TITLE 3 TAXATION
CHAPTER 4 CORPORATE
INCOME TAXES
PART 19 CERTIFICATION
FOR TAX CREDIT FOR GEOTHERMAL GROUND-COUPLED
HEAT
PUMPS
3.4.19.1 ISSUING AGENCY:
Energy, Minerals and Natural Resources Department.
[3.4.19.1 NMAC - N, 09/15/2010]
3.4.19.2 SCOPE:
3.4.19 NMAC applies to the application and certification procedures for
administration of the tax credit for geothermal ground-coupled heat pumps.
[3.4.19.2 NMAC - N, 09/15/2010]
3.4.19.3 STATUTORY AUTHORITY: 3.4.19 NMAC is established under the authority
of NMSA 1978, Section 7-2A-24 and NMSA 1978, Section 9-1-5.
[3.4.19.3 NMAC - N, 09/15/2010]
3.4.19.4 DURATION: Permanent.
[3.4.19.4 NMAC - N, 09/15/2010]
3.4.19.5 EFFECTIVE DATE: 09/15/2010, unless a later date is cited at
the end of a section.
[3.4.19.5 NMAC - N, 09/15/2010]
3.4.19.6 OBJECTIVE: 3.4.19 NMAC’s objective is to establish
procedures for administering the program to issue a certificate of eligibility
for the tax credit for geothermal ground-coupled heat pumps.
[3.4.19.6 NMAC - N, 09/15/2010]
3.4.19.7 DEFINITIONS:
A. “Annual cap” means the annual aggregate amount of the geothermal ground-coupled heat pump tax credit available to individual and corporate taxpayers.
B. “Applicant” means a taxpayer or taxpayers that own a geothermal ground-coupled heat pump system in New Mexico and that desires to have the department issue a certificate of eligibility for the geothermal ground-coupled heat pump tax credit.
C. “Application package” means the application document and all attachments that an applicant submits to the division to receive a certificate of eligibility for a geothermal ground-coupled heat pump tax credit.
D. “Certificate of eligibility” means the document, with a unique system certification number, that specifies the amount and taxable year for the approved geothermal ground-coupled heat pump tax credit.
E. “Department” means the energy, minerals and natural resources department.
F. “Division” means the energy, minerals and natural resources department’s energy conservation and management division.
G. “Geothermal ground-coupled heat pump system” means a reversible refrigerator device that provides space heating, space cooling, domestic hot water, processed hot water, processed chilled water or any other application where hot air, cool air, hot water or chilled water is required and that utilizes ground water or water circulating through pipes buried in the ground as a condenser in the cooling mode and an evaporator in the heating mode.
H. “Geothermal ground-coupled heat pump tax credit” means the corporate income tax credit that the taxation and revenue department issues to an applicant for a geothermal ground-coupled heat pump system.
I. “System certification number” means the unique number issued by the department that identifies the certified geothermal ground-coupled heat pump system.
J. “Taxpayer” means a corporation as defined by NMSA 1978, Section 7-2A-2, subject to the tax imposed by the Corporate Income and Franchise Tax Act, NMSA 1978, Section 7-2A-1 et seq.
K. “Taxpayer identification number” means an 11-digit number the taxation and revenue department issues that indicates that the taxpayer is registered with the taxation and revenue department to pay gross receipts and compensating taxes.
L. “Tax credit” means the New Mexico state tax credit for geothermal ground-coupled heat pumps as described in 3.4.19 NMAC.
[3.4.19.7 NMAC - N, 09/15/2010]
3.4.19.8 GENERAL PROVISIONS:
A. Only a taxpayer who is the owner of a geothermal ground-coupled heat pump system that is purchased and is installed in a residence, business or agricultural enterprise in New Mexico on or after January 1, 2010, but before December 31, 2020 may receive a certificate of eligibility for a tax credit.
