reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.44 - PREPARATION OF PROPERTY TAX SCHEDULE BY ASSESSOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
REQUIRED FORM AND INFORMATION AS TO
				PROPERTY TAX SCHEDULE:
The tax schedule must be on a standard preprinted
				form, prepared and paid for by the county assessor and must be in a form
				prescribed by the director. Information required to be contained in the
				schedule is limited to the information required by the prescribed form. Any
				form other than the standard form prescribed by the director may be used only
				after submitting the proposed form in writing to the director and receiving
				written approval from the director for the use of the proposed form.
B.
ABSTRACT OF INFORMATION CONTAINED IN
				THE PROPERTY TAX SCHEDULE:
(1) On or
				before October 1 of each year, the county assessor shall prepare and submit to
				the department and to the county treasurer an abstract of the information
				contained in the property tax schedules as to the property in the county
				subject to property taxation under the Property Tax Code, including property
				valued by the department. The abstract shall include information showing for
				each county the valuation of the different kinds of property, taxable values of
				property, exemptions allowed against the taxable values and net taxable values
				of property.
(2) Specific
				information as to the breakdown of kinds of property to be listed and exemption
				information required shall be provided by instruction and directive of the
				director, pursuant to Section
				9-11-6.2
				NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.46 - CONTENTS OF PROPERTY TAX BILL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
REQUIRED FORM AND INFORMATION AS TO
				PROPERTY TAX BILL:
The tax bill must on a standard preprinted form,
				prepared and paid for by the county treasurer and in form and content
				prescribed by the director. Any form other than the standard form prescribed by
				the director will be used only after submitting the form in writing to the
				director and receiving written approval from the director for the use of such
				form and method.
B.
NOTICE OF
				SECOND HALF INSTALLMENT:
Treasurers may send a reminder notice with
				respect to the second installment of tax but they are not required to do so. If
				such a reminder notice is sent, it shall not be labeled or indicated as a "tax
				bill".
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.49 - CLAIMS FOR REFUND - CIVIL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PROTEST IS WAIVER OF RIGHT TO CLAIM
				FOR REFUND:
The initiation of a protest under Section
				7-38-22
				or
				7-38-24
				NMSA 1978 constitutes an unconditional and irrevocable waiver of the right to
				claim for refund under Section
				7-38-40
				NMSA 1978.
B.
COUNTY
				TREASURER OR ASSESSOR REQUIRED TO FORWARD TO DEPARTMENT COPIES OF CLAIM FOR
				REFUND PETITIONS OR COMPLAINTS SERVED ON THEM:
When a claim for refund
				petition or complaint is served on either a county assessor or county
				treasurer, the county assessor or county treasurer is required to immediately
				forward a copy of that petition or complaint to the director.
C.
PAYMENT OF TAX REQURIED.
Payment of the tax due is required to initiate a claim for refund. Because the
				property owner may elect to pay the tax in installments, payment of all
				installments due by the time the claim for refund is filed is sufficient to
				permit the property owner to submit a claim for refund. To preserve the claim
				for refund with respect to any installments due after the claim for refund was
				submitted but before a decision is rendered, payment of the installment must be
				made. The county treasurer must place in the "property tax suspense fund" the
				portion of any property taxes paid to the county treasurer but not admitted to
				be due and subject to a claim for refund. If the claim for refund does not
				admit that any portion of an installment of tax due in the future is due, then
				the portion of the installment, when paid, must be placed in the "property tax
				suspense fund".
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.53 - PERSONAL PROPERTY - JEOPARDY ASSESSMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
JEOPARDY ASSESSMENT:
Section
				7-38-44
				NMSA 1978 authorizes the secretary or the county assessor to issue a notice of
				valuation and a property tax bill simultaneously and immediately proceed to
				collect, by means of demand warrant pursuant to Section
				7-38-54
				NMSA 1978 the tax due at any time that the valuation authority has reasonable
				cause to believe that personal property subject to valuation by the valuation
				authority for property taxation purposes in a tax year will be removed from the
				state before the taxes for that year are due and that the removal of the
				property will jeopardize collection of the tax. Personal property seized
				pursuant to demand warrant cannot be sold until after the notice requirements
				of Section
				7-38-57
				NMSA 1978 are fulfilled.
B.
