reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.32 - SPECIAL METHOD OF VALUATION - MINERAL PROPERTY AND PROPERTY USED IN CONNECTION WITH MINERAL PROPERTY - URANIUM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
URANIUM MINERAL PROPERTY -
				IMPROVEMENTS, ETC., HELD OR USED IN CONNECTION WITH ALL CLASSES OF URANIUM
				MINERAL PROPERTY - SURFACE VALUE FOR AGRICULTURAL OR OTHER PURPOSES:
The
				valuation methods used in valuing the property described in Paragraphs (1) and
				(2) of Subsection B of Section
				7-36-25
				NMSA 1978 are those methods referred to in Subsections A and B of Section
				3.6.5.30 NMAC.
B.
URANIUM
				MINERAL PROPERTY - CLASS ONE NONPRODUCTIVE URANIUM MINERAL PROPERTY:
Class one nonproductive uranium mineral property is valued on the basis of the
				value of the minerals in place of such property in addition to the values
				determined pursuant to Subsection B of Section
				7-36-25
				NMSA 1978.
C.
URANIUM MINERAL
				PROPERTY - REQUIREMENT FOR FIFTY PERCENT DEDUCTION:
Paragraph (2) of
				Subsection E of Section
				7-36-25
				NMSA 1978 allows a fifty percent (50%) deduction for the cost of producing and
				bringing the output to the surface from an underground mine. Therefore, in the
				case of strip mining operations, after removal of the overburden, the taxpayer
				is not entitled to the deduction.
D.
URANIUM MINERAL PRODUCTION -
				APPLICATION OF FIFTY PERCENT DEDUCTION:
The fifty percent deduction for
				the costs of producing and bringing the output to the surface from an
				underground mine which is found in Paragraph (2) of Subsection E of Section
				7-36-25
				NMSA 1978 is deducted from a value which is comprised of:
(1) the units of uranium sold times either
				fifty percent of the taxpayer's average unit sales price or fifty percent of
				the representative sales price, the prices being determined consistently with
				Paragraph (2) of Subsection E of Section
				7-36-25
				NMSA 1978; and
(2) the units of all
				other minerals sold times fifty percent of the representative sales price of
				all other minerals produced and saved from the uranium-bearing material not
				disposed of as ore or solution.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.33 - SPECIAL METHOD OF VALUATION - MANUFACTURED HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
MANUFACTURED HOMES - REPORTING
				FORM:
(1) The information specified
				below is required to be furnished by manufactured home owners in reporting
				manufactured homes pursuant to Section
				7-36-26
				NMSA 1978:
(a) owner's name and mailing
				address;
(b) location of
				manufactured home, including the county and school district;
(c) name of the manufacturer;
(d) model, year and serial number of the
				manufacturer;
(e) size and number
				of axles of manufactured home;
(f)
				state registration number;
(g)
				number, if any, assigned for property tax purposes;
(h) date of purchase;
(i) price paid;
(j) whether the manufactured home acquired
				was new or used;
(k) whether the
				manufactured home is occupied by the owner or a tenant;
(l) if rented, the amount of the monthly
				rent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.35 - SPECIAL METHOD OF VALUATION - PIPELINES, TANKS, SALES METERS, PLANTS AND HYDRANTS USED IN THE TRANSMISSION, STORAGE, MEASUREMENT OR DISTRIBUTION OF WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
WATER SYSTEMS - DEFINITIONS:
As used in Section
				7-36-28
				NMSA 1978 and regulations thereunder:
(1)
				"Pipeline" means all pipe, appurtenances to pipe and devices attached to pipe
				used in systems for the commercial gathering, transmission or distribution of
				water, except tanks, sales meters, plants and hydrants;
(2) "Tank" means any storage tank, container
				or reservoir, other than a natural reservoir, used for the storage of
				water;
(3) "Plant" means any
				pumping station, purification facility or similar plant which is appurtenant to
				a pipeline;
(4) "Sales meter" means
				the meter, regulator and all appurtenances and devices used for measuring the
				sale of water to customers and includes the service pipe to the customer's
				property line from the point of connection or tap with the pipeline;
(5) "Hydrant" means a discharge pipe with a
				valve and a spout at which water may be withdrawn from a pipeline, but excludes
				hydrants which are not owned by a water pipeline business or public
				utility;
(6) "Material and
				supplies" means all materials, supplies and other tangible personal property
				not otherwise defined, including personal property inventories, to the extent
				they are excepted from the exemption under Section
				7-36-8
				NMSA 1978, which are on hand in New Mexico on January 1 of the tax year and
				used in the conduct of the water pipeline or public utility business for the
				purpose of transmitting, storing, measuring or distributing water for sale to
				the consuming public and owned by the water pipeline or public utility
				business; and
(7) "Property in the
				process of construction" means all property used in the conduct of the water
				pipeline or public utility business which is in the process of construction on
				January 1 of the tax year, other than "commercial water property" as defined in
				Paragraph (1) of Subsection B of Section
				7-36-28
				NMSA 1978 which includes certain property "under construction".
