reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 29A - Enhanced Oil Recovery › Section 7-29A-4 - Notification to the secretary of taxation and revenue; duties of the secretary.

A. The division shall immediately notify the secretary of taxation and revenue upon:
(1) certifying that a positive production response has occurred for an enhanced oil recovery project, in which case the notice shall contain the date certification was made and the date positive production response occurred;
(2) receiving notification of termination of an enhanced recovery project, in which case the notice shall contain the date of termination; and
(3) adopting and promulgating rules and regulations pursuant to the provisions of the Enhanced Oil Recovery Act.
B. The secretary of taxation and revenue shall adopt and promulgate rules and regulations to enforce the provisions of the Enhanced Oil Recovery Act.
History:
Laws 1992, ch. 38, § 4.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 29A - Enhanced Oil Recovery › Section 7-29A-5 - Secretary of taxation and revenue approval; refund.

A. The person responsible for paying the oil and gas severance tax on production from the enhanced recovery project shall not qualify to receive the recovered oil tax rate unless that person:
(1) applies to the secretary of taxation and revenue in the form and manner prescribed by the secretary for approval to pay the oil and gas severance tax on crude oil severed and saved from the enhanced recovery project at the recovered oil tax rate;
(2) includes the certifications from the division of approval and designation of the affected areas of the enhanced recovery project and of a positive production response from the enhanced recovery project; and
(3) provides all relevant material that the secretary of taxation and revenue considers necessary to administer the applicable provisions of the Enhanced Oil Recovery Act.
B. An approval of the secretary of taxation and revenue in accordance with Subsection A of this section shall be applicable to crude oil severed and sold from the enhanced recovery project on and after the first day of the month following the month in which the division certifies that a positive production response with respect to the enhanced recovery project has occurred. If the oil and gas severance tax is paid at a rate imposed in Paragraph (2) of Subsection A of Section 7-29-4 NMSA 1978 on crude oil severed and saved from the enhanced recovery project after the month in which the division certifies that a positive production response with respect to the enhanced recovery project has occurred, a claim for refund may be filed in accordance with Section 7-1-26 NMSA 1978 for the excess in tax over the amount due using the recovered oil tax rate. Notwithstanding the provisions of Subsection E [Subsection F] of Section 7-1-26 NMSA 1978 any such refund granted shall be made in the form of a credit against future oil and gas severance tax liabilities.
History:
Laws 1992, ch. 38, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The reference to Subsection E of 7-1-26 NMSA 1978 in Subsection B should now be a reference to Subsection F in light of the 1997 amendment to 7-1-26 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 29B - Natural Gas and Crude Oil Production Incentives › Section 7-29B-1 - Short title.

Sections 1 through 6 [7-29B-1 to 7-29B-6 NMSA 1978] of this act may be cited as the "Natural Gas and Crude Oil Production Incentive Act".
History:
Laws 1995, ch. 15, § 1.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 29B - Natural Gas and Crude Oil Production Incentives › Section 7-29B-4 - Application procedures; certification of approval; rules; administration.

A. The operator of a proposed production restoration project or well workover project shall apply to the division for approval of a production restoration project or a well workover project in the form and manner prescribed by the division and shall provide any relevant material and information the division requires for that approval.
B. Upon a determination that the project complies with the provisions of the Natural Gas and Crude Oil Production Incentive Act and rules adopted pursuant to that act, the division shall approve the application and shall issue a certification of approval to the operator and designate the natural gas or oil well as a production restoration project or well workover project, as applicable.
C. In addition to the powers enumerated in Section 70-2-12 NMSA 1978, the division shall adopt, promulgate and enforce rules to carry out the provisions of the Natural Gas and Crude Oil Production Incentive Act.
D. The division shall consider and approve applications for approval of a production restoration project or well workover project without holding hearings on the applications. If the division denies approval of an application pursuant to such a process, the division, upon the request of the applicant, shall set a hearing of the application before an examiner appointed by the division to conduct the hearing. The hearing shall be conducted in accordance with the provisions of the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978] for such hearings.
History:
Laws 1995, ch. 15, § 4; 1999, ch. 256, § 5.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, deleted "and regulations" following "rules" in the section heading and throughout the section; deleted former Subsection C which read: "At the time of issuing a certification of approval to an operator of a natural gas or oil well for a well workover project, the division shall also certify the production projection for that project", and redesignated the remaining subsections accordingly; and deleted "Sections 1 through 5 of" following "provisions of" in Subsection C.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 29B - Natural Gas and Crude Oil Production Incentives › Section 7-29B-5 - Notice to secretary of taxation and revenue.

