New Mexico Statutes
Article 38 - Administration and Enforcement of Property Taxes
Section 7-38-20 - County assessor and department to mail notices of valuation.

A. By April 1 of each year, the county assessor shall mail a notice to each property owner informing the property owner of the net taxable value of the property owner's property that has been valued for property taxation purposes by the assessor and other related information as required by Subsection D of this section.
B. By May 1 of each year, the department shall mail a notice to each property owner informing the property owner of the net taxable value of the property owner's property that has been valued for property taxation purposes by the department and other related information as required by Subsection D of this section.
C. Failure to receive the notice required by this section does not invalidate the value set on the property, any property tax based on that value or any subsequent procedure or proceeding instituted for the collection of the tax.
D. The notice required by this section shall state:
(1) the property owner's name and address;
(2) the description or identification of the property valued;
(3) the classification of the property valued;
(4) the value set on the property for property taxation purposes;
(5) the tax ratio;
(6) the taxable value of the property for the previous and current tax years;
(7) the tax rate from the previous tax year;
(8) the amount of tax from the previous tax year;
(9) with respect to residential property, instructions for calculating an estimated tax for the current tax year, which shall be prominently displayed on the front of the notice, and a disclaimer for such instructions similar to the following:
"The calculation of property tax may be higher or lower than the property tax that will actually be imposed.";
(10) the amount of any exemptions allowed and a statement of the net taxable value of the property after deducting the exemptions;
(11) the allocations of net taxable values to the governmental units;
(12) briefly, the eligibility requirements and application procedures and deadline for claiming eligibility for a limitation on increases in the valuation for property taxation purposes of a single-family dwelling owned and occupied by a person sixty-five years of age or older; and
(13) briefly, the procedures for protesting the value determined for property taxation purposes, classification, allocation of values to governmental units or denial of a claim for an exemption or for the limitation on increases in valuation for property taxation purposes.
E. The county assessor may mail the valuation notice required pursuant to Subsection A of this section to taxpayers with the preceding tax year's property tax bills if the net taxable value of the property has not changed since the preceding taxable year. In this early mailing, the county assessor shall provide clear notice to the taxpayer that the valuation notice is for the succeeding tax year and that the deadlines for protest of the value or classification of the property apply to this mailing date.
History: 1953 Comp., § 72-31-20, enacted by Laws 1973, ch. 258, § 60; 1974, ch. 92, § 10; 1981, ch. 37, § 70; 1996, ch. 39, § 1; 2001, ch. 321, § 4; 2012, ch. 60, § 1.
Cross references. — For mailing of notices, see 7-38-84 NMSA 1978.
The 2012 amendment, effective July 1, 2012, required the county assessor to include in the notice of valuation of residential property the taxable values and tax rates for the previous and current tax years and instructions for calculating an estimated tax for the current tax year; in Subsection A, after "valued tor property taxation purposes by the assessor", added the remainder of the sentence; in Subsection B, after "valued for property taxation purposes by the department", added the remainder of the sentence; and in Subsection D, in Paragraph (6), after "property", added the remainder of the sentence, and added Paragraphs (7), (8) and (9).
The 2001 amendment, effective April 5, 2001, inserted present Paragraph D(9); designated former Paragraph D(9) as (10); and added the language beginning "or for the limitation on increases" at the end of Paragraph D(10).
The 1996 amendment, effective May 15, 1996, substituted "department" for "division" in the section heading and in Subsection B, and added Subsection E.
Notice not intended for relief or advantage of taxpayer. — The requirement that the county treasurer (now the county assessor) give written notice to each taxpayer of the amount of his tax adds nothing to the definite imposition of the tax and the equally definite imposition of a penalty to follow upon delinquency. It is intended for the benefit and convenience of the taxpayer, but certainly not for his relief or advantage. Greene v. Esquibel, 1954-NMSC-039, 58 N.M. 429, 272 P.2d 330.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d State and Local Taxation §§ 782 to 785.
84 C.J.S. Taxation § 530.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 7 - Taxation

Article 38 - Administration and Enforcement of Property Taxes

Section 7-38-1 - Applicability.

Section 7-38-2 - Investigative authority and powers.

Section 7-38-3 - Information reports.

Section 7-38-4 - Confidentiality of information.

Section 7-38-5 - Repealed.

Section 7-38-6 - Presumption of correctness.

