Current through Register Vol. 35, No. 18, September 24, 2024
A.
No qualified business facility
rehabilitation credit allowed for cultural or historic properties. No
qualified business facility rehabilitation credit will be allowed for any
qualified business facility that is also:
(1)
a building listed on the official New Mexico register of cultural properties as
those terms are defined in section 1 of the cultural properties review
committee Rule 84-1; or
(2) a
building listed on the national register or determined to be contributing to a
national register district.
B.
No qualified business facility
rehabilitation credit allowed for costs qualifying for credit under Investment
Credit Act. Any expenditure by an owner of a qualified business facility
that would qualify for the investment credit provided by the Investment Credit
Act may not also be used as the basis for claiming the credit provided in
Section
7-2-18.4
NMSA 1978.
C.
Costs
qualifying for the credit. The following costs may be included in
determining the qualified building rehabilitation credit:
(1) architectural and engineering services
related directly to the restoration, rehabilitation or renovation
project;
(2) inspection reports,
such as structural conditions or environmental inspections;
(3) building permits and fees;
(4) abatement programs, such as asbestos
abatement or lead-based paint abatement;
(5) all direct materials costs used in the
project, including energy upgrading materials such as insulation or interior
storm windows;
(6) all direct labor
costs used in the project, except for salary paid to the owner for the owner's
own labor;
(7) all direct materials
and labor costs incurred for compliance with the Americans With Disabilities
Act;
(8) rental of equipment
necessary for project completion, such as tools and machinery;
(9) purchase of tools where the life
expectancy of the tool is not longer than the life of the project, such as
paint brushes and drop cloths;
(10)
upgrade of utilities to meet current codes, including plumbing, mechanical and
electrical;
(11) upgrade of
utilities connections, including water, gas, electricity and
telecommunications;
(12) exterior
lighting, security lighting, light fixtures, and alarm systems;
(13) repair or replacement of existing
bathroom plumbing fixtures;
(14)
New Mexico gross receipts and compensating taxes; and
(15) liability, fire, and workers'
compensation insurance premiums during the time of work on the
project.
D.
Costs
not qualifying for the credit. The following costs may not be included
in determining the qualified business facility rehabilitation credit:
(1) all acquisition costs of the qualified
business facility, such as surveys, appraisals, loan fees, commissions, legal
fees;
(2) architectural,
engineering and planning services related to expansion of or additions to a
building if the expansion or addition increases the usable square footage of
the building by more than ten percent;
(3) accounting fees;
(4) office supplies, bank fees and charges,
film and similar expenditures;
(5)
automotive repairs, maintenance and gasoline;
(6) furnishings, including furniture, floor
coverings and carpeting, wall coverings, window coverings, and
linens;
(7) purchase of tools where
the life expectancy of the tool is longer than the life of the project, such as
ladders, drills, and saws;
(8)
landscaping;
(9) bathroom
accessories;
(10) kitchen
appliances, cabinets, and accessories;
(11) meals and food;
(12) membership fees or dues;
(13) property damaged at or stolen from a
project site; and
(14) routine
maintenance including, but not limited to, cleaning, painting, minor repairs
and periodic upkeep except where these items are part of an initial overall
restoration, rehabilitation or renovation project.
E.
"Single project" defined.
(1) Except as otherwise provided in this
subsection (3.3.13.11E NMAC), credit for restoring, rehabilitating or
renovating a qualified business facility may be claimed only once for a
building, although the actual period of time during which that restoration,
rehabilitation or renovation occurs may be as long as three consecutive,
calendar years.
(2) If a qualified
business facility has been restored, rehabilitated or renovated and has been
put into service by a person in the manufacturing, distribution or service
industry immediately following the restoration, rehabilitation or renovation,
the person claims and is granted a credit under either Section
7-2-18.4
or Section
7-2A-15
NMSA 1978 and the qualified business facility is subsequently taken out of
service by that person and remains vacant for twenty-four consecutive calendar
months, a credit may be claimed for additional costs of restoration,
rehabilitation or renovation for that building, provided all other requirements
of Section
7-2-18.4
NMSA 1978 are met.
F.
Prior approval required to qualify for credit.
(1) No qualified business facility
rehabilitation credit will be allowed unless the taxpayer has submitted a plan
and specifications for the restoration, rehabilitation or renovation of a
qualified business facility to the New Mexico enterprise zone program officer
of the economic development department and received approval from the New
Mexico enterprise zone program officer for the plan and specifications prior to
commencement of the restoration, rehabilitation or renovation
(2) In addition, the taxpayer must receive
certification from the New Mexico enterprise zone program officer after
completing the restoration, rehabilitation or renovation that it conformed to
the plan and specifications.