The division shall notify immediately the secretary of taxation and revenue upon:
A. adoption of rules pursuant to the provisions of the Natural Gas and Crude Oil Production Incentive Act;
B. certification of the date that production has been restored on a production restoration project;
C. certification of the date that a well workover project has been completed; and
D. certification of the stripper well properties for the fiscal year.
History:
Laws 1995, ch. 15, § 5; 1999, ch. 256, § 6.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, deleted "and regulations" following "rules" in Subsection A, and added Subsection D.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-1 - Title.

Chapter 7, Article 30 NMSA 1978 may be cited as the "Oil and Gas Conservation Tax Act".
History:
1953 Comp., § 72-20-1, enacted by Laws 1959, ch. 53, § 1; 1985, ch. 65, § 30.
ANNOTATIONS
Cross references.
— For intergovernmental tax credits,
see
7-29C-1 NMSA 1978.
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 30 - Oil and Gas Conservation Tax › Section 7-30-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-3 NMSA 1978, as enacted by Laws 1959, ch. 53, § 3, relating to the purpose and declaration of intention of the Oil and Gas Conservation Tax Act, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-5 - Taxable value; method of determining.

A. To determine the taxable value of oil, natural gas or liquid hydrocarbon, individually or any combination thereof, carbon dioxide, helium or non-hydrocarbon gases, there shall be deducted from the value of products:
(1) royalties paid or due the United States or the state of New Mexico;
(2) royalties paid or due any Indian tribe, Indian pueblo or Indian that is a ward of the United States; and
(3) the reasonable expense of trucking any product from the production unit to the first place of market.
B. The taxable value of coal shall be the taxable value determined under Section 7-25-3 NMSA 1978, less royalties paid or due any Indian tribe, Indian pueblo or Indian that is a ward of the United States.
C. The taxable value of uranium shall be twenty-five percent of an amount equal to the difference between:
(1) the taxable value determined under Section 7-25-3 NMSA 1978; and
(2) royalties paid or due any Indian tribe, Indian pueblo or Indian that is a ward of the United States.
D. The taxable value of geothermal energy shall be the value at the point of first sale, less the cost of transporting it from the point of severance to the point of the first sale, less the royalties paid or due the United States or the state of New Mexico or any Indian tribe, Indian pueblo or Indian that is a ward of the United States.
History:
1953 Comp., § 72-20-5, enacted by Laws 1959, ch. 53, § 5; 1975, ch. 289, § 16; 1977, ch. 102, § 2; 1980, ch. 97, § 5; 1985, ch. 65, § 32; 2005, ch. 130, § 5.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided the method to determine the taxable value of helium and non-hydrocarbon gases.
Law reviews.
— For article, " 'New Mexican Nationalism' and the Evolution of Energy Policy in New Mexico," see 17 Nat. Resources J. 283 (1977).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-6 - Value may be determined by department; standard.

The department may determine the value of products severed from a production unit when:
A. the operator and purchaser are affiliated persons;
B. the sale and purchase of products is not an arm's length transaction; or when
C. products are severed and removed from a production unit and a value as defined in this act is not established for such products.
The value determined by the department shall be commensurate with the actual price received for products of like quality, character and use which are severed in the same field or area.
History:
1953 Comp., § 72-20-6, enacted by Laws 1959, ch. 53, § 6; 1989, ch. 130, § 7.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "department" for "commission" in the section heading and throughout the section, and made minor stylistic changes.
Determination of value.
— The statute does not mandate the way in which the department must calculate processing costs, whether by a comparable value or by some other method. Rather, the final value of natural gas calculated by the department must be commensurate with similar products.
Chevron U.S.A., Inc. v. State ex rel. Taxation and Revenue Dep't
, 2006-NMCA-050, 139 N.M. 498, 134 P.3d 785, cert. denied, 2006-NMCERT-005, 139 N.M. 567, 136 P.3d 568.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-7 - Price increase subject to approval of agency of United States of America, state of New Mexico or court; refund.

