NMSA 1978, § 7-29B-6 — 7-29B-6

Qualification for production restoration incentive tax
exemption and well workover and stripper well property incentive
tax rate; secretary of taxation and revenue approval; refund.

# A.

The person responsible for paying the oil and gas severance tax on natural gas
or oil produced from a production restoration project shall qualify to receive a ten-year
production restoration incentive tax exemption upon:
(1) application to the department in the form and manner prescribed by the
department for approval for the ten-year production restoration incentive tax exemption;
(2) submission of the certification of approval from the division and
designation of the natural gas or oil well as a production restoration project; and
(3) submission of any other relevant material that the secretary of taxation
and revenue deems necessary to administer the applicable provisions of the Natural
Gas and Crude Oil Production Incentive Act.

# B.

The person responsible for payment of the oil and gas severance tax on natural
gas or oil produced from a well workover project shall qualify for the well workover
incentive tax rate on all the natural gas or oil produced by that project upon:
(1) application to the department in the form and manner prescribed by the
department for approval to apply the well workover incentive tax rate to the natural gas
or oil produced from a well workover project;
(2) submission of the certification from the division of approval and
designation of the natural gas or oil well as a well workover project; and
(3) any other relevant material that the department considers necessary to
administer the applicable provisions of the Natural Gas and Crude Oil Production
Incentive Act.

# C.

The person responsible for paying the oil and gas severance tax and the oil and
gas emergency school tax on natural gas and crude oil produced from a stripper well
property shall qualify to receive the stripper well property incentive tax rate for the fiscal
year following certification by the division in the form and manner agreed to by the
division and the department designating the property as a stripper well property. The
division shall certify stripper well properties for calendar year 1998 no later than June
30, 1999 and no later than June 1 of each succeeding year for the preceding calendar
year.

# D.

The production restoration incentive tax exemption shall apply to natural gas or
oil produced from a production restoration project beginning the first day of the month
following the date the division certifies that production has been restored and ending the
last day of the tenth year of production following that date. The well workover incentive
tax rate applies to the natural gas or oil produced from a well workover project
beginning the first day of the month following the date the division certifies that the well
workover project has been completed. The stripper well property incentive tax rates
apply to the natural gas or oil produced from a stripper well property in the twelve
months beginning May 1 prior to July 1 of the fiscal year to which the certification of the
property as a stripper well property applies.

# E.

The person responsible for payment of the oil and gas severance tax on natural
gas or oil production from an approved well workover project may file a claim for credit
against current tax liability or for refund in accordance with Section 7-1-26 NMSA 1978
for taxes paid in excess of the amount due using the well workover incentive tax rate.
Notwithstanding the provisions of Subsection E [F] of Section 7-1-26 NMSA 1978, any
such refund granted shall be made in the form of a credit against any future oil and gas
severance tax liabilities incurred by the taxpayer.

# F.

Well workover projects certified prior to July 1, 1999 shall be deemed to be
approved and certified in accordance with the provisions of this 1999 act and natural
gas or oil produced from those projects shall be eligible for the well workover incentive
tax rate effective beginning July 1, 1999.

# G.

The secretary of taxation and revenue may adopt and promulgate rules to
enforce the provisions of this section.