New Mexico Administrative Code
Title 3 - TAXATION
Chapter 3 - PERSONAL INCOME TAXES
Part 29 - SUSTAINABLE BUILDING TAX CREDIT FOR RESIDENTIAL BUILDINGS
Section 3.3.29.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. "Annual cap" means the annual total amount of the sustainable building tax credit available to taxpayers owning sustainable residential buildings.
B. "Applicant" means a taxpayer who owns a sustainable residential building in New Mexico and who desires to have the department issue a certificate of eligibility for a sustainable building tax credit.
C. "Application package" means the application documents an applicant submits to the division to receive a certificate of eligibility for a sustainable building tax credit.
D. "Build green New Mexico certification" means the verification by a department-approved verifier, that a building project has met certain prerequisites and performance benchmarks or credits within each category of the build green New Mexico rating system resulting in the issuance of a certification document.
E. "Build green New Mexico rating system" means the certification standards adopted by the homebuilders association of central New Mexico.
F. "Certification" means build green New Mexico certification, LEED certification or energy star qualified.
G. "Certificate of eligibility" means the document, with a unique identifying number that specifies the amount and taxable year for the approved sustainable building tax credit.
H. "Certification level" means one of the following:
I. "Department" means the energy, minerals and natural resources department.
J. "Division" means the department's energy conservation and management division.
K. "Energy reduction requirements" means has achieved a HERS index of 60 or lower.
L. "Energy star" means a joint program of the United States environmental protection agency and the United States department of energy that qualifies homes based on a predetermined threshold of energy efficiency.
M. "Energy star qualified manufactured home" means a home that an in state or out of state energy star certified plant has certified as being designed, produced and installed in accordance with energy star's guidelines.
N. "HERS" means home energy rating system as developed by RESNET.
O. "HERS index" means a relative energy use index, where 100 represents the energy use of a home built to a HERS reference house and zero indicates that the proposed home uses no net purchased energy.
P. "LEED" means the most current leadership in energy and environmental design green building rating system guidelines the U. S. green building council developed and adopted.
Q. "LEED certification" means the verification by the U.S. green building council, or a department-approved verifier, that a building project has met certain prerequisites and performance benchmarks or credits within each category of the LEED-H rating system resulting in the issuance of a certification document.
R. "LEED-H" means the LEED rating system for homes.
S. "Manufactured housing" means a multisectioned home that is:
T. "Person" does not include state, local government, public school district or tribal agencies.
U. "Qualified occupied square footage" means the occupied spaces of the building as determined by:
V. "Rating system" means the LEED-H rating system, the build green New Mexico rating system or the energy star program for manufactured housing.
W. "RESNET" means the residential energy services network, an industry not-for-profit membership corporation and national standards making body for building energy efficiency rating systems.
X. "Solar market development tax credit" means the personal income tax credit the state of New Mexico issues to a taxpayer for a solar energy system the department has certified.
Y. "Sustainable building tax credit" means the personal income tax credit the state of New Mexico issues to an applicant for a sustainable residential building.
Z. "Sustainable residential building" means:
AA. "Taxpayer" means any individual subject to the tax imposed by the Income Tax Act, NMSA 1978, Section 7-2-1 et seq.
BB. "Taxpayer identification number" means the taxpayer's nine digit social security number.
CC. "Tribal" means of, belonging to or created by a federally recognized Indian nation, tribe or pueblo.
DD. "Verifier" means an entity the department approves to provide certifications for homes under the build green New Mexico or LEED-H rating systems.