When an increase in the value of any product is subject to the approval of any agency of the United States of America or the state of New Mexico, or any court, the increased value shall be subject to this tax. In the event the increase in value is disapproved, either in whole or in part, then the amount of tax which has been paid on the disapproved part of the value shall be considered excess tax. Any person who has paid any such excess tax may apply for a refund of that excess tax in accordance with the provisions of Section 7-1-26 NMSA 1978.
History:
1953 Comp., § 72-20-7, enacted by Laws 1959, ch. 53, § 7; 1985, ch. 65, § 33.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-8 - Products on which tax has been levied; regulation by department.

This tax shall not be levied more than once on the same product. Reporting of products on which this tax has been paid shall be subject to the regulation of the department.
History:
1953 Comp., § 72-20-8, enacted by Laws 1959, ch. 53, § 8; 1989, ch. 130, § 8.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "department" for "commission" in the section heading and in the second sentence.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-9 - Operator or purchaser to withhold interest owner's tax; department may require withholding of tax; tax withheld to be remitted to the state; operator or purchaser to be reimbursed.

A. Any operator making a monetary payment to an interest owner for his portion of the value of products from a production unit shall withhold from such payment the amount of tax due from the interest owner.
B. Any purchaser who, by express or implied agreement with the operator, makes a monetary payment to an interest owner for his portion of the value of products from a production unit, shall withhold from such payment the amount of tax due from the interest owner.
C. The department may require any purchaser making a monetary payment to an interest owner for his portion of the value of products from a production unit to withhold from such payment the amount of tax due from the interest owner.
D. Any operator or purchaser who pays any tax due from an interest owner shall be entitled to reimbursement from the interest owner for the tax so paid, and may take credit for such amount from any monetary payment to the interest owner for the value of products.
History:
1953 Comp., § 72-20-9, enacted by Laws 1959, ch. 53, § 9; 1989, ch. 130, § 9.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, added the subsection designations, and substituted "department" for "commission" in the section heading and in Subsection C.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-10 - Operator's report; tax remittance; additional information.

Each operator shall, in the form and manner required by the department, make a return to the department 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. A uranium or a coal return shall be filed on or before the twenty-fifth day of the month following the month in which the taxable event occurs pursuant to Section 7-26-6 or 7-26-7 NMSA 1978. Any additional report or information the department may deem necessary for the proper administration of the Oil and Gas Conservation Tax Act may be required.
History:
1953 Comp., § 72-20-10, enacted by Laws 1959, ch. 53, § 10; 1986, ch. 5, § 4; 1989, ch. 130, § 10; 2005, ch. 130, § 6.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, provided the deadline for filing uranium and coal returns.
The 1989 amendment,
effective June 16, 1989, substituted "department" for "division" throughout the section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-11 - Purchaser's report; tax remittance; additional information.

