New Mexico Administrative Code
Title 3 - TAXATION
Chapter 4 - CORPORATE INCOME TAXES
Part 19 - CERTIFICATION FOR TAX CREDIT FOR GEOTHERMAL GROUND-COUPLED HEAT PUMPS
Section 3.4.19.9 - APPLICATION

Universal Citation: 3 NM Admin Code 3.4.19.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. To apply for the tax credit an applicant shall submit a complete application package to the division. An applicant may obtain the tax credit application form and system installation form from the division to submit as part of the package.

B. An application package shall include a completed tax credit application form and written attachments for a geothermal ground-coupled heat pump system. The applicant shall submit the tax credit application form together with all attachments required as a complete application package. An applicant shall submit one application package for each geothermal ground-coupled heat pump system. All material submitted in the application package shall be provided on 81/2-inch x 11-inch paper.

C. The completed application form shall include the following information:

(1) the taxpayer's name, mailing address, telephone number and taxpayer identification number;

(2) the address where the geothermal ground-coupled heat pump system is located;

(3) the geothermal ground-coupled heat pump system's type and description;

(4) the date the geothermal ground-coupled heat pump system started continuous operation;

(5) the installer's name, address, telephone number, license category and license number;

(6) the net cost of equipment, materials and labor of the geothermal ground-coupled heat pump system, excluding the expenses and income listed in 3.4.19.13 NMAC;

(7) a statement, signed and dated by the applicant, which signature may be electronic if approved by the department, agreeing that:
(a) all information provided in the application package is true and correct;

(b) applicant has read the certification requirements contained in 3.4.19 NMAC;

(c) applicant understands that there are annual aggregate tax credit limits in place for geothermal ground-coupled heat pump systems;

(d) applicant understands that the department must approve the application package before the applicant is eligible for a tax credit;

(e) applicant agrees to make changes the department requires to the geothermal ground-coupled heat pump system for compliance with 3.4.19 NMAC; and

(f) to ensure compliance with 3.4.19 NMAC, applicant agrees to allow the division or its authorized representative to inspect the geothermal ground-coupled heat pump system that is described in the application package at any time after the submission of the application package with not less than five business days notice to the applicant; and

(8) a system certification number the division assigns to the application.

D. The application package shall meet 3.4.19 NMAC's requirements and be materially complete.

E. The application package shall include the following information provided as attachments:

(1) a copy of the most recent property tax bill to the taxpayer for the residence where the geothermal ground-coupled heat pump system is located;

(2) a copy of the invoice of itemized equipment and labor costs for the geothermal ground-coupled heat pump system;

(3) a copy of the geothermal ground-coupled heat pump system's design schematic and technical specifications as described in 3.4.19 NMAC;

(4) a photograph of the geothermal ground-coupled heat pump system after installation is completed;

(5) a completed system installation form;

(6) a completed taxpayer and installer statement, with information about the geothermal ground-coupled heat pump that includes:
(a) manufacturer or supplier of system components and the system compenents' model numbers;

(b) number of well borings (if applicable);

(c) a description of horizontal trenching (if applicable);

(d) a description of a water source system component (if applicable);

(7) if the system was installed using vertical or horizontal directional boreholes, the applicant shall provide the following information:
(a) drilling operator;

(b) office of the state engineer exploratory permit number and approval date (if required);

(c) drilling method;

(d) borehole diameter;

(e) number of boreholes drilled;

(f) general description of subsurface geology or copies of drillers logs;

(g) depth of the boreholes;

(h) distance between boreholes;

(i) depth to ground water (indicate if ground water not encountered);

(j) whether the system is an "open" or "closed" loop design; and

(8) if the system was installed using horizontal trenching, the applicant shall provide the following information:
(a) length, width and depth of the trench or trenches; and

(b) general description of subsurface geology.

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

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

(2) printed name, title and telephone number of the installer who signs the system installation form;

(3) printed name, title and telephone number of the building code authority's authorized representative, if applicable, who approves the system installation form;

(4) date on which the geothermal ground-coupled heat pump system installation was complete and ready to operate;

(5) a statement that the installer has signed and dated, which may be a form of electronic signature if approved by the department, certifying that:
(a) the geothermal ground-coupled heat pump system was installed in full compliance with all applicable federal, state and local government statutes or ordinances, rules or regulations and codes and standards that are in effect at the time of installation;

(b) the installer has read 3.4.19 NMAC's certification requirements;

(c) the installed geothermal ground-coupled heat pump system will work properly with regular maintenance; and

(d) the installer 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 taxpayer and that is near or at the geothermal ground-coupled heat pump system's components;

(6) documentation of the total geothermal ground-coupled heat pump system size.

G. The application form shall request that the applicant provide the following optional information:

(1) taxpayer's email address; and

(2) contractor's email address.

H. The application form shall include optional selections where the applicant can indicate interest in allowing the department to take the following actions. Selection of such options by the applicant shall not create in the department an obligation to take such action:

(1) adding energy monitoring equipment to the geothermal ground-coupled heat pump system;

(2) conducting an analysis of geothermal ground-coupled heat pump system operation and performance; or

(3) conducting an analysis of taxpayer's utility bill records.

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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