reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-8 - Tangible personal property exempt from property tax; exceptions.

A. Except as provided in Subsection B of this section, tangible personal property owned by a person is exempt from property taxation.
B. The following tangible personal property owned by a person is subject to valuation and taxation under the Property Tax Code:
(1) livestock;
(2) manufactured homes;
(3) aircraft not registered under the Aircraft Registration Act [64-4-1 to 64-4-15 NMSA 1978];
(4) private railroad cars, the earnings of which are not taxed under the provisions of the Railroad Car Company Tax Act [Chapter 7, Article 11 NMSA 1978];
(5) tangible personal property subject to valuation under Sections 7-36-22 through 7-36-25 and 7-36-27 through 7-36-32 NMSA 1978;
(6) vehicles not registered under the provisions of the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] and for which the owner has claimed a deduction for depreciation for federal income tax purposes during any federal income taxable year occurring in whole or in part during the twelve months immediately preceding the first day of the property tax year; and
(7) other tangible personal property not specified in Paragraphs (1) through (6) of this subsection:
(a) that is used, produced, manufactured, held for sale, leased or maintained by a person for purposes of the person's profession, business or occupation; and
(b) for which the owner has claimed a deduction for depreciation for federal income tax purposes during any federal income taxable year occurring in whole or in part during the twelve months immediately preceding the first day of the property tax year.
History:
1953 Comp., § 72-1-21, enacted by Laws 1973, ch. 373, § 1 and recompiled as § 72-29-3.1 by Laws 1974, ch. 92, § 35; 1975, ch. 53, § 1; 1983, ch. 295, § 1; 1991, ch. 166, § 4; 1992, ch. 34, § 1; 1993, ch. 8, § 1; 1995, ch. 12, § 10.
ANNOTATIONS
Cross references.
— 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 constitution provision as to disabled veteran exemption,
see
N.M. Const., art. VIII, § 15.
The 1995 amendment,
effective June 16, 1995, substituted "Tangible" for "Certain" and added "exceptions" in the section heading and rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Classification, as real estate or personal property, of mobile homes or trailers for purposes of state or local taxation, 7 A.L.R.4th 1016.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 8, § 2 repealed 7-36-9 NMSA 1978, as enacted by Laws 1973, ch. 374, § 2, relating to inventories of personal property exempt from property taxation, exceptions, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 8, § 2 repealed 7-36-10 NMSA 1978, as enacted by Laws 1973, ch. 11, § 1, relating to inventories of personal property exempt from property taxation, exceptions, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 8, § 2 repealed 7-36-12 NMSA 1978, as enacted by Laws 1973, ch. 10, § 1, relating to exemption from property tax, aircraft registered under the Aircraft Registration Act, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 8, § 2 repealed 7-36-13 NMSA 1978, as enacted by Laws 1973, ch. 9, § 1, relating to exemption from property tax, private railroad cars, the earnings of which are subject to taxation under provisions of Section § 7-11-3 NMSA 1978, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 268, § 3, repealed 7-36-17 NMSA 1978, as enacted by Laws 1977, ch. 361, § 1, relating to limitation on increases in valuation of certain property for property taxation purposes.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-18 - Collection and publication of property valuation data.

To promote uniformity and measure overall compliance by each county with the Property Tax Code and department valuation regulations, orders, rulings, instructions, schedules and other directives, the department shall prepare and publish annually comprehensive sales-ratio studies comparing the values of property determined for property taxation purposes by each county assessor with the values of the same property as established by sales prices.
History:
1953 Comp., § 72-29-7, enacted by Laws 1973, ch. 258, § 19.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-19 - Valuation of major industrial and commercial properties; specialists' services furnished to county assessor by department.

At the request of a county assessor, concurred in by the board of county commissioners, the director may provide a county assessor with technical assistance services in the valuation of major industrial or commercial properties subject to valuation by the assessor. The director shall take into account the ability of the county assessor to value the property with the resources at his disposal when deciding whether the requested services should be furnished. The county shall reimburse the department for the costs incurred in the valuation of the property.
History:
1953 Comp., § 72-29-8, enacted by Laws 1973, ch. 258, § 20.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
71 Am. Jur. 2d State and Local Taxation §§ 254 to 284.
84 C.J.S. Taxation §§ 421 to 453.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-21.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985 (1st S.S.), ch. 12, § 2 repealed 7-36-21.1, as enacted by Laws 1981, ch. 37, § 64, relating to the special method of valuation for residential property, effective January 1, 1986. For present provisions on limitations on property tax rates on residential property,
see
7-37-7.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-31 - Special method of valuation; operating railroad property.

