Form Rpd-41329 - New Mexico Sustainable Building Tax Credit Claim Form Page 3
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5State of New Mexico - Taxation and Revenue Department
RPD-41329
Rev. 08/27/2014
SUSTAINABLE BUILDING TAX CREDIT
Page 1 of 3
CLAIM FORM
amount of sustainable building tax credit for which the building
ABOUT THIS CREDIT
The purpose of the Sustainable Building Tax Credit is to
owner is eligible.
encourage the construction of sustainable buildings and the
NOTE: Buildings owned by state or local governments, public
renovation of existing buildings into sustainable buildings. For
tax years ending on or before December 31, 2016, the tax credit
school districts, or tribal agencies do not qualify as a sustainable
building for purposes of the sustainable building tax credit.
is available for the construction in New Mexico of a sustainable
building, for the renovation of an existing building in New Mexico
into a sustainable building, or for the permanent installation of
To apply for a certificate of eligibility, contact the Energy
Efficiency and Green Building Administrator at (505) 476-3254,
manufactured housing in New Mexico, regardless of where the
or write to Energy, Minerals and Natural Resources Department,
housing is manufactured, that is a sustainable building.
1220 So. St. Francis Dr., Santa Fe, NM 87505.
The credit is available for residential and commercial buildings,
Annual Limits Established for Approving Applications
after the construction, installation, or renovation of the
sustainable building is complete. To qualify for the sustainable
Effective January 1, 2014*, EMNRD cannot issue a certificate
of eligibility if the total amount of sustainable building tax credits
building tax credit, the building must have achieved a silver
issued in a calendar year exceeds an aggregate amount of
or higher certification level in the Leadership in Energy and
Environmental Design (LEED) green building rating system or
$1,000,000 with respect to sustainable commercial buildings and
an aggregate amount of $4,000,000 with respect to sustainable
the Build Green NM rating system.
residential buildings, provided that no more than $1,250,000 of
Tax Credit For Sustainable Commercial Buildings
the aggregate amount with respect to sustainable residential
buildings shall be for manufactured housing. Applications are
The credit calculation is based on the certification level the
considered in the order received.
building achieved in the LEED green building rating system and
the amount of qualified occupied square footage in the building.
If for any tax year, EMNRD determines that the applications
See the commercial building rate chart on the last page of the
for sustainable building tax credits with respect to sustainable
instructions for Form RPD-41327, Sustainable Building Tax
residential buildings for that taxable year exceed the aggregate
Credit Approval.
limit above, EMNRD may issue certificates of eligibility under
Tax Credit For Sustainable Residential Buildings
the aggregate annual limit for sustainable commercial buildings
to owners of sustainable residential buildings that meet the
The credit calculation is based on the Build Green NM rating
requirements of EMNRD and of the sustainable building tax
system certification level and the amount of qualified occupied
credit, provided that applications for sustainable building credits
square footage in the building. See the residential building rate
for other sustainable commercial buildings total less than the
chart on the last page of Form RPD-41327, Sustainable Building
full amount allocated for tax credits for sustainable commercial
Tax Credit Approval.
buildings.
To qualify for the sustainable building tax credit, the certification
*Prior to January 1, 2014, the aggregate limitations for a calendar
level for a sustainable residential building must be awarded on
year were $5,000,000 with respect to sustainable commercial
or after January 1, 2007, and the building owner must be:
buildings and $5,000,000 with respect to sustainable residential
(1) the owner of the sustainable residential building at the
buildings.
time the certification level for the building in the LEED green
building rating system or the Build Green NM rating system is
Tax Credit Forms
awarded, or
Before you can claim a credit, the Taxation and Revenue
(2) the subsequent purchaser of a sustainable residential
Department must give you approval to receive the credit. The
building with respect to which no tax credit has been previously
following list shows all the forms for sustainable building tax
claimed.
credits:
•
RPD-41327, Sustainable Building Tax Credit Approval
Obtaining the Certificate of Eligibility
•
RPD-41342, Notice of Transfer of Sustainable Building Tax
The owner of the building must first obtain a certificate of
Credit
eligibility for the sustainable building tax credit from EMNRD
•
RPD-41329, Sustainable Building Tax Credit Claim Form,
after the construction, installation, or renovation of sustainable
which includes Schedule A.
building is complete. EMNRD determines whether the building
owner meets the requirements as a sustainable residential or
Requesting the Tax Credit Approval from the Taxation and
sustainable commercial building and verifies the certification
Revenue Department
level awarded for the building.
After EMNRD issues the certificate of eligibility, the owner
of the building must promptly complete Form RPD-41327,
If approved, EMNRD issues the building owner a certificate of
Sustainable Building Tax Credit Approval, and submit it to the
eligibility. The certificate includes the rating system certification
Taxation and Revenue Department (TRD) with a copy of the
level awarded to the building, the amount of qualified occupied
certificate of eligibility. If all requirements have been complied
square footage in the building, and a calculation of the maximum
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