us-nm/stat
NMSA 1978, § 7-2-18.29 — 2015 sustainable building income tax credit
A.
The tax credit provided by this section may be referred to as the "2015
sustainable building income tax credit". The 2015 sustainable building income tax credit
shall be available for the construction in New Mexico of a sustainable building, the
renovation of an existing building in New Mexico into a sustainable building or the
permanent installation of manufactured housing, regardless of where the housing is
manufactured, that is a sustainable building; provided that the construction, renovation
or installation project is completed prior to April 1, 2023. The tax credit provided in this
section may not be claimed with respect to the same sustainable building for which the
2015 sustainable building corporate income tax credit, the 2021 sustainable building
income tax credit or the 2021 sustainable building corporate income tax credit has been
claimed.
B.
The purpose of the 2015 sustainable building income tax credit is to encourage
the construction of sustainable buildings and the renovation of existing buildings into
sustainable buildings.
C.
A taxpayer who files an income tax return may claim a 2015 sustainable building
income tax credit if the requirements of this section are met.
D.
For taxable years ending on or before December 31, 2024, the 2015 sustainable
building income tax credit may be claimed with respect to a sustainable commercial
building. The credit shall be calculated based on the certification level the building has
achieved in the LEED green building rating system and the amount of qualified
occupied square footage in the building, as indicated on the following chart:
LEED Rating Level Qualified Tax Credit
Occupied per Square
Square Footage Foot
LEED-NC Silver First 10,000 $3.50
Next 40,000 $1.75
Over 50,000
up to 500,000 $0.70
LEED-NC Gold First 10,000 $4.75
Next 40,000 $2.00
Over 50,000
up to 500,000 $1.00
LEED-NC Platinum First 10,000 $6.25
Next 40,000 $3.25
Over 50,000
up to 500,000 $2.00
LEED-EB or CS Silver First 10,000 $2.50
Next 40,000 $1.25
Over 50,000
up to 500,000 $0.50
LEED-EB or CS Gold First 10,000 $3.35
Next 40,000 $1.40
Over 50,000
up to 500,000 $0.70
LEED-EB or CS Platinum First 10,000 $4.40
Next 40,000 $2.30
Over 50,000
up to 500,000 $1.40
LEED-CI Silver First 10,000 $1.40
Next 40,000 $0.70
Over 50,000
up to 500,000 $0.30
LEED-CI Gold First 10,000 $1.90
Next 40,000 $0.80
Over 50,000
up to 500,000 $0.40
LEED-CI Platinum First 10,000 $2.50
Next 40,000 $1.30
Over 50,000
up to 500,000 $0.80.
E.
For taxable years ending on or before December 31, 2024, the 2015 sustainable
building income tax credit may be claimed with respect to a sustainable residential
building. The credit shall be calculated based on the amount of qualified occupied
square footage, as indicated on the following chart:
Rating System/Level Qualified Tax Credit
Occupied per Square
Square Footage Foot
LEED-H Silver or Build Up to 2,000 $3.00
Green NM Silver
LEED-H Gold or Build Up to 2,000 $4.50
Green NM Gold
LEED-H Platinum or Build Up to 2,000 $6.50
Green NM Emerald
Manufactured Housing Up to 2,000 $3.00.
F.
A person that is a building owner may apply for a certificate of eligibility for the
2015 sustainable building income tax credit from the energy, minerals and natural
resources department on forms and in a manner prescribed by that department after the
construction, installation or renovation of the sustainable building is complete.
Completed applications shall be considered in the order received. If the energy,
minerals and natural resources department determines that the building owner meets
the requirements of this subsection and that the building with respect to which the tax
credit application is made meets the requirements of this section as a sustainable
residential building or a sustainable commercial building, the energy, minerals and
natural resources department may issue a dated certificate of eligibility to the building
owner providing the amount of credit for which the building owner is eligible and the
taxable year in which the credit may be claimed, subject to the limitations in Subsection
G of this section. The certificate shall include the rating system certification level
awarded to the building, the amount of qualified occupied square footage in the building
and a calculation of the maximum amount of 2015 sustainable building income tax
credit for which the building owner is eligible. The energy, minerals and natural
resources department may issue rules governing the procedure for administering the
provisions of this subsection.