A. All property owned or leased and used by an operating railroad in its operation if the operating railroad has operations in New Mexico is subject to valuation for property taxation purposes and shall be valued in accordance with the provisions of this section, except for land and land rights other than operating railroad rights-of-way, sidings and marshalling yards and general buildings and improvements determined not to be an active part of an operating railroad.
B. The division shall value operating railroad property using the following methods of valuation and applying the unit rule of appraisal to the property:
(1) capitalization of earnings;
(2) market value of stock and debt; or
(3) original cost less depreciation and obsolescence.
C. The division may use one or more, or a combination of, the methods of valuation specified in Paragraphs (1), (2) and (3) of Subsection B of this section in valuing operating railroad property.
D. Land, land rights other than operating railroad rights-of-way, sidings and marshalling yards, general buildings and improvements determined not to be an active part of an operating railroad shall be valued under the provisions of this article of the Property Tax Code applicable to the property.
E. The division shall adopt regulations providing for the allocation of net taxable values of operating railroad property to New Mexico and to the governmental units within the state.
F. The division shall adopt regulations pursuant to Section 7-38-88 NMSA 1978 [repealed] to implement the methods of valuation for operating railroad property specified in this section.
History:
Laws 1973, ch. 258, § 32; 1953 Comp., § 72-29-20; Laws 1985, ch. 109, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 166, § 14 repealed 7-38-88 NMSA 1978, referred to in Subsection F. For present comparable provisions,
see
9-11-6.2 NMSA 1978.
Cross references.
— For tax levied in lieu of property taxes on railroad car companies,
see
7-11-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
71 Am. Jur. 2d State and Local Taxation §§ 402 to 405.
84 C.J.S. Taxation § 221 et seq.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 36 - Valuation of Property › Section 7-36-32 - Special method of valuation; commercial aircraft.

A. All commercial aircraft used by commercial airline companies in the operation of their businesses and subject to valuation for property taxation purposes shall be valued in accordance with the provisions of this section.
B. The department shall value commercial aircraft as follows:
(1) all gasoline engine propeller driven aircraft shall be valued at ten percent of original cost regardless of age; and
(2) all jet propelled aircraft shall have an assumed life of twelve years and shall be valued by deducting from eighty percent of the original cost of the aircraft depreciation computed on a monthly basis, but no aircraft valued under this paragraph shall have computed a value of less than twenty percent of its original cost.
C. The department shall adopt regulations providing for the allocation of net taxable values of commercial aircraft to New Mexico and to the governmental units in the state, which regulations shall include allocation factors related to ground time in New Mexico compared to total ground time within the airline system and flight time over New Mexico compared to total flight time within the airline system, exclusive of flight time outside the continental limits of the United States.
D. The department shall adopt regulations pursuant to Section 7-38-88 NMSA 1978 [repealed] to implement the method of valuation of commercial aircraft specified in this section.
History:
Laws 1973, ch. 258, § 33; 1953 Comp., § 72-29-21; Laws 1975, ch. 165, § 13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 166, § 14 repealed 7-38-88 NMSA 1978, referred to in Subsection D. For present comparable provisions,
see
9-11-6.2 NMSA 1978.
Department determines property tax valuation of commercial aircraft
by allocating a portion of the net book value of the aircraft to New Mexico based on the flight time over, and ground time in, New Mexico as a percentage of total flight and ground time of the aircraft for the preceding year.
Fed. Express Corp. v. Abeyta
, 2004-NMCA-011, 135 N.M. 37, 84 P.3d 85, cert. granted, 2004-NMCERT-001, 135 N.M. 160, 85 P.3d 802.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-1 - Provisions for imposition of tax; applicability.