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.36 - SPECIAL METHOD OF VALUATION - PROPERTY USED FOR THE GENERATION, TRANSMISSION OR DISTRIBUTION OF ELECTRICAL POWER OR ENERGY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
ELECTRIC PLANT - PROPERTY TO BE
				VALUED:
(1) Property to be valued as
				property "used for the generation, transmission or distribution of electrical
				power or energy" includes property which is used in the conduct of a public
				utility business and property that is "an electricity generating plant, whether
				or not owned by a public utility, if all or part of the electricity is
				generated for ultimate sale to the consuming public".
(2) For purposes of Subsection B of Section
				7-36-29
				NMSA 1978, "other justifiable factors" for solar energy technologies includes,
				but is not limited to, the amount of:
(a)
				federal investment tax credit received by the property owner of the electric
				plant for the purchase of solar energy technologies; and
(b) federal grants awarded to a property
				owner under the 1603 Treasury Program in lieu of the federal investment tax
				credit for solar energy technologies.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.37 - SPECIAL METHOD OF VALUATION - PROPERTY THAT IS PART OF A COMMUNICATIONS SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
COMMUNICATIONS SYSTEMS - MICROWAVE TRANSMISSION:
Property that is
				used in the conduct of the communications business includes all property that
				is a part of a communications system, including, but not limited to, property
				which is used for purposes of microwave transmission or reception. It does not
				include the installation, operation or maintenance of microwave property
				incidental to the operation and conduct of radio and television broadcasting
				stations licensed by the federal communications commission, except when
				microwave transmission or reception is separately sold during the regular
				course of business, or when a two-way communication link is established and
				service provided by the link is sold to another person during the regular
				course of business, such as two-way cable television communications
				linkage.
B.
COMMUNICATIONS
				SYSTEMS - VALUATION OF PROPERTY NOT "PLANT":
If property does not fall
				within the definition of "plant", "construction work in progress" or "materials
				and supplies" as defined in Paragraphs (4), (5) and (7) of Subsection B of
				Section
				7-36-30
				NMSA 1978, then that property is valued pursuant to Section
				7-36-15
				NMSA 1978 and regulations thereunder.
C.
COMMUNICATIONS SYSTEMS -
				DEPRECIATION AND TANGIBLE PROPERTY COSTS:
(1) For purposes of calculating depreciation
				or related accumulated provision for depreciation, straight line depreciation
				over the useful life of the item of property, as defined by federal or state
				regulatory agencies having jurisdiction, is used.
(2) If property does not fall under federal
				or state regulatory agency authority, the division establishes the useful life
				of said property in accordance with its class life under Section 167 of the
				Internal Revenue Code and regulations thereunder. The tangible property costs
				of the portion of the plant comprising land shall be the total actual costs of
				acquisition of the land as of January 1 of the tax year in which the property
				is valued.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.38 - SPECIAL METHOD OF VALUATION - OPERATING RAILROAD PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
RAILROADS
				- PROPERTY TO BE VALUED AS PROPERTY USED BY A RAILROAD COMPANY IN THE OPERATION
				OF A RAILROAD:
(1) All property owned
				or leased and used by a railroad in its operation, which is subject to
				valuation for property tax purposes, is required to be valued except for
				railway cars with respect to which the railroad is remitting payments to New
				Mexico under the Railroad Car Company Tax Act. "Property" means tangible
				property, real or personal.
