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. 6, March 26, 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 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. 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 3.3.14 NMAC's requirements. 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 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 net cost of equipment, materials and labor of 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 may be a form of electronic signature if approved by the department, agreeing:
(a) all information provided in the application package is true and correct to the best of the applicant's knowledge;

(b) applicant has read the certification requirements contained in 3.3.14 NMAC;

(c) applicant understands that there is annual aggregate cap on available state tax credits in place for solar energy systems and they are only eligible for a credit in the year the system was installed;

(d) applicant understands the department must certify the solar energy system documented in the application package before becoming eligible for a state tax credit;

(e) applicant agrees to make any changes the department requires to the solar energy system for compliance with 3.3.14 NMAC; and

(f) 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. The application package shall consist of the following information provided as attachments:

(1) a copy of 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 located;

(2) a copy of the invoice of itemized equipment and labor costs for the solar energy system;

(3) a copy of the solar energy system's design schematic and technical specifications as described in 3.3.14 NMAC;

(4) a completed system installation form;

(5) if 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;

(f) a description of the freeze protection;

(g) a description of overheating protection;

(h) thermal storage fluid or material and its volume, if thermal storage is a part of the system and if the thermal storage does not have energy provided from a non-solar or non-renewable source; and

(i) manufacturer's specifications for collectors, if collectors are unglazed;

(6) if 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; and

(f) battery storage size and capacity in kilowatts and kilowatt-hours, if battery storage is a part of the system; and

(7) other information the department needs to evaluate the specific system type for certification.

F. The completed system installation form shall include the following information:

(1) printed name of the applicant who is identified on the application form;

(2) printed name, title and telephone number of the contractor's authorized representative, if applicable, who approved the system installation form;

(3) printed organizational name, e-mail address and telephone number of the building code authority issuing the building permit, if applicable;

(4) date on which solar energy system installation was complete and received a passing inspection pursuant to applicable rules or code if applicable;

(5) if a contractor installed the solar energy system, a statement the contractor's authorized representative has signed and dated, which may be a form of electronic signature if approved by the department, agreeing:
(a) the solar energy system was installed in full compliance with all applicable federal, state and local government statutes or ordinances, rules or regulations and codes and standards in effect at the time of installation;

(b) contractor has read 3.3.14 NMAC's certification requirements;

(c) the date on which the solar energy system received a passing inspection pursuant to applicable rules or code if applicable;

(d) the installed solar energy system will work properly with regular maintenance; and

(e) contractor provided written operations and maintenance instructions to the applicant and posted a one-page summary of these instructions in a sheltered accessible location acceptable to the applicant and which is near or at the solar energy system's array or balance of system components; and

(6) 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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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