "fiscal year" means the period starting July 1 and ending June 30 of the succeeding calendar year;
D. "mcf" means one thousand cubic feet;
E. "mmbtu" means one million British thermal units;
F. "natural gas" means any hydrocarbon that at atmospheric conditions of temperature and pressure is in a gaseous state, and includes non-hydrocarbon gases that are in combination with hydrocarbon gases;
G. "natural gas processing plant" means a facility used to extract liquid hydrocarbons and non-hydrocarbon gaseous or liquid substances, individually or in any combination, from natural gas, but does not include a facility that refines or processes oil, natural gas or liquid hydrocarbons or that extracts substances from natural gas through a field or lease operation;
H. "person" means any individual, estate, trust, receiver, business trust, corporation, firm, copartnership, cooperative, joint venture, association or other group or combination acting as a unit;
I. "processor" means a person who operates a natural gas processing plant; and
J. "tax" means the natural gas processors tax.
History:
1953 Comp., § 72-23-2, enacted by Laws 1963, ch. 179, § 2; 1970, ch. 13, § 3; 1977, ch. 249, § 57; 1986, ch. 20, § 102; 1998, ch. 102, § 1.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, rewrote the section to the extent that a detailed comparison is impracticable.
Removal of carbon dioxide was not a field or lease operation.
— Where taxpayer, which was a producer of coal seam gas, had carbon dioxide removed from the gas at a processing plant to make the gas marketable or acceptable to interstate pipelines, the taxpayer was subject to the natural gas processors tax, because the removal of carbon dioxide constituted a processing operation that was not exempt as a field or lease operation.
Amoco Production Co. v. N.M. Taxation and Revenue Dep't
, 2003-NMCA-092, 134 N.M. 162, 74 P.3d 96.
State courts may determine if additional tax was imposed increasing gas price.
— Whether an additional tax was imposed on gas company's sale of natural gas to other company so as to provide contractual basis for increased price is within state courts' jurisdiction.
Pan Am. Petroleum Corp. v. El Paso Natural Gas Co
., 1970-NMSC-156, 82 N.M. 193, 477 P.2d 827.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 115, § 6B repealed 7-33-3 NMSA 1978, as enacted by Laws 1963, ch. 179, § 3, relating to purpose of Natural Gas Processors Tax Act, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 102, § 7, repealed 7-33-5 NMSA 1978, as enacted by Laws 1963, ch. 179, § 5, relating to valuing the products of a processor, effective January 1, 1999. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-6 - Refund.

Any person who has overpaid the tax may apply for a refund of that overpayment in accordance with the provisions of Section 7-1-26 NMSA 1978.
History:
1953 Comp., § 72-23-6, enacted by Laws 1963, ch. 179, § 6; 1985, ch. 65, § 42; 1998, ch. 102, § 3.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, deleted "Price increase subject to approval of agency of United States of America, state of New Mexico or court" in the section heading, deleted the first two sentences of the section pertaining to product value being subject to tax, and in the last sentence substituted "overpaid the tax" for "paid any such excess tax" and "overpayment" for "excess tax".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-7 - Natural gas on which tax has been levied; regulation by department.

The tax shall not be levied more than once on the same natural gas. Reporting of natural gas on which the tax has been paid is subject to the regulation of the department.
History:
1953 Comp., § 72-23-7, enacted by Laws 1963, ch. 179, § 7; 1998, ch. 102, § 4.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "Natural gas" for "Products" and "department" for "commission" in the section heading; substituted "natural gas" for "product" at the end of the first sentence; in the last sentence substituted "natural gas" for "products" and "department" for "commission", and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-8 - Tax return; tax remittance; additional information.