(2) The
				following types of property used by a railroad company in the operation of a
				railroad are to be valued:
(a) "Road
				property" means all property owned or leased and used by a railroad company in
				the operation of a railroad and which may be partially or totally carried in
				accounts for this type of property, as prescribed by the interstate commerce
				commission of the United States;
(b) "Equipment" means locomotives, cars and
				other equipment owned or leased and used by a railroad company in the operation
				of a railroad which may be partially or totally carried in accounts for this
				type of property, as prescribed by the interstate commerce commission of the
				United States;
(c) "Material and
				supplies" means all material and supplies owned or leased and used by a
				railroad company in the operation of a railroad, the costs of which may be
				partially or totally carried in accounts or an account of this type of
				property, as prescribed by the interstate commerce commission of the United
				States;
(d) "Property in the
				process of construction" means all property owned or leased and used by a
				railroad company in the operation of a railroad which is in the process of
				construction on January l of the tax year; and
(e) "Other property" which means any other
				property not otherwise defined including, but not limited to, real property and
				tangible personal property used in the conduct of the railroad
				business.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.39 - SPECIAL METHOD OF VALUATION - COMMERCIAL AIRCRAFT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
COMMERCIAL AIRCRAFT - PROPERTY
				SUBJECT TO VALUATION -DEFINITIONS:
(1)
				A "commercial airline company" as that term is used in Section 3.6.5.39 NMAC
				means an "airline" as that term is used in Paragraph (5) of Subsection B of
				Section
				7-36-2
				NMSA 1978 and defined in Section 3.6.5.39 NMAC.
(2) Property valued by the division as
				commercial aircraft used by commercial airline companies in the operation of
				their business includes only a portion of the property which is used in the
				conduct of the airline business. The types of property valued by the division
				as property used in the conduct of the airline business are listed below, with
				definitions.
(a) "Commercial aircraft" means
				any contrivance used or designed for navigation of or flight in the air,
				including but not limited to airplanes, hydroplanes, helicopters and balloons
				when this contrivance is used by an airline; however, "commercial aircraft"
				excludes parachutes and other contrivances used primarily as safety equipment.
				Commercial aircraft are valued in accordance with Section
				7-36-32
				NMSA 1978.
(b) "Equipment" means
				all personal property other than commercial aircraft and material and supplies
				used by an airline in the conduct of its airline business, which personal
				property is located in New Mexico on January 1 of the tax year. Equipment
				located in New Mexico on January 1 of the tax year is valued in accordance with
				Section
				7-36-33
				NMSA 1978.
(c) "Material and
				supplies" means all material and supplies owned or leased and used by an
				airline in the conduct of its airline business, which material and supplies are
				located in New Mexico on January 1 of the tax year. Material and supplies
				located in New Mexico on January 1 of the tax year are valued in accordance
				with Section
				7-36-33
				NMSA 1978.
(d) "Related facilities"
				means office buildings, terminals, warehouses, shops, residential housing, land
				and any other real property other than construction work in progress, which
				property is located in New Mexico on January 1 of the tax year and used by an
				airline in the conduct of its airline business. Related facilities located in
				New Mexico on January 1 of the tax year are valued in accordance with Section
				7-36-15
				NMSA 1978.
(e) "Construction work
				in progress" means related facilities located in New Mexico on January 1 of the
				tax year which are in the process of construction. These related facilities are
				valued as construction work in progress in accordance with Section
				7-36-33
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 5 - CLASSIFICATION OF PROPERTY › Section 3.6.5.41 - METHODS OF DETERMINING MARKET VALUE OF AFFORDABLE HOUSING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application for reduced valuation of
				affordable housing.
Not later than the last day of February of the tax
				year for which a reduced valuation is claimed pursuant to Section 7-36-15(B)(2)
				NMSA 1978, a property owner shall file an application with the county assessor,
				in a form prescribed by the division.
B.
Value of residential housing
				property affected by affordable housing subsidies; taxpayer required
				documents.
Except as otherwise provided by this section, an owner of
				residential property that qualifies for a reduced valuation for a tax year
				pursuant to Section 7-36-15(B)(2) NMSA 1978 shall submit to the county
				assessor, not later than the last day of February of that tax year:
(1) a copy of each document that establishes
				the type, amount and term of the affordable housing subsidy, covenant or
				encumbrance imposed pursuant to a federal, state or local affordable housing
				program; or
(2) a copy of the
				property owner's purchase agreement for the residential housing and a copy of
				the property owner's real estate closing agreement for the residential
				housing.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The sections under this part apply to all property subject to
				  property taxation under the Property Tax Code, owners and agents of owners of
				  such property and all county officials and personnel of the taxation and
				  revenue department charged with administration of the Property Tax
				  Code.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
8/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the provisions of the Property Tax
				  Code.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.10 - APPLICATION OF TAX RATIO

Current through Register Vol. 35, No. 13, July 16, 2024
The tax ratio is applied to the value of property determined
				  for property taxation purposes by dividing that value by three (3). The
				  quotient resulting from this division is the "taxable value" of the
				  property.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.11 - HEAD OF FAMILY EXEMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
CLAIMING THE EXEMPTION:
Exemptions are claimed by filing proof of eligibility for the head of family
				exemption with the county assessor.
B.