VALUATION DATE FOR JEOPARDY ASSESSMENT PURPOSES:
Section
				7-38-7 NMSA 1978
				fixes January 1 of each year as the date which determines the condition or
				status of the taxability of all property subject to valuation for property
				taxation purposes, except livestock which is to be valued as of the date and in
				the manner prescribed under Section
				7-36-21
				NMSA 1978. Therefore, no jeopardy assessment shall issue against property not
				in the state on January 1 of the tax year, except as to livestock.
C.
CONTESTING A NOTICE OF VALUATION
				ISSUED PURSUANT TO A JEOPARDY ASSESSMENT:
In order to contest the value
				determined for the property pursuant to Section
				7-38-44
				NMSA 1978, a property owner must pay the tax in the amount shown on the tax
				bill and file a claim for refund pursuant to Section
				7-38-40
				NMSA 1978. Petitions of protest to a notice of valuation pursuant to Section
				7-38-44
				NMSA 1978 do not stay the delivery of the property tax bill or proceedings to
				collect the tax by demand warrant. Therefore, claim for refund is the only
				appropriate remedy to contest the value determined pursuant to that
				section.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.55 - PROTEST HEARING - FAILURE TO APPEAR

Current through Register Vol. 35, No. 13, July 16, 2024
If a property owner makes a timely protest but fails without
				  reasonable justification to appear at the hearing, an order will be entered
				  denying the protest, because no evidence has been presented, and declaring
				  that, pursuant to statute, the property taxes involved are
				  delinquent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.59 - DELINQUENT TAXES - CIVIL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PENALTY IS IN ADDITION TO INTEREST
				BUT NOT COMPUTED ON INTEREST:
The penalty provided for in Section
				7-38-50
				NMSA 1978 is in addition to any interest imposed pursuant to Section
				7-38-49
				NMSA 1978. The penalty is not computed on the interest accrued.
B.
MINIMUM PENALTY APPLICABLE TO EACH
				INSTALLMENT OF TAXES AND EACH PROPERTY TAX BILL:
The minimum penalty
				provided for in Section
				7-38-50
				NMSA 1978 is applicable to each of the equal installments of property taxes
				payable to the county treasurer pursuant to Section
				7-38-38
				NMSA 1978 in the event that each of the equal installments becomes delinquent.
				The minimum penalty is applicable to each property tax bill mailed by the
				county treasurer pursuant to Section
				7-38-35
				NMSA 1978. In the event that more than one bill is mailed to a single taxpayer
				and the property taxes set forth in those bills become delinquent, the minimum
				penalty applies to each bill which becomes delinquent.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.61 - DELINQUENT TAXES - MANUFACTURED HOMES - NOTICE TO MOTOR VEHICLE DIVISION - NOTICE CONSTITUTES LIEN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
LIEN UPON MANUFACTURED HOMES -
				REQUIRED INFORMATION:
In order to establish a security interest in and a
				lien upon the manufactured home, the copy of the notice of property tax
				delinquency must include both the location of the manufactured home and the
				complete vehicle identification number of the manufactured home. Notices of
				property tax delinquency on manufactured homes which do not contain the
				complete vehicle identification number do not contain sufficient information to
				establish whether or not a manufactured home is registered with the motor
				vehicle division. Therefore such notices will not be filed and will not
				constitute a security interest in and a lien upon the vehicle.
B.
TITLE TRANSFERS PRIOR TO
				DELINQUENCY:
The receipt and filing by the motor vehicle division of the
				taxation and revenue department of a copy of the delinquency notice of unpaid
				taxes on a manufactured home constitutes a security interest in and a lien on
				the manufactured home in accordance with Section
				66-3-204
				NMSA 1978. The lien is a charge upon the manufactured home for the payment of
				the unpaid taxes, penalty and interest on the manufactured home,
				notwithstanding that the manufactured home changed ownership prior to the date
				of the delinquency.
C.
EFFECT
				OF LIEN:
Pursuant to Section
				66-3-204
				NMSA 1978, from the date and time of receipt of the delinquency notice by the
				motor vehicle division of the taxation and revenue department, the unpaid
				taxes, penalty and interest certified by the county treasurer constitute a lien
				on and a security interest in the manufactured home on behalf of the state
				until paid. The lien is valid against holders of prior perfected security
				interests, attaching creditors and subsequent transferees, and when filed in
				accordance with Section
				66-3-204
				NMSA 1978 constitutes constructive notice of the lien claimed.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.68 - CERTIFICATE OF SALE

Current through Register Vol. 35, No. 13, July 16, 2024
The certificate of sale shall be in substantially the
				  following form:
CERTIFICATE OF SALE
This certificate of sale is issued pursuant to Section
				  7-38-59
				  NMSA 1978 and has the effect of a certificate of sale provided in that section.
