New Mexico Administrative Code

A. The department may certify an innovative solar energy system. B. A taxpayer shall request that the department review an application package as an innovative solar energy system. C. The division shall conduct a design review of a solar energy system when the taxpayer has reques…

A. The purpose of the department's certification program is to evaluate certification of complete solar energy systems for state tax credit eligibility that are comprised of components and materials that are tested, certified, approved, or listed, as applicable, by other organiza…

A. A state tax credit shall be based on the equipment, materials and labor costs of a solar energy system the department has certified. B. The equipment, materials and labor costs of a solar energy system the department certifies shall be documented in writing. C. The cost of a s…

A. A state tax credit to a taxpayer for a solar energy system the department has certified shall not exceed: (1) 10 percent of the net solar energy system cost as provided in 3.3.28.16 NMAC; and (2) $9000. B. The total sum of the state tax credit and the federal tax credit shall …

A. To claim the state tax credit, a taxpayer owning a solar energy system that the department has certified shall submit to the taxation and revenue department a claim, which shall consist of the notification the department issued to the taxpayer, a completed claim form the taxat…

A. If a contractor installs the solar energy system, the contractor shall inform the taxpayer about system design, installation, performance, operation and maintenance by providing the following:(1) prior to system installation, a summary of the specific system type that meets al…

3.3.28 NMAC applies to the application and certification procedures for administration of the solar market development tax credit.

A. The inspections required through the application process for certification of a taxpayer's solar energy system are: (1) inspection by the building code authority for building, electrical or mechanical code compliance, as applicable to the solar energy system type; and (2) insp…

3.3.28 NMAC is established under the authority of NMSA 1978, Sections 7-2-18.14 and 9-1-5(E).

Permanent.

July 1, 2006 unless a later date is cited at the end of a section.

3.3.28 NMAC's objective is to establish procedures for administering the certification program for the solar market development tax credit.

A. "Applicant" means a New Mexico taxpayer that has installed a solar energy system and that desires to have the department certify the solar energy system pursuant to 3.3.28 NMAC so that the taxpayer may receive a state tax credit. B. "Application package" means the application …

A. Only a New Mexico taxpayer having purchased and installed an operating solar energy system the department has certified is eligible for a state tax credit. B. A corporation shall not be eligible for certification of a solar energy system the corporation owns under 3.3.28 NMAC'…

A. To apply for a state tax credit an applicant shall submit an application package to the division. An applicant may obtain a state tax credit application form and system installation form from the division. B. An application package shall include a completed state tax credit ap…

Energy, Minerals and Natural Resources Department.

A. In order to obtain the sustainable building tax credit, a taxpayer shall apply for a certificate of eligibility with the division on a division-developed form. An applicant may obtain an application form from the division. B. An application package shall include a completed ap…

A. The department considers applications in the order received, according to the day they are received, but not the time of day. B. The department approves or disapproves an application package following the receipt of the complete application package. The department disapproves …

A. The division calculates the maximum sustainable building tax credit based on the qualified occupied square footage of the sustainable residential building, the rating system under which the applicant achieved certification and the certification level the applicant achieved. Th…

A. To claim the sustainable building tax credit, an applicant shall submit all certificates of eligibility to the taxation and revenue department within 30 days of the department's issuance, along with a completed form provided by the taxation and revenue department, and any othe…

3.3.29 NMAC applies to the application and certification procedures for administration of the sustainable building tax credit for sustainable residential buildings.

3.3.29 NMAC is established under the authority of NMSA 1978, Section 7-2-18.19 and NMSA 1978, Section 9-1-5.

Permanent.

October 31, 2007, unless a later date is cited at the end of a section.

3.3.29 NMAC's objective is to establish procedures for administering the program to issue a certificate of eligibility for the sustainable building tax credit for sustainable residential buildings.

A. "Annual cap" means the annual total amount of the sustainable building tax credit available to taxpayers owning sustainable residential buildings. B. "Applicant" means a taxpayer who owns a sustainable residential building in New Mexico and who desires to have the department i…

A. A person who is the owner of a building in New Mexico that has been constructed, renovated or manufactured to be a sustainable residential building and that receives certification on or after January 1, 2007 may receive a certificate of eligibility for a sustainable building t…

A. The division reviews the qualifications for verifiers of the build green New Mexico or LEED-H certifications based on the following criteria: (1) the verifier is independent from the homebuilders or homeowners that may apply for certification; (2) the verifier has adequate sta…

Taxation and Revenue Department, Joseph M. Montoya Building, 1100 South St. Francis Drive, P.O. Box 630, Santa Fe NM 87504-0630

This part applies to each resident of New Mexico and to each nonresident employed or engaged in the transaction of business in, into or from New Mexico or deriving any income from any property or employment in New Mexico.

Section 9-11-6.2 NMSA 1978.

Permanent.

1/15/97, unless a later date is cited at the end of a section, in which case the later date is the effective date.

The objective of this part is to interpret, exemplify, implement and enforce the provisions of the Income Tax Act.

"Nonresident trust" defined. A trust is a nonresident trust if the trustee responsible for the trust funds and for distributions from the fund is a resident of another state. A nonresident trust is subject to New Mexico income tax to the extent that it is engaged in the transacti…

Energy, Minerals and Natural Resources Department.

A. In order to receive a certificate of eligibility for the tax credit, the applicant must submit an application for the sustainable building tax credit after the building is completed, the applicant has fulfilled all other requirements and the total annual cap for the sustainabl…

A. The department considers applications in the order received, according to the day they are received, but not the time of day. B. The department approves or disapproves an application package following the receipt of the complete application package. C. The division reviews the…

A. In the event the sustainable commercial building is a building type that is not available in target finder and the applicant uses an alternative method for the energy reduction requirement, the division reviews the submitted documentation. The following information shall be in…

A. The division calculates the maximum sustainable building tax credit for non-multi-family commercial buildings based on the qualified occupied square footage of the sustainable commercial building, the LEED rating system under which the applicant achieved LEED certification and…

A. To claim the sustainable building tax credit for a given year, an applicant shall submit all certificates of eligibility to the taxation and revenue department prior to the end of that calendar year, along with a completed form provided by the taxation and revenue department, …

3.3.30 NMAC applies to the application and certification procedures for administration of the sustainable building tax credit for sustainable commercial buildings.

3.3.30 NMAC is established under the authority of NMSA 1978, Section 7-2-18.19 and NMSA 1978, Section 9-1-5.

Permanent.

January 1, 2014, unless a later date is cited at the end of a section.

3.3.30 NMAC's objective is to establish procedures for administering the program to issue a certificate of eligibility for the sustainable building tax credit for sustainable commercial buildings.

A. "Annual cap" means the annual aggregate amount of the sustainable building tax credit available to taxpayers owning sustainable commercial buildings. B. "Applicant" means a taxpayer who owns a sustainable commercial building in New Mexico and who desires to have the department…

A. A person who is the owner of a building in New Mexico that has been constructed or renovated to be a sustainable commercial building and that receives certification on or after January 1, 2007 may receive a certificate of eligibility for a sustainable building tax credit. B. T…

A. The division reviews the qualification for verifiers of the build green New Mexico or LEED-H certifications based on the following criteria: (1) the verifier is independent from the homebuilders or homeowners that may apply for certification; (2) the verifier has adequate staf…

Energy, Minerals and Natural Resources Department.