Section 7-38-7 - Valuation date.

Section 7-38-7.1 - Valuation date; tangible personal property; construction contractors.

Section 7-38-8 - Reporting of property for valuation; penalties for failure to report.

Section 7-38-8.1 - Division to adopt regulations to require reporting of exempt property.

Section 7-38-9 - Description of property for property taxation purposes.

Section 7-38-10 - Department may insure compliance with mapping and description of real property regulations by departmental installation of required system; reimbursement by county of costs incurred.

Section 7-38-11 - Property reported in the wrong county.

Section 7-38-12 - Property transfers; copies of documents to be furnished to assessor; penalty for violation.

Section 7-38-12.1 - Residential property transfers; affidavit to be filed with assessor.

Section 7-38-12.2 - Penalties.

Section 7-38-13 - Statement of decrease in value of property subject to local valuation.

Section 7-38-14 - Tabulation of construction permits; information required to be furnished to county assessors.

Section 7-38-15 - Information on real property sold, purchased, contracted to be sold or purchased, or exchanged by governmental bodies to be sent to or obtained by the department; department to compile and send information to county assessors.

Section 7-38-16 - Condemnation proceedings; duty of condemning authority to notify county assessor.

Section 7-38-17 - Claiming exemptions; requirements; penalties.

Section 7-38-17.1 - Presumption of nonresidential classification; declaration of residential classification.

Section 7-38-18 - Publication of notice of certain provisions relating to reporting property for valuation and claiming of exemptions.

Section 7-38-19 - Valuation records.

Section 7-38-20 - County assessor and department to mail notices of valuation.

Section 7-38-20.1 - Temporary provision; additional instructions to assessors and treasurers; special requirements for 2004 veteran exemption; newly eligible veterans.

Section 7-38-21 - Protests; election of remedies.

Section 7-38-22 - Protesting values, classification, allocation of values and denial of exemption determined by the division.

Section 7-38-23 - Protest hearings; verbatim record; action by hearing officer; time limitations.

Section 7-38-24 - Protesting values, classification, allocation of values and denial of exemption or limitation on increase in value determined by the county assessor.

Section 7-38-25 - County valuation protests boards; creation; duties; funding.

Section 7-38-26 - Scheduling of protest hearings.

Section 7-38-27 - Protest hearings; verbatim record; action by county valuation protests board; time limitations.

Section 7-38-28 - Appeals from orders of the hearing officer or county valuation protests boards.

Section 7-38-29 - Retention of hearing records.

Section 7-38-30 - Department to allocate and certify valuations to county assessors.

Section 7-38-31 - County assessor to certify net taxable values to the department.

Section 7-38-32 - Department to prepare a compilation of net taxable values to be used for budget making and rate setting.

Section 7-38-33 - Department of finance and administration to set tax rates.

Section 7-38-34 - Board of county commissioners to order imposition of the tax.

Section 7-38-35 - Preparation of property tax schedule by assessor.

Section 7-38-36 - Preparation and mailing of property tax bills.

Section 7-38-36.1 - Administrative fee to be charged if property tax is less than five dollars ($5.00).

Section 7-38-36.2 - Procedures to delay the mailing of property tax bills for counties for which a property tax levy is imposed at the November 2019 or 2021 regular local election to put the question of imposing or renewing a levy before the voters.

Section 7-38-37 - Contents of property tax bill.

Section 7-38-38 - Payment of property taxes; installment due dates; refund in cases of overpayments.

Section 7-38-38.1 - Recipients of revenue produced through ad valorem levies required to pay counties administrative charge to offset collection costs.

Section 7-38-38.2 - Prepayment of certain property tax installments; resolution by board of county commissioners.

Section 7-38-38.3 - Optional prepayment of property taxes in monthly payments.

Section 7-38-39 - Protesting values; claim for refund.

Section 7-38-40 - Claims for refund; civil action.

Section 7-38-41 - Protested property taxes; suspense fund; refunds; interest.

Section 7-38-42 - Collection and receipt of and accounting for property taxes; application of receipts to delinquent taxes.

Section 7-38-43 - Distribution of receipts from collected property taxes, penalties and interest.

Section 7-38-44 - Special procedures for administration of taxes on personal property when probable removal of property from state will jeopardize collection of taxes.

Section 7-38-44.1 - Special procedures for administration of taxes on real property divided or combined.