				  This certificate of sale is prima facie evidence of the county treasurer's
				  right to make this sale and conclusive evidence of the regularity of all
				  proceedings relating to this sale.
Under the authority of Section
				  7-38-58
				  NMSA 1978, the property described herein was sold at public auction on
				  _________________________ at _______________________, New Mexico.
For consideration received in the sum of $______________, all
				  interests of the delinquent taxpayer, ___________________________, in the
				  property described herein are hereby transferred to the purchaser,
				  ______________________________, who takes the personal property free of any
				  unrecorded or unfiled interest unknown to the purchaser at the time of
				  sale.
Description of
				  property____________________________________.
Done by me this______day of___________, 19___,
				  at____________, New Mexico.
_________________________________
County treasurer of _________________________________
				  County
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.70 - PROPERTY TAXES DELINQUENT FOR MORE THAN TWO YEARS - TREASURER TO PREPARE DELINQUENCY LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
INFORMATION TO BE CONTAINED IN THE TAX DELINQUENCY LIST:
(1) The tax delinquency list for real
				property shall contain the following information:
(a) The name and address of the real property
				owner and any other person to whom the tax bill was sent;
(b) A description of the property upon which
				the taxes are due and the property code number;
(c) A statement of the amount of property
				taxes due and the date they became delinquent; and
(d) The county name, municipality, town or
				village, and school district number where the real property is
				located.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.71 - COUNTY TREASURERS ARE AUTHORIZED TO ACT AS AGENT FOR THE DEPARTMENT IN ACCEPTING PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				County treasurers are authorized by the department to act as the department's
				agent in accepting payments of taxes, penalties, interest and costs due on
				property shown on the tax delinquency list prepared in accordance with Section
				7-38-61
				NMSA 1978 after its receipt by the division, unless this agency relationship is
				revoked by order of the director.
B. County treasurers are required to notify
				the department by the 15th day of the month following the month in which
				payment is accepted of the amount paid and other information necessary for the
				department to correct the tax delinquency list.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.77 - INSTALLMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
CIRCUMSTANCES JUSTIFYING AN INSTALLMENT AGREEMENT:
Installment
				agreements shall not be entered into if the taxpayer can obtain funds from any
				source to pay the liability, unless approval in writing by the director is
				obtained and such approval is supported by a written statement of circumstances
				justifying the installment agreement. To obtain an installment agreement, a
				taxpayer is required to provide a balance sheet and income statement on forms
				furnished by the division. Statements submitted by a licensed accountant
				containing the same information may be accepted in lieu of the division forms.
				Any such forms or statements must, unless waived in writing by the director,
				contain the following statement signed by the taxpayer or the taxpayer's agent:
				"Taxpayer is unable to obtain funds from any source with which to pay currently
				all the delinquent taxes proposed to be covered by the installment agreement.
				Under the penalties of perjury, I swear or affirm that the information
				contained herein and in the attached statement is true and correct as to every
				material matter."
B.
MINIMUM
				DOWN PAYMENT FOR INSTALLMENT AGREEMENTS:
No installment agreement
				proposal shall be entered into for the division that involves a down payment of
				less than twenty (20) percent of all delinquent property taxes, penalties,
				interest and costs due, unless approval in writing by the director is obtained
				and such approval is supported by a written statement of the circumstances
				justifying a lesser down payment.
C.
TERMS OF INSTALLMENT
				AGREEMENTS:
Although an installment agreement may extend for a period of
				thirty-six (36) months, each installment agreement will cover the minimum
				period in which a taxpayer may reasonably liquidate the liability and shall
				provide for payment in equal monthly installments, unless approval in writing
				by the director is obtained and such approval is supported by a written
				statement of the circumstances justifying payment in other than equal monthly
				installments.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.80 - DISTRIBUTION OF AMOUNTS RECEIVED FROM SALE OF PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
EXPENSES OF SEIZURE AND SALE ARE IN
				ADDITION TO "COSTS":
(1) The expenses
				of seizure and sale referred to in Section
				7-38-67
				NMSA 1978 are in addition to the "costs" referred to in Section
				7-38-62
				NMSA 1978 and may exceed those costs. Generally, the expenses of seizure and
				sale refer to the out-of-pocket expenses incurred by the department in seizing
				and selling a property. Costs are the internal expenses, such as employee wages
				and benefits, supplies and travel, of the department in carrying out its duties
				to enforce the property tax through sale of property.
