ROLE OF THE COUNTY ASSESSORS OFFICE

Q. What does the County Assessor do?
A. The Assessor: Discovers, lists, and values residential, commercial, vacant, and business personal property for ad valorum (based on value) tax purposes. Notifies property owners of their assessed property values. Prepares the County property tax roll for the County Treasurer. The tax roll includes: real property (land and improvements) and personal property. Personal Property is defined as: Livestock (as defined by 7-36-21 NMSA Special Methods of Valuation - Livestock; Manufactured Homes; or Business Equipment.)

Q. Does the County Commission superintend, manage or supervise the Assessor's Office?
A. No. The County Commission has no superintending authority over the Assessor. Only the State Department of Taxation and Revenue may direct the Assessor's activities.
 

PROPERTY VALUATION FOR TAX ASSESSMENT

New Mexico State Statutes Annotated 7-38-8 NMSA 1978 require owners of real property, tangible movable business property, and/or manufactured homes to declare any change in value their property has undergone within the past year. The due date for the annual report is January 1 of the year for which taxes are collected.

Q. I am new to New Mexico and have purchased a home. Do I have to pay property taxes in New Mexico? A. Yes! The property owner is responsible for recording property transfer documents with the County Clerk and for notifying the County Assessor of purchases and transfers of ownership. Co Contacting the Assessor should ensure correctly assessed as the current owner with a valid address so that you can receive valuation notices and tax bills. If you have moved recently, please contact the County Assessor s Office and give them your new address.

Q. How much property tax will I have to pay?
A. Taxes are based on the current and correct market value of your residence and land, vacant land, commercial property, or other taxable property. The amount you pay is determined by multiplying the mill l levy rate against the net taxable value of your property. The net taxable value is one third of the total assessed value of your property minus valid exemptions such as Head of Family or Veterans exemptions ($2000 each). * Current and Correct as defined: e.g. 1999 market value is actually based on 1997 market data and updated every 2 years.

Q. What are the property tax rates in New Mexico?
A. Composite mill rates by area as of 1998 ranged from 12.969 to $21.328 per $1000 of net taxable value of your property, depending on the type and location of the property.

Q. What does property valuation mean?
A. The valuation set for property by the County Assessor is an estimate of the market value of your property, i.e., your residence, vacant land, commercial property, or other taxable property.

Q. How are the changes in the value of my property determined?
A. The Assessor is required by state law to value property at 100 percent of its market value as determined by sales of comparable property. (See 7-36-15 NMSA 1978).

Q. What Is the Notice of Valuation?
A. Once a year you receive a Notice of Value from the Assessor informing you of the value of your property for that year. It is an advance notice of what the Assessor has determined your property was worth two y ears earlier. The Notice of Value is not a tax bill. The Treasurer issues the tax bill each November 1.

Q. When is the Notice of Value mailed?
A. The Assessor is required to mail one Notice of Value for each assessed property by April 1 of each year. (See: 7-38-20 NMSA 1978).

Q. I recently moved. Who should be notified of my change in address?
A. The Assessor's office will accept mailing address changes in person or through the mail. The Assessor provides a change of address form with the Notice of Va Value. If you do not receive a tax bill, be sure to contact the Assessor and verify the address on the tax roll.

Q. What are other dates regarding my property valuation?
A. January 1: Property is assessed to the owner of record according to its condition as o f that date. For example, if property is vacant on January 1, it will be assessed as vacant land even if a building is constructed on that property sometime during the tax year after January 1.
The last day in February: the application deadline for agricultural valuation; church, charitable, educational and personal property exemptions; head of family and veterans exemptions; report of manufactured homes; and livestock. This date also applies to loss of status for eligibility for exemptions; reporting improvements costing more than $10,000; and/or statement of decrease in value.
June 15: The County Assessor certifies the full valuation of the County to the State Property Tax Division. September: The New Mexico Department of Finance and Administration sets the tax rates for the current year's property taxes for each of the 33 counties. The County Commission must approve mill rates before they take effect.
October 1: Deadline for county Assessor to deliver tax schedule and abstract of tax schedule to County Treasurer. After October 1, the Assessor has only limited to request changes to the tax schedule
 

EXEMPTIONS

Under New Mexico law, NMSA 1978, chapter 7, there are two New Mexico property categories of individual property taxation exemptions and several categories of institutional and governmental exemptions. Individual exemptions are available for head of family and qualifying veterans. Institutional exemptions are available for governmental agencies, schools, service organizations (nonprofit), churches and special status exemptions.

