A. Except as provided in Subsection B of this section, tangible personal property owned by a person is exempt from property taxation.
B. The following tangible personal property owned by a person is subject to valuation and taxation under the Property Tax Code:
(1) livestock;
(2) manufactured homes;
(3) aircraft not registered under the Aircraft Registration Act [64-4-1 to 64-4-15 NMSA 1978];
(4) private railroad cars, the earnings of which are not taxed under the provisions of the Railroad Car Company Tax Act [Chapter 7, Article 11 NMSA 1978];
(5) tangible personal property subject to valuation under Sections 7-36-22 through 7-36-25 and 7-36-27 through 7-36-32 NMSA 1978;
(6) vehicles not registered under the provisions of the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] and for which the owner has claimed a deduction for depreciation for federal income tax purposes during any federal income taxable year occurring in whole or in part during the twelve months immediately preceding the first day of the property tax year; and
(7) other tangible personal property not specified in Paragraphs (1) through (6) of this subsection:
(a) that is used, produced, manufactured, held for sale, leased or maintained by a person for purposes of the person's profession, business or occupation; and
(b) for which the owner has claimed a deduction for depreciation for federal income tax purposes during any federal income taxable year occurring in whole or in part during the twelve months immediately preceding the first day of the property tax year.
History: 1953 Comp., § 72-1-21, enacted by Laws 1973, ch. 373, § 1 and recompiled as § 72-29-3.1 by Laws 1974, ch. 92, § 35; 1975, ch. 53, § 1; 1983, ch. 295, § 1; 1991, ch. 166, § 4; 1992, ch. 34, § 1; 1993, ch. 8, § 1; 1995, ch. 12, § 10.
Cross references. — For constitutional provision as to tax exempt property, see N.M. Const., art. VIII, § 3.
For constitutional provision as to head of family and veteran exemptions, see N.M. Const., art. VIII, § 5.
For constitution provision as to disabled veteran exemption, see N.M. Const., art. VIII, § 15.
The 1995 amendment, effective June 16, 1995, substituted "Tangible" for "Certain" and added "exceptions" in the section heading and rewrote the section to such an extent that a detailed comparison would be impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Classification, as real estate or personal property, of mobile homes or trailers for purposes of state or local taxation, 7 A.L.R.4th 1016.
Structure New Mexico Statutes
Article 36 - Valuation of Property
Section 7-36-1 - Provisions for valuation of property; applicability.
Section 7-36-2.1 - Classification of property.
Section 7-36-3.1 - Metropolitan redevelopment property; tax status of lessee's interests.
Section 7-36-3.2 - Enterprise zone property; tax status of lessee's interests.
Section 7-36-7 - Property subject to valuation for property taxation purposes.
Section 7-36-8 - Tangible personal property exempt from property tax; exceptions.
Section 7-36-14 - Taxable situs; allocation of value of property.
Section 7-36-15 - Methods of valuation for property taxation purposes; general provisions.
Section 7-36-18 - Collection and publication of property valuation data.
Section 7-36-20 - Special method of valuation; land used primarily for agricultural purposes.
Section 7-36-21 - Special method of valuation; livestock.
Section 7-36-21.2 - Limitation on increases in valuation of residential property.
Section 7-36-22 - Mineral property; definitions and classifications for valuation purposes.
Section 7-36-26 - Special method of valuation; manufactured homes.
Section 7-36-30 - Special methods of valuation; property that is part of a communications system.
Section 7-36-31 - Special method of valuation; operating railroad property.
Section 7-36-32 - Special method of valuation; commercial aircraft.
Section 7-36-33 - Special method of valuation; certain industrial and commercial personal property.