SPECIAL BENEFIT ASSESSMENTS AND
				CERTAIN TAXES - EXEMPTION INAPPLICABLE:
The head of family exemption is
				not effective against impositions or levies of taxes on specific classes of
				property outside the Property Tax Code and special benefit assessments
				authorized by laws outside the Property Tax Code, such as conservancy district
				assessments.
C.
DEPENDENTS
				NOT REQUIRED:
A claimant is not required to have dependent children or
				other dependents to be entitled to the benefits of the head-of-family
				exemption.
D.
ABSENCE FROM
				STATE:
Mere absence from state does not deprive a taxpayer who is head
				of a family of the exemption. The qualifying taxpayer may claim the head of
				family exemption as long as the taxpayer does not establish residence elsewhere
				and intends to return to New Mexico.
E.
NONRESIDENT PROPERTY OWNER:
A
				property owner who is not a resident of New Mexico is not entitled to claim
				head of family exemption on property subject to property tax within New Mexico.
				A New Mexico resident is a person who is domiciled in New Mexico with a bona
				fide intention of continuing to reside in New Mexico even though the person may
				be temporarily absent from New Mexico.
F.
MILITARY PERSON CLAIMING LEGAL
				RESIDENCE IN ANOTHER STATE:
If a military person claims legal residence
				in another state for voting and other purposes although he or she physically
				resides in this state, the person may not claim the head of family exemption
				because the claim of residence in another state indicates an intent to depart
				New Mexico.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.13 - DISABLED VETERAN EXEMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PROPERTY TAXES AUTHORIZED BY LAWS
				OUTSIDE THE PROPERTY TAX CODE AND SPECIAL BENEFIT ASSESSMENTS.
The
				disabled veteran exemption applies to property taxes imposed by laws other than
				the Property Tax Code, such as the ad valorem tax on taxable property within a
				hospital district Section
				4-48A-16
				NMSA 1978 (1987); the property tax on taxable property within a college
				district Section
				21-2A-5
				NMSA 1978 (1995); the property tax on all property subject to taxation within a
				flood control district Section
				72-18-20 NMSA
				1978 (1986); and, the general ad valorem tax on all property subject to
				taxation within a solid waste authority Section
				74-10-27
				NMSA 1978 (1993). The disabled veteran exemption is not effective against
				impositions of special benefit assessments authorized by laws outside the
				Property Tax Code, such as conservancy district assessments.
B.
RESIDENCY.
Section
				7-37-5.1
				NMSA 1978 requires that the property for which the exemption is claimed must be
				occupied by the disabled veteran (or the disabled veteran's surviving spouse)
				as his or her principal place of residence. Therefore, a person claiming the
				disabled veteran exemption must be a current New Mexico resident to qualify for
				the exemption.
C.
SURVIVING
				SPOUSE.
(1) A surviving spouse of a
				disabled veteran may apply for the exemption even if the disabled veteran did
				not apply for the exemption during his or her lifetime if the surviving spouse
				meets the requirements of Subsection C of Section
				7-37-5.1
				NMSA 1978.
(2) After the disabled
				veteran's death, his or her resident unmarried surviving spouse is entitled to
				the disabled veteran exemption if he or she continuously occupies the property,
				on which the disabled veteran exemption was claimed, as the surviving spouse's
				principal place of residence.
(3)
				If a disabled veteran's surviving spouse remarries and thereafter obtains an
				annulment of the marriage or a divorce from the subsequent spouse, he or she
				does not revert to the status of an unmarried surviving spouse entitled to
				claim the disabled veteran exemption.
(4) An unmarried surviving spouse of a
				disabled veteran who at the time of the disabled veteran's death was legally
				separated from the veteran is entitled to the disabled veteran
				exemption.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 6 - PROVISIONS FOR IMPOSITION OF TAX - APPLICABILITY › Section 3.6.6.14 - TAX RATES AUTHORIZED - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
CEDING PROHIBITED:
Ceding of
				authorized rates by one governmental unit to another is prohibited.
B.