The provisions of Chapter 7, Article 37 NMSA 1978 apply to and govern the imposition of the property tax. Except for Sections 7-37-7 and 7-37-7.1 NMSA 1978, the provisions of that article do not apply to:
A. impositions or levies of taxes on specific classes of property authorized by laws outside of the Property Tax Code; and
B. special benefit assessments authorized by laws outside of the Property Tax Code.
History:
1953 Comp., § 72-30-1, enacted by Laws 1973, ch. 258, § 34; 1986, ch. 32, § 7.
ANNOTATIONS
Cross references.
— For elderly homeowners' maximum property tax liability and income tax credit or refund for excess,
see
7-2-18 NMSA 1978.
For exclusive ad valorem taxes on interests in oil, natural gas or liquid hydrocarbon production units,
see
7-32-5, 7-34-5 NMSA 1978.
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 article, "New Mexico Taxes: Taking Another Look," see 32 N.M.L. Rev. 351 (2002).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What are educational institutions or schools within state property tax exemption provisions, 34 A.L.R.4th 698.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-4 - Head-of-family exemption.

A. Up to two thousand dollars ($2,000) of the taxable value of residential property subject to the tax is exempt from the imposition of the tax if the property is owned by the head of a family who is a New Mexico resident or if the property is held in a grantor trust established under Sections 671 through 677 of the Internal Revenue Code, as those sections may be amended or renumbered, by a head of a family who is a New Mexico resident. The exemption allowed shall be in the following amounts for the specified property tax years:
(1) for the property tax years 1989 and 1990, the exemption shall be eight hundred dollars ($800);
(2) for the property tax years 1991 and 1992, the exemption shall be one thousand four hundred dollars ($1,400); and
(3) for the 1993 and subsequent tax years, the exemption shall be two thousand dollars ($2,000).
B. The exemption shall be deducted from taxable value of property to determine net taxable value of property.
C. The head-of-family exemption shall be applied only if claimed and allowed in accordance with Section 7-38-17 NMSA 1978 and regulations of the department.
D. As used in this section, "head of a family" means an individual New Mexico resident who is either:
(1) a married person, but only one spouse in a household may qualify as a head of a family;
(2) a widow or a widower;
(3) a head of household furnishing more than one-half the cost of support of any related person;
(4) a single person, but only one person in a household may qualify as a head of family; or
(5) a member of a condominium association or like entity who pays property tax through the association.
E. A head of a family is entitled to the exemption allowed by this section only once in any tax year and may claim the exemption in only one county in any tax year even though the claimant may own property subject to valuation for property taxation purposes in more than one county.
History:
1953 Comp., § 72-30-4, enacted by Laws 1973, ch. 258, § 37; 1983, ch. 219, § 1; 1989, ch. 81, § 1; 1991, ch. 228, § 1; 1993, ch. 343, § 1.
ANNOTATIONS
Cross references.
— For constitutional provision as to head of family exemption,
see
N.M. Const., art. VIII, § 5.
For Sections 671 to 677 of the Internal Revenue Code,
see
26 U.S.C. §§ 671 to 677.
The 1993 amendment,
effective June 18, 1993, added Paragraph (5) of Subsection D.
The 1991 amendment,
effective June 14, 1991, added the language beginning "or if the property" at the end of the first sentence in Subsection A.
The 1989 amendment,
effective June 16, 1989, in Subsection A substituted "up to two thousand dollars ($2,000)" for "Two hundred dollars ($200)" in the first sentence of the introductory paragraph, added the second sentence of the introductory paragraph, and added Paragraphs (1) and (3); designated the former second sentence of Subsection A as Subsection B; redesignated former Subsection B as Subsection C, while substituting "department" for "division"; and redesignated former Subsections C and D as Subsections D and E.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-5.2 - Deleted.

ANNOTATIONS
Compiler's notes.
— Section 7-37-5.2 NMSA 1978, as enacted by Laws 2007, ch. 167, § 1, which provided that the property of a veterans' organization was exempt from property tax, was deleted by the compiler. Laws 2007, ch. 167, § 3 provided that the act would become effective upon the certification by the secretary of state that the constitution of New Mexico was amended as proposed by a joint resolution of the first session of the forty-eighth legislature entitled, "A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE 8 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE A PROPERTY TAX EXEMPTION FOR PROPERTY OF A VETERANS' ORGANIZATION CHARTERED BY THE UNITED STATES CONGRESS AND USED BY A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY FOR EVENTS OR BY NONPROFIT COMMUNITY ORGANIZATIONS OR OTHER VETERANS' ORGANIZATIONS" (Laws 2007, H.J.R. No. 16). That joint resolution was not passed by the legislature. Therefore, Laws 2007, ch. 167, § 1 did not become effective.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-5.3 - Veterans' organization exemption.