A. Each processor shall submit a return monthly to the department in the form and manner required by the department showing for the month the total mmbtus of natural gas received by the processor at the inlet of the natural gas processing plant and the total mmbtus of natural gas deducted pursuant to the Natural Gas Processors Tax Act. All tax due or to be remitted by the processor shall accompany the return.
B. The return required by this section shall be filed on or before the twenty-fifth day of the month after the calendar month for which the return is required.
C. The department may require additional reports or information as necessary for the proper administration of the Natural Gas Processors Tax Act.
History:
1953 Comp., § 72-23-8, enacted by Laws 1963, ch. 179, § 8; 1970, ch. 13, § 7; 1998, ch. 102, § 5.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "return" for "report" in the section heading and rewrote the section to the extent that a detailed comparison is impracticable.
"Interest owners" liable under former article.
— Under the version of this article in effect prior to the 1998 amendment of 7-33-4 NMSA 1978, the "interest owner" of the natural gas was liable for the privilege tax on processing natural gas.
Blackwood & Nichols Co. v. N.M. Taxation & Revenue Dep't
, 1998-NMCA-113, 125 N.M. 576, 964 P.2d 137, cert. denied, 126 N.M. 107, 967 P.2d 447 (decided under prior law).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-9 NMSA 1978, as enacted by Laws 1963, ch. 179, § 9, relating to oil and gas manufacturers privilege tax fund, refunds and adjustments, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-10 NMSA 1978, as enacted by Laws 1963, ch. 179, § 10, relating to monthly report to department of finance and administration, transfer to state general fund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-11 NMSA 1978, as enacted by Laws 1963, ch. 179, § 11, relating to tax paid erroneously, refund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-12 NMSA 1978, as enacted by Laws 1963, ch. 179, § 12, relating to tax paid under protest, suit authorized, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-13 NMSA 1978, as enacted by Laws 1963, ch. 179, § 13, relating to interest and penalties, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-14 NMSA 1978, as enacted by Laws 1963, ch. 179, § 14, relating to subpoena power, misdemeanor, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-15 NMSA 1978, as enacted by Laws 1963, ch. 179, § 15, relating to refusal to make return, commission may assess, assessment binding on manufacturer, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-16 NMSA 1978, as enacted by Laws 1963, ch. 179, § 16, relating to restraining order, injunction, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-17 NMSA 1978, as enacted by Laws 1963, ch. 179, § 17, relating to personal debt, action in any district court, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-18 NMSA 1978, as enacted by Laws 1963, ch. 179, § 18, relating to lien against property, notice to be filed, notice to debtor, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-19 NMSA 1978, as enacted by Laws 1963, ch. 179, § 19, relating to sale of property to satisfy lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-20 NMSA 1978, as enacted by Laws 1963, ch. 179, § 20, relating to payment of taxes to release lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-21 NMSA 1978, as enacted by Laws 1963, ch. 179, § 21, relating to remedies cumulative, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 33 - Natural Gas Processors Tax › Section 7-33-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-33-22 NMSA 1978, as enacted by Laws 1963, ch. 179, § 22, relating to limitation of action, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-1 - Short title.

Chapter 7, Article 34 NMSA 1978 may be cited as the "Oil and Gas Production Equipment Ad Valorem Tax Act".
History:
1953 Comp., § 72-24-1, enacted by Laws 1969, ch. 119, § 1; 1985, ch. 65, § 43.
ANNOTATIONS
Law reviews.
— For article, "New Mexico's Effort at Rational Taxation of Hard-Minerals Extraction," see 10 Nat. Resources J. 415 (1970).
For note, "Tribal Severance Taxes - Outside the Purview of the Commerce Clause," see 21 Nat. Resources J. 405 (1981).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-2 - Definitions.

As used in the Oil and Gas Production Equipment Ad Valorem Tax Act:
A. "commission", "department" or "division" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
B. "person" means any individual, estate, trust, receiver, business trust, corporation, firm, copartnership, cooperative, joint venture, association or other group or combination acting as a unit;
C. "operator" means any person engaged in the severance of products from a production unit;
D. "product" means oil, natural gas or liquid hydrocarbon, individually or any combination thereof, carbon dioxide, helium or a non-hydrocarbon gas;
E. "severance" means taking any product from the soil in any manner;
F. "production unit" means a unit of property designated by the department from which products of common ownership are severed;
G. "equipment" means wells and nonmobile equipment used at a production unit in connection with severance, treatment or storage of production unit products;
H. "value" means the actual price received for products at the production unit as established under the Oil and Gas Ad Valorem Production Tax Act [Chapter 7, Article 32 NMSA 1978];
I. "assessed value" means the value against which tax rates are applied; and
J. "tax" means the oil and gas production equipment ad valorem tax.
History:
1953 Comp., § 72-24-2, enacted by Laws 1969, ch. 119, § 2; 1977, ch. 249, § 58; 1980, ch. 97, § 8; 1986, ch. 20, § 103; 2005, ch. 130, § 10.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, in Subsection D, defined "product" to include helium or non-hydrocarbon gas; and in Subsection J, defined "tax" to mean the oil and gas production equipment ad valorem tax.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-3 - Method of determining assessed value.

A. Annually the commission shall compute the value of products of each production unit for the previous calendar year.
B. The taxable value of equipment of each production unit is an amount equal to twenty-seven percent of the value of products of each production unit.
C. The assessed value of equipment of each production unit shall be determined by applying the uniform assessment ratio to the taxable value of equipment of each production unit.
History:
1953 Comp., § 72-24-3, enacted by Laws 1969, ch. 119, § 3; 1972, ch. 60, § 1.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-34-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-4 - Ad valorem tax levied.

