Current through Register Vol. 35, No. 18, September 24, 2024
A. In order to obtain the sustainable
building tax credit, a taxpayer shall apply for a certificate of eligibility
with the division on a division-developed form. An applicant may obtain an
application form from the division.
B. An application package shall include a
completed application form and attachments as specified on the application
form. The applicant shall submit the application form and required attachments
at the same time. An applicant shall submit one application form for each
sustainable residential building. The applicant shall submit all material
submitted in the application package on 81/2 inch by 11 inch paper. If the
applicant fails to submit the application form and required attachments at the
same time or on 81/2 inch by 11 inch paper the division may consider the
application incomplete.
C. 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
residential 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 building;
(7) the rating system under which the
sustainable residential building was certified;
(8) the certification level achieved, if
applicable;
(9) the HERS
index;
(10) the date of rating
system certification;
(11) 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 3.4.16 NMAC;
(c) if an
onsite solar system is used to meet the requirements of either the rating
system certification level applied for in the sustainable building tax credit
or the energy reduction requirement achieved, the applicant has not applied for
and will not apply for a solar market development tax credit;
(d) applicant understands that there are
annual caps for the sustainable building tax credit;
(e) applicant understands that the division
must verify the documentation submitted in the application package before the
department issues a certificate of eligibility for a sustainable building tax
credit; and
(f) applicant
understands that the department issues a certificate of eligibility for the
taxable year in which the sustainable residential building was certified or, if
the sustainable building tax credit's annual cap has been reached, for the next
taxable year in which funds are available; and
(12) a project number the division assigns to
the tax credit application.
D. 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
residential 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 the internal revenue service lists as eligible
for certification of the federal tax credit, showing the building has achieved
a HERS index of sixty or lower; and
(5) other information the department needs to
review the building project for the sustainable building tax credit.
