1,220 sections in this chapter.
NMSA 1978, § 7-38-20.1 Temporary provision; additional instructions to
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assessors and treasurers; special requirements for 2004 veteran exemption; newly eligible veterans. A. A county assessor shall include with the notice of valuation distributed to property owners for the 2005 property tax year, a notice to taxpayers informing them that: (1) a taxp…
NMSA 1978, § 7-38-21 Protests; county-assessed property; election of remedies
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A. A property owner may protest: (1) the value or classification determined by the county assessor for the property owner's property for property taxation purposes; (2) the allocation of value of the property to a particular governmental unit; (3) a denial of a claim for an exemp…
NMSA 1978, § 7-38-21.1 Protests; state-assessed property; election of remedies
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A. A property owner may protest the value or classification determined by the department for the property owner's property for property taxation purposes, the allocation of value of the property to a particular governmental unit or a denial of a claim for an exemption by: (1) fil…
NMSA 1978, § 7-38-22 Protesting values, classification, allocation of values and
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denial of exemption determined by the department. A. A property owner may protest the value or classification determined by the department for the property owner's property for property taxation purposes or the department's allocation of value of the property owner's property to …
NMSA 1978, § 7-38-23 Protest hearings; verbatim record; action by hearing
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officer; time limitations. A. Except for the rules relating to discovery, the technical rules of evidence and the Rules of Civil Procedure for the District Courts do not apply at a protest hearing conducted pursuant to the provisions of the Property Tax Code, but the hearing shal…
NMSA 1978, § 7-38-24 Protesting values, classification, allocation of values and
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denial of exemption or limitation on increase in value determined by the county assessor. A. Petitions for protest authorized by Section 7-38-21 NMSA 1978 shall: (1) be filed with the county assessor on or before: (a) the later of April 1 of the property tax year to which the not…
NMSA 1978, § 7-38-25 County valuation protests boards; creation; duties;
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funding. A. There is created in each county a "county valuation protests board". Each board shall consist of three voting members. Three alternates shall also be appointed to serve as voting members in the absence of a voting member. Voting members and alternates shall be appoint…
NMSA 1978, § 7-38-26 Scheduling of protest hearings
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Before scheduling a protest hearing, the county assessor shall notify the director and assure that the assigned property appraisal officer board member will be made available. The director may assign a property appraisal officer to act as a member of more than one county valuatio…
NMSA 1978, § 7-38-27 Protest hearings; verbatim record; action by county
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valuation protests board; time limitations. A. Except for the rules relating to discovery, the technical rules of evidence and the Rules Civil Procedure for the District Courts do not apply at protest hearings before a county valuation protests board, but the hearing shall be con…
NMSA 1978, § 7-38-28 Appeals from orders of the county valuation protests
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boards. A property owner may appeal an order made by a county valuation protests board by filing an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 72-31-28, enacted by Laws 1973, ch. 258, § 68; 1978 Comp., § 7-38-28; 1982, ch. 28, § 15; 19…
NMSA 1978, § 7-38-28.1 Appeals from decisions and orders of the hearing officer
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of the administrative hearings office. A. A property owner or the secretary may appeal a decision and order of a hearing officer of the administrative hearings office to the court of appeals for further relief, but only to the same extent and on the same theory as was asserted in…
NMSA 1978, § 7-38-29 Retention of hearing records
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Untranscribed verbatim records of protest hearings shall be retained until after transcription, if transcription is required to support an appeal, or until the time for a protestant to appeal an order under Section 7-38-28 NMSA 1978 has expired and the protestant has not appealed…
NMSA 1978, § 7-38-3 Information reports
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For the purpose of establishing or determining the value of property for property taxation purposes, the director may promulgate regulations requiring any property owner or his authorized agent to report information concerning the property to the department or the county assessor…
NMSA 1978, § 7-38-30 Department to allocate and certify valuations to county
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assessors. By June 1 of each year, the department shall certify to each county assessor the value determined by the department for property taxation purposes of all property allocated to governmental units within the county and subject to departmental valuation. In certifying val…
NMSA 1978, § 7-38-31 County assessor to certify net taxable values to the
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department. After receiving the values for property taxation purposes certified to him by the department, the county assessor shall determine the net taxable value for all property allocated to governmental units in the county and subject to valuation for property taxation purpos…
NMSA 1978, § 7-38-32 Department to prepare a compilation of net taxable values
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to be used for budget making and rate setting. A. No later than June 30 of each year, the department shall prepare a compilation of all net taxable values certified to it by the county assessors and shall include in the compilation the information regarding protested values requi…
NMSA 1978, § 7-38-33 Department of finance and administration to set tax rates
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A. No later than September 1 of each year, the secretary of finance and administration shall by written order set the property tax rates for the governmental units sharing in the tax in accordance with the Property Tax Code and the budget of each as approved by the department of …