RATES SUBJECT TO YIELD
				CONTROL:
(1) Every rate or imposition
				authorized under Paragraph (2) or (3) of Subsection C of Section
				7-37-7
				NMSA 1978 and every benefit assessment authorized by law is subject to the
				provisions of Section
				7-37-7.1
				NMSA 1978 except for:
(a) any rate,
				imposition or benefit assessment specifically exempted by law from the
				provisions of Section
				7-37-7.1
				NMSA 1978;
(b) any rate or
				imposition of an assessment for the payment of a definite amount for a specific
				benefit;
(c) any rate not imposed
				against the value of the property.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Taxation and Revenue Department, Joseph M. Montoya Building,
				  1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM
				  87504-0630
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The sections under this part apply to all property subject to
				  property taxation under the Property Tax Code, owners and agents of owners of
				  such property and all county officials and personnel of the taxation and
				  revenue department charged with administration of the Property Tax
				  Code.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
8/31/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.8 - TAXES IMPOSED UNDER THE PROPERTY TAX CODE - APPLICABILITY OF ADMINISTRATION AND ENFORCEMENT PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The taxes imposed under the Property Tax Code are those taxes imposed pursuant
				to Article 37 of Chapter 7, NMSA 1978 and do not include taxes to which the
				provisions of Article 37 do not apply.
B. The administration and enforcement
				provisions of this article apply to impositions or levies of taxes on specific
				classes of property authorized by laws outside the Property Tax Code, special
				benefit assessments authorized by laws outside the Property Tax Code and to
				laws outside the Property Tax Code authorizing the imposition of levies to pay
				tort or workers compensation judgments but only to the extent that laws outside
				the Property Tax Code so provide.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.9 - INVESTIGATIVE AUTHORITY AND POWERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
SUBPOENA POWER IN AID OF COUNTY
				ASSESSORS:
the secretary may issue subpoenas for the purposes of
				determining whether property is subject to property taxation, its value and the
				amount of any property taxes due and in enforcing any statute administered by
				the division or administered by county officers under the supervision of the
				division regardless of whether it is the division or the county assessor who is
				charged by law with the responsibility to determine the value of the property
				in question.
B.
FAILURE TO
				PERMIT EXAMINATION OF RECORDS OR INSPECTION OF PROPERTY:
Refusal by a
				property owner or the owner's authorized agent to permit lawful examinations of
				records or inspection of property pursuant to Subsection C of Section
				7-38-2
				NMSA 1978 may result in the issuance of subpoenas to require the production of
				records and to require persons to appear and testify under oath pursuant to
				Subsection A of Section
				7-38-2
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.10 - INFORMATION REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PROPERTY OWNER OR OWNER'S AUTHORIZED AGENT TO REPORT INFORMATION
				CONCERNING THE PROPERTY TO THE DIVISION OR THE COUNTY ASSESSOR:
Upon the
				request of the department or the county assessor for establishing the value of
				property for property taxation purposes, any property owner or the owner's
				authorized representative shall report information concerning the property to
				the division or the county assessor at the times and in the manner requested.
				Refusal by a property owner or the owner's authorized agent to respond
				adequately to such a request for information may result in the issuance of
				subpoenas to require the production of records and to require persons to appear
				and testify under oath pursuant to Subsection A of Section
				7-38-2
				NMSA 1978. The reports required pursuant to this subsection shall be in
				addition to any reports otherwise required pursuant to the Property Tax
				Code.
B.
INFORMATION REPORTS
				FROM LESSORS:
For the purposes of establishing or determining the value
				of property for property taxation purposes, the department may require in-state
				or out-of-state lessors of tangible personal property located in New Mexico to
				provide information reports to the division and to the county assessor of the
				county in which the property is located. Refusal to submit these reports may
				result in initiation of enforcement actions authorized under the Property Tax
				Code.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.11 - CONFIDENTIALITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
INSPECTION OF PUBLIC RECORDS
				LAW:
The provisions of Section
				7-38-4
				NMSA 1978 constitute an exception to Section
				14-2-1
				NMSA 1978 which provides for the inspection of public records.
B.
REQUESTS FOR INFORMATION:
All
				requests for information, including requests for information to be used for
				statistical purposes, which may lawfully be released by the department must
				conform to the requirements of the Inspection of Public Records Act. Requests
				must be sufficiently specific to identify the property or properties to which
				the request relates.
C.
INFORMATION WHICH MAY BE RELEASED BY THE DEPARTMENT:
Pursuant to a
				request in compliance with Subsection B of 3.6.7.11 NMAC, any information
				associated with the property required by law to be contained in the valuation
				records may be released, except as provided otherwise by Subsection E of
				Section
				7-38-19 NMSA
				1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.13 - EFFECT OF THE PRESUMPTION OF CORRECTNESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To overcome the presumption of correctness
				provided in Section
				7-38-6
				NMSA 1978, the taxpayer has the burden of coming forward with evidence showing
				that values for property taxation purposes determined by the division or the
				county assessor or determination of tax rates, classifications, allocations of
				net taxable values of property to governmental units and the computation and
				determination of property taxes made by the officer or agency responsible
				therefor under the Property Tax Code are incorrect. Failure to present evidence
				tending to dispute the factual correctness of the above determinations in any
				hearing pursuant to the provisions of the Property Tax Code may result in a
				denial of relief sought by a taxpayer.
