SENATE BILL 448
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Mark Boitano
AN ACT
RELATING TO PROPERTY TAXATION; REQUIRING VALUATION OF RESIDENTIAL PROPERTY AT ITS CURRENT AND CORRECT VALUE BY 2009; REESTABLISHING A THREE PERCENT LIMIT TO VALUATION INCREASES TO BEGIN IN 2010; PROVIDING THAT TRANSFERRED RESIDENTIAL PROPERTY NOT BE REVALUED UPON SALE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 7-36-21.2 NMSA 1978 (being Laws 2000, Chapter 10, Section 2, as amended) is amended to read:
"7-36-21.2. LIMITATION ON INCREASES IN VALUATION OF RESIDENTIAL PROPERTY.--
A. Residential property shall be valued at its current and correct value in accordance with the provisions of the Property Tax Code; provided that for the [2001] 2010 and subsequent tax years, the value of a property in any tax year shall not exceed the higher of one hundred three percent of the value in the tax year prior to the tax year in which the property is being valued or one hundred six and one-tenth percent of the value in the tax year two years prior to the tax year in which the property is being valued. This limitation on increases in value does not apply to:
(1) a residential property in the first tax year that it is valued for property taxation purposes;
(2) any physical improvements made to the property during the year immediately prior to the tax year or omitted in a prior tax year; or
(3) valuation of a residential property in any tax year in which
[(a) a change of ownership of the property occurred in the year immediately prior to the tax year for which the value of the property for property taxation purposes is being determined; or
(b)] the use or zoning of the property has changed in the year prior to the tax year.
B. Beginning in tax year 2010, if a change of ownership of residential property occurred in the year immediately prior to the tax year for which the value of the property for property taxation purposes is being determined, the value of the property shall [be its current and correct value as determined pursuant to the general valuation provisions of the Property Tax Code] not exceed the higher of one hundred three percent of the value in the tax year prior to the tax year in which the property is being valued or one hundred six and one-tenth percent of the value in the tax year two years prior to the tax year in which the property is being valued.
C. To assure that the values of residential property for property taxation purposes are at current and correct values in all counties prior to application of the limitation in Subsection A of this section, the department shall determine for the [2000] 2009 tax year the sales ratio pursuant to Section 7-36-18 NMSA 1978 or, if a sales ratio cannot be determined pursuant to that section, conduct a sales-ratio analysis using both independent appraisals by the department and sales. If the sales ratio for a county for the [2000] 2009 tax year is less than [eighty-five] ninety-two, as measured by the median ratio of value for property taxation purposes to sales price or independent appraisal by the department, the county shall [not be subject to] be prohibited from applying the limitations of Subsection A of this section and the department shall conduct a reassessment of residential property in the county so that by the [2003] 2010 tax year, the sales ratio is at least [eighty-five] ninety-two. After [such] the reassessment, the limitation on increases in valuation in this section shall apply in those counties in the earlier of the [2004] 2011 tax year or the first tax year following the tax year that the county has a sales ratio of [eighty-five] ninety-two or higher, as measured by the median ratio of value for property taxation purposes to sales value or independent appraisal by the department. Thereafter, the limitation on increases in valuation of residential property for property taxation purposes in this section shall apply to subsequent tax years in all counties.
D. An assessor shall determine the valuation of residential property annually for taxation purposes.
[D.] E. The provisions of this section do not apply to residential property for any tax year in which the property is subject to the valuation limitation in Section 7-36-21.3 NMSA 1978.
[E.] F. As used in this section, "change of ownership" means a transfer to a transferee by a transferor of all or any part of the transferor's legal or equitable ownership interest in residential property except for a transfer:
(1) to a trustee for the beneficial use of the spouse of the transferor or the surviving spouse of a deceased transferor;
(2) to the spouse of the transferor that takes effect upon the death of the transferor;
(3) that creates, transfers or terminates, solely between spouses, any co-owner's interest;
(4) to a child of the transferor, who occupies the property as [his] that person's principal residence at the time of transfer; provided that the first subsequent tax year in which that person does not qualify for the head of household exemption on that property, a change of ownership shall be deemed to have occurred;
(5) that confirms or corrects a previous transfer made by a document that was recorded in the real estate records of the county in which the real property is located;
(6) for the purpose of quieting the title to real property or resolving a disputed location of a real property boundary;
(7) to a revocable trust by the transferor with the transferor, the transferor's spouse or a child of the transferor as beneficiary; or
(8) from a revocable trust described in Paragraph (7) of this subsection back to the settlor or trustor or to the beneficiaries of the trust.
G. For the property tax year 2009:
(1) all residential property shall be valued at its current and correct value, except as set forth in this subsection;
(2) a three percent property tax limitation shall not be imposed on residential property; and
(3) residential property subject to the valuation limitation in Section 7-36-21.3 NMSA 1978 shall continue to be valued pursuant to provisions of that section and shall not be subject to the provisions of this subsection."
Section 2. APPLICABILITY.--The provisions of this act apply to the 2009 and subsequent property tax years, unless otherwise stated.
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