46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TAXATION; CHANGING THE MAILING DATE FOR PROPERTY TAX BILLS AND THE PAYMENT DUE DATE FOR PROPERTY TAXES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 7-38-36 NMSA 1978 (being Laws 1973, Chapter 258, Section 76, as amended) is amended to read:

"7-38-36. PREPARATION AND MAILING OF PROPERTY TAX BILLS.--

A. A copy of the property tax schedule prepared by the county assessor shall be delivered to the county treasurer [on] no later than October 1 of each tax year.

B. Upon receipt of the property tax schedule, the county treasurer shall prepare and mail property tax bills to either the owner of the property or any person other than the owner to whom the tax bill is to be sent. Tax bills shall be mailed no later than [November 1] October 15 of each tax year. The validity of the tax, the time at which the tax is payable or any subsequent proceeding instituted for the collection of the tax is not affected by the failure of a person to receive his tax bill.

C. To obtain the maximum efficiency and coordination between their offices, a county treasurer and a county assessor may stipulate by written agreement that property tax bills be prepared or mailed, or both, by the county assessor. An agreement authorized under this subsection shall include provisions for the allocation of costs of the functions delegated to the county assessor and [must] shall be approved by the board of county commissioners."

Section 2. Section 7-38-38 NMSA 1978 (being Laws 1973, Chapter 258, Section 78, as amended) is amended to read:

"7-38-38. PAYMENT OF PROPERTY TAXES--INSTALLMENT DUE DATES--REFUND IN CASES OF OVERPAYMENTS.--

A. Unless otherwise provided in the Property Tax Code, property taxes in the amount of ten dollars ($10.00) or over are payable to the county treasurer in two equal installments due on [November 10] October 25 of the year in which the tax bill was prepared and mailed and on April 10 of the following year. A board of county commissioners may, by ordinance, provide that property taxes under ten dollars ($10.00) are due and payable in a single payment on [November 10] October 25 of the year in which the tax bill was prepared and mailed. No demand for payment of property taxes is necessary.

B. If a taxpayer remits an amount in payment of his property taxes that exceeds the total property tax liability shown on the property tax bill, together with any applicable penalty and interest computed to the date payment is received by the county treasurer, a refund of the amount in excess shall be made to the taxpayer if either of the following conditions are met:

(1) a written request for the refund is made by the taxpayer and received by the county treasurer within sixty days of the date the excess payment is received by the county treasurer; or

(2) the county treasurer on his own initiative determines by June 30 of the year following the year for which taxes are imposed that an excess payment has been made."

Section 3. APPLICABILITY.--The provisions of this act apply to the 2003 and subsequent property tax years.