Chapter 7 — Chapter 7

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

Values of property for property taxation purposes determined by the division or the county assessor are presumed to be correct. Determinations of tax rates, classification, allocations of net taxable values of property to governmental units and the computation and determination o…

By June 10 of each year, the county treasurer shall mail a notice to each property owner of property for which taxes have been delinquent for more than two years. The notice shall be in a form and contain the information prescribed by department regulations and shall include the …

treasurer to prepare delinquency list; notation on property tax schedule. A. By July 1 of each year, the county treasurer shall prepare a property tax delinquency list of all real property for which taxes have been delinquent for more than two years. The tax delinquency list shal…

taxes after receipt of tax delinquency list; allowing an authorized county treasurer to act as an agent of the department; use of penalties, interest and costs. A. After the receipt of the tax delinquency list, the department has the responsibility and exclusive authority to take…

distribution. At the time of payment to the department of delinquent taxes, interest and penalties, the department shall issue a receipt to the property owner for the payment of delinquent taxes, penalties and interest. A duplicate of the receipt shall be mailed to the county tre…

ANNOTATIONS Repeals. — Laws 1997, ch. 124, § 3 repealed 7-38-64 NMSA 1978, as enacted by Laws 1973, ch. 258, § 104, relating to the authority of the department to sell personal property for delinquent taxes, effective June 20, 1997. For provisions of former section, see the 1996 …

property. A. If a lien exists by the operation of Section 7-38-48 NMSA 1978, the department may collect delinquent taxes on real property by selling the real property on which the taxes have become delinquent. The sale of real property for delinquent taxes shall be in accordance …

A. At least twenty days but not more than thirty days before the date of the sale for delinquent taxes, the department shall notify by certified mail, return receipt requested, and, for abandoned real property, an additional letter sent by first class mail, to the address as show…

A. Real property shall not be sold for delinquent taxes before the expiration of three years from the first date shown on the tax delinquency list on which the taxes on the real property became delinquent. B. Notice of the sale shall be published in a local newspaper within the c…

requirements. A. Abandoned real property may be sold by special sale. B. Notice of the sale shall be published in a local newspaper within the county where the abandoned real property is located, or in a newspaper published in a county contiguous to or near the county in which th…

A. The division may enter into an installment agreement for the payment of all delinquent property taxes, penalties, interest and costs due with respect to either real property or a manufactured home with the owner of the real property or manufactured home whose taxes have become…

agreements. Amounts collected under installment agreements entered into by the department that represent delinquent taxes shall be remitted to the county treasurer of the county to which the net taxable value of the property is allocated for distribution to the governmental units…

All property subject to valuation for property taxation purposes shall be valued as of January 1 of each tax year, except that livestock shall be valued as of the date and in the manner prescribed under Section 7-36-21 NMSA 1978 and tangible personal property of construction cont…

contractors. A. All tangible personal property of construction contractors located in the state shall be valued for property taxation purposes as of January 1, except as provided in Subsection B of this section. B. All tangible personal property of construction contractors not lo…

delinquent taxes; effect of deeds; limitation of action to challenge conveyance. A. Upon receiving payment for real property sold for delinquent taxes, the division shall execute and deliver a deed to the purchaser. B. If the real property was sold substantially in accordance wit…

A. Money received by the department from the sale of real or personal property for delinquent property taxes shall be deposited in a suspense fund and distributed as follows: (1) first, that portion equal to the costs shall be retained by the department for use, subject to approp…

when property sold for delinquent taxes. When the county treasurer receives written notification from the division of the sale of property for delinquent taxes, he shall make an entry on the property tax schedule indicating that the delinquent property taxes, penalties and intere…

regulations regarding accounting for and distribution of property taxes collected. The department of finance and administration is authorized and directed to promulgate regulations covering the receipt of, accounting for and distribution of amounts received under the Property Tax…

the property tax prohibited from buying property sold for delinquent property taxes; penalties for violation; sales of real property in violation declared void. A. Officers or employees of the state or of any of its political subdivisions engaged in the administration of the prop…