B. Where the only evidence presented by the
				taxpayer is the purchase price of the property which is the subject of the
				dispute over value for tax purposes and the evidence of comparable sales
				indicates the sales price was not the market value, the presumption of
				correctness of the determination of the division or the county assessor is not
				overcome.
C. Once the presumption
				of correctness is overcome, the burden of showing a correct valuation shifts to
				the division or to the county assessor.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.14 - VALUATION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
TAXABLE STATUS OF PROPERTY FIXED AS OF JANUARY 1 OF EACH YEAR:
January 1 of each year is the date which determines the tax status of all
				property subject to valuation for property taxation purposes, except livestock
				valued as of the date and in the manner prescribed under Section
				7-36-21
				NMSA 1978. This status includes determination of whether the property is exempt
				from property taxation. Therefore, if property is not entitled to exemption
				from property taxation under the Property Tax Code on January 1 of the tax
				year, it is not exempted from taxation for that tax year. The sale or transfer
				of the property to a tax exempt owner at a later date during the tax year does
				not entitle the property to exemption for that tax year.
B.
PROPERTY DESTROYED OR IMPROVED
				DURING THE YEAR:
If property is destroyed or improved during the year,
				any resulting increase or decrease in valuation will not be reflected until
				January 1 of the following year, and no correction, reassessment, or proration
				of taxes is authorized because of such increase or decrease in
				valuation.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.15 - REPORTING OF PROPERTY FOR VALUATION - PENALTIES FOR FAILURE TO REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
ANNUAL
				REPORT TO THE DIVISION - FORM AND REQUIRED INFORMATION:
(1) The report required by Subsection A of
				Section
				7-38-8
				NMSA 1978 shall be made by the owner of the property or any other person who
				has written authorization from the owner to make the report on behalf of the
				owner.
(2) In the case of mineral
				property valued pursuant to Sections
				7-36-23
				through
				7-36-25
				NMSA 1978, the operator of the mineral property may be required to report the
				property rather than the owner of the property.
(3) The report shall be made on a form or
				forms approved by the division and shall contain all information required by
				the division to determine:
(a) the value of
				the property pursuant to the Property Tax Code and these regulations;
(b) the identification of the property;
				and
(c) the owner or person in
				possession of the property.
(4) The form may require the attachment of
				copies of reports made to other agencies or departments of the state of New
				Mexico or agencies or departments of the United States.
(5) Additionally, all railroad companies
				shall submit, on a yearly basis, a report of operations for the preceding year
				containing the following information:
(a)
				copies of all New Mexico right-of-way maps;
(b) complete legal description of all land
				parcels which are located in New Mexico, along with plats, if available;
				and
(c) a statement setting forth,
				by individual counties, the total acreage of New Mexico real property and right
				of way.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.16 - PROPERTY OWNED BY NONGOVERNMENTAL ENTITIES - PRESUMPTION OF TAXABILITY - CLAIMING OF EXEMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Real property owned by a nongovernmental entity is presumed to be subject to
				taxation under the provisions of the Property Tax Code unless an exemption has
				been claimed and allowed in accordance with this section with respect to the
				property.