NMSA 1978, § 7-38-34 Board of county commissioners to order imposition of the
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tax. Within five days of receipt of the property tax rate-setting order from the department of finance and administration, each board of county commissioners shall issue its written order imposing the tax at the rates set on the net taxable value of property allocated to the appr…
NMSA 1978, § 7-38-35 Preparation of property tax schedule by assessor
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A. After receipt of the rate-setting order and the order imposing the tax, but no later than October 1 of each tax year, the county assessor shall prepare a property tax schedule for all property subject to property taxation in the county. This schedule shall be in a form that sh…
NMSA 1978, § 7-38-36 Preparation and mailing of property tax bills
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A. A copy of the property tax schedule prepared by the assessor shall be delivered to the county treasurer on October 1 of each tax year. B. Upon receipt of the property tax schedule, the county treasurer shall prepare and mail property tax bills to either the owner of the proper…
NMSA 1978, § 7-38-36.1 Administrative fee to be charged if property tax is less
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than five dollars ($5.00). A. If the property tax on property for which a property tax bill is prepared is less than five dollars ($5.00), the board of county commissioners may, by resolution, charge an administrative fee equal to the difference between the amount of the property…
NMSA 1978, § 7-38-36.2 Procedures to delay the mailing of property tax bills for
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counties for which a property tax levy is imposed at the November 2019 or 2021 regular local election to put the question of imposing or renewing a levy before the voters. A. In 2019 and 2021: (1) if a local government desires to impose or renew a property tax levy, the local gov…
NMSA 1978, § 7-38-37 Contents of property tax bill
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Each property tax bill shall be in a form and contain the information required by regulations of the department and shall contain at least the following: A. all of the information required to be contained in the property tax schedule; B. the amount of property taxes due on each i…
NMSA 1978, § 7-38-38 Payment of property taxes; installment due dates; refund
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in cases of overpayments; rounding. A. Unless otherwise provided in the Property Tax Code [Chapter 7, Article 1 NMSA 1978], property taxes in the amount of ten dollars ($10.00) or over are payable to the county treasurer in two equal installments due on November 10 of the year in…
NMSA 1978, § 7-38-38.1 Recipients of revenue produced through ad valorem
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levies required to pay counties administrative charge to offset collection costs. A. As used in this section: (1) "revenue" means money for which a county treasurer has the legal responsibility for collection and which is owed to a revenue recipient as a result of an imposition a…
NMSA 1978, § 7-38-38.2 Prepayment of certain property tax installments;
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resolution by board of county commissioners. A. Each board of county commissioners, by resolution, may as an option to the taxpayer provide for prepayment of property tax due if the tax due is one hundred dollars ($100) or more. B. The resolution shall provide for a prepayment of…
NMSA 1978, § 7-38-38.3 Optional prepayment of property taxes in monthly
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payments. A board of county commissioners may by resolution provide property owners the option of making prepayments of property taxes in ten monthly payments beginning June 1 of the year in which the tax bill is prepared and ending March 1 of the following year. The first nine m…
NMSA 1978, § 7-38-39 Protesting values; claim for refund
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After receiving his property tax bill and after making payment prior to the delinquency date of all property taxes due in accordance with the bill, a property owner may protest the value or classification determined for his property for property taxation purposes, the allocation …
NMSA 1978, § 7-38-4 Confidentiality of information
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A. Except as specifically authorized in this section or as otherwise provided by law, it is unlawful for the secretary, any employee or any former employee of the department to reveal to any person other than the secretary, an employee of the department, a county assessor or an e…
NMSA 1978, § 7-38-40 Claims for refund; civil action
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A. Claims for refund shall be filed by the property owner as a civil action in the district court for the county in which the valuation was determined if the property was locally valued or in the district court for Santa Fe county if valued by the department. Claims shall: (1) be…
NMSA 1978, § 7-38-41 Protested property taxes; suspense fund; refunds; interest
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A. Each county treasurer shall establish a fund to be known as the "property tax suspense fund." The portion of any property taxes paid to the county treasurer that is not admitted to be due and is the subject of a claim for refund shall be deposited in this fund. B. The fund sha…
NMSA 1978, § 7-38-42 Collection and receipt of and accounting for property
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taxes; application of receipts to delinquent taxes. A. The county treasurer has the responsibility and authority for collection of taxes and any penalties or interest due under the Property Tax Code except for the collection of delinquent taxes, penalties and interest authorized …
NMSA 1978, § 7-38-43 Distribution of receipts from collected property taxes,
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penalties and interest. The county treasurer shall distribute the receipts from collected property taxes to each governmental unit in an amount and in a manner determined in accordance with the law and with the regulations of the department of finance and administration. Penaltie…
NMSA 1978, § 7-38-44 Special procedures for administration of taxes on personal