Q. How can I find out if my organization warrants an exemption?
A. If you feel your organization meets the requirements established in the New Mexico Supreme Court decision in Grace Inc. vs. Bernalillo County, which requires that the primary use of land and/or improvements be for charitable, religious, or educational purposes, then you must apply for an exemption with the Assessor's office. The burden of proof is on the property owner to document eligibility each year. The nongovernmental claim for exemption form can be downloaded here.

Q. Is there a Homestead Exemption in New Mexico?
A. No, The New Mexico Legislature has established a Head of Family exemption.

Q. When may exemptions be claimed? Between January 1st and the last day of February of the current tax year. Head of Family If property changes ownership during the time of exemption, the exemption will be removed and the new owner must apply by the last day of February of the next tax year (7-38-17 NMSA 1978).

Q. Who is eligible for the Head of Family exemption and how is it applied?
A. The state statute on this reads: As used in this section, Head of the Family means an individual New Mexico resident who is either (1) Married; (2) Widow or Widower; (3) Head of Household furnishing more than one-half the cost of support of any related person; or (4) a single person . Those eligible for this exemption must apply for it only once to receive it in subsequent years. Only one family exemption per household is permitted, and it must be the property in which the owner resides in the State of New Mexico. The Head of Family exemption for 1988 was $200. In 1989 and 1990, the amount was $800; and in 1991 and 1992 it was $1,400. In 1993 it capped at $2,000. Veteran If property changes ownership during the time of exemption, the exemption will be removed and the new owner must apply by the last day of February of the next tax year (7-38-17 NMSA 1978.

Q. How is the Veteran Exemption status determined and how does it affect property taxes?
A. The New Mexico Veteran's Service Commission determines all eligibility and issues a certificate to all qualifying veterans. This certificate (original copies only) may be used to claim the New Mexico Property Tax Exemption for $2,000 a year. Once the exemption is claimed, it is retained for subsequent years without re-application. Veterans with certificates should apply with the Assessor between January 1 and the last day of February for the exemption. Surviving spouses may receive the exemption if they qualify with the New Mexico Veteran's Service commission. For more information, call the New Mexico Veteran's Service Commission in Santa Fe for details on expanded eligibility by the legislature for veterans at 505-827-6300.
 

PROTESTING ASSESSMENT VALUES

Q. When can I protest my valuation as determined by the Assessor?
A. A property owner may protest the value of classification by the Assessor, the allocation of the value of the property, or denial of a claim for exemption by filing a petition with the Assessor no later than 30 days after the mailing of Notice of Value. A taxpayer may file a letter of inquiry and the Assessor may elect to resolve the question without going through a formal protest.

Q. What is the protest process if I disagree with the Assessor's valuation?
A. To start the protest process in the County, you should: Fill out the protest form that is available at the County Assessor's office at 102 Grant Ave., Santa Fe, New Mexico, 87504 or download the protest form now. Make sure you fill out the form completely. Mail in the form or bring it to the Assessor's Office in person. It is helpful if you provide them with a copy of your documentation; do not give them your original. A formal hearing with the Valuation Protest Board will be set. An informal meeting may be set with a field appraiser. If the dispute is not resolved satisfactorily at the Board hearing, you may make and official appeal to the Court of Appeals.

Q. May I review my records at the Assessor's office for my protest?
A. Yes. But you may review only your own property card, no one else they are considered confidential and not public information.
 

VALUING OF MANUFACTURED HOMES

Q. Must a manufactured home be assessed with the County Assessor?
A. Yes. By state law, manufactured homes must be assessed for property taxes. The Assessor requires a copy of the manufactured home vehicle registration or the title, along with the manufactured home property or location.