Each purchaser shall, in the form and manner required by the department, make a return to the department 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 department may deem necessary for the proper administration of the Oil and Gas Conservation Tax Act may be required.
History:
1953 Comp., § 72-20-11, enacted by Laws 1959, ch. 53, § 11; 1986, ch. 5, § 5; 1989, ch. 130, § 11.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "department" for "division" throughout the section.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-12 NMSA 1978, as enacted by Laws 1959, ch. 53, § 12, relating to the oil and gas accounting commission conservation tax fund, refunds and adjustments, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-13 NMSA 1978, as enacted by Laws 1959, ch. 53, § 13, relating to monthly report to department of finance and administration, transfer to oil conservation fund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-14 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1989, ch. 130, § 12 recompiled former 7-30-14 NMSA 1978, relating to disposition of oil conservation fund, as 70-2-36.1 NMSA 1978, effective June 16, 1989.
Laws 1991, ch. 9, § 45A repealed 70-2-36.1 NMSA 1978, effective July 1, 1991.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-15 NMSA 1978, as enacted by Laws 1959, ch. 53, § 15, relating to tax paid erroneously, refund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-16 NMSA 1978, as enacted by Laws 1959, ch. 53, § 16, relating to tax payment under protest, suit authorized, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-17 NMSA 1978, as enacted by Laws 1959, ch. 53, § 17, relating to interest and penalties, restraint from severing products, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-18 NMSA 1978, as enacted by Laws 1959, ch. 53, § 18, relating to subpoena power, misdemeanor, fine, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-19 NMSA 1978, as enacted by Laws 1959, ch. 53, § 19, 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 30 - Oil and Gas Conservation Tax › Section 7-30-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-20 NMSA 1978, as enacted by Laws 1959, ch. 53, § 20, relating to restraining order, injunction, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-21 NMSA 1978, as enacted by Laws 1959, ch. 53, § 21, relating to personal debt, action in any district court, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-22 NMSA 1978, as enacted by Laws 1959, ch. 53, § 22, relating to lien against property, notice to be filed, notice to debtor, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-23 NMSA 1978, as enacted by Laws 1959, ch. 53, § 23, relating to sale of property to satisfy lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-24 NMSA 1978, as enacted by Laws 1959, ch. 53, § 24, relating to the remedies under the Oil and Gas Conservation Tax Act, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-25 NMSA 1978, as enacted by Laws 1959, ch. 53, § 25, relating to remedies cumulative, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-30-26 NMSA 1978, as enacted by Laws 1959, ch. 53, § 26, relating to limitation of actions, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 30 - Oil and Gas Conservation Tax › Section 7-30-27 - Advance payment required.

A. Any person required to make payment of tax pursuant to Section 7-30-10 or 7-30-11 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 conservation 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 Conservation 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 Conservation 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 Conservation 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 Conservation 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 Conservation 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 Conservation 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 Conservation 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 Conservation 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, § 37.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-1 - Title.

Chapter 7, Article 31 NMSA 1978 may be cited as the "Oil and Gas Emergency School Tax Act".
History:
1953 Comp., § 72-21-1, enacted by Laws 1959, ch. 54, § 1; 1985, ch. 65, § 34.
ANNOTATIONS
Cross references.
— For intergovernmental tax credits,
see
7-29C-1 NMSA 1978.
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 §§ 219, 614.
84 C.J.S. Taxation §§ 161, 170.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-3 NMSA 1978, as amended by Laws 1975, ch. 133, § 3, relating to the purpose and declaration of intention of the Oil and Gas Emergency School Tax Act, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-5 - Taxable value; method of determining.

To determine the taxable value there shall be deducted from the value of products:
A. royalties paid or due the United States or the state of New Mexico;
B. royalties paid or due any Indian tribe, Indian pueblo or Indian that is a ward of the United States of America; and
C. the reasonable expense of trucking any product from the production unit to the first place of market.
History:
1953 Comp., § 72-21-5, enacted by Laws 1959, ch. 54, § 5; 1963, ch. 179, § 25.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-6 - Value may be determined by commission; standard.

The commission may determine the value of products severed from a production unit when:
A. the operator and purchaser are affiliated persons; or when
B. the sale and purchase of products is not an arm's length transaction; or when
C. products are severed and removed from a production unit and a value as defined in this act is not established for such products.
The value determined by the commission shall be commensurate with the actual price received for products of like quality, character and use which are severed in the same field or area.
History:
1953 Comp., § 72-21-6, enacted by Laws 1959, ch. 54, § 6.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-31-2A NMSA 1978.
Compiler's notes.
— The term "this act", referred to in Subsection C, means Laws 1959, ch. 54, compiled as 7-31-1, 7-31-2, 7-31-4 to 7-31-11 NMSA 1978.
Determination of value.
— The statute does not mandate the way in which the department must calculate processing costs, whether by a comparable value or by some other method. Rather, the final value of natural gas calculated by the department must be commensurate with similar products.
Chevron U.S.A., Inc. v. State ex rel. Taxation and Revenue Dep't
, 2006-NMCA-050, 139 N.M. 498, 134 P.3d 785, cert. denied, 2006-NMCERT-005, 139 N.M. 567, 136 P.3d 568.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-7 - Price increase subject to approval of agency of United States of America, state of New Mexico or court; refund.