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property when probable removal of property from state will jeopardize collection of taxes. A. If the director or a county assessor has reasonable cause to believe that personal property, other than livestock, subject to valuation by him for property taxation purposes in a tax yea…
NMSA 1978, § 7-38-44.1 Special procedures for administration of taxes on real
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property divided or combined. A. For real property subject to valuation for property taxation purposes in a taxable year that is divided or combined, a county shall proceed to determine the taxes due on the property by using the prior year's tax rate, if the current tax rates hav…
NMSA 1978, § 7-38-45 Special provisions relating to administration of taxes on
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livestock. A. The New Mexico livestock board shall furnish to the department who shall forward to the county assessor of each county information obtained by it about the number, name and address of owner, description, movement, origin and destination of livestock being moved into…
NMSA 1978, § 7-38-46 Delinquent property taxes
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A. Property taxes that are not paid within thirty days after the date on which they are due are delinquent unless a timely protest has been made under Sections 7-38-22 and 7-38-24 NMSA 1978, and in that case the amount of taxes attributable to the net taxable value of the propert…
NMSA 1978, § 7-38-47 Property taxes are personal obligation of owner of
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property. Property taxes imposed are the personal obligation of the person owning the property on the date on which the property was subject to valuation for property taxation purposes and a personal judgment may be rendered against him for the payment of property taxes that are …
NMSA 1978, § 7-38-48 Property taxes are a lien against real property from
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January 1; priorities; continuance of taxing process. A. Except as provided in Subsection B of this section, taxes on real property are a lien against the real property from January 1 of the tax year for which the taxes are imposed. The lien runs in favor of the state and secures…
NMSA 1978, § 7-38-49 Unpaid property taxes; imposition of interest
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If property taxes are not paid for any reason within thirty days after the date they are due, interest on the unpaid taxes shall accrue from the thirtieth day after they are due until the date they are paid. Interest shall accrue at the rate of one percent a month or any fraction…
NMSA 1978, § 7-38-50 Delinquent taxes; civil penalties
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A. If property taxes become delinquent, a penalty of one percent of the delinquent taxes for each month or any portion of a month they remain unpaid shall be imposed, but the total penalty shall not exceed five percent of the delinquent taxes except that, when the penalty determi…
NMSA 1978, § 7-38-51 Notification to property owner of delinquent property
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taxes. A. In respect to any tax that is delinquent for more than thirty days as of June 30 of each year, the county treasurer shall mail a notice of delinquency to: (1) the owner of the property as shown on the property tax schedule at the address of the owner as shown on the mos…
NMSA 1978, § 7-38-52 Notification to motor vehicle division of unpaid property
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taxes on manufactured homes; notice of filing constitutes lien on vehicle. A. In the preparation of the tax delinquency notices, the county treasurer shall ascertain those persons who have failed to pay taxes on manufactured homes. B. In addition to the information required under…
NMSA 1978, § 7-38-53 Collection of delinquent property taxes on personal
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property; assertion of claim against personal property. A county treasurer may collect delinquent property taxes on personal property by asserting a claim against the owner's personal property for which taxes are delinquent. A claim shall be asserted by service of a demand warran…
NMSA 1978, § 7-38-54 Demand warrant; contents
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A demand warrant shall: A. contain a statement of the authority for its issuance and service; B. identify the property owner, the amount of the delinquent taxes on his personal property and the date on which the taxes were due; C. describe the personal property subject to the tax…
NMSA 1978, § 7-38-55 Surrender of personal property; penalty for refusal
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A. Any person in the possession of personal property subject to claim for delinquent taxes and upon whom service of a demand warrant has been made must surrender the personal property to the county treasurer. However, that part of the personal property which is the subject of a b…
NMSA 1978, § 7-38-56 Release of personal property seized
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The county treasurer may release all or part of the personal property seized if he determines that the release will facilitate the collection of the delinquent taxes. However, the release does not prevent the assertion of any subsequent claim against the property owner's personal…
NMSA 1978, § 7-38-57 Notice of sale of personal property
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A. As soon as practical after the seizure of personal property, but at least ten days before any proposed sale, the county treasurer shall notify the property owner by certified mail of the amount and kind of personal property seized and that the personal property will be sold fo…
NMSA 1978, § 7-38-58 Personal property sale requirements
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A. The county treasurer must offer for sale all personal property seized by a demand warrant within sixty days of the date it is seized. B. Notice of the sale must be published in a newspaper of general circulation within the county where the personal property is to be sold at le…
NMSA 1978, § 7-38-59 Certificates of sale; effect of certificates of sale
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A. Upon receiving payment for the personal property sold, the county treasurer shall execute and deliver a certificate of sale to the purchaser. B. A certificate of sale: (1) is prima facie evidence of the treasurer's right to make the sale and conclusive evidence of the regulari…