The property of a veterans' organization chartered by the United States congress and that is used primarily for the benefit of veterans and their families is exempt from property taxation. The exemption provided by this section may be referred to as the "veterans' organization exemption". The veterans' organization exemption shall be applied only if claimed and allowed pursuant to Section 7-38-17 NMSA 1978 and the rules of the department. The veterans' services department shall assist the taxation and revenue department and the county assessors in determining which veterans' organizations qualify for the veterans' organization exemption.
History:
Laws 2011, ch. 102, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
Applicability.
— Laws 2011, ch. 102, § 3 provided that the provisions of Laws 2011, ch. 102, § 1 apply to taxable years beginning on or after January 1, 2012.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-5.4 - Property owned by a disabled veteran is exempt from a special benefit assessment.

A. Property owned by a disabled veteran, including joint or community property of the veteran and the veteran's spouse, is exempt from the imposition of a special benefit assessment if the property is occupied by the disabled veteran as the veteran's principal place of residence. Property held in a grantor trust established under Sections 671 through 677 of the Internal Revenue Code of 1986, as those sections may be amended or renumbered, by a disabled veteran or the veteran's surviving spouse is also exempt from the imposition of a special benefit assessment if the property otherwise meets the requirements for exemption in this subsection or Subsection B of this section.
B. The property of the surviving spouse of a disabled veteran is exempt from the imposition of a special benefit assessment if:
(1) the surviving spouse and the disabled veteran were married at the time of the disabled veteran's death;
(2) the surviving spouse continues to occupy the property continuously after the disabled veteran's death as the spouse's principal place of residence; and
(3) the surviving spouse has remained unmarried since the time of the disabled veteran's death.
C. For purposes of this section:
(1) "disabled veteran" means an individual who:
(a) has been honorably discharged from membership in the armed forces of the United States or has received a discharge certificate from a branch of the armed forces of the United States for civilian service recognized pursuant to federal law as service in the armed forces of the United States; and
(b) has been determined pursuant to federal law to have a one hundred percent permanent and total service-connected disability;
(2) "honorably discharged" means discharged from the armed forces pursuant to a discharge other than a dishonorable or bad conduct discharge; and
(3) "special benefit assessment" means an assessment or levy authorized by law for benefits, damages, construction, improvements or maintenance on property that is specially benefited by the benefits, damages, construction, improvements or maintenance; and includes an assessment or levy authorized by The Conservancy Act of New Mexico [73-14-1 NMSA 1978], the Public Improvement District Act [Chapter 5, Article 11 NMSA 1978], the Tax Increment for Development Act [Chapter 5, Article 15 NMSA 1978] and other similar laws outside the Property Tax Code.
History:
Laws 2015, ch. 115, § 1.
ANNOTATIONS
Cross references.
— For the Internal Revenue Code of 1986,
see
26 U.S.C.
Effective dates.
— Laws 2015, ch. 115 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-6 - Rate of tax cumulative; determination; governmental units' entitlement to tax.

A. The rate of the tax is cumulative and shall be determined for application against any property in a tax year by adding all of the rates authorized by this article and set by the department of finance and administration for the use of the governmental units to which the net taxable value of the property is allocated.
B. Each governmental unit that is authorized a rate under this article is entitled to that portion of the tax collected by applying the governmental unit's rate set for the tax year to the net taxable value of property allocated to the governmental unit.
C. For the purposes of this section and Section 7-37-7 NMSA 1978, the net taxable value of all property subject to the tax is considered allocated to the state when determining or applying tax rates authorized for the use of the state.
History:
1953 Comp., § 72-30-6, enacted by Laws 1973, ch. 258, § 39.
ANNOTATIONS
Law reviews.
— For comment, "Coal Taxation in the Western States: The Need for a Regional Tax Policy," see 16 Nat. Resources J. 415 (1976).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 37 - Imposition of Property Tax › Section 7-37-8 - School tax rates.