(2) The amount of "costs", however, are a
				part of the "expenses of seizure and sale" as that phrase is used in Section
				7-38-71
				NMSA 1978 and shall be distributed accordingly.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.83 - "OFFICERS OR EMPLOYEES OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS ENGAGED IN THE ADMINISTRATION OF THE PROPERTY TAX" DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
The phrase "officers or employees of the state or any of its
				  political subdivisions engaged in the administration of the property tax"
				  includes, but is not limited to, members of county valuation protests boards,
				  county commissioners, county assessors and their employees, county treasurers
				  and their employees, the secretary, deputy secretary and assistant secretary of
				  the taxation and revenue department, any member of the secretary's staff; and
				  the director and employees of the division. The phrase does not include state
				  legislators because they are not "engaged in the administration of the property
				  tax" unless they are employed in another governmental
				  capacity.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.85 - PROPERTY SUBJECT TO TAXATION BUT OMITTED FROM PROPERTY TAX SCHEDULES IN PRIOR YEARS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
VALUATION OF OMITTED PROPERTY:
Omitted property shall be valued,
				on its discovery, at its value on January 1 of each tax year or years for which
				it was omitted from property tax schedules.
B.
OWNERSHIP OF OMITTED
				PROPERTY:
Omitted property, real or personal, shall be valued, listed
				and the taxes on it collected pursuant to Section
				7-38-76
				NMSA 1978, regardless of whether or not it is owned or possessed by the same
				person as was the owner or person in possession thereof at the time of the
				omission.
C.
OMITTED PROPERTY
				- STATUTE OF LIMITATIONS:
Subsection B of Section
				7-38-81
				NMSA 1978 provides: "property that has not been included on a property tax
				schedule may not be subjected to the imposition of property taxes for more than
				ten (10) tax years immediately preceding the date of its entry on the property
				tax schedule". This applies to all property subject to the property tax,
				meaning all tangible property, real or personal.
D.
OMITTED PROPERTY - PENALTY AND
				INTEREST:
Omitted property is subject to penalty and interest pursuant
				to Sections
				7-38-49
				and
				7-38-50
				NMSA 1978 only from thirty (30) days after the date the property tax bill on
				the omitted property is mailed because that is the date all taxes for prior
				years on omitted property are due.
E.
OMITTED PROPERTY - PENALTY:
Omitted property shall be treated like property the owner of which has failed
				to make a required report thereof. The person who did not make the report shall
				be subject to the applicable penalty.
F.
OMITTED PROPERTY - PROCEDURE AFTER
				VALUATION AND LISTING:
If property was omitted from property tax
				schedules for a prior tax year, then the tax rate for the prior year in the
				governmental unit where the property was located shall be applied. Property tax
				bills shall be prepared and mailed by the county treasurers within thirty (30)
				days of the date the property is listed on the property tax schedule, and all
				taxes for prior years on omitted property shall be due the date the property
				tax bill is mailed.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.86 - EXEMPTION RESULTING FROM CORRECTION OF OBVIOUS CLERICAL ERROR

Current through Register Vol. 35, No. 13, July 16, 2024
If the correction by the county treasurer of name of the
				  property owner or description of the property results in the property being
				  exempt for a particular tax year or years by reason of provision of the New
				  Mexico Constitution as implemented by a provision of the Property Tax Code, the
				  treasurer may refund pursuant to Section
				  7-38-80
				  NMSA 1978 to the exempt entity that has paid property taxes.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.87 - COUNTY TREASURER REQUIRED TO FORWARD COPIES OF PETITIONS FOR CORRECTION OF ERRORS SERVED ON THEM TO THE DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
When a petition for correction is served on a county
				  treasurer, the county treasurer is required to immediately forward a copy of
				  that petition to the division.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 7 - ADMINISTRATIVE PROVISIONS › Section 3.6.7.88 - ORDER BY THE DEPARTMENT - PROTEST REMEDY

Current through Register Vol. 35, No. 13, July 16, 2024
If the department enters an order changing the property tax
				  schedule pursuant to Subsection A of Section
				  7-38-79
				  NMSA 1978, the property owner may protest only pursuant to the claim for refund
				  procedures provided in Sections
				  7-38-39
				  and
				  7-38-40
				  NMSA 1978.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The local government division of the department of finance
				  and administration promulgates the procedures for county treasurers, pursuant
				  to the authority of NMSA 1978 Sections
				  6-6-2,
				  6-6-3,
				  7-35-6,
				  7-35-7
				  through
				  7-37-8,
				  7-38-32
				  through
				  7-38-38.1,
				  7-38-41
				  through
				  7-38-43,
				  7-38-63,
				  7-38-65
				  through
				  7-38-69,
				  7-38-71,
				  7-38-73,
				  7-38-76
				  through
				  7-38-77.1
				  and
				  7-38-80.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 1998, unless a different date is cited at the end of
				  a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Different dates are now cited only at the end of sections,
					 in the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Title 3, Chapter 6, Part 50 NMAC is to
				  establish uniform procedures by which county treasurers implement portions of
				  the Property Tax Code and prepare financial reports. The rule also provides
				  procedures for suspension of a county treasurer by the department of finance
				  and administration.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Assessor" means
				a county assessor as defined by Sections
				4-39-1 through
				4-39-7 [repealed] NMSA
				1978, as amended.