G.
Filing requirements.
(1) The claim for the qualified business
facility rehabilitation credit shall consist of the certification from the New
Mexico enterprise zone program officer and a completed claim form provided by
the department.
(2) The
certification and claim form must be submitted with and attached to the New
Mexico personal income tax return for the year or years in which the
restoration, rehabilitation or renovation is carried out.
H.
Record retention
requirements.
(1) The original
contracts, invoices, bills, statements and other documents showing the costs
incurred for the year or years in which a qualified business facility
rehabilitation credit is claimed must be retained for three calendar years
following the close of the calendar year in which the credit is
claimed.
(2) Copies of the original
contracts, invoices, bills, statements and other documents must be provided to
the department on written request or during the course of an audit.
I.
Claim for qualified
business facility rehabilitation credit deriving from partnership, joint
venture or limited liability company.
(1) An individual who is a partner in a
partnership or joint venture or who is a shareholder in a limited liability
company that is not required to file and pay income taxes as a corporation
under the Internal Revenue Code may claim a credit against the individual's New
Mexico personal income tax due in an amount equal to the individual's pro rata
share of the qualified business facility rehabilitation credit of the
partnership, joint venture or limited liability company. The total aggregate
credit for all partners or shareholders shall not exceed an amount equal to one
half the cost of restoration, rehabilitation or renovation or fifty thousand
dollars ($50,000), whichever is less, for a single restoration, rehabilitation
or renovation project for any qualified business facility.
(2) An individual claiming the qualified
business facility rehabilitation credit derived from a partnership, joint
venture or limited liability company shall claim the credit in the same manner
as specified in Subsections F and G of Section 3.3.13.11 NMAC but shall also
provide a schedule listing the names, addresses and social security numbers or
federal employer identification numbers of all partners in the partnership or
joint venture or the shareholders in the limited liability company, the pro
rata share of the credit of each partner or shareholder and the federal
employer identification number and New Mexico CRS identification number, if
any, of the partnership, joint venture or limited liability company.
J.
S-corporation claim for
qualified business facility rehabilitation credit.
(1) A shareholder in an S-corporation may
claim a credit against the individual's New Mexico personal income tax due in
an amount equal to the individual's pro rata share of the qualified business
facility rehabilitation credit of the S-corporation. The total aggregate credit
for all shareholders shall not exceed an amount equal to one half the cost of
restoration, rehabilitation or renovation or fifty thousand dollars ($50,000),
whichever is less, for a single restoration, rehabilitation or renovation
project for any qualified business facility.
(2) An individual claiming the qualified
business facility rehabilitation credit derived from an S-corporation shall
claim the credit in the same manner as specified in Subsections F and G of
Section 3.3.13.11 NMAC but shall also provide a schedule listing the names,
addresses and social security numbers of the shareholders in the S-corporation,
the pro rata share of the credit of each shareholder and the S-corporation's
federal employer identification number and New Mexico CRS identification
number, if any.
K.
Total claimable in a year may exceed $50,000.
(1) No individual may claim nor may the
department allow a credit in excess of $50,000 for any single project. An
individual, however, may be involved in several different approved projects. If
the individual's share of allowable credits from the several projects exceeds
$50,000, the individual may claim and the department may allow an aggregate
credit amount which exceeds $50,000.
(2) Example: An individual owns a qualified
business facility and is also a shareholder in an S-corporation and in a
limited liability company, both of which also own qualified business
facilities. All three undertake restoration, renovation or rehabilitation
projects on their respective buildings within the same year. The individual
earns credits of $40,000 from the individual's own building, and $20,000 and
$12,000 shares from the other two. The individual may claim a credit equal to
the sum of the individual's share from the three projects, or $72,000. If,
however, the $72,000 exceeded the individual's income tax liability before
application of this credit, then the excess would have to be carried into
succeeding taxable years.
L.
Priority in claiming. An
individual who has both an amount of carryover credit from a prior taxable year
and a new credit amount derived from a qualifying restoration, rehabilitation
or renovation project in the taxable year for which the return is being filed
shall first apply the amount of carryover credit against the individual's
income tax liability. If the amount of the liability exceeds the amount of the
carryover credit, then the current year credit may be applied against the
liability.