No later than August 15 of each year, the state department of public education shall submit to the secretary of finance and administration the property tax rates for the succeeding tax year for each school district and the commission on higher education [higher education department] shall submit to the secretary of finance and administration the property tax rates for the succeeding tax year for each technical and vocational district, area vocational school district, junior college district and branch community college district. The rates required to be submitted pursuant to this section shall separately state by county and by school district the rate to be levied for operational purposes and the rate to be levied for payment of principal and interest on general obligation debt issued or entered into by the district.
History:
1978 Comp., § 7-37-8, enacted by Laws 1978, ch. 128, § 1; 1983, ch. 301, § 12; 1988, ch. 64, § 1; 1997, ch. 193, § 17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2005, ch. 289, § 29 abolished the commission on higher education and provided that all references in law to the commission on higher education shall be construed to be references to the higher education department.
Cross references.
— For the Education Technology Equipment Act,
see
Chapter 6, Article 15A NMSA 1978.
The 1997 amendment,
effective April 10, 1997, substituted "payment of principal and interest on general obligation debt issued or entered into by the district" for "principal and interest on general obligation bonds issued by the district" at the end of the section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-1 - Applicability.

This article applies to the administration and enforcement of all taxes imposed under the Property Tax Code.
History:
1953 Comp., § 72-31-1, enacted by Laws 1973, ch. 258, § 41.
ANNOTATIONS
Ultimate responsibility for taxes rests upon property owner.
— A review of New Mexico statutes pertaining to assessment and collection of taxes demonstrates that the ultimate responsibility for payment rests upon the property owner.
Bailey v. Barranca
, 1971-NMSC-074, 83 N.M. 90, 488 P.2d 725.
Duty on assessor where owner refuses to declare property.
— In the event of a refusal of any person, owning or in control of any property, to declare the same as required, the duty then rests upon the assessor to make a true and complete list of the property.
McKay v. Espinosa
, 1958-NMSC-144, 65 N.M. 241, 335 P.2d 567.
Assumption is that owner made assessment.
— Only when the owner fails to make a declaration of all his property is the assessor given the duty of supplying one for him. There being no evidence to the contrary, it will be assumed in compliance with the law that the questioned assessment was not made by the assessor but was actually made by the assessee.
McKay v. Espinosa
, 1958-NMSC-144, 65 N.M. 241, 335 P.2d 567.
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 1986-88 survey of New Mexico law of real property, 19 N.M.L. Rev. 751 (1990).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-2 - Investigative authority and powers.

A. The director may issue subpoenas, returnable in not less than ten days, to require the production of any pertinent records or to require any person to appear and testify under oath concerning the subject matter of an inquiry for the purposes of:
(1) determining whether property is subject to property taxation;
(2) establishing or determining the value of any property for property taxation purposes;
(3) determining the extent of liability for and the amount of any property tax due from any person; and
(4) enforcing any statute administered by the department or administered by county officers under the supervision of the department.
B. At any time after the service of a subpoena and prior to its return date, a person to whom a subpoena is issued may file an action in the district court to quash the subpoena on the grounds that it was improperly issued.
C. In order to carry out their respective responsibilities under the Property Tax Code, county assessors and their employees, and the director and employees of the department may at reasonable times and after displaying identity credentials:
(1) with the permission of a property owner or his authorized agent, examine those records that relate to the valuation of the property; and
(2) with the permission of a property owner or his authorized agent, enter or inspect any property that is subject to valuation for property taxation purposes.
D. If a person fails to appear, produce records or refuses to testify in response to a subpoena issued under Subsection A, or if a person refuses permission to allow examination of records, entry or inspection of property authorized under Subsection C, the director, or the county assessor in the case where he or his employees have been refused examination, entry or inspection, may invoke the aid of the district court by filing an action to require appearance or testimony or to allow examination, entry or inspection. The court may, after notice, hearing and good cause shown, require the person to appear and testify, to produce records, to allow examination of records or to allow entry or inspection of property. If the person fails to comply with the court's order, the court may punish him for contempt.
History:
1953 Comp., § 72-31-2, enacted by Laws 1973, ch. 258, § 42.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d State and Local Taxation §§ 704 to 752.
84 C.J.S. Taxation § 462 et seq.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-3 - Information reports.