B. "Board of
				finance" means a county board of finance.
C. "Delinquent" refers to any payment of
				taxes that is not paid within thirty days of the date on which they were
				due.
D. "Department" means the
				department of finance and administration.
E. "Forfeiture" funds means cash or property
				that is subject to forfeiture and is under the Controlled Substances Act,
				Sections
				30-31-34
				through Section
				30-31-35
				NMSA 1978.
F. "Local government"
				means a local public body as defined in Section
				6-6-1 NMSA
				1978.
G. "Local government
				division" means the local government division of the department of finance and
				administration.
H. "Property tax
				division" means the property tax division of the taxation and revenue
				department.
I. "Refund" is that
				portion of property taxes in controversy found to be in excess of the amount
				legally due.
J. "Secretary" means
				the cabinet secretary of the department of finance and
				administration.
K. "State
				delinquency list" means the tax delinquency list collected by the property tax
				division as defined in Section
				7-38-62
				NMSA 1978.
L. "Taxes on omitted
				property" refers to taxes on property subject to property taxation but was
				omitted from property tax schedules and for which taxes have not been paid but
				would be due, except for the omission.
M. "Treasurer" means a county treasurer as
				defined by Sections
				4-43-1 [repealed]
				through
				4-43-4
				NMSA 1978, as amended.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.8 - TREASURER'S DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Section
				4-43-2 NMSA 1978 requires
				the treasurer to keep account of all moneys received and disbursed in the
				county; keep regular accounts of all warrants drawn on the treasurer and paid;
				and keep the books, papers and moneys pertaining to his office ready for
				inspection by the county commissioners at all times. All moneys under the
				treasurer's control include, but are not limited to: property taxes; property
				tax penalties and interest; state shared taxes; gross receipts taxes; lodgers'
				taxes; franchise taxes; licenses and permits; charges for services; fines and
				forfeits, including forfeiture funds; miscellaneous revenues; other revenues
				including contributions, donations, investment income, refunds, rents,
				royalties, insurance recoveries and inter-governmental grants.
B. Section
				6-10-8
				NMSA 1978 states the treasurer of each county in the state shall have
				supervision of the deposit and safekeeping of public money in the
				county.
C. The treasurer determines
				how to deposit and invest county funds. That decision must then be approved by
				the board of county commissioners, sitting as the board of finance.
D. The board of finance must adopt an
				investment policy and permit the treasurer to make investment decisions that
				conform to the policy.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.9 - FINANCIAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Subsection F of Section
				6-6-2
				NMSA 1978 requires periodic financial reports of all local public bodies.
				Section
				6-6-3
				NMSA 1978 requires that every local public body shall make all reports as may
				be required by the local government division.
B. Every county shall file a financial report
				on a quarterly basis with the local government division. The first quarter is
				from July 1st to September 30th; the second quarter is from October 1st to
				December 31st; the third quarter is from January 1st to March 31st and the
				fourth quarter is from April 1st to June 30th. The reports are due at the local
				government division no later than thirty days following the end of the
				quarter.
C. The local government
				division may grant a county's written request, if warranted, an extension for
				filing the quarterly financial report.
D. Monthly financial reports shall be
				submitted to the county commission and may be requested by the local government
				division.
E. Quarterly financial
				reports shall be submitted on the prescribed local government division format,
				unless the local government division approves submission of similar data hand
				written, typed or using the county's current software program.