Q. What steps must I take as a manufactured home owner before either selling, moving or trading in a manufactured home?
A. Bring your Title or Certificate of Registration to the County Assessor's office. The Assessor will determine if you are registered on the tax rolls. If you are not, they will assign a property account n umber and a value to your manufactured home for the current year and possibly one prior year depending upon your date of purchase. The Assessor could send you to the County Land Use Department or otherwise verify that your proposed site address is zoned for manufactured homes. You would then go to the Treasurer's Office to obtain a tax release, which is a statement of all taxes paid. The release is issued only after you pay your current calendar year taxes based on the Assessor's value(s) and any other o outstanding taxes. If you are moving your manufactured home, the Treasurer will require the new site address before the tax release can be issued. If you are selling your manufactured home, you must provide the name of the new owner as it should appear o n the new title to be issued by the State Motor Vehicle Department.

Q. How are manufactured homes values determined?
A. The valuation method used for determining the value of manufactured homes for property taxation purposes shall be a cost method, applying generally accepted appraisal techniques and shall generally provide for: the determination of initial cost of a manufactured home based upon classifications of manufactured homes and sales prices for the various classifications. deductions from initial cost for allowable straight line depreciation, which is developed by the State Property Tax Division; and deductions from initial cost of other justifiable factors, including, but not limited to, functional and economic obsolescence.

Q. Will my assessment show the value for the land as well as the manufactured home?
A. No. The land value appears on a separate assessment. Note also that you will receive two tax bills: One for the manufactured home and one for your lot (unless the lot is a rental).
 

AGRICULTURAL AND GRAZING CLASSIFICATIONS

In order to preserve the limited lands available in New Mexico for agricultural and purposes and grazing, the New Mexico Legislature has given special valuation status to irrigated agricultural land. (7-36-20 NMSA 1978). Qualified owners of such land must register their land for first time use with the County Assessor by the last day in February and must be prepared to prove that agriculture is the primary use of the land. For the purpose of this section, agricultural use generally means the use of land for the production of plants crops, trees, forest products, orchard crops, livestock, poultry or fish. The term also includes the use of land that meets the requirements for payment of other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. The agricultural form is available here.

Q. What is Special Method of Valuation: Agricultural?
A. Grazing valuation claims require proof of the presence of at least one head of livestock on a minimum land requirement of 80 acres (southern Santa Fe County) and 53 acres (northern Santa Fe County) and proof that the livestock has access to all of the agricultural land for the tax year. This may be in the form of a grazing lease, a personal property declaration of livestock that graze on the land, or some other proof of grazing use. Grazing, however, must be the primary use of the land in order to qualify.

Q. What is the difference between wet and dry agricultural land?
A. As defined in chapter 7-36-20, wet or irrigated land is all agricultural land, of which minimum of one acre is cultivated, and is receiving supplemental water through irrigation ditches.

Q. What if there is an improvement (house) on the agricultural land?
A. One-half acre will be designated as home site and will be valued at market value. A homesite, as the term is used in Property Tax Division Regulation 36-20: 1, means the site is used primarily as a residence and is more than the boundary of the foundation of an improvement used as a residence. All remaining land will receive the agricultural valuation rate providing that the primary use of the remaining land qualifies as agricultural under the statute.

Q. How does the Assessor determine whether the primary use of the land is agricultural?
A. The determination is based on the evidence provided. No exemption will be granted if there is evidence that the land is being held for speculative land subdivision and sale; for commercial use of a non-agricultural nature; recreational use; if the land is being leased and whether or not the lessee is using it for agricultural purposes; or any other nonagricultural use.

Q. What is the minimum acreage that qualifies for an agricultural/grazing classification?
A. One acre (PTD Regulation 36-20:2) of non-improved land is the minimum acreage that can be used as agriculture, and 80 acres minimum for grazing.

Q. What does agricultural products mean?
A. Agricultural products include: plants, crops, trees, forest products, orchard crops, livestock, wool, mohair, hides, pelts, poultry, fish, dairy products and honey.

Q. Does the Assessor's Office have the right to request income and expense information from a taxpayer who is applying for agricultural valuation?
A. Yes. Property Tax Division Regulation 36-20-7 indicates the application form may contain a request for providing information on the owner's farm income and farm expenses reported to the U.S. Internal Revenue Service on Schedule F.

MOVING OR SELLING OF MANUFACTURED HOMES

Q. I am thinking of either moving or selling my manufactured home. Are there any special arrangements I must make?
A. By state law, manufactured home owners have to prepay taxes if they are going to sell or move their manufactured home to a new location. Current year taxes have to be paid before the manufactured home can be moved or the title transferred to the new owner.