An ad valorem tax is levied on the assessed value of the equipment at each production unit. The tax shall be at the rate certified to the division by the department of finance and administration under the provisions of Section 7-37-7 NMSA 1978.
History:
1953 Comp., § 72-24-4, enacted by Laws 1969, ch. 119, § 4; 1981, ch. 37, § 59.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-34-2A NMSA 1978.
Indian right to tax oil production not preempted by congress.
— Although it granted to the states the right to tax the production of oil and gas on Indian reservations, congress did not preempt similar tribal taxation.
Merrion v. Jicarilla Apache Tribe
, 617 F.2d 537 (10th Cir. 1980),
aff'd
, 455 U.S. 130, 102 S. Ct. 894, 71 L. Ed. 2d 21 (1982).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-5 - Oil and gas production equipment ad valorem tax to be exclusive measure of ad valorem tax liability.

The tax levied by Section 7-34-4 NMSA 1978 shall be the full and exclusive measure of ad valorem tax liability for equipment used at a production unit for the calendar year 1969 and all subsequent years. Any other ad valorem tax on equipment used at a production unit is void.
History:
1953 Comp., § 72-24-5, enacted by Laws 1969, ch. 119, § 5; 1985, ch. 65, § 44.
ANNOTATIONS
Cross references.
— For taxes being exclusive of any other ad valorem taxes,
see
7-32-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-6 - Tax statement; tax due date.

Annually the commission shall compute the assessed value of equipment for each production unit and extend the applicable rates against the assessed value to determine the amount of tax due. The commission shall prepare a tax statement for each production unit showing the production unit identification, the taxing district in which it is located, calendar-year value, assessed value, district rates and the amount of tax due. The tax statement shall be sent to the operator on or before October 15th and payment shall be made to the commission on or before November 30.
History:
1953 Comp., § 72-24-6, enacted by Laws 1969, ch. 119, § 6.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-34-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-7 - Commission shall report to county; tax roll.

On or before December 30, the commission shall deliver a report to each county in which production units are located, identifying each production unit, the taxing district in which it is located, the value, assessed value, district rates and the amount of tax paid.
History:
1953 Comp., § 72-24-7, enacted by Laws 1969, ch. 119, § 7.
ANNOTATIONS
Cross references.
— For meaning of "commission", see 7-34-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-8 NMSA 1978, as enacted by Laws 1969, ch. 119, § 8, relating to the oil and gas accounting commission ad valorem equipment tax fund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-9 - Monthly report to department of finance and administration; remittances to state and county treasurers; state and county treasurers may distribute funds.

A. By the last day of each month, the department shall prepare and certify a report to the secretary of finance and administration. The report shall be for the preceding month and shall show the amount of taxes distributed to the oil and gas equipment tax fund, the amount due the state and each taxing district imposing a tax and any other information required by the secretary of finance and administration. The secretary of finance and administration shall forthwith remit the appropriate amounts from the oil and gas equipment tax fund to the state treasurer and the county treasurers who shall make the appropriate distribution, except as provided in Subsection B of this section.
B. If the board of county commissioners notifies the secretary of finance and administration that the county elects not to distribute the proceeds of the oil and gas ad valorem production equipment tax due the municipalities, community college districts and school districts in the county, the secretary of finance and administration shall pay amounts due directly to municipalities, community college districts and school districts within the county.
History:
1953 Comp., § 72-24-9, enacted by Laws 1969, ch. 119, § 9; 1977, ch. 247, § 188; 1983, ch. 221, § 2; 1985, ch. 65, § 45; 1993, ch. 131, § 2.
ANNOTATIONS
Cross references.
— For the oil and gas equipment tax fund,
see
7-1-6.22 NMSA 1978.
The 1993 amendment,
effective March 31, 1993, substituted "department" for "division" in Subsection A and inserted "community college districts" twice in Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-10 NMSA 1978, as enacted by Laws 1969, ch. 119, § 10, relating to tax paid erroneously, refund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-11 NMSA 1978, as enacted by Laws 1969, ch. 119, § 11, relating to tax payment under protest, suit authorized, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-12 NMSA 1978, as enacted by Laws 1969, ch. 119, § 12, relating to interest and penalties, restraint from severing products, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-13 NMSA 1978, as enacted by Laws 1969, ch. 119, § 13, relating to subpoena power, misdemeanor, fine, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-14 NMSA 1978, as enacted by Laws 1969, ch. 119, § 14, relating to retraining order, injunction, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-15 NMSA 1978, as enacted by Laws 1969, ch. 119, § 15, relating to personal debt, action in any district court, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-16 NMSA 1978, as enacted by Laws 1969, ch. 119, § 16, relating to lien against property, notice to be filed, notice to debtor, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-17 NMSA 1978, as enacted by Laws 1969, ch. 119, § 17, relating to sale of property to satisfy lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-18 NMSA 1978, as enacted by Laws 1969, ch. 119, § 18, relating to payment of taxes to release lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-19 NMSA 1978, as enacted by Laws 1969, ch. 119, § 19, relating to remedies cumulative, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 34 - Oil and Gas Production Equipment Ad Valorem Tax › Section 7-34-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-34-20 NMSA 1978, as enacted by Laws 1969, ch. 119, § 20, relating to limitation of action, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-1 - Short title.