F. The treasurer's office should work
				cooperatively with the county managers office or county finance department to
				ensure that reports are submitted accurately and timely. The reports must
				include the signatures and titles of the individuals who prepared the
				reports.
G. Instructions and sample
				reporting formats of the quarterly financial reports are available in the local
				government divisions budgeting and financial accounting manual for local
				governments.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.10 - SUSPENSION OF COUNTY TREASURERS' FUNCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary shall follow the procedures
				set forth in Section
				7-35-7
				NMSA 1978, as amended, for suspension of treasurers' functions and termination
				of a suspension order.
B. The costs
				counties are required to reimburse the department, when the department performs
				the functions of a suspended treasurer, shall include the salaries and expenses
				of department employees or contractors who carry out the functions of the
				office of a suspended treasurer.
C.
				The department will take all action necessary to assure reimbursement of costs
				by the county.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.11 - PROPERTY TAXES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Section
				7-37-7
				NMSA 1978, as amended, provides for the maximum property tax rates and their
				limitations. The authority to impose general purpose tax rates is granted to
				local governments and shall be done during the budget-making and approval
				process. The general purpose tax rate imposed by each governmental unit for
				residential property is the same rate that is imposed for nonresidential
				property. The local government division shall apply the yield control formula
				and other tax rate limitations in statute that apply to the imposed tax rates
				prior to setting the tax rates.
B.
				Tax rates for school districts and institutions of higher education are set by
				the state department of education and the commission on higher education,
				respectively. These rates are certified to the local government division by
				August 15th of each year.
C.
				Pursuant to Section
				7-38-33
				NMSA 1978, the department shall by written order set property tax rates no
				later than September 1st each year for each county, municipality, special
				district, school district, institution of higher education and state debt
				service.
D. Pursuant to Section
				7-38-34
				NMSA 1978, within five business days of the date of the tax rate order set by
				the department, the board of county commissioners shall issue by written order
				imposing the certified tax rates on the net taxable value of property allocated
				to the appropriate governmental units. Within these five days, it is the
				responsibility of the county to ensure that the rates set are correct. The
				local government division must be notified of any errors with regards to the
				validity of these rates during this five day period.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.12 - COUNTY PROPERTY VALUATION FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The county property valuation fund is
				created in Section
				7-38-38.1
				NMSA 1978 and prescribes the method and manner for the collection and
				distribution of the administrative charge on revenue recipients to offset
				collection costs.
B. All
				administrative charges shall be collected by the treasurer and distributed to
				the county property valuation fund.
C. The assessor's budget for purposes of
				calculating the forty percent of the amount shall include all appropriations
				made to the assessor's budget including the county property valuation
				fund.
D. The treasurer is
				responsible for collecting the administrative charges and distributing these
				collections to the county property valuation fund in accordance with statute,
				relevant county ordinances and stipulated orders.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.13 - PROTESTED PROPERTY TAXES AND PROPERTY TAX SUSPENSE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The treasurer shall deposit in the
				property tax suspense fund an amount equal to the portion of any property taxes
				paid to the treasurer that is not admitted to be due and is the subject of a
				claim for refund.
B. The property
				tax suspense fund shall be invested as permitted by Subsection B of Section
				7-38-41
				NMSA 1978, as amended.
C. All
				refunds to property owners pursuant to Section
				7-38-41
				NMSA 1978 shall be made fifteen days after the treasurer receives a copy of the
				final order relating to the protest.
D. If final determination in a claim for
				refund is less than originally claimed, or if the claim is denied, the
				difference between the amount placed in the property tax suspense fund and the
				amount refunded to the taxpayer shall be disbursed in the monthly distribution
				process as stated in subparagraph 15.6 [now Subsection F of 3.6.50.15 NMAC].
				Upon the final determination of a claim, the treasurer is to send a copy of the
				final order to the assessor and the director of the property tax division who
				shall change their respective valuation records to clearly reflect the final
				determination.
E. The treasurer is
				authorized to transfer any surplus interest accrued in the property tax
				suspense fund to the county general fund, when a case is closed or at the close
				of the fiscal year.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.14 - COLLECTION AND RECEIPT OF PROPERTY TAXES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All property tax payments shall be marked
				paid and recorded within 48 hours and must be deposited within 72
				hours.
B. Property tax receipts or
				copies of the tax bills marked paid are not required to be mailed to property
				taxpayers if payment of property taxes, penalties and interest are received by
				mail. These amounts are sufficiently "receipted" if indication of payment is
				made on the tax schedule by the treasurer. However, the treasurer is not
				prohibited from mailing receipts or copies of the tax bills marked
				paid.