B. Only one application package shall be filed per geothermal ground-coupled heat pump system. If more than one taxpayer owns an interest in the property where the geothermal ground-coupled heat pump system is installed as a member of a partnership or other business association, a taxpayer may only claim a tax credit in proportion to that taxpayer’s interest in the partnership or association. The application package shall specify the interest each taxpayer has in the property. In the event that there is more than one taxpayer that owns an interest in the property where the geothermal ground-coupled heat pump system is installed:
(1) each such taxpayer applying for a tax credit must be identified as an applicant on the application package;
(2) each such taxpayer applying for a tax credit must provide the required taxpayer information as required by 3.4.19.9 NMAC and the application form;
(3) each such taxpayer applying for a tax credit must sign the application; and
(4) the department shall issue one certificate of eligibility per taxpayer that reflects the amount of the tax credit to which the taxpayer is entitled in accordance with the taxpayer’s interest in the property, as set forth in the application.
C. 3.4.19 NMAC applies to geothermal ground-coupled heat pump systems for corporate income tax only; the rules for personal income tax geothermal ground-coupled heat pump system tax credit are at 3.3.32 NMAC.
D. The tax credit certificate may be issued for up to 30 percent of the purchase and installation costs of the geothermal ground-coupled heat pump system but may not exceed $9,000.
E. The annual cap is $2,000,000. When the $2,000,000 annual cap is reached, based on all certificates of eligibility the department has issued, the department shall:
(1) if part of the
eligible tax credit is within the annual cap and part is over the annual cap,
issue a certificate of eligibility for the amount under the annual cap for the
applicable tax year and issue a certificate of eligibility for the balance for
the next subsequent tax year in which such tax credits are available; except
(2) if no tax credit
funds are available, issue a certificate of eligibility for the next subsequent
tax year in which such credits are available, except for the last taxable year
when the tax credit is in effect.
[3.4.19.8 NMAC - N, 09/15/2010]
3.4.19.9 APPLICATION:
A. To
apply for the tax credit an applicant shall submit a complete application
package to the division. An applicant
may obtain the tax credit application form and system installation form from
the division to submit as part of the package.
B. An
application package shall include a completed tax credit application form and
written attachments for a geothermal ground-coupled heat pump system. The applicant shall submit the tax credit
application form together with all attachments required as a complete
application package. An applicant shall
submit one application package for each geothermal ground-coupled heat pump
system. All material submitted in the
application package shall be provided on 8½-inch x 11-inch paper.
C. The
completed application form shall include the following information:
(1) the taxpayer’s name,
mailing address, telephone number and taxpayer identification number;
(2) the address where the
geothermal ground-coupled heat pump system is located;
(3) the geothermal
ground-coupled heat pump system’s type and description;
(4) the date the
geothermal ground-coupled heat pump system started continuous operation;
(5) the installer’s name,
address, telephone number, license category and license number;
(6) the net cost of
equipment, materials and labor of the geothermal ground-coupled heat pump
system, excluding the expenses and income listed in 3.4.19.13 NMAC;
(7) a statement, signed
and dated by the applicant, which signature may be electronic if approved by
the department, agreeing that:
(a)
all information provided in the application package is true and correct;
(b)
applicant has read the certification requirements contained in 3.4.19
NMAC;
(c)
applicant understands that there are annual aggregate tax credit limits
in place for geothermal ground-coupled heat pump systems;
(d) applicant understands
that the department must approve the application package before the applicant
is eligible for a tax credit;
(e)
applicant agrees to make changes the department requires to the geothermal
ground-coupled heat pump system for compliance with 3.4.19 NMAC; and
(f)
to ensure compliance with 3.4.19 NMAC, applicant agrees to allow the
division or its authorized representative to inspect the geothermal ground-coupled
heat pump system that is described in the application package at any time after
the submission of the application package with not less than five business days
notice to the applicant; and
(8) a system
certification number the division assigns to the application.
D. The application
package shall meet 3.4.19 NMAC’s requirements and be materially complete.
