New Mexico 2022 Regular Session

New Mexico House Bill HB158

Caption

Real Estate Transfer Taxes & Social Security

Impact

A significant aspect of HB158 is the exemption of Social Security income from state income tax for certain qualifying individuals. This provision specifically targets lower-income earners including single individuals making $72,000 or less, heads of households or joint filers up to $100,000, and married individuals filing separately with incomes up to $50,000. The bill aims to alleviate the tax burden on these demographics, thus potentially impacting the state’s overall tax collection and fiscal arrangements.

Summary

House Bill 158, also known as the 'Real Estate Transfer Tax Act,' introduces a new excise tax on transfers of residential property in New Mexico. The bill specifies that a tax rate of one-half percent is applicable for properties valued between $500,000 and $750,000, and a rate of one and twenty-five hundredths percent applies for properties exceeding $750,000. Additionally, it outlines that tax payment responsibility lies with the transferee of the property, who must pay the tax to the county clerk prior to recording the transfer. The effective date for these provisions is set for July 1, 2022.

Contention

As with many tax-related bills, discussions surrounding HB158 have revealed notable contention. Proponents argue that the introduction of the real estate transfer tax could provide much-needed revenue for the state, especially in areas like schools and infrastructure. However, opponents express concerns over increased taxes during economic challenges, worrying that additional taxes may discourage property transactions and impact housing affordability. The balance between generating state revenue and ensuring the financial accessibility of housing for residents remains a contentious point.

Additional_notes

The bill also requires the county clerk to report tax collections and allows a small administrative fee to be retained by the county. Overall, HB158 reflects a significant change in the taxation landscape of New Mexico, focusing on real estate while providing specific exemptions aimed at easing the financial burden on seniors and low-income individuals.

Companion Bills

No companion bills found.

Previously Filed As

NM H4350

Authorizing the town of Brookline to levy a real estate transfer fee on certain real property transfers

NM S1937

Enabling a local option for a real estate transfer fee to fund affordable housing

NM H3056

Enabling a local option for a real estate transfer fee to fund affordable housing

NM HB05979

An Act Exempting Conveyances And Sales Or Transfers Of Controlling Interest To Public Housing Authorities From The Real Estate Conveyance Tax And The Controlling Interest Transfer Tax.

NM H3931

Establishing a real estate transfer fee upon the transfer of residential property in the Town of Falmouth for the purpose of funding affordable housing

NM A1217

Eliminates supplemental realty transfer fee and one percent fee on transfers of certain commercial real estate and tax on sale of controlling interests in certain commercial real property.

NM SB596

Eliminating transfer taxes for siblings and for LLC solely owned by individual transferor

NM H7702

Includes payment of social security benefits to the modification reducing federal adjusted gross income on personal income taxes.

NM H5758

Includes payment of social security benefits to the modification reducing federal adjusted gross income on personal income taxes.

NM S0409

Includes payment of social security benefits to the modification reducing federal adjusted gross income on personal income taxes.

Similar Bills

WY HB0073

AN ACT relating to ad valorem taxation; establishing the value of residential real property for purposes of taxation; providing definitions; making conforming amendments; requiring rulemaking; and providing for effective dates.

CA AB2145

Housing finance: barriers to downsizing: study.

CA SB880

Residential property: contract: fees.

NJ A4951

Exempts transfers of residential real property between family members from inheritance tax.

MI HB4014

Property tax: assessments; transfer of ownership of certain real property to certain individuals; exempt from uncapping of taxable value upon transfer. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

MI SB0819

Property tax: assessments; inapplicability of pop-up to taxable value resulting from interspousal transfers of ownership interests in legal entities; clarify. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

CA SB237

Oil spill prevention: gasoline specifications: suspension: California Environmental Quality Act: exemptions: County of Kern: transportation fuels assessment: coastal resources.

NJ S985

Exempts transfers of residential real property between family members from inheritance tax.