C. Except for accounts on the
				state delinquency list, any partial payments received by the treasurer for
				delinquent property taxes, penalties and interest shall be receipted and
				accounted for in accordance with Section
				7-38-42
				NMSA 1978.
D. If the treasurer's
				office is unable to comply with this policy, the treasurer must immediately
				notify the chairman of the board of finance and the county manager in writing.
				The notification must include a description of the problem, identification of
				the cause of the problem, an estimate of the anticipated duration of
				non-compliance and the proposed remedial action. The notification does not
				relieve the receipting authority of its statutory duty to collect, record and
				account for property taxes.
E.
				Receipting and depositing of revenues other than property tax payments shall be
				implemented according to policies adopted by the county board of
				finance.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.15 - DISTRIBUTION OF PROPERTY TAXES, PENALTIES AND INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The treasurer shall distribute the
				receipts from property tax collections to each governmental unit. All interest
				and penalties collected shall be deposited in the county general fund without
				regard to the tax year for which it was paid, other than as an agent of the
				taxation and revenue department under Section
				7-38-62
				NMSA 1978.
B. At the time of
				distributing receipts from property taxes collected as agent for the taxation
				and revenue department under Section
				7-38-62
				NMSA 1978, all interest and penalties collected for tax years before 1990 will
				be placed in the county general fund and all interest and penalties collected
				for 1990 and subsequent tax years shall be remitted to the taxation and revenue
				department.
C. The treasurer shall
				distribute taxes collected for the November 10th installment no earlier than
				December 15th or later than the 5th working day after December 15th.
D. The treasurer shall distribute taxes
				collected from the April 10th installment no earlier than May 15th or later
				than the 5th working day after May 15th.
E. For installment agreements pursuant to
				Section
				7-38-38.2
				NMSA 1978, no distribution shall be made earlier than the 15th of the month
				following the month of collection or later than the 5th working day after the
				15th of month following the month of collection.
F. For delinquent taxes, normal distributions
				shall not be made earlier than the 15th of the month following the month of
				collection or later than the 5th working day after the 15th of month following
				the month of collection.
G. Once a
				county has placed a property on the state delinquency list, the property tax
				division shall have responsibility and exclusive authority to collect
				delinquent taxes, interest and penalties for all tax years. However, the
				property tax division may authorize treasurers to act as its agents in
				accepting payments of taxes, penalties, interests or costs due.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.16 - NOTIFICATION TO PROPERTY OWNER OF DELINQUENT PROPERTY TAXES

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with Section
				7-38-51
				NMSA 1978, any property tax delinquent more than thirty days as of June 30th of
				each year, the treasurer shall mail a notice of delinquency to the assessed
				owner and any person other than the owner to whom the tax bill on the property
				was sent. This applies to every delinquency and not just those on the state
				delinquency list.
B. If payment has
				not been received within 90 days following the written notice of delinquency,
				the treasurer shall pursue further collection efforts.
C. If the collection rate for a tax year for
				any jurisdiction in the county falls twenty percent below anticipated
				collections as of December 31st of that year or June 30th of the following
				year, the treasurer must immediately notify the board of finance in
				writing.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.17 - SALE OF REAL PROPERTY FOR DELINQUENT TAXES

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  7-38-66
				  NMSA 1978 states the taxpayer must show proof of the following to prevent or
				  invalidate a sale:
A. All delinquent
				taxes, penalties, interest and costs had been paid prior to the date of sale
				shall prevent or invalidate the sale. The treasurers office must be in
				possession of the funds prior to the time of the sale or the payment must be
				postmarked prior to the date of the sale.
B. The taxpayer has entered into a written
				installment agreement to pay all delinquent taxes, penalties, interest and
				costs prior to the date of sale as provided in Section
				7-38-68
				NMSA 1978 and that payments are being made in accordance with the terms of such
				agreement. The installment agreement must be signed by both parties at least
				the day prior to the date of sale.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.18 - INSTALLMENT AGREEMENTS OR SALE OF PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the property tax division collects
				delinquent taxes in total from the taxpayer under installment agreements or
				sale of property, the money, excluding interest, penalties and costs, will be
				remitted to the treasurer. When the money is received by the treasurer, the tax
				bill will be validated as paid. The distribution will be accomplished by the
				treasurer as the normal distribution of delinquent taxes.
