A tax is imposed upon all property subject to valuation for property taxation purposes under Article 36 of Chapter 7 NMSA 1978. The tax shall be imposed at the rates authorized and in the manner and for the purposes specified in this article.
History: 1953 Comp., § 72-30-2, enacted by Laws 1973, ch. 258, § 35; 1982, ch. 28, § 6.
Temporary provisions. — Laws 2020 (1st S.S.). ch. 4, § 4, effective June 29, 2020, provided:
A. Notwithstanding Sections 7-1-67 and 7-1-69 NMSA 1978, no interest shall accrue and no penalty shall be assessed to a taxpayer for:
(1) tax liabilities pursuant to the Income Tax Act or the Corporate Income and Franchise Tax Act for failure to pay the tax that became due April 15, 2020 through July 15, 2020; provided that the failure to pay the tax was made without intent to evade or defeat the tax; and provided further that payment for the unpaid payments is made in full on or before April 15, 2021;
(2) tax liabilities pursuant to the Withholding Tax Act for failure to pay the tax that became due March 25, 2020 through July 25, 2020; provided that the failure to pay the tax was made without intent to evade or defeat the tax; and provided further that payment for the unpaid taxes is made in full on or before April 25, 2021;
(3) gross receipts tax, local option gross receipts tax or compensating tax liabilities for failure to pay any of those taxes that became due March 25, 2020 through July 25, 2020; provided that the failure to pay the tax was made without intent to evade or defeat the tax; and provided further that payment for the unpaid taxes is made in full on or before April 25, 2021; and
(4) tax liabilities assessed between September 3, 2019 and January 3, 2020 as the result of a managed audit performed in accordance with a managed audit agreement pursuant to Section 7-1-11.1 NMSA 1978; provided that payment for those liabilities is made pursuant to terms of the managed audit agreement on or before December 31, 2020.
B. Notwithstanding Sections 7-38-49 and 7-38-50 NMSA 1978, no interest shall accrue and no penalty shall be assessed to a property owner for unpaid property taxes that became due April 10, 2020 pursuant to Section 7-38-38 NMSA 1978; provided that:
(1) the unpaid property taxes did not become delinquent because of an intent to defraud by the property owner;
(2) payment for the unpaid property taxes is made in full on or before May 10, 2021; and
(3) the subject property does not have property taxes that became delinquent pursuant to Section 7-38-46 NMSA 1978 prior to May 10, 2020.
Department found in contempt for failing to value and assess high-voltage transmission lines for property taxes. — Where petitioners petitioned for a writ of mandamus to compel the New Mexico taxation and revenue department (department) to establish values for two high-voltage transmission lines in Harding county and report those values to the Harding county assessor so that property taxes could be assessed on the lines, and where the district court issued the peremptory writ, determining that the transmission lines were taxable, and ordered the department to complete the valuation processes for the two transmission lines, timely conclude any protests, and certify the values to the county assessor for preparation of a bill for the property tax due, and where, following an administrative hearing officer's conclusion that the transmission lines did not have any value for tax assessment purposes, the department certified that the transmission lines were not taxable, which was contrary to the district court's order, and certified to the district court that the department complied with the court's order, and where petitioners then filed a motion for an order to show cause, arguing that the department had not complied with the peremptory writ, the district court did not abuse its discretion in holding the department in contempt and in awarding petitioners attorney fees as sanctions, because the department admittedly failed to act in accordance with the dictates of the law after the district court ordered the department to act and after the department was given notice and an opportunity to be heard. Harding Cnty. Bd. of Comm'rs v. N.M. Tax'n & Revenue Dep't, 2021-NMSC-007, aff'g A-1-CA-36305, mem. op. (May 24, 2019) (nonprecedential).
Structure New Mexico Statutes
Article 37 - Imposition of Property Tax
Section 7-37-1 - Provisions for imposition of tax; applicability.
Section 7-37-2 - Imposition of the tax.
Section 7-37-3 - Tax ratio established.
Section 7-37-4 - Head-of-family exemption.
Section 7-37-5 - Veteran exemption.
Section 7-37-5.1 - Disabled veteran exemption.
Section 7-37-5.3 - Veterans' organization exemption.
Section 7-37-5.4 - Property owned by a disabled veteran is exempt from a special benefit assessment.
Section 7-37-6 - Rate of tax cumulative; determination; governmental units' entitlement to tax.
Section 7-37-7 - Tax rates authorized; limitations.
Section 7-37-7.1 - Additional limitations on property tax rates.