For the purpose of establishing or determining the value of property for property taxation purposes, the director may promulgate regulations requiring any property owner or his authorized agent to report information concerning the property to the department or the county assessor at the times and in the manner required by the director.
History:
1953 Comp., § 72-31-3, enacted by Laws 1973, ch. 258, § 43.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 28, § 31, repealed 7-38-5 NMSA 1978, as enacted by Laws 1973, ch. 258, § 45, relating to the allocation of responsibility for the valuation of property. For present provisions,
see
7-36-2 NMSA 1978, effective May 15, 1982.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-8.1 - Division to adopt regulations to require reporting of exempt property.

The division shall adopt regulations to insure that all real property owned by any nongovernmental entity and claimed to be exempt from property taxation under the provisions of Paragraph (1) of Subsection B of Section 7-36-7 NMSA 1978 shall be reported for valuation purposes to the appropriate valuation authority. These regulations shall include provisions for initial reporting of the property and claiming of the exempt status pursuant to Subsection C of Section 7-38-17 NMSA 1978.
History:
1978 Comp., § 7-38-8.1, enacted by Laws 1982, ch. 28, § 8.
ANNOTATIONS
Inspection and interviews.
— After a private museum claims an exemption from property tax, this section does not require the county tax assessor to conduct an on-site inspection and interviews, relating to the museum's educational programs.
Georgia O'Keeffe Museum v. County of Santa Fe
, 2003-NMCA-003, 133 N.M. 297, 62 P.3d 754.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-10 - Department may insure compliance with mapping and description of real property regulations by departmental installation of required system; reimbursement by county of costs incurred.

Whenever the director determines that it is necessary to insure compliance with departmental regulations relating to comprehensive mapping or geographic information systems and real property description or to correct county deficiencies in this regard, he shall order the installation by the department of the necessary maps and other increments of the property description system in the county. The director may require the county to reimburse the department for costs incurred by the department in the installation or correction of a property description system.
History:
1953 Comp., § 72-31-10, enacted by Laws 1973, ch. 258, § 50; 1999, ch. 215, § 2.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, inserted "or geographic information systems" in the first sentence.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-11 - Property reported in the wrong county.

If property is reported for valuation for property taxation purposes in a county different from the county in which it is required to be reported by law and the regulations of the department, the county assessor to whom the erroneous report is made shall send a copy of the report to the county assessor of the county in which the report is required to be made and shall, at the same time, notify the person making the erroneous report of his obligation to make the required report to the appropriate county. A person making a report to the wrong county assessor is not relieved of his responsibility to make the required report to the correct county assessor because of the provisions of this section.
History:
1953 Comp., § 72-31-11, enacted by Laws 1973, ch. 258, § 51.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-12 - Property transfers; copies of documents to be furnished to assessor; penalty for violation.

A. Whenever a deed or real estate contract transferring an interest in real property is received by a county clerk for recording, a copy of the deed or real estate contract shall be given to the county assessor by the clerk.
B. A county clerk who willfully fails to comply with this section is guilty of a petty misdemeanor, punishable in accordance with the Criminal Code [Chapter 30 NMSA 1978].
History:
Laws 1973, ch. 258, § 52; 1953 Comp., § 72-31-12; Laws 1974, ch. 92, § 8; 1982, ch. 28, § 9.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-12.2 - Penalties.

A. A person who intentionally refuses to make a required report within the time period specified under the provisions of Section 7-38-12.1 NMSA 1978 or who knowingly makes a false statement on an affidavit required under the provisions of Section 7-38-12.1 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be punished by the imposition of a fine of not more than one thousand dollars ($1,000).
B. The secretary, any employee or any former employee of the department or any other person subject to the provisions of Section 7-38-12.1 NMSA 1978 who willfully releases information in violation of that section, except as provided in Section 7-38-4 NMSA 1978 or as part of a protest proceeding as defined in Section 7-38-24 NMSA 1978, is guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000).
History:
Laws 2003, ch. 118, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 118, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-13 - Statement of decrease in value of property subject to local valuation.