B. For the purposes of
				this section:
(1) "exemption" means an
				exemption, other than the head-of-family and veteran exemptions authorized
				under Sections
				7-37-4
				and
				7-37-5 NMSA
				1978, from property taxation authorized by the New Mexico Constitution, the
				Property Tax Code or other law; and
(2) "nongovernmental entity" means a property
				owner who is not the United States, an Indian nation, tribe or pueblo, the
				state of New Mexico or a political subdivision of the state of New Mexico or a
				department, agency or instrumentality of the United States, an Indian nation,
				tribe or pueblo, the state of New Mexico or a political subdivision of the
				state of New Mexico.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.18 - INSTALLATION OF REQUIRED SYSTEM BY DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Tax maps are maps showing the location, shape and size of
				  each parcel of property that the county assessor must value. An identification
				  number is usually applied to each parcel of property to correlate the numbered
				  parcels with the ownership list. Because tax maps are essential to the
				  appraisal process, the department may take whatever action is necessary,
				  including having the maps prepared and installed in a county and billing the
				  county for the costs of preparing and installing, to ensure that every county
				  has adequate tax maps.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.21 - STATEMENT OF DECREASE IN VALUE

Current through Register Vol. 35, No. 13, July 16, 2024
The statement of decrease in value provided for in Section
				  7-38-13
				  NMSA 1978 must be on a standard preprinted form, prepared and paid for by the
				  county assessor and in form and content prescribed by the director. The
				  standard, preprinted form shall be mailed to each person to whom the notice of
				  value is mailed pursuant to Subsection A of Section
				  7-38-20
				  NMSA 1978 at the time of the mailing of the notice of value. Any form other
				  than the standard form prescribed by the director and any method of making the
				  form available to property owners other than the method directed by this
				  section must be approved in writing by the director prior to such use. A
				  request must be in writing and include the reason for the proposed
				  use.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.24 - PROPERTY ACQUIRED BY THE STATE BY OUTRIGHT PURCHASE OR TRADE

Current through Register Vol. 35, No. 13, July 16, 2024
The property of the state is exempt from taxation by Section
				  3 of Article VIII, New Mexico Constitution. If property is acquired by the
				  state by outright purchase or trade, where such property was, prior to such
				  transfer, subject to the lien of any tax or assessment for the principal or
				  interest of any bonded indebtedness, the property is not exempt from the lien
				  nor from the payment of the taxes or assessments.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.27 - PUBLICATION OF NOTICE RELATING TO REPORTING PROPERTY FOR VALUATION AND CLAIMING EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
UNIFORM FORM OF NOTICE:
The uniform form of notice required by
				Section
				7-38-18
				NMSA 1978 which is to be used by county assessors shall be provided annually by
				the division.
B.
REPORTING
				FORMS:
The county assessor is required to have available for use of the
				public preprinted forms for making the reports and applications for claim of
				exemption prescribed in the uniform notice required by Section
				7-38-18
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.28 - VETERANS EXEMPTION FROM REGISTRATION FEE FOR A MOTOR VEHICLE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  66-6-7 NMSA
				  1978 county assessors, upon receipt of information certified by the director of
				  the motor vehicle division of the taxation and revenue department, are required
				  to note on their valuation records the reduction of a veteran's exemption
				  resulting from the allowance of a reduction from motor vehicle registration
				  fees due to a claim of the exemption on those fees. If the veteran is not the
				  owner of property subject to property tax, the notation is not required to be
				  made.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.29 - FORM OF NOTICE OF VALUE

Current through Register Vol. 35, No. 13, July 16, 2024
The notice of valuation required to be mailed by county
				  assessors must be on a standard preprinted form, prepared and paid for by the
				  county assessor and in form and content prescribed by the director. Any form
				  other than the standard form prescribed by the director must be approved in
				  writing by the director prior to such use. A request must be in writing and
				  include the reason for the proposed use.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.30 - TIME OF ELECTION OF REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
The election provided for in Section
				  7-38-21
				  NMSA 1978 is made when the taxpayer files a petition of protest or claim for
				  refund. The taxpayer may not withdraw the protest, then pay the assessment and
				  claim a refund.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.31 - PROTESTING VALUES, CLASSIFICATION, ALLOCATION OF VALUES AND DENIAL OF EXEMPTIONS DETERMINED BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
FORM OF PETITION AND INFORMAL
				CONFERENCES:
The form of petition for protesting values and other
				determinations, with modification to reference the department, and information
				concerning informal conferences found in Section 3.6.7.33 NMAC, are applicable
				with respect to protests to the department.
B.
POSTMARK DATE IS TIME OF FILING OF
				PROTEST:
In determining the time at which a petition of protest mailed
				through the United States postal service is "filed with the department", the
				postmark date shown on the envelope containing the petition shall constitute
				the date of filing. If the postmark is illegible, the date of mailing shall be
				presumed to be the date two business days prior to the date the petition is
				received by the department. The presumption may be rebutted by a preponderance
				of evidence showing another date of mailing.
C.
HEARING OFFICER CONDUCTS
				HEARING:
The hearing provided for in Subsection C of Section
				7-38-22
				NMSA 1978 will be held before a hearing officer designated by the secretary
				designated for that purpose in accordance with Subsection A of Section
				7-38-23
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.32 - PROTEST HEARINGS - VALUATION DETERMINED BY DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PROTEST HEARINGS - TAPE
				RECORDING:
The requirement that a verbatim record be made of protest
				hearings before the secretary or a hearing officer designated by the secretary
				is met by recording the hearing with a tape or other recording device. This
				verbatim record shall be retained by the department until ninety (90) days
				after the decision and order is made.
B.
