Current through Register Vol. 35, No. 6, March 26, 2024
A. To obtain the 2015 sustainable building
tax credit, a taxpayer shall apply for a certificate of eligibility with the
department using either a department-developed application form or approved
electronic application system as directed by the division director. An
applicant may obtain the department-developed application form or access to the
electronic application system from the department.
B. An application package shall include a
completed application form and attachments as specified on the application form
or by the electronic application system. The applicant shall submit the
application form and required attachments at the same time. An applicant shall
submit one application package for each sustainable building. The applicant
shall submit all material in the application package on 8½ inch by
11-inch paper or using any approved electronic application system provided by
the department as directed by the division director. If the applicant fails to
submit the application form and required attachments at the same time as
required by the division director the department may consider the application
incomplete.
C. An applicant shall
submit a complete application package to the department no later than February
1 of the taxable year for which the applicant seeks the 2015 sustainable
building tax credit. If an applicant does not submit a complete application
package by February 1, any remaining 2015 sustainable building tax credit funds
under the cap may be used in that taxable year for completed 2015 sustainable
building applications in another category. The department may review
application packages it receives after that date for the subsequent calendar
year if the tax credit remains in effect.
D. The completed application form shall
consist of the following information:
(1) the
applicant's name, mailing address, telephone number and taxpayer identification
number;
(2) the name of the
applicant's authorized representative;
(3) the ending date of the applicant's
taxable year;
(4) the address of
the sustainable building, including the property's legal description;
(5) whether the applicant was the building
owner at time of certification or a subsequent purchaser;
(6) the qualified occupied square footage of
the sustainable residential or commercial buildings for projects eligible under
LEED or build green New Mexico;
(7)
the rating system under which the sustainable residential or commercial
building was certified for projects eligible under LEED or build green New
Mexico;
(8) the certification level
achieved, if applicable;
(9) the
HERS index; if applicable;
(10)
documentation that applicant meets water efficiency standards to comply with
water efficiency requirements of LEED and build green New Mexico
programs;
(11) the date of rating
system certification;
(12) project
completion date;
(13) notice of
approval from a code official shall be provided to document that construction,
renovation or installation of project was completed before April 1, 2023;
and
(14) a statement signed and
dated by the applicant, which 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 under penalty of perjury;
(b) applicant has read the requirements
contained in 3.3.34 NMAC;
(c) if an
onsite solar system is used to meet the requirements of either the rating
system certification level applied for in the 2015 sustainable building tax
credit or the energy reduction requirement achieved, the applicant did not
claim a solar market development tax credit;
(d) applicant understands that there are
annual caps for the 2015 sustainable building tax credit;
(e) applicant understands that the department
must verify the documentation submitted in the application package before the
department issues a certificate of eligibility for a 2015 sustainable building
tax credit; and
(f) applicant
understands that the department issues a certificate of eligibility for the
taxable year in which the sustainable building was certified or, if the 2015
sustainable building tax credit's annual cap has been reached, for the next
taxable year in which funds are available.
E. In addition to the application form, the
application package shall consist of the following information provided as
attachments:
(1) a copy of a deed, property
tax bill or ground lease in the applicant's name as of or after the date of
certification for the address or legal description of the sustainable
building;
(2) a copy of the rating
system certification form;
(3) a
copy of the final certification review checklist that shows the points
achieved, if applicable;
(4) a copy
of a HERS certificate, from a RESNET (or a rating network that has the same
standards as RESNET) accredited HERS provider, using software RESNET lists as
eligible for certification of the federal tax credit, showing the building has
achieved a HERS index of 60 or lower;
(5) for sustainable commercial buildings that
are not multifamily dwelling units, a copy of the final LEED optimized energy
performance template or templates, signed by a New Mexico licensed design
professional, that the applicant submitted for LEED certification including the
results of the energy model that shows the kilo british thermal units per
square foot per year for the sustainable commercial building;
(6) for sustainable commercial buildings that
are not multifamily dwelling units, revised documentation of the energy
reduction requirement, if the percent of use of any energy source for the
energy model is different from the original energy target documentation by more
than ten percent;
(7) a copy of the
final LEED enhanced commissioning template, if available under the applicable
LEED rating system;
(8) for
multifamily dwelling units, a copy of a HERS certificate from a RESNET (or a
rating network that has the same standards as RESNET) accredited HERS provider,
using software the internal revenue service lists as eligible for certification
of the federal tax credit, showing the building has achieved a HERS index of 60
or lower;
(9) documentation to show
project completion date such as a copy of a notice of approval from a building
official; and
(10) other
information the department needs to review the building project for the 2015
sustainable building tax credit.
F. If the requirements established by the
department have been complied with, the department shall issue to the building
owner a document granting a 2015 sustainable building tax credit with an
identification number, date of issuance, the rating system certification level
awarded to the building, the amount of qualified occupied square footage in the
building and a calculation of the maximum amount of the 2015 sustainable
building tax credit for which the building owner would be eligible.