B. Upon receipt of the money from the
				property tax division, the treasurer shall:
(1) validate the tax bill as paid in the
				manner prescribed in Section
				7-38-63
				NMSA 1978;
(2) make a notation of
				the payment of delinquent property taxes, penalties and interest on the
				property tax schedule; and
(3)
				distribute the amount of property taxes to the appropriate governmental units
				at the time of normal monthly distributions.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.19 - TAXES ON OMITTED PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
When taxes on omitted property are placed on tax schedules,
				  tax bills mailed and money is received for payment of these taxes, the
				  receipting and accounting of the money is the same as for other property taxes.
				  For distribution purposes, all the monies received for taxes on omitted
				  property for years prior to current tax year will be considered to be receipts
				  of delinquent taxes.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.20 - CHANGES IN THE PROPERTY TAX SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to Section
				7-38-77.1
				NMSA 1978, the department may order the treasurer to make changes in the
				property tax schedule in connection with any property listed on the schedule if
				the department determines that an error was made in the certification of tax
				rates.
B. Upon such a
				determination, the department will issue a statement to the county commission
				and treasurer stating the reason for the error along with the amended
				certificate of tax rates.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 6 - PROPERTY TAXES › Part 50 - PROCEDURES FOR COUNTY TREASURERS › Section 3.6.50.21 - BANKHEAD-JONES FARM TENANT ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the national grasslands and land utilization
				  project receipts for the Bankhead-Jones Farm Tenant Act, the county shall
				  deposit these funds directly into the county road fund for the purpose of
				  maintaining county roads or school bus routes, or both.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 7 - SPECIAL PROPERTY TAXES › Part 2 - COPPER AD VALOREM TAX › Section 3.7.2.1 - 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 7 - SPECIAL PROPERTY TAXES › Part 2 - COPPER AD VALOREM TAX › Section 3.7.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons who sever or smelt copper
				  and applies to the valuation of all productive copper mineral
				  property.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 7 - SPECIAL PROPERTY TAXES › Part 2 - COPPER AD VALOREM TAX › Section 3.7.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
7/31/96, 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 7 - SPECIAL PROPERTY TAXES › Part 2 - COPPER AD VALOREM TAX › Section 3.7.2.6 - 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 Copper Production Ad Valorem Tax
				  Act.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 7 - SPECIAL PROPERTY TAXES › Part 2 - COPPER AD VALOREM TAX › Section 3.7.2.8 - DETERMINATION OF AVERAGE PRICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The copper and other mineral prices to be
				used to calculate the value of salable copper and other minerals for purposes
				of the Copper Ad Valorem Tax Act shall be the following average annual prices
				as published in Metals Week, or any successor publication, for each year:
(1) copper - "COMEX HG 1st position" copper
				price per pound cathodes;
(2) gold
				- "Handy and Harmon" gold price per troy ounce;
(3) silver - "Handy and Harmon" silver price
				per troy ounce;
(4) molybdenum
				sulfide concentrate - "byproduct concentrate" molybdenum price per
				pound;
(5) molybdic oxide - "metals
				week dealer oxide" molybdenum price per pound;
(6) zinc - "metals week U.S. high grade" zinc
				price per pound; and
(7) other
				minerals - as determined by the taxation and revenue department pursuant to
				subsequent regulation or in response to a written request from the taxpayer
				specifying the mineral produced and the taxable years to which the request
				pertains.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 8 - ESTATE TAX › Part 1 - GENERAL PROVISIONS › Section 3.8.1.1 - 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 8 - ESTATE TAX › Part 1 - GENERAL PROVISIONS › Section 3.8.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
7/15/96, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date. The effective date
				  of the Estate Tax Act was July 1, 1973. (Laws 1973, Ch. 345, Section 18) The
				  Estate Tax Act and this Part apply to estates where decedent passed away after
				  June 30, 1973. Pursuant to Section 7-1-5(H) NMSA 1978 of the Tax Administration
				  Act, the Estate Tax Act regulations filed August 5, 1974 were declared to be
				  effective July 1, 1973. The amendments to those regulations adopted by TRD Rule
				  7-88 were effective on September 15, 1988.
New Mexico Administrative Code › Title 3 - TAXATION › Chapter 8 - ESTATE TAX › Part 1 - GENERAL PROVISIONS › Section 3.8.1.8 - CITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All citations to statutes in 3.8 NMAC are to the 1978 New
				  Mexico Statutes Annotated (NMSA 1978).