A. No later than the last day of February of a tax year, any owner of property subject to valuation by the county assessor who believes that the value of his property has decreased in the previous tax year may file with the county assessor a signed statement describing the property affected, the cause and nature of the decrease in value and the amount by which the owner contends the valuation of the property has been decreased. Prior to determining the value of the property, the county assessor or an employee of the assessor must view the property described in the statement. The county assessor shall note on the back of the statement the date the property was viewed, by whom it was viewed and any action taken or to be taken as a result. The provisions of this subsection include a decrease in valuation of property due to a change in ownership, location or existence of personal property subject to local valuation, and in those cases the assessor or his employee shall verify the alleged change and make an appropriate notation of the date of verification, the person who made it and any action taken or to be taken as a result.
B. Reports required or authorized under this section to be filed by the owner of property may be filed by the owner's authorized agent.
History:
1953 Comp., § 72-31-13, enacted by Laws 1973, ch. 258, § 53; 1991, ch. 213, § 2.
ANNOTATIONS
The 1991 amendment,
effective January 1, 1992, deleted "Statement of improvements to real property subject to local valuation" in the section heading; deleted former Subsection A, relating to filing a statement of improvements to real property subject to local valuation; designated former Subsections B and C as Subsections A and B; and made minor stylistic changes in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d State and Local Taxation §§ 765, 766.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-14 - Tabulation of construction permits; information required to be furnished to county assessors.

A. By the tenth day of each month, the trade boards operating under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] shall furnish the assessor of each county with a tabulation of all permits which they have issued in the assessor's county in the previous month for all construction projects, the cost of each of which exceeded one thousand dollars ($1,000). The tabulation shall include the name of the owner of the property for which a permit was issued, the construction location and the cost of the construction project for which the permit was issued. A copy of the tabulation shall be sent to the department.
B. By the tenth day of each month, each county or municipality issuing building permits shall furnish the assessor of the county issuing the permit or the county in which the municipality is located with a tabulation of all building permits issued in the previous month for all construction projects, the cost of each of which exceeded one thousand dollars ($1,000). The tabulation shall include the name of the owner of the property for which a permit was issued, the construction location and the cost of the construction project for which the permit was issued. A copy of the tabulation shall be sent to the department.
C. Upon receiving the information required to be furnished under this section, the county assessors and the department shall enter any required changes in their valuation or other records.
History:
1953 Comp., § 72-31-14, enacted by Laws 1973, ch. 258, § 54.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-15 - Information on real property sold, purchased, contracted to be sold or purchased, or exchanged by governmental bodies to be sent to or obtained by the department; department to compile and send information to county assessors.

A. By the twentieth day of each month, the department shall obtain from appropriate agencies of the United States the following information relating to real property transactions occurring during the preceding month:
(1) a list by legal description of each parcel of real property in the state that was sold, purchased, contracted to be sold or purchased, or exchanged by agencies of the United States government; and
(2) the names and addresses of each of the transferors and transferees of the property required to be listed under Paragraph (1) of this subsection.
B. By the twentieth day of each month, each state agency and the governing body of each of the state's political subdivisions shall report to the department the following information relating to real property transactions occurring during the preceding month:
(1) a list by legal description of each parcel of real property in the state that was sold, purchased, contracted to be sold or purchased, or exchanged by the state agency or the political subdivisions; and
(2) the names and addresses of each of the transferors and transferees of the property listed under Paragraph (1) of this subsection.
C. The information gathered by the department on real property that is subject to local valuation for property taxation purposes shall be compiled and sent immediately to the county assessors of the counties in which the reported property is located. The county assessor receiving the information shall enter any required changes in the valuation or other records and shall also take any action that is required under the Property Tax Code as a result of the receipt of the information.
D. The information gathered by the department on real property that is subject to valuation for property taxation purposes by the department shall be compiled and retained by the department. The department shall enter any required changes in its valuation or other records and shall also take any action that is required under the Property Tax Code as a result of the receipt of the information.
History:
1953 Comp., § 72-31-15, enacted by Laws 1973, ch. 258, § 55.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-16 - Condemnation proceedings; duty of condemning authority to notify county assessor.

