us-nm/stat
NMSA 1978, § 7-29A-5 — Secretary of taxation and revenue approval; refund
A.
The person responsible for paying the oil and gas severance tax on production
from the enhanced recovery project shall not qualify to receive the recovered oil tax rate
unless that person:
(1) applies to the secretary of taxation and revenue in the form and manner
prescribed by the secretary for approval to pay the oil and gas severance tax on crude
oil severed and saved from the enhanced recovery project at the recovered oil tax rate;
(2) includes the certifications from the division of approval and designation of
the affected areas of the enhanced recovery project and of a positive production
response from the enhanced recovery project; and
(3) provides all relevant material that the secretary of taxation and revenue
considers necessary to administer the applicable provisions of the Enhanced Oil
Recovery Act.
B.
An approval of the secretary of taxation and revenue in accordance with
Subsection A of this section shall be applicable to crude oil severed and sold from the
enhanced recovery project on and after the first day of the month following the month in
which the division certifies that a positive production response with respect to the
enhanced recovery project has occurred. If the oil and gas severance tax is paid at a
rate imposed in Paragraph (2) of Subsection A of Section 7-29-4 NMSA 1978 on crude
oil severed and saved from the enhanced recovery project after the month in which the
division certifies that a positive production response with respect to the enhanced
recovery project has occurred, a claim for refund may be filed in accordance with
Section 7-1-26 NMSA 1978 for the excess in tax over the amount due using the
recovered oil tax rate. Notwithstanding the provisions of Subsection E [Subsection F] of
Section 7-1-26 NMSA 1978 any such refund granted shall be made in the form of a
credit against future oil and gas severance tax liabilities.
Source: official text