Articles 35 through 38 of Chapter 7 NMSA 1978 may be cited as the "Property Tax Code".
History:
1953 Comp., § 72-28-1, enacted by Laws 1973, ch. 258, § 1; 1982, ch. 28, § 1.
ANNOTATIONS
Cross references.
— For constitutional provision as to equality in ad valorem taxation,
see
N.M. Const., art. VIII, § 1.
For constitutional provision as to property tax limits and exceptions,
see
N.M. Const., art. VIII, § 2.
For constitutional provision as to tax exempt property,
see
N.M. Const., art. VIII, § 3.
For constitutional provision as to head of family and veteran exemptions,
see
N.M. Const., art. VIII, § 5.
For constitutional provision as to assessment of lands,
see
N.M. Const., art. VIII, § 6.
For constitutional provision as to disabled veteran exemptions,
see
N.M. Const., art. VIII, § 5.
Construction of Property Tax Code.
— The Property Tax Code, Articles 35 to 38 of Chapter 7 NMSA 1978, must be read and construed in its entirety.
Brown v. Greig
, 1987-NMCA-096, 106 N.M. 202, 740 P.2d 1186, cert. denied, 106 N.M. 174, 740 P.2d 1158.
Law reviews.
— For comment, "Coal Taxation in the Western States: The Need for a Regional Tax Policy," see 16 Nat. Resources J. 415 (1976).
For comment, "Taxation of the Uranium Industry: An Economic Proposal," see 7 N.M.L. Rev. 69 (1976-77).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
71 Am. Jur. 2d State and Local Taxation §§ 24 to 27.
84 C.J.S. Taxation § 136 et seq.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-2.1 - Additional definition.

As used in the Property Tax Code, "costs" means the expenses incurred by the department in connection with collecting delinquent taxes. As applied to a particular property, "costs" may be, in the discretion of the department, either the sum of the expenses incurred specifically in connection with that property or the uniform charge applied to the class of delinquent properties of which the property is a member.
History:
Laws 1995, ch. 12, § 5.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-4 - Department to provide manuals and other materials.

The department shall prepare, issue and periodically revise valuation manuals, cost and valuation schedules, bulletins and annotated digests of property tax laws and regulations in handbook form for the use of its employees, the county assessors and their employees and other persons involved in the administration and collection of the property tax. The department shall make the foregoing materials available to members of the public and may charge a fee for the materials to offset the cost of physical preparation. Any amounts collected are appropriated to the department for its operation.
History:
1953 Comp., § 72-28-7, enacted by Laws 1973, ch. 258, § 7.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-5 - Training programs; attendance by assessor.

A. The department shall conduct or sponsor special courses of instruction and in-service and intern training programs on the technical, legal and administrative aspects of property taxation. The department may cooperate with educational institutions and appropriate organizations interested in the property valuation or taxation field in the conduct or sponsorship of training programs. The department may reimburse the expenses incurred by assessors and employees of the state and its political subdivisions who attend training programs with the approval of the department.
B. The department shall establish a training program for persons elected or appointed as county assessors who have not held office as a county assessor within the ten years prior to the beginning of the term for which the person was elected or from the date of appointment. The department shall require attendance and satisfactory completion of such a program by such persons elected or appointed after the effective date of this 1991 act.
History:
1953 Comp., § 72-28-8, enacted by Laws 1973, ch. 258, § 8; 1991, ch. 166, § 2.
ANNOTATIONS
Cross references.
— For courses in property valuation and property tax administration,
see
4-39-2 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, added "Attendance by assessor" in the section heading; designated the existing language as Subsection A; and added Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-8 - Authority for director to reduce amount required to be reimbursed to department by counties for services provided by department.