G.
Except as provided in Subsection H of this section, the energy, minerals and
natural resources department may issue a certificate of eligibility only if the aggregate
amount of 2015 sustainable building income tax credits represented by certificates of
eligibility issued by the energy, minerals and natural resources department pursuant to
this section and Section 7-2A-28 NMSA 1978 shall not exceed in any calendar year an
aggregate amount of:
(1) one million two hundred fifty thousand dollars ($1,250,000) with respect to
sustainable commercial buildings;
(2) three million three hundred seventy-five thousand dollars ($3,375,000)
with respect to sustainable residential buildings that are not manufactured housing; and
(3) three hundred seventy-five thousand dollars ($375,000) with respect to
sustainable residential buildings that are manufactured housing.
H.
For any taxable year that the energy, minerals and natural resources department
determines that applications for sustainable building tax credits for any type of
sustainable building pursuant to Paragraph (1), (2) or (3) of Subsection G of this section
are less than the aggregate limit for that type of sustainable building for that taxable
year, the energy, minerals and natural resources department shall allow the difference
between the aggregate limit and the applications to be added to the aggregate limit of
another type of sustainable building for which applications exceeded the aggregate limit
for that taxable year. Any excess not used in a taxable year shall not be carried forward
to subsequent taxable years. The energy, minerals and natural resources department
shall provide the department appropriate information for all certificates of eligibility in a
secure manner on regular intervals agreed upon by both departments.
I.
Installation of a solar thermal system or a photovoltaic system eligible for the
solar market development tax credit pursuant to Section 7-2-18.14 [repealed] or 7-2-
18.31 NMSA 1978 may not be used as a component of qualification for the rating
system certification level used in determining eligibility for the 2015 sustainable building
income tax credit, unless a solar market development tax credit pursuant to Section 7-2-
18.14 [repealed] or 7-2-18.31 NMSA 1978 has not been claimed with respect to that
system and the building owner and the taxpayer claiming the 2015 sustainable building
income tax credit certify that such a tax credit will not be claimed with respect to that
system.
J.
To claim the 2015 sustainable building income tax credit, the building owner shall
provide to the department a certificate of eligibility issued by the energy, minerals and
natural resources department pursuant to the requirements of Subsection F of this
section and any other information the department may require to determine the amount
of the tax credit for which the building owner is eligible.
K.
Any portion of a 2015 sustainable building income tax credit that exceeds the
taxpayer's income tax liability in the taxable year for which the credit is claimed may be
carried forward for up to seven consecutive taxable years.
L.
A taxpayer who otherwise qualifies and claims a 2015 sustainable building
income tax credit with respect to a sustainable building owned by a partnership or other
business association of which the taxpayer is a member may claim a credit only in
proportion to that taxpayer's interest in the partnership or association. The total credit
claimed in the aggregate by all members of the partnership or association with respect
to the sustainable building shall not exceed the amount of the credit that could have
been claimed by a sole owner of the property.
M.
Married individuals who file separate returns for a taxable year in which they
could have filed a joint return may each claim only one-half of the 2015 sustainable
building income tax credit that would have been allowed on a joint return.
N.
The tax credit provided by this section shall be included in the tax expenditure
budget pursuant to Section 7-1-84 NMSA 1978 with an analysis of the effectiveness and
cost of the tax credit and whether the tax credit is performing the purpose for which it
was created.
O.