When, because of provisions of the Property Tax Code, a property tax bill is required or authorized to be prepared and mailed or delivered on or by a date other than the date specified in Section 7-38-36 NMSA 1978, the due date of the property taxes involved shall be the date the…

property tax schedules in prior years. A. Subject to the limitations contained in the Property Tax Code and except as provided in Subsection B of this section, county assessors, treasurers and the department have the authority and the duty to enter in the valuation records, list …

its delivery to the county treasurer. A. After delivery of the property tax schedule to the county treasurer, the amounts shown on the schedule as taxes due and other information on the schedule shall not be changed except: (1) by the county treasurer to correct obvious errors in…

department of finance and administration. After the delivery of the property tax schedule to the county treasurer for any tax year, the department of finance and administration may order the county treasurer to make changes in the property tax schedule in connection with any prop…

property tax schedule. A. After the delivery of the property tax schedule to the county treasurer for a particular tax year, a property owner may bring an action in the district court requesting a change in the property tax schedule in connection with any property listed on the s…

action by the division in district court to enforce ordered changes. A. After the delivery of the property tax schedule to the county treasurer but before the tax bill is mailed for a particular tax year, the division may order the county assessor or county treasurer, or both, to…

report. A. All property subject to valuation for property taxation purposes by the department shall be reported annually to the department. The report required by this subsection shall be made by the owner of the property or such other person as may be authorized by rules of the …

exempt property. The division shall adopt regulations to insure that all real property owned by any nongovernmental entity and claimed to be exempt from property taxation under the provisions of Paragraph (1) of Subsection B of Section 7-36-7 NMSA 1978 shall be reported for valua…

action, department order or court order; collection of any additional property taxes due as result; refund of property taxes paid erroneously. A. If, as a result of actions authorized under Sections 7-38-77 through 7-38-79 NMSA 1978, the county assessor or county treasurer makes …

presumption of payment of property taxes after ten years. A. Property may not be sold and proceedings may not be initiated for the collection of property taxes that have been delinquent for more than ten years. B. Property that has not been included on a property tax schedule may…

assessment in the form of property taxes; presumption of payment after ten years. A. Property may not be sold and proceedings may not be initiated for the collection of any levy or assessment in the form of property taxes levied or assessed under the provisions of Sections 73-14-…

tax to ascertain the names of owners of property; use of term "unknown owner" prohibited except in certain cases; validity of procedures when name of owner is incorrect or unknown. A. It is the duty of all persons charged with the administration and collection of the property tax…

A. When the last day for performing an act falls on Saturday, Sunday or a legal state or national holiday, the performance of the act is timely if performed on the next succeeding day which is not a Saturday, Sunday or a legal state or national holiday. B. All acts required or pe…

A. Any notice that is required to be made to a property owner by the Property Tax Code is effective if mailed by regular first class mail to the property owner's last address or to the address of any person other than the owner to whom the tax bill is to be sent as shown by the v…

The director may extend any deadline in the Property Tax Code for a period of time not in excess of six months. However, this section does not permit the extension of deadlines for an individual property owner nor does it permit successive extensions of a deadline for a cumulativ…

The director may extend the time by which reports are required to be filed under Subsection A of Section 7-38-8 NMSA 1978 at the written request of the property owner. The request must be received by the department prior to the date by which the required report must be made. Exte…

provisions. A. Except for regulations promulgated by the department, regulations authorized or directed to be promulgated under the Property Tax Code may be promulgated by the authorized governmental agency without prior notice or hearing and shall become effective when filed in …

ANNOTATIONS Repeals. — Laws 1991, ch. 166, § 14 repealed 7-38-88 NMSA 1978, as enacted by Laws 1973, ch. 258, § 128, relating to procedures for adopting, amending or repealing certain department regulations, effective June 14, 1991. For provisions of former section, see the 1990 …

A. Any person who is or may be adversely affected by the adoption, amendment or repeal of a regulation promulgated by an authorized governmental agency other than the department under Section 7-38-87 NMSA 1978 may appeal that action to the court of appeals. All appeals shall be o…

A. Property shall be described for property taxation purposes by a description sufficiently adequate and accurate to identify it. Real property shall be described under a uniform system of real property description in accordance with regulations of the department. The department …

ANNOTATIONS Repeals. — Laws 1995, ch. 31, § 7 repealed 7-38-90 NMSA 1978, as enacted by Laws 1973, ch. 258, § 130, relating to administrative regulations, rulings, instructions and orders, presumption of correctness, effective July 1, 1995. For provisions of the former sections, …