New Mexico Administrative Code
Title 3 - TAXATION
Chapter 3 - PERSONAL INCOME TAXES
Part 14 - NEW SOLAR MARKET DEVELOPMENT INCOME TAX CREDIT
Section 3.3.14.9 - APPLICATION
Universal Citation: 3 NM Admin Code 3.3.14.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. To apply for a state tax credit an applicant shall submit an application for a certificate of eligibility to the division using either a department-developed application or an approved electronic application system as directed by the division director. The department will not accept paper applications or applications submitted by e-mail unless specifically authorized by the division. An applicant may obtain a state tax credit application form and system installation form from the division.
B. An application package shall include a completed state tax credit application form and written attachments for a solar thermal system or photovoltaic system. To be considered complete, an application must include the state tax credit application form and any required attachments; partial applications will not be accepted. An applicant shall submit one application package for each eligible solar energy system. After the department has certified a solar energy system, applicants may not amend the certified application package to seek additional credits for that system. If there are multiple owners of the property where the solar energy system is installed, a joint application must be submitted.
C. The application package shall meet the requirements of 3.3.14 NMAC. If an application package fails to meet a requirement, the department shall disapprove the application.
D. The completed application form shall consist of the following information:
(1) the
applicant's name, mailing address, e-mail address, telephone number and the
last four digits of the applicant's social security number or employer
identification number (EIN) provided by a business or agricultural
enterprise;
(2) the address where
the solar energy system is located, if located at a residence, business or
agricultural enterprise, or a location description if located at an
agricultural enterprise;
(3) the
solar energy system's type and description;
(4) the date the solar energy system was
installed;
(5) if a contractor
installed the solar energy system, the contractor's name, address, telephone
number, e-mail address, license category and license number;
(6) acknowledgement the applicant installed
the solar energy system, if applicable;
(7) the separately itemized net cost of
equipment, materials, and labor of installing the solar energy system,
excluding the expenses and income listed in 3.3.14 NMAC; and
(8) a statement the applicant signed and
dated, which signature may be a form of electronic signature if approved by the
department, agreeing that:
(a) all information
provided in the application package is true and correct to the best of the
applicant's knowledge;
(b)
applicant understands that there is annual aggregate cap on available state tax
credits in place for solar energy systems and that they are eligible for a
credit only in the year the system was installed, or, in the case of systems
installed in 2020, 2021, 2022 and 2023, tax year 2023;
(c) applicant understands that the department
must certify the solar energy system documented in the application package
before becoming eligible for a state tax credit;
(d) applicant agrees to make any changes the
department requires to the solar energy system for compliance with 3.3.14 NMAC;
and
(e) to ensure compliance with
3.3.14 NMAC, applicant agrees to allow the department or its authorized
representative to inspect the solar energy system described in the application
package at any time after the date of submittal of the application package
until three years after the department has certified the solar energy system,
upon the department providing a minimum of five days' notice to the
applicant.
E. An application package must contain the following information as attachments (the requirements in the subparagraph below depend on solar energy system location and whether application is seeking a state tax credit or a supplemental state tax credit):
(1) A
completed application package for solar energy systems installed in years 2024
and after on private land shall remit the following attachments:
(a) A current property tax bill or other
equivalent proof of ownership in the applicant's name for the residence,
business, or agricultural enterprise where the solar energy system is
installed. All names, partnerships and titles listed as property owners shall
be listed on application;
(b) A
Building Code Inspection report including the name of the building code
authority, the permit number, and the date of successful inspection, either
noted on a physical form, photo of inspection sticker, or a web-based report.
The department prefers the permit for electrical inspection over the general
building permit.
(c) An itemized
invoice documenting the equipment, materials, and labor costs of the solar
energy system, including but not limited to itemized accounting of permits,
design, equipment, material, categorized fees, and installation labor of the
solar energy system. For categorized fees please see Subsection C. of
3.3.14.14 NMAC; and
(d) The solar energy system's design
schematic and technical specifications.