E. The application
package shall include the following information provided as attachments:
(1) a copy of the most
recent property tax bill to the taxpayer for the residence where the geothermal
ground-coupled heat pump system is located;
(2) a copy of the invoice
of itemized equipment and labor costs for the geothermal ground-coupled heat
pump system;
(3) a copy of the
geothermal ground-coupled heat pump system’s design schematic and technical
specifications as described in 3.4.19 NMAC;
(4) a photograph of the
geothermal ground-coupled heat pump system after installation is completed;
(5) a completed system
installation form;
(6) a completed taxpayer
and installer statement, with information about the geothermal ground-coupled
heat pump that includes:
(a)
manufacturer or supplier of system components and the system compenents’
model numbers;
(b)
number of well borings (if applicable);
(c) a description of horizontal trenching (if
applicable);
(d)
a description of a water source system component (if applicable);
(7) if the system was installed using vertical or
horizontal directional boreholes, the applicant shall provide the following
information:
(a)
drilling operator;
(b)
office of the state engineer exploratory permit number and approval date
(if required);
(c)
drilling method;
(d)
borehole diameter;
(e)
number of boreholes drilled;
(f)
general description of subsurface geology or copies of drillers logs;
(g)
depth of the boreholes;
(h)
distance between boreholes;
(i)
depth to ground water (indicate if ground water not encountered);
(j)
whether the system is an “open” or “closed” loop design; and
(8) if the system was
installed using horizontal trenching, the applicant shall provide the following
information:
(a) length, width and
depth of the trench or trenches; and
(b)
general description of subsurface geology.
F. The completed
system installation form shall include the following information:
(1) printed name of the
taxpayer who is identified on the application form;
(2) printed name, title
and telephone number of the installer who signs the system installation form;
(3) printed name, title
and telephone number of the building code authority’s authorized
representative, if applicable, who approves the system installation form;
(4) date on which the
geothermal ground-coupled heat pump system installation was complete and ready
to operate;
(5) a statement that the installer
has signed and dated, which may be a form of electronic signature if approved
by the department, certifying that:
(a)
the geothermal ground-coupled heat pump system was installed in full
compliance with all applicable federal, state and local government statutes or
ordinances, rules or regulations and codes and standards that are in effect at
the time of installation;
(b) the installer has
read 3.4.19 NMAC’s certification requirements;
(c)
the installed geothermal ground-coupled heat pump system will work
properly with regular maintenance; and
(d) the installer provided written operations
and maintenance instructions to the applicant and posted a one-page summary of
these instructions in a sheltered accessible location acceptable to the
taxpayer and that is near or at the geothermal ground-coupled heat pump
system’s components;
(6) documentation of the
total geothermal ground-coupled heat pump system size.
G. The application
form shall request that the applicant provide the following optional
information:
(1) taxpayer’s email
address; and
(2) contractor’s email
address.
H. The application
form shall include optional selections where the applicant can indicate
interest in allowing the department to take the following actions. Selection of such options by the applicant
shall not create in the department an obligation to take such action:
(1) adding energy
monitoring equipment to the geothermal ground-coupled heat pump system;
(2) conducting an analysis of geothermal
ground-coupled heat pump system operation and performance; or
(3) conducting an
analysis of taxpayer’s utility bill records.
[3.4.19.9 NMAC – N, 09/15/2010]
3.4.19.10 APPLICATION
REVIEW PROCESS:
A. The department
shall consider applications in the order received, according to the day they
are received, but not the time of day.
If the department approves applications received on the same day and the
applications would exceed the annual cap, then the department will divide the
available tax credit among those applications on a prorated system cost basis.
B. The division
shall review the application package to calculate the tax credit and check
accuracy of the applicant’s documentation and shall determine whether the
department certifies the geothermal ground-coupled heat pump system.
C. If an
application package fails to meet a requirement or is materially incomplete,
the department shall disapprove the application. The department’s disapproval letter shall
state the reasons why the department disapproved the application. The applicant may resubmit the application
package for the disapproved project. The
division shall place the resubmitted application in the review schedule as if
it were a new application.