PROTEST HEARINGS - WITHDRAWAL OF
				PROTEST - FAILURE TO APPEAR:
If, at an informal conference pursuant to
				Subsection D of Section
				7-38-22
				NMSA 1978, or at any stage prior to final action by the secretary, a pending
				protest is fully resolved with no change resulting in the taxpayer's notice of
				valuation, the protesting taxpayer or the taxpayer's authorized representative
				must sign a written document, which may be provided by the department, stating
				that the taxpayer withdraws the protest and the hearing officer designated by
				the secretary shall vacate the hearing. Failure to sign a written document
				withdrawing a protest may result in a hearing of the protest. In the absence of
				a written withdrawal of protest and in the event that a taxpayer fails to
				appear at a scheduled hearing, the hearing officer may decide the protest
				against the taxpayer on the basis of the presumption under Section
				7-38-6
				NMSA 1978.
C.
PROTEST
				HEARINGS - PROCEDURES:
The procedures for hearings before the county
				valuation protests boards found in Section
				7-38-27
				NMSA 1978 and Section 3.6.7.36 NMAC are to be followed in protest hearings
				before the hearing officer designated by the secretary.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.34 - COUNTY VALUATION PROTESTS BOARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
BUDGET ITEM FOR EXPENSES INCURRED IN
				CONNECTION WITH PROTEST HEARINGS:
The department prepares and submits to
				the legislature, as part of its annual budget, a budget item for the
				reimbursement of board members, and all other actual and direct expenses
				incurred in connection with protest hearings. The department may require county
				assessors to provide information concerning their estimates of the number of
				protests in their counties and other information which will aid the department
				in preparing this budget item.
B.
LEGAL FEES NOT AUTOMATICALLY INCLUDED IN "ALL OTHER ACTUAL AND DIRECT
				EXPENSES INCURRED IN CONNECTION WITH PROTEST HEARINGS":
The phrase "all
				other actual and direct expenses incurred in connection with protest hearings"
				does not include any expenses for lawyers hired by the board or by board
				members, unless such expenses have been approved in writing by the director
				prior to their having been incurred.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.36 - PROTEST HEARINGS - VALUATION DETERMINED BY COUNTY ASSESSOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PROTEST
				HEARINGS - WITHDRAWAL OF PROTEST - FAILURE TO APPEAR:
If, at an informal
				conference pursuant to Subsection D of Section
				7-38-24
				NMSA 1978 or at any other stage prior to final action by the board, a pending
				protest is fully resolved with no change resulting the taxpayer's notice of
				valuation, the protesting taxpayer or the taxpayer's authorized representative
				must sign a written document, which may be provided by the assessor, stating
				that the taxpayer withdraws the protest. The county assessor is to notify the
				county valuation protests board immediately so that the board may vacate the
				hearing. Failure to sign the written document withdrawing a protest may result
				in a hearing of the protest by the board. In the absence of a written
				withdrawal of protest and in the event that a taxpayer fails to appear at a
				scheduled hearing before the board, the board may decide the protest against
				the taxpayer on the basis of the presumption under Section
				7-38-6
				NMSA 1978.
B.
PROTEST
				HEARINGS - DISCOVERY - CONSEQUENCES OF FAILURE TO ALLOW DISCOVERY:
(1) The protestant has the right to discover
				relevant and material evidence in the possession of the assessor prior to the
				protest hearing. If the assessor refuses to permit discovery, the county
				valuation protests board, for the purpose of resolving issues and disposing of
				the proceeding without undue delay despite the refusal, may take such action in
				regard to the refusal as is just, including but not limited to, the following:
(a) infer that the admission, testimony,
				documents or other evidence sought by discovery would have been adverse to the
				position of the county assessor;
(b) rule that, for the purposes of the
				proceeding, the matter or matters concerning which the evidence was sought be
				taken as established against the position of the county assessor;
(c) rule that the county assessor may not
				introduce into evidence or otherwise rely, in support of any claim or defense,
				upon testimony by such party, officer or agent or upon the documents or other
				evidence discovery of which has been denied; or
(d) rule that the county assessor may not be
				heard to object to introduction and use of secondary evidence to show what the
				withheld admission, testimony, documents or other evidence would have
				shown.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.37 - APPEAL OF COUNTY VALUATION PROTESTS BOARD DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A protestant who wishes to file an appeal of a decision of
				  the county valuation protests board must do so within the time prescribed by
				  Section
				  39-3-1.1
				  NMSA 1978 by filing a notice of appeal with the district court for the county
				  in which the hearing was held, pursuant to Sections
				  7-38-28
				  and
				  39-3-1.1
				  NMSA 1978 and Rule 1-074 NMRA 1999. The county assessor will be named as
				  appellee.