When an increase in the value of any product is subject to the approval of any agency of the United States of America or the state of New Mexico or any court, the increased value shall be subject to this tax. In the event the increase in value is disapproved, either in whole or in part, then the amount of tax which has been paid on the disapproved part of the value shall be considered excess tax. Any person who has paid any such excess tax may apply for a refund of that excess tax in accordance with the provisions of Section 7-1-26 NMSA 1978.
History:
1953 Comp., § 72-21-7, enacted by Laws 1959, ch. 54, § 7; 1985, ch. 65, § 35.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-8 - Products on which tax has been levied; regulation by commission.

This tax shall not be levied more than once on the same product. Reporting of products on which this tax has been paid shall be subject to the regulation of the commission.
History:
1953 Comp., § 72-21-8, enacted by Laws 1959, ch. 54, § 8.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-31-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-9 - Operator or purchaser to withhold interest owner's tax; commission may require withholding of tax; tax withheld to be remitted to the state; operator or purchaser to be reimbursed.

Any operator making a monetary payment to an interest owner for his portion of the value of products from a production unit shall withhold from such payment the amount of tax due from any interest owner.
Any purchaser, who, by express or implied agreement with the operator, makes a monetary payment to an interest owner for his portion of the value of products from a production unit, shall withhold from such payment the amount of tax due from the interest owner.
The commission may require any purchaser making a monetary payment to an interest owner for his portion of the value of products from a production unit to withhold from such payment the amount of tax due from the interest owner.
Any operator or purchaser who pays any tax due from an interest owner shall be entitled to reimbursement from the interest owner for the tax so paid, and may take credit for such amount from any monetary payment to the interest owner for the value of products.
History:
1953 Comp., § 72-21-9, enacted by Laws 1959, ch. 54, § 9.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-31-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-10 - 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 Emergency School Tax Act may be required.
History:
1953 Comp., § 72-21-10, enacted by Laws 1959, ch. 54, § 10; 1986, ch. 5, § 6.
ANNOTATIONS
Cross references.
— For meaning of "division",
see
7-31-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-10.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 218, § 3 repealed 7-31-10.1 NMSA 1978, as enacted by Laws 1999, ch. 218, § 1, relating to one-time tax credit for new wells, effective July 1, 2001. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-11 - 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 Emergency School Tax Act may be required.
History:
1953 Comp., § 72-21-11, enacted by Laws 1959, ch. 54, § 11; 1986, ch. 5, § 7.
ANNOTATIONS
Cross references.
— For meaning of "division",
see
7-31-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-12 NMSA 1978, as enacted by Laws 1959, ch. 54, § 12, relating to oil and gas accounting commission emergency school tax fund, refunds and adjustments, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-13 NMSA 1978, as enacted by Laws 1959, ch. 54, § 13, relating to monthly report to department of finance and administration, transfer to public school equalization fund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-14 NMSA 1978, as enacted by Laws 1959, ch. 54, § 14, relating to tax paid erroneously, refund, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-15 NMSA 1978, as enacted by Laws 1959, ch. 54, § 15, relating to tax payment under protest, suit authorized, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-16 NMSA 1978, as enacted by Laws 1959, ch. 54, § 16, relating to interest and penalties, restraint from severing products, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-17 NMSA 1978, as enacted by Laws 1959, ch. 54, § 17, relating to subpoena power, misdemeanor fine, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-18 NMSA 1978, as enacted by Laws 1959, ch. 54, § 18, 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 31 - Oil and Gas Emergency School Tax › Section 7-31-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-19 NMSA 1978, as enacted by Laws 1959, ch. 54, § 19, relating to restraining order, injunction, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-20 NMSA 1978, as enacted by Laws 1959, ch. 54, § 20, relating to personal debt, action in any district court, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-21 NMSA 1978, as enacted by Laws 1959, ch. 54, § 21, relating to lien against property, notice to be filed, notice to debtor, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-22 NMSA 1978, as enacted by Laws 1959, ch. 54, § 22, relating to sale of property to satisfy lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-23 NMSA 1978, as enacted by Laws 1959, ch. 54, § 23, relating to payment of taxes to release lien, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-24 NMSA 1978, as enacted by Laws 1959, ch. 54, § 24, relating to remedies cumulative, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-31-25 NMSA 1978, as enacted by Laws 1959, ch. 54, § 25, relating to limitation of actions, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 31 - Oil and Gas Emergency School Tax › Section 7-31-26 - Advance payment required.