Section 7-38-45 - Special provisions relating to administration of taxes on livestock.

Section 7-38-46 - Delinquent property taxes.

Section 7-38-47 - Property taxes are personal obligation of owner of property.

Section 7-38-48 - Property taxes are a lien against real property from January 1; priorities; continuance of taxing process.

Section 7-38-49 - Unpaid property taxes; imposition of interest.

Section 7-38-50 - Delinquent taxes; civil penalties.

Section 7-38-51 - Notification to property owner of delinquent property taxes.

Section 7-38-52 - Notification to motor vehicle division of unpaid property taxes on manufactured homes; notice of filing constitutes lien on vehicle.

Section 7-38-53 - Collection of delinquent property taxes on personal property; assertion of claim against personal property.

Section 7-38-54 - Demand warrant; contents.

Section 7-38-55 - Surrender of personal property; penalty for refusal.

Section 7-38-56 - Release of personal property seized.

Section 7-38-57 - Notice of sale of personal property.

Section 7-38-58 - Personal property sale requirements.

Section 7-38-59 - Certificates of sale; effect of certificates of sale.

Section 7-38-60 - Notification to property owner of delinquent taxes.

Section 7-38-61 - Real property taxes delinquent for more than two years; treasurer to prepare delinquency list; notation on property tax schedule.

Section 7-38-62 - Authority of department to collect delinquent property taxes after receipt of tax delinquency list; allowing an authorized county treasurer to act as an agent of the department; use of penalties, interest and costs.

Section 7-38-63 - Payment of delinquent taxes to the department; distribution.

Section 7-38-64 - Repealed.

Section 7-38-65 - Collection of delinquent taxes on real property; sale of real property.

Section 7-38-66 - Sale of real property for delinquent taxes; notice of sale.

Section 7-38-67 - Real property sale requirements.

Section 7-38-67.1 - Sale of abandoned real property; notice of sale; requirements.

Section 7-38-68 - Installment agreements.

Section 7-38-69 - Distribution of amounts collected under installment agreements.

Section 7-38-70 - Issuance of deeds as result of sale of real property for delinquent taxes; effect of deeds; limitation of action to challenge conveyance.

Section 7-38-71 - Distribution of amounts received from sale of property.

Section 7-38-72 - Notation on property tax schedule by county treasurer when property sold for delinquent taxes.

Section 7-38-73 - Department of finance and administration to promulgate regulations regarding accounting for and distribution of property taxes collected.

Section 7-38-74 - Officers and employees engaged in the administration of the property tax prohibited from buying property sold for delinquent property taxes; penalties for violation; sales of real property in violation declared void.

Section 7-38-75 - Exception to property tax due date.

Section 7-38-76 - Property subject to property taxation but omitted from property tax schedules in prior years.

Section 7-38-77 - Authority to make changes in property tax schedule after its delivery to the county treasurer.

Section 7-38-77.1 - Changes in property tax schedule ordered by the department of finance and administration.

Section 7-38-78 - Action by property owner in district court to change property tax schedule.

Section 7-38-79 - Changes in property tax schedule ordered by the division; action by the division in district court to enforce ordered changes.

Section 7-38-80 - Changes in property tax schedules as result of treasurer's action, department order or court order; collection of any additional property taxes due as result; refund of property taxes paid erroneously.

Section 7-38-81 - Limitation on actions for collection of property taxes; presumption of payment of property taxes after ten years.

Section 7-38-81.1 - Limitation on actions for collection of any levy or assessment in the form of property taxes; presumption of payment after ten years.

Section 7-38-82 - Duty of persons responsible for administration of property tax to ascertain the names of owners of property; use of term "unknown owner" prohibited except in certain cases; validity of procedures when name of owner is incorrect or u...

Section 7-38-83 - Timeliness.

Section 7-38-84 - Notices; mailing.

Section 7-38-85 - Extension of deadlines; general provision.

Section 7-38-86 - Extension of deadlines at request of property owners.

Section 7-38-87 - Administrative regulations; promulgation; general provisions.

Section 7-38-88 - Repealed.

Section 7-38-89 - Validity of certain regulations; judicial review.

Section 7-38-90 - Repealed.

Section 7-38-91 - Repealed.

Section 7-38-92 - Attempts to evade or defeat the property tax.

Section 7-38-93 - Interference with the administration of the Property Tax Code.