When any provision of the Property Tax Code requires a county to reimburse the department for the costs of services provided by the department, the director may reduce the amount required to be reimbursed to less than actual costs of the services.
History:
1953 Comp., § 72-28-11, enacted by Laws 1973, ch. 258, § 11.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 28, § 31, repealed 7-35-9 NMSA 1978, as enacted by Laws 1973, ch. 258, § 12, relating to the furnishing of annual reports by the property tax division of the taxation and revenue department, effective May 19, 1982.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 35 - Property Tax › Section 7-35-10 - Division to furnish valuation services to state agencies and political subdivisions of the state.

The division shall provide, subject to the availability of resources within the division, assistance services to state agencies and political subdivisions in the valuation of property owned or being considered for purchase by the state or by political subdivisions. Agencies and political subdivisions that are not funded from the state general fund shall reimburse the division for the actual cost incurred in the valuation of the property.
History:
1953 Comp., § 72-28-13, enacted by Laws 1975, ch. 172, § 1; 1982, ch. 28, § 2.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-1 - Provisions for valuation of property; applicability.

The provisions of this article apply to and govern the determination of value of all property subject to valuation for property taxation purposes under the Property Tax Code.
History:
1953 Comp., § 72-29-1, enacted by Laws 1973, ch. 258, § 13.
ANNOTATIONS
Cross references.
— For constitutional provision as to equality of ad valorem taxation,
see
N.M. Const., art. VIII, § 1.
For constitutional provision as to property tax limits and exceptions,
see
N.M. Const., art. VIII, § 2.
For constitutional provision as to assessment of lands,
see
N.M. Const., art. VIII, § 6.
Law reviews.
— For comment, "Ad Valorem Taxes - Omitted Property and Improvements - Assessments," see 6 Nat. Resources J. 105 (1966).
For comment, "Coal Taxation in the Western States: The Need for a Regional Tax Policy," see 16 Nat. Resources J. 415 (1976).
For article, "New Mexico Taxes: Taking Another Look," see 32 N.M.L. Rev. 351 (2002).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-2.1 - Classification of property.

A. Property subject to valuation for property taxation purposes shall be classified as either residential property or nonresidential property.
B. The department by regulation, ruling, order or other directive shall provide for the implementation of a classification system and shall include a method for apportioning the value of multiple-use properties between residential and nonresidential components.
History:
1978 Comp., § 7-36-2.1, enacted by Laws 1981, ch. 37, § 63; 1995, ch. 12, § 7.
ANNOTATIONS
Cross references.
— For general methods of valuation of property,
see
7-36-15 NMSA 1978.
For limitations on tax rates on residential property,
see
7-37-7.1 NMSA 1978.
For presumption of nonresidential classification,
see
7-38-17.1 NMSA 1978.
The 1995 amendment,
effective June 16, 1995, substituted "department" for "division" and made a minor stylistic change in Subsection B.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-3.1 - Metropolitan redevelopment property; tax status of lessee's interests.

Property interests of a lessee in project property held under a lease with respect to a project authorized by the Metropolitan Redevelopment Code [Chapter 3, Article 60A NMSA 1978] and acquired or held by a municipality prior to January 1, 1986 under the provisions of that code are exempt from property taxation for as long as there is an outstanding bonded indebtedness, but in any event for a period not to exceed ten years from the date of execution of the first lease of the project by the municipality. Property interests of a lessee of or an owner of a substantial beneficial interest in project property acquired or held by a municipality on or after January 1, 1986 with respect to a project authorized by the Metropolitan Redevelopment Code are exempt from property taxation for a period extending from the date of acquisition of the project property by the municipality through December 31 of the year in which the seventh anniversary of that acquisition date occurs.
History:
1978 Comp., § 7-36-3.1, enacted by Laws 1979, ch. 56, § 2; 1985, ch. 225, § 5.
ANNOTATIONS
Cross references.
— For Community Development Incentive Act,
see
3-64-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-3.2 - Enterprise zone property; tax status of lessee's interests.

Property interests of a lessee in project property held under a lease with respect to a project authorized by the Enterprise Zone Act [5-9-1 to 5-9-15 NMSA 1978] and acquired or held by a local government are exempt from property taxation for a period not to exceed ten years from the date of execution of the first lease of the project by the local government.
History:
1978 Comp., § 7-36-3.2, enacted by Laws 1993, ch. 33, § 16.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 12, § 15, repealed 7-36-5 NMSA 1978, as enacted by Laws 1976, ch. 61, § 2, relating to fractional interests, legislative findings and purposes, effective June 16, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
7-36-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 12, § 15, repealed 7-36-6 NMSA 1978, as enacted by Laws 1976, ch. 61, § 3, relating to fractional interests, improvement, property tax status, effective June 16, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
7-36-4 NMSA 1978.