For the purposes of this section:
(1) "build green New Mexico rating system" means the certification standards
adopted by build green New Mexico in November 2014, which include water
conservation standards;
(2) "LEED-CI" means the LEED rating system for commercial interiors;
(3) "LEED-CS" means the LEED rating system for the core and shell of
buildings;
(4) "LEED-EB" means the LEED rating system for existing buildings;
(5) "LEED gold" means the rating in compliance with, or exceeding, the
second-highest rating awarded by the LEED certification process;
(6) "LEED" means the most current leadership in energy and environmental
design green building rating system guidelines developed and adopted by the United
States green building council;
(7) "LEED-H" means the LEED rating system for homes;
(8) "LEED-NC" means the LEED rating system for new buildings and major
renovations;
(9) "LEED platinum" means the rating in compliance with, or exceeding, the
highest rating awarded by the LEED certification process;
(10) "LEED silver" means the rating in compliance with, or exceeding, the third-
highest rating awarded by the LEED certification process;
(11) "manufactured housing" means a multisectioned home that is:
(a) a manufactured home or modular home;
(b) a single-family dwelling with a heated area of at least thirty-six feet by
twenty-four feet and a total area of at least eight hundred sixty-four square feet;
(c) constructed in a factory to the standards of the United States department
of housing and urban development, the National Manufactured Housing Construction
and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code
2 or New Mexico construction codes up to the date of the unit's construction; and
(d) installed consistent with the Manufactured Housing Act [Chapter 60,
Article 14 NMSA 1978] and rules adopted pursuant to that act relating to permanent
foundations;
(12) "qualified occupied square footage" means the occupied spaces of the
building as determined by:
(a) the United States green building council for those buildings obtaining
LEED certification;
(b) the administrators of the build green New Mexico rating system for those
homes obtaining build green New Mexico certification; and
(c) the United States environmental protection agency for ENERGY STAR-
certified manufactured homes;
(13) "person" does not include state, local government, public school district or
tribal agencies;
(14) "sustainable building" means either a sustainable commercial building or a
sustainable residential building;
(15) "sustainable commercial building" means a multifamily dwelling unit, as
registered and certified under the LEED-H or build green New Mexico rating system,
that is certified by the United States green building council as LEED-H silver or higher or
by build green New Mexico as silver or higher and has achieved a home energy rating
system index of sixty or lower as developed by the residential energy services network
or a building that has been registered and certified under the LEED-NC, LEED-EB,
LEED-CS or LEED-CI rating system and that:
(a) is certified by the United States green building council at LEED silver or
higher;
(b) achieves any prerequisite for and at least one point related to
commissioning under LEED "energy and atmosphere", if included in the applicable
rating system; and
(c) has reduced energy consumption beginning January 1, 2012, by sixty
percent based on the national average for that building type as published by the United
States department of energy as substantiated by the United States environmental
protection agency target finder energy performance results form, dated no sooner than
the schematic design phase of development;
(16) "sustainable residential building" means:
(a) a building used as a single-family residence as registered and certified
under the build green New Mexico or LEED-H rating system that: 1) is certified by the
United States green building council as LEED-H silver or higher or by build green New
Mexico as silver or higher; 2) has achieved a home energy rating system index of sixty
or lower as developed by the residential energy services network; 3) has indoor
plumbing fixtures and water-using appliances that, on average, have flow rates equal to
or lower than the flow rates required for certification by WaterSense; 4) if landscape
area is available at the front of the property, has at least one water line outside the
building below the frost line that may be connected to a drip irrigation system; and 5) if
landscape area is available at the rear of the property, has at least one water line
outside the building below the frost line that may be connected to a drip irrigation
system; or
(b) manufactured housing that is ENERGY STAR-qualified by the United
States environmental protection agency;
(17) "tribal" means of, belonging to or created by a federally recognized Indian
nation, tribe or pueblo; and
(18) "WaterSense" means a program created by the federal environmental
protection agency that certifies water-using products that meet the environmental
protection agency's criteria for efficiency and performance.
Source: official text