(2) The application package remitted for
solar energy systems installed in years 2024 and after on lands of a federally
recognized Indian nation, tribe or pueblo and held in leasehold by that
taxpayer shall consist of the following information provided as attachments:
(a) A leasehold agreement, trust, allotment
of property or other equivalent proof that the property where the solar system
is installed is held on behalf of the individuals applying. All names,
partnerships and titles listed as leaseholders shall be listed on
application;
(b) For projects in
areas subject to a building code authority's inspection: the permit number and
issuance date, and date of successful inspection, if applicable, noted on a
physical form, photo of inspection sticker, or a web-based report the
applicable building code authority approves. For projects in areas not subject
to a building code authority's inspection, a certification from a licensed New
Mexico electrician that the solar energy system was properly integrated into
the applicable structure's electrical system;
(c) An itemized invoice documenting the
equipment, materials, and labor costs of the solar energy system, including but
not limited to itemized accounting of permits, design, equipment, material,
categorized fees, and installation labor of a solar energy system. For
categorized fees please see Subsection C. of
3.3.14.14 NMAC; and
(d) The solar energy system's design
schematic and technical specifications.
(3) The application package for a
supplemental state tax credit for a project purchased and installed in years
2020 through 2023 shall consist of the following information provided as
attachments:
(a) a current property tax bill
or other equivalent proof of ownership in the applicant's name for the
residence, business, or agricultural enterprise where the solar energy system
is installed. All names, partnerships and titles listed as property owners
shall be listed on application;
(b)
for projects on tribal lands: a leasehold agreement, trust, allotment of
property or other equivalent proof that the property where the solar system is
installed is held on behalf of the individuals applying. All names,
partnerships and titles listed as leaseholders shall be listed on
application;
(c) the equipment,
materials, and labor costs of a solar energy system the department certifies,
documented in an itemized invoice. The invoice shall itemize the following
costs including but not limited to permits, design, equipment, material,
categorized fees, and installation labor of a solar energy system. The
department may accept a purchase/installment agreement. For categorized fees
please see Subsection C. of
3.3.14.14 NMAC. If an applicant
cannot obtain an itemized invoice for a project installed in years 2020 through
2023, due to their contractor no longer being in business, the department may
accept at its sole discretion evidence of project costs, such as evidence of
total payments made and a certification that such payments did not include
otherwise excluded costs under categorized fees please see Subsection C. of
3.3.14.14 NMAC; and
(d) for projects in areas subject to a
building code authority's inspection: the permit number and issuance date, and
date of successful inspection, if applicable, noted on a physical form, photo
of inspection sticker, or a web-based report the applicable building code
authority approves; and
(e) for
projects in areas not subject to a building code authority's inspection, a
certification from a licensed New Mexico electrician that the solar energy
system was properly integrated into the applicable structure's electrical
system.
(f) the solar energy
system's design schematic and technical specifications.
(4) In addition to the requirements in the
preceding paragraphs, if the application is for a solar thermal system, a
completed solar thermal list form that includes the:
(a) manufacturer or supplier of system
components and their model numbers;
(b) number of collectors;
(c) collector aperture dimensions;
(d) orientation of collectors by providing
the azimuth angle from true south and tilt angle from horizontal;
(e) SRCC solar collector certification
identification number; and
(f)
manufacturer's specifications for collectors if collectors are
unglazed;
(5) In
addition to the requirements in the preceding paragraphs, if the application is
for a photovoltaic system, a completed solar photovoltaic list form that
includes the:
(a) manufacturer or supplier of
major system components and their model numbers;
(b) number of modules;
(c) module rated direct current power output
in watts under manufacturer's standard test conditions;
(d) collectors' orientation by providing the
azimuth angle from true south and tilt angle from horizontal;
(e) total inverter capacity in kilowatts if
an inverter is a part of the system;
(f) battery storage size and capacity in
kilowatts and kilowatt-hours, if battery storage is a part of the system;
and
(g) the building code
authority's permit number and issuance date, and date of successful inspection,
if applicable, noted on a physical form, photo of inspection sticker or a
web-based report the applicable building code authority approves.
(6) Other information the
department needs to evaluate the specific system type for
certification.
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