Current through Register Vol. 35, No. 18, September 24, 2024
A. In order to receive a certificate of
eligibility for the tax credit, the applicant must submit an application for
the sustainable building tax credit after the building is completed, the
applicant has fulfilled all other requirements and the total annual cap for the
sustainable building tax credit has not been met. 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 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
commercial building. The applicant shall submit all material 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. An applicant shall submit a complete
application package to the division no later than April 30 of the taxable year
for which the applicant seeks the sustainable building tax credit. If an
applicant does not submit a complete application package by April 30, any
remaining sustainable commercial building tax credit funds under the cap may be
used in that taxable year for completed sustainable residential building
applications. The division 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 authorized representative
of the applicant, if different from the tax credit request form;
(3) the ending date of the applicant's
taxable year;
(4) the address of
the sustainable commercial 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 rating system
under which the sustainable commercial building was certified;
(7) the certification level
achieved;
(8) for non-multi-family
commercial buildings, the kilo British thermal units per square foot per year
anticipated as demonstrated in the energy model submitted for LEED
certification, broken out by all energy sources and including the percent of
use for each energy source;
(9) for
non-multi-family commercial buildings, revised documentation of the energy
reduction requi rement, if the percent of use of any energy source for the
energy model is different from the original energy target documentation by more
than 10 percent;
(10) the qualified
occupied square footage of the sustainable commercial building;
(11) the date of certification;
(12) for multi-family commercial buildings,
the HERS index; and
(13) a
statement signed and dated by the applicant or an authorized representative of
the applicant, which may be a form of electronic signature if approved by the
department, asserting 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) all inputs for the energy reduction
requirements are the same as the inputs for the energy model;
(c) if an onsite solar system is used to meet
the requirements of either the 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 in place 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 tax year in which the sustainable
commercial building was certified or if the applicant submitted the application
after April 30 or the sustainable building tax credit's annual cap has been
reached for the next tax 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 current warranty 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 commercial building;
(2) a copy of the rating system certification
form;
(3) a copy of the final LEED
project info or project summary that shows the building's square
footage;
(4) a copy of the final
certification review LEED checklist that shows the LEED credits
achieved;
(5) for non-multi-family
commercial buildings, a copy of the final LEED optimize 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 non-multi-family commercial
buildings, 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 10 percent; and
(7) a copy of the final LEED enhanced
commissioning template, if available under the applicable LEED rating
system;
(8) for multi-family
commercial buildings, 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
(9) other information
the department needs to review the building project for the sustainable
building tax credit.