LAND AND SPLITS AND COMBINATIONS

Q. Are there any special arrangements I must take before recording a property split or combine survey plat?
A. Several Counties have an ordinance which states that taxes owing on the property in question must be paid in full before the Treasurer's office will sign a County Certification of Taxes Paid and the survey plat itself.

Q. If taxes are owed on a parcel of land that has been split or combined with another parcel, who is responsible for the taxes on the original parcel?
A. Under 7-37-7 NMSA 1978, the owner of record on January 1 of each tax year is responsible for taxes assessed for that tax year. A tax l lien is attached to the property upon failure to pay taxes, irrespective of ownership changes made after January 1 of each year.

TAX PROTESTS

Q. How can I protest my taxes?
A. By State law (7-38-40 NMSA), property owners may protest their property taxes by filing a claim for refund in District Court no later than the 60th day after the tax due date, November 10. The property owner, however, must pay all property taxes due before they become delinquent. The claim for refund must be in a format and contain the information required by State law. If a valuation protest has already been filed for the same tax year for the same problem with the County Assessor (7-38-22 and 7-38-24 NMSA), the owner is prohibited from filing a claim for a refund in District Court.

Q. I protested my property valuation and was told by the Assessor's office that I should receive another property tax bill with the correct valuation. How long will it be before I receive the new tax bill?
A. Check the valuation on your tax bill. If the value is in error and your valuation protest was allowed, check with your appraiser at the Assessor's Office to see if the necessary paperwork has been processed. Once the Treasurer's Office has received the paperwork from the Assessor, it may take 6 - 8 weeks before you receive an amended tax bill or refund. If your valuation protest was disallowed, you will not receive another tax bill. You must pay the amount you were taxed by December 10 and May 10 (first and second halves), or you will incur penal penalty and interest charges.

Q. My valuation protest is still pending. Do I have to pay my taxes by December 10?
A. According to state law, you must pay at least the amount of tax due on the value not in dispute by December 10. If your valuation protest is s till not resolved by the second half due date of May 10, you must also pay the 2nd half tax on value not in dispute.

Q. Will I be charged interest and penalty on my amended tax bill if I don't pay by December 10?
A. No. Your corrected tax bill will have a new delinquency date and you will receive your new bill at least 30 days before the date the taxes must be paid.
 

OTHER TAX FACTS

Q. What agencies and services are provided for by my property taxes?
A. The following agencies and services are funded by pr property taxes: local city governments, County government; public schools (including Santa Fe, Moriarty, Pojoaque, and Espanola, the Edgewood Soil and Water Conservation District, the Eldorado Sanitation and Water District, the Santa Fe Community College and the State of New Mexico. Each property owner pays taxes based on the value of the property owned. The exact distribution of your tax depends on where you live within the County. Your tax bill will indicate what taxes you pay.

Q. What happens to my taxes after they are collected?
A. These taxes are disbursed to the agencies for whom we collect in the month following collection. Until that time the County Treasurer invests these funds in time deposits with approved banks and savings and loan companies with in the County, and participates in the State investment pool. The Treasurer is also authorized by state statute to invest in securities backed by the full faith and credit of the U.S. government.

Q. Is there a limit to the amount of my property taxes that can increase?
A. Tax increases are subject to yield control which applies to County valuation as a whole, not to individual parcels. Yield control places a 5% increase limit on the amount of taxes local governments may receive from reappraisal. It does not place a cap on how much a particular property's value may increase. It does place a cap on how much property tax local taxing agencies may receive. By limiting the annual amount of property taxes that can be collected, yield control limits the amount individual property owners will pay. Taxes assessed to retire voter approved bonded debt is not subject to yield control. The law limits the overall total tax increase for the operational budgets of most local governments. If the property tax base increases, then the average rate should decrease.

Q. I recently purchased my new house. What must I do to get the property tax bill in my name?
A. You should ensure that your transfer deed is recorded at the County Clerk's Office and at the Assessor's Office. By contacting the Assessor's office you will take care of changing the name on the property, thereby helping ensure you will receive your valuation notice and property tax bill when they are mailed. If you have an address change, you should notify or come in to the Assessor s office to make sure you continue to get your property tax bill on time. You may file for any exemption you are entitled to at the time (Head of Family, Veterans, etc.)

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