A. Any person required to make payment of tax pursuant to Section 7-31-10 or 7-31-11 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 emergency school 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 Emergency School 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 Emergency School 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 Emergency School 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 Emergency School 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 in August 1991, every person required to pay tax pursuant to the Oil and Gas Emergency School 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 Emergency School 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 Emergency School 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 Emergency School 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, § 38.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-1 - Title.

Chapter 7, Article 32 NMSA 1978 may be cited as the "Oil and Gas Ad Valorem Production Tax Act".
History:
1953 Comp., § 72-22-1, enacted by Laws 1959, ch. 55, § 1; 1985, ch. 65, § 36.
ANNOTATIONS
Cross references.
— For intergovernmental tax credits,
see
7-29C-1 NMSA 1978.
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 §§ 219, 220.
Effect of severance of fee in oil and gas from fee on surface on taxability of oil and gas rights or privileges, 16 A.L.R. 514, 29 A.L.R. 606, 146 A.L.R. 880.
What property is exempted from ad valorem tax under statute or constitution providing for payment of oil and gas production tax by producers in lieu of other taxes, 77 A.L.R. 1078.
Method or rule for valuation of oil lease for tax purposes, 84 A.L.R. 1310.
84 C.J.S. Taxation § 95 et seq.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 65, § 46 repealed 7-32-3 NMSA 1978, as enacted by Laws 1959, ch. 55, § 3, relating to the purpose and declaration of intention of the Oil and Gas Ad Valorem Production Tax Act, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-4 - Ad valorem tax levied; collected by division; rate; interest owner's liability to state; Indian liability.

There is levied and shall be collected by the division an ad valorem tax on the assessed value of products which are severed and sold from each production unit at the rate certified to the division by the department of finance and administration under the provisions of Section 7-37-7 NMSA 1978. Such rate shall be levied for each month following its certification and shall be levied monthly thereafter until a new rate is certified. Every interest owner shall be liable for this tax to the extent of his interest in the value of such products, or to the extent of his interest as may be measured by the value of such products. Provided, any Indian tribe, Indian pueblo or Indian shall be liable for this tax to the extent authorized or permitted by law.
History:
1953 Comp., § 72-22-4, enacted by Laws 1959, ch. 55, § 4; 1981, ch. 37, § 58.
ANNOTATIONS
Law reviews.
— For article, "Nonneutral Features of Energy Taxation," see 20 Nat. Resources J. 853 (1980).
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-5 - Assessed value; method of determining.

A. The taxable value of products is an amount equal to one hundred fifty percent of the value of products after deducting:
(1) royalties paid or due the United States or the state of New Mexico;
(2) royalties paid or due any Indian tribe, Indian pueblo or Indian that is a ward of the United States; and
(3) the reasonable expense of trucking any product from the production unit to the first place of market.
B. The assessed value of products shall be determined by applying the uniform assessment ratio to the taxable value of products. The method prescribed by this section shall be the exclusive method for determining the assessed value of products. The tax imposed by Section 7-32-4 NMSA 1978 of the Oil and Gas Ad Valorem Production Tax Act, together with the tax imposed by Section 7-34-4 NMSA 1978 of the Oil and Gas Production Equipment Ad Valorem Tax Act [Chapter 7, Article 34 NMSA 1978], shall be the full and exclusive measure of ad valorem tax liability on the interests of all persons, including the operator and interest owners, in the production unit. Any other ad valorem tax on the production unit or on products severed therefrom is void.
History:
1953 Comp., § 72-22-5, enacted by Laws 1959, ch. 55, § 5; 1972, ch. 59, § 1.
ANNOTATIONS
Cross references.
— For exclusive ad valorem taxes on equipment,
see
7-34-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-6 - Value may be determined by commission; standard.

