Current through Register Vol. 35, No. 18, September 24, 2024
A. An applicant may obtain a certificate of
eligibility application form from the department.
B. An application package shall include a
completed certificate of eligibility application form and attachments as
specified on the certificate of eligibility application form. The applicant
shall submit the completed certificate of eligibility application form and
required attachments at the same time. An applicant shall submit one
certificate of eligibility application for each biodiesel blending facility.
The applicant shall submit all material submitted in the application package on
81/2 inch by 11 inch paper.
C. An
applicant shall submit a complete application package to the department no
later than 90 days before the end of taxable year for which the applicant seeks
the biodiesel blending facility tax credit to allow time for approval and
issuance of an approved certificate of eligibility. The department reviews
application packages it receives after that date for the subsequent taxable
year.
D. The completed certificate
of eligibility application shall consist of the following information:
(1) taxpayer information, including the
applicant's name, mailing address, telephone number, biodiesel blending
facility tax credit's taxable year or years and CRS or taxpayer identification
number;
(2) blending equipment
information, including project location with county and legal description,
blending equipment type (splash or injection), blending equipment description,
blending equipment cost, blending equipment installation cost and date on which
the biodiesel blending equipment and facility went into operation;
(3) proof of ownership of the rack, design
schematic, equipment specifications and serial numbers, photographs,
installation/construction documents, storage and blending capacities,
description of operation, construction permit and environmental protection
agency related plans with engineer's stamp and final inspection
report;
(4) evidence of purchase of
equipment and installation including receipts and invoices; and
(5) applicant agreement stating that the
taxpayer agrees that all information in the application packet is true and
correct to the best of the applicant's knowledge, that the applicant has read
the certification requirements of 3.13.21 NMAC, that the applicant understands
that there is an annual aggregate biodiesel blending facility tax credit limit,
that the department must certify the biodiesel blending facility documented in
the application package is eligible for the biodiesel blending facility tax
credit and that the applicant allows the department or its authorized
representative to inspect the biodiesel blending facility that is described in
the application package from the application package's submittal to three years
after the department has certified the biodiesel blending facility upon the
department providing a minimum of five days notice to the applicant.