D. If the division
finds that the application package meets 3.4.19 NMAC’s requirements and a tax
credit is available, the department shall certify the applicant’s geothermal
ground-coupled heat pump system and documents the taxpayer as eligible for a
tax credit. If a tax credit is not
available in the taxable year of certification of the geothermal ground-coupled
heat pump system submitted in the application package, the division shall place
the taxpayer on a waiting list for inclusion in the following taxable year, if
a tax credit remains available. The
department shall provide approval through written notification to the
applicant. The notification shall
include the taxpayer’s contact information, taxpayer identification number, system
certification number, net system cost eligible for the tax credit, the tax
credit amount and, if applicable waiting list status.
E. The division shall
report to the taxation and revenue department the information required to
verify, process and distribute each tax credit by providing a copy of the
department’s approval notification.
[3.4.19.10 NMAC - N,
09/15/2010]
3.4.19.11 SAFETY,
CODES AND STANDARDS:
A. Geothermal
ground-coupled heat pump systems that the department may certify shall meet the
following minimum requirements:
(1) compliance with the
latest adopted version of all applicable federal, state and local government
statutes or ordinances, rules or regulations and codes and standards that are
in effect at the time that the applicant submits the application package
including design, permitting and installation in full compliance with all
applicable provisions of the New Mexico Plumbing Code (14.8.2 NMAC), the New
Mexico Mechanical Codes (14.9.2 - 5 NMAC), the New Mexico General Construction
Building Codes (14.7.2 - 8 NMAC) and any amendments to these codes adopted by a
political subdivision that has validly exercised its planning and permitting
authority under NMSA 1978, Sections 3-17-6 and 3-18-6; and
(2) compliance with all applicable utility
company or heating fuel vendor requirements, if the system being served with a
geothermal ground-coupled heat pump system is also served by utility
electricity or a heating fuel.
B. The application
package shall include the following information concerning building codes:
(1) a statement that the
building code authority’s authorized representative has signed and dated, which
may be a form of electronic signature if approved by the department, that the
geothermal ground-coupled heat pump system was installed in full compliance
with all applicable codes; or
(2) if the applicant is
unable to obtain a signed and dated statement from the building code
authority’s authorized representative on the system installation form, then the
applicant may provide one of the following instead:
(a)
a photograph or copy of the permit tag clearly identifying the building
code authority’s authorized representative’s signature, the date and the permit
number;
(b)
an official document from the building code authority that includes the:
(i)
agency’s name;
(ii) authorized
representative’s name, title, telephone number and signature;
(iii) date of authorized representative’s
signature; and
(iv)
permit number; or
(c)
a web-based application the building code authority approves.
[3.4.19.11 NMAC - N,
09/15/2010]
3.4.19.12 SYSTEM
APPLICATIONS AND LISTS OF ELIGIBLE COMPONENTS:
A. Geothermal
ground-coupled heat pump systems that the department may certify shall meet the
following requirements:
(1) be made of new
equipment, components and materials;
(2) have a written
minimum two year warranty provided by the contractor on parts, equipment and
labor with the following exceptions;
(a)
the warranty provided by the contractor on each specific piece of
equipment shall not exceed the duration and conditions of the warranty provided
by the manufacturer of the equipment against defects in materials and
workmanship; and
(b)
the owner of the geothermal ground-coupled heat pump system may bear the
actual cost of shipping the product for the repair and replacement;
(3) be a complete system
that collects and distributes geothermal energy to the residence, business or
agricultural enterprise in New Mexico that it serves; and
(4) be a minimum one-ton
system size.
B. Geothermal ground-coupled
heat pump systems or their portions that the department shall not certify are
as follows:
(1) a system or portion
of a system that would be present if the geothermal ground-coupled heat pump
system was not installed;
(2) a system that is not
connected to a structure or foundation and does not serve a permanent end use
energy load or is not permanently located in New Mexico;
(3) a system not serving
an end use energy load; or
(4) a system or portion
of a system that replaces a system or portion of a system the department has
certified in a previous application for a tax credit.
