New Mexico Administrative Code

A. The 2021 sustainable building tax credit may be claimed for taxable years prior to January 1, 2028. B. A tax credit provided in 3.3.35.8 NMAC may not be claimed with respect to the same sustainable building under the 2021 sustainable building tax credit provided in the Corpora…

A. The department reviews the qualifications for verifiers of the build green New Mexico or LEED-H certifications or LEED commercial buildings, which shall be provided annually to the department, based on the following criteria: (1) the verifier is independent from the homebuilde…

Energy, Minerals and Natural Resources Department, Energy, Conservation and Management Division.

A. The state tax credit is available for purchases of an electric vehicle, plug-in hybrid electric vehicle or fuel cell vehicle, or new leases of at least three years for one of these vehicles. B. Applications for certification of the state tax credit shall be made no later than …

A. To apply for a state tax credit, an applicant shall submit an application for a certificate of eligibility to the division using a department-developed application or an approved electronic application system. B. To be considered complete, an application must include the state…

A. An application for new vehicle shall contain the following information as attachments: (1) Purchase agreement, vehicle proof of purchase from or proof of new lease through a dealer licensed by the motor vehicle division of the department pursuant to Section 66-4-2 NMSA 1978 or…

A. The department shall consider complete applications in the order received. B. The department shall review the application package to calculate the state tax credit; check the accuracy of the applicant's documentation and determine whether the department shall certify the clean…

A. Clean car tax credit warranties that the department may accept for previously owned motor vehicles shall be provided by the dealer and shall cover a minimum of one-year extended warranty against defects and repairs. (1) Auto warranties accepted by the department must cover bot…

A. The amount of the tax credit shall be: (1) for taxable years beginning January 1, 2024, and prior to January 1, 2027: (a) $3,000 for a new electric vehicle. (b) $2,500 for a new plug-in hybrid electric vehicle or fuel cell vehicle. (c) $2,500 for a previously owned electric ve…

A. The energy, minerals and natural resources department shall provide the applicant with the certificates of eligibility in an electronic format. B. The department shall provide certification through electronic notification to the applicant. The notification shall include the ap…

A. A taxpayer who has received a certificate of eligibility from the energy minerals and natural resources department shall claim the credit with the taxation and revenue department as required in statute and outlined in the income tax form instructions. B. A certificate of eligi…

3.3.36 NMAC applies to the application and certification procedures for administration of the clean car personal income tax credit.

3.3.36 NMAC is established under the authority of Section 7-2-18.36 NMSA 1978.

Permanent.

September 24,2024, unless a later date is cited at the end of a section.

3.3.36 NMAC objective is to establish procedures for administering the certification program for the clean car personal income tax credit.

For additional definitions refer to Section 7-2-18.36 NMSA 1978. A. "Applicant" means a New Mexico taxpayer that has purchased an electric vehicle, plug-in hybrid electric vehicle or fuel cell vehicle or enters into a new lease of at least three years for one of these vehicles. B…

A. The state tax credit may be claimed for taxable years after January 1, 2024, and prior to January 1, 2030. B. The tax credit provided by this section may be referred to as the clean car personal income tax credit. C. One tax credit may be certified per taxpayer, per taxable ye…

A. A taxpayer may apply for certification for a clean car personal income tax credit from the energy, minerals, and natural resources department on electronic forms and in the manner prescribed by that department. The department will not accept paper applications or applications …

Energy, Minerals and Natural Resources Department, Energy, Conservation and Management Division.

A. The state tax credit is available for purchase and installation of a clean car charging unit designed for charging electric vehicles, plug-in hybrid electric vehicles or fuel cell vehicles purchased and installed between May 15, 2024, and January 1, 2030. B. Applications for t…

A. An applicant may apply for a New Mexico clean car charging unit personal income tax credit by submitting an application for a certificate of eligibility to the division using a department-developed application or an approved electronic application system. B. To be considered c…

A. An application for a clean car charging unit personal income tax credit shall contain the following information as attachments: (1) proof of clean car charging unit purchase; (2) post-installation digital photo of operating clean car charging unit; (3) clean car charging unit …

A. The department shall consider complete applications in the order received. B. The department shall review the application package to check the accuracy of the applicant's documentation, determine whether the department shall certify the clean car charging unit and calculate th…

A. A direct current fast charger must provide at least 50 kilowatts of direct current electrical power for charging an electric vehicle through a connector based on fast charging equipment standards and is approved for installation for that purpose under the National Electrical C…

A. The tax credit is limited to the purchase and the installation labor cost for the clean car charging unit, whichever is less. B. The amount of tax credit shall be: (1) for a direct current fast charger or fuel cell charging unit, $25,000 or the cost to purchase and install the…

A. The energy, minerals and natural resources department shall provide the applicant with the certificate of eligibility in an electronic format. B. The department provides certification through electronic notification to the applicant. The notification shall include the applican…

A taxpayer who has received certificate of eligibility to claim the tax credit must apply to the taxation and revenue department and shall provide the taxation and revenue department with a copy of the certification of eligibility in manner and within a timeframe prescribed by th…

3.3.37 NMAC applies to the application and certification procedures for administration of the clean car charging unit personal income tax credit.

3.3.37 NMAC is established under the authority of Section 7-2-18.37 NMSA 1978.

Permanent.

September 10, 2024, unless a later date is cited at the end of a section.

3.3.37 NMAC's objective is to establish procedures for administering the certification program for the clean car charging unit personal income tax credit.

For additional definitions see Section 7-2-18.37 NMSA 1978. A. "Applicant" means a New Mexico taxpayer that has purchased and installed an electric vehicle charging unit or fuel cell charging unit in New Mexico. B. "Application package" means the application documents an applican…

A. The state tax credit may be claimed for taxable years after January 1, 2024, and prior to January 1, 2030. B. The tax credit provided by this section may be referred to as the clean car charging unit personal income tax credit. C. One tax credit shall be certified per taxpayer…

A. A taxpayer may apply for a clean car income tax credit from the energy, minerals, and natural resources department on an electronic form and in the manner prescribed by that department. The department will not accept paper applications or applications submitted by e-mail unles…

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

A. Any individual who has adopted a special needs child on or after January 1, 1988, who has income both within and without this state and who claims the exemption provided by Section 7-2-5.4 NMSA 1978 shall apportion the exemption amount claimed in accordance with this section (…

Any amount exempt from taxation under the Income Tax Act by the provisions of the Medical Care Savings Account Act that is excluded, exempted or deducted in determining federal taxable income may not be deducted from base income in determining net income. With respect to such an …

A. For the purposes of Section 7-2-5.5 NMSA 1978, pension income of a New Mexico resident who is a member of an Indian nation, tribe or pueblo and who resides on the tribal territory of the resident's or the spouse's Indian nation, tribe or pueblo is qualified for the exemption p…

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.

[Reserved]

A. For purposes of this section (3.3.4.8 NMAC):(1) "NATO signatory" means a nation, other than the United States, that is a contracting party to the North Atlantic Treaty; (2) "NATO force" means any NATO signatory's military unit or force or civilian component thereof present in …

A. Any individual who is blind or sixty-five years of age or older, who has income both within and without this state and who claims the exemption provided by Section 7-2-5.2 NMSA 1978 shall apportion the exemption amount claimed in accordance with this section (3.3.4.9 NMAC). B.…

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

A. For periods beginning on or after January 1, 2005 and before January 1, 2011, the rate of withholding shall equal the maximum bracket rate set by Section 7-2-7 NMSA 1978 for the taxable year. B. For periods beginning on or after January 1, 2011, the rate of withholding pursuan…