A. Upon the issuance of a court order making permanent an order of preliminary entry in any condemnation proceeding brought by any governmental authority in this state exercising the power of eminent domain, or upon the issuance of a final order of condemnation if no order allowing preliminary entry is issued, the condemning authority shall notify the county assessor of the county in which the land subject to condemnation is situated of:
(1) the fact of the issuance of an order making permanent an order of preliminary entry or an order of final condemnation and the date of the order;
(2) the description and ownership of the land subject to the order; and
(3) the date that physical possession of the land was or will be assumed by the condemning authority under a preliminary entry order.
B. Upon receipt of the notification required under Subsection A, the county assessor shall make appropriate changes in his valuation records to indicate as owner of the land for property taxation purposes the condemning authority as of the date of possession or the date of a final order of condemnation. If the land involved is subject to valuation for property taxation purposes by the department, the county assessor shall notify the department of the changes.
C. This section does not authorize the proration of taxes for a tax year in which ownership changes as a result of condemnation proceedings, but a condemning authority may contract or stipulate with an owner of land subject to condemnation for the proration of the owner's tax liability.
History:
1953 Comp., § 72-31-16, enacted by Laws 1973, ch. 258, § 56.
ANNOTATIONS
Cross references.
— For condemnation proceedings generally,
see
Chapter 42A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-18 - Publication of notice of certain provisions relating to reporting property for valuation and claiming of exemptions.

A. Each county assessor shall have a notice published in a newspaper of general circulation within the county at least once a week during the first three full weeks in January of each tax year, which notice shall include a brief statement of the provisions of:
(1) Section 7-38-8 NMSA 1978 relating to requirements for reporting property for valuation for property taxation purposes;
(2) Section 7-38-8.1 NMSA 1978 relating to requirements for reporting exempt property;
(3) Section 7-38-13 NMSA 1978 relating to filing statements of decrease in value of property;
(4) Section 7-38-17 NMSA 1978 relating to requirements for claiming veteran, disabled veteran, head-of-family and other exemptions;
(5) Section 7-38-17.1 NMSA 1978 relating to the requirements for declaring residential property and changes in use of property; and
(6) Section 7-36-21.3 NMSA 1978 relating to requirements for claiming eligibility for the limitation on increases in valuation for property taxation purposes of a single-family dwelling owned and occupied by a person who is sixty-five years of age or older.
B. The department shall develop and issue a uniform form of notice to be used by county assessors to fulfill the requirements of this section.
History:
1953 Comp., § 72-31-18, enacted by Laws 1973, ch. 258, § 58; 1981, ch. 37, § 69; 1982, ch. 28, § 11; 2000, ch. 92, § 4; 2000, ch. 94, § 4; 2001, ch. 321, § 3.
ANNOTATIONS
The 2001 amendment,
effective April 5, 2001, deleted "requirements for reporting improvements to real property and to" preceding "filing statements" in Paragraph A(3); and added Paragraph A(6).
Applicability.
— Laws 2001, ch. 321, § 6 made the provisions of this act applicable to the 2001 property tax year and succeeding tax years.
The 2000 amendment,
effective March 7, 2000, in Subsection A(4), inserted "disabled veteran" and in Subsection B, substituted "department" for "division".
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 38 - Administration and Enforcement of Property Taxes › Section 7-38-19 - Valuation records.

A. The county assessor shall maintain a record of the values determined for property taxation purposes on all property within the county subject to valuation under the Property Tax Code, whether the values are determined by the county assessor or the department.
B. The department shall maintain, in addition to the county assessors' records, a record of the values determined for property taxation purposes on all property subject to department valuation under the Property Tax Code.
C. Valuation records shall contain the information required by the Property Tax Code and regulations of the department.
D. Except as provided otherwise in Subsection E of this section, valuation records are public records.
E. Valuation records that contain information regarding the income, expenses other than depreciation, profits or losses associated with a specific property or a property owner or that contain diagrams or other depictions of the interior arrangement of buildings, alarm systems or electrical or plumbing systems are not public records and may be released only in accordance with Paragraphs (2) through (7) of Subsection A of Section 7-38-4 NMSA 1978.
History:
1953 Comp., § 72-31-19, enacted by Laws 1973, ch. 258, § 59; 1982, ch. 28, § 12; 1991, ch. 166, § 8.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "department" for "division" throughout the section; deleted "but shall not include the income, expenses other than depreciation, profits or losses associated with a specific property or property owner" at the end of Subsection C; added the exception at the beginning of Subsection D; and added Subsection E.
Public access.
— District court's decision ordering a county assessor to provide the taxpayer with the requested uniform property record cards, with any confidential information redacted, was affirmed.
Gordon v. Sandoval Cnty. Assessor
, 2001-NMCA-044, 130 N.M. 573, 28 P.3d 1114.