C. System
components and installation processes that the department may include in the
cost calculation and certify include:
(1) the system
applications of geothermal space heating, geothermal air heating, geothermal
process heating, geothermal space cooling or combinations of geothermal system
applications, domestic hot water, processed hot water, processed chilled
water or any other application where hot air, cool air, hot water or chilled
water is required and that utilizes ground water or water circulating through
pipes buried in the ground as a condenser in the cooling mode and an evaporator
in the heating mode;
(2) collectors;
(3) pumps;
(4) fans;
(5) storage tanks;
(6) buffer tanks;
(7) expansion tanks;
(8) expansion valves;
(9) valves;
(10) “txv” valves;
(11) three-way valves;
(12) refrigerant compressors;
(13) chill water tanks;
(14) refrigerant reversing valves;
(15) controllers;
(16) heat exchangers;
(17) compressors;
(18) compressor gas;
(19) flow center circulators;
(20) tubing;
(21) tubing u-bend connections;
(22) tubing connections and fittings;
(23) manifolds;
(24) supply headers;
(25) expansion metering devices;
(26) desuperheaters;
(27) hot
water tanks;
(28) heat
exchange refrigerant;
(29) reverse return headers;
(30) thermostats;
(31) evaporators;
(32) borehole grout;
(33) borehole backfill sand or other medium;
(34) turnarounds; and
(35) air handlers;
(36) above-ground fluid
coolers;
(37) thermal conductivity
testing; and
(38) all materials and costs associated with
vertical well drilling and horizontal trenching including well casing and
tubing.
[3.4.19.12 NMAC - N,
09/15/2010]
3.4.19.13 CALCULATING
THE GEOTHERMAL GROUND-COUPLED HEAT PUMP SYSTEM COST:
A. The cost of a geothermal
ground-coupled heat pump system the department certifies shall be the cost of
acquiring the system but shall not include the following:
(1) expenses, including
but not limited to:
(a)
unpaid labor or the applicant’s labor;
(b)
unpaid equipment or materials;
(c)
land costs or property taxes;
(d)
costs of structural, surface protection and other functions in building
elements that would be included in building construction if a geothermal
ground-coupled heat pump system were not installed;
(e)
mortgage, lease or rental costs of the residence, business or agricultural
enterprise;
(f)
legal and court costs;
(g)
research fees or patent search fees;
(h)
fees for use permits or variances;
(i) membership fees;
(j)
financing costs or loan interest;
(k)
marketing, promotional or advertising costs;
(l)
repair, operating or maintenance costs;
(m)
extended warranty costs;
(n)
system visual barrier costs;
(o)
adjacent structure modification costs;
(p)
vegetation maintenance costs; and
(2) income, including:
(a)
payments the installer or other parties provide that reduce the system
cost, including rebates, discounts and refunds with the exception of federal,
state and local government and utility company incentives;
(b)
services, benefits or material goods the installer or other parties
provide by the same or separate contract, whether written or verbal; and
(c) other financial
incentives provided for geothermal ground-coupled heat pump system
installation, if applicable.
B. The division
shall make the final determination of the net cost that the department
certifies is eligible for a tax credit.
[3.4.19.13 NMAC - N,
09/15/2010]
3.4.19.14 CLAIMING
THE TAX CREDIT:
A. To claim the tax credit, a taxpayer owning a geothermal ground-coupled heat pump system that the department has certified shall submit to the taxation and revenue department a claim, which shall consist of the certificate of eligibility the department issued to the taxpayer, a completed claim form the taxation and revenue department has approved and any other information the taxation and revenue department requires.
B. If the amount of
tax credit claimed exceeds the taxpayer’s corporate income tax liability, the
taxpayer may carry the excess forward for up to 10 consecutive taxable years.
[3.4.19.14 NMAC - N,
09/15/2010]
HISTORY OF 3.4.19 NMAC:
Pre-NMAC History: None.
History of Repealed Material: [RESERVED]