The commission may determine the value of products severed from a production unit when:
A. the operator and purchaser are affiliated persons; or when
B. the sale and purchase of products is not an arm's length transaction; or when
C. products are severed and removed from a production unit and a value as defined in this act is not established for such products.
The value determined by the commission shall be commensurate with the actual price received for products of like quality, character and use which are severed in the same field or area.
History:
1953 Comp., § 72-22-6, enacted by Laws 1959, ch. 55, § 6.
ANNOTATIONS
Compiler's notes.
— The term "this act", as it appears in Subsection C, means Laws 1959, ch. 55, compiled as 7-32-1, 7-32-2, 7-32-4 to 7-32-11, 7-32-13 to 7-32-15 NMSA 1978.
Cross references.
— For meaning of "commission",
see
7-32-2A NMSA 1978.
Determination of value.
— The statute does not mandate the way in which the department must calculate processing costs, whether by a comparable value or by some other method. Rather, the final value of natural gas calculated by the department must be commensurate with similar products.
Chevron U.S.A., Inc. v. State ex rel. Taxation and Revenue Dep't
, 2006-NMCA-050, 139 N.M. 498, 134 P.3d 785, cert. denied, 2006-NMCERT-005, 139 N.M. 567, 136 P.3d 568.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-7 - Price increase subject to approval of agency of United States of America, state of New Mexico or court; refund.

When an increase in the value of any product is subject to the approval of any agency of the United States of America or the state of New Mexico or any court, the increased value shall be subject to this tax. In the event the increase in value is disapproved, either in whole or in part, then the amount of tax which has been paid on the disapproved part of the value shall be considered excess tax. Any person who has paid any such excess tax may apply for a refund of that excess tax in accordance with the provisions of Section 7-1-26 NMSA 1978.
History:
1953 Comp., § 72-22-7, enacted by Laws 1959, ch. 55, § 7; 1985, ch. 65, § 37.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-8 - Products on which tax has been levied; regulation by commission.

This tax shall not be levied more than once on the same product. Reporting of products on which this tax has been paid shall be subject to the regulation of the commission.
History:
1953 Comp., § 72-22-8, enacted by Laws 1959, ch. 55, § 8.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-32-2A NMSA 1978.
2023 New Mexico Statutes › Chapter 7 - Taxation › Article 32 - Oil and Gas Ad Valorem Production Tax › Section 7-32-9 - Operator or purchaser to withhold interest owner's tax; commission may require withholding of tax; tax withheld to be remitted to the state; operator or purchaser to be reimbursed.

Any operator making a monetary payment to an interest owner for his portion of the value of products from a production unit shall withhold from such payment the amount of tax due from any interest owner.
Any purchaser, who, by express or implied agreement with the operator, makes a monetary payment to an interest owner for his portion of the value of products from a production unit, shall withhold from such payment the amount of tax due from the interest owner.
The commission may require any purchaser making a monetary payment to an interest owner for his portion of the value of products from a production unit to withhold from such payment the amount of tax due from the interest owner.
Any operator or purchaser who pays any tax due from an interest owner shall be entitled to reimbursement from the interest owner for the tax so paid, and may take credit for such amount from any monetary payment to the interest owner for the value of products.
History:
1953 Comp., § 72-22-9, enacted by Laws 1959, ch. 55, § 9.
ANNOTATIONS
Cross references.
— For meaning of "commission",
see
7-32-2A NMSA 1978.