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GROSS RECEIPTS TAX REFORM NOT LIKELY IN 2018

Dec 22, 2017
Rewriting and simplifying the tax code in New Mexico has been on the agenda of state legislators for years. For businesses in particular, the gross receipts tax laws are onerous and in desperate need of an overhaul. But yet again, we have come through another year without a successful tax bill, and according to an article by Bruce Krasnow recently published in the Santa Fe New Mexican, we should not expect one in 2018 either.

As we enter an election year, Democrat legislators are unlikely to pass any tax bill which Governor Susana Martinez could claim as a victory – which at this point means any tax bill at all. However, neither is Governor Martinez willing to bend on passing tax reforms, since she refuses to do anything to the tax code without an omnibus bill. Bruce Krasnow writes:

“The lack of a comprehensive fix to the state’s jumbled tax policy has put efforts to amend specific measures on hold. Smaller or stand-alone bills to charge the gross receipts tax on out-of-state internet sales, or tax nonprofit hospitals have been vetoed by Martinez. She has said she will not sign stand-alone tax bills into law without comprehensive changes.”

Representative Jason Harper (R – District 57) has a comprehensive tax reform bill which failed to move forward in 2017, but which he wishes he could put forward in the coming session.

Harper said the governor’s support has now become a detriment as she enters her final year in office. “I’m still pursuing reform, but I’m not naive,” Harper said. He said he plans to introduce what he calls “tax-reform junior,” which will focus on a few areas of the tax law. But according to Harper it won’t provide the benefits of lowering the overall gross receipts tax rate, which has been a detriment to business growth and economic development.

Harper is still working with colleagues to identify the key elements of a streamlined bill, but says it has not yet been drafted. A spokesman for the governor said both Wirth and House Speaker Brian Egolf, D-Santa Fe, said they would support a broader tax reform effort during a regular session after completion of the study.”

Impact on New Mexico Businesses
The present gross receipts tax system is a thorn in the side of New Mexico business. While legislators argue about its impact on out-of-state purchases and what to do with the money once it is in the government’s hands, smaller businesses that largely operate within New Mexico are left with accounting and cash-flow troubles. Troubles that are unnecessary and costly, reducing opportunities for growth.

The political maneuvering happening around this issue hurts businesses at a time when we have great opportunity for growth. The recession is over. The economy is picking up speed. Governor Martinez and the legislators on the Revenue Stabilization and Tax Policy Committee need to remember that business does not halt for politics, and small business owners like myself are still losing time and spending power.

By Chuck Sheldon, MBA
President, CEO, CCIM, CPM, of T & C Management, LLC
President Pro Tem, AANM
President Elect, IREM

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19 Apr, 2022
Rent prices are surging in Albuquerque.
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By Dani Villanueva 15 Mar, 2021
In Albuquerque, we are over 15,000 housing units short of the recommended housing supply needed, as quantified by The Urban Land Institute. Currently, there is less than one month’s supply of homes on the market for sale. Apartment inventory for sale is at an all-time low and occupancy is the highest rate it has been in many years at 96% as shown by COSTAR. Usually, we would see plenty of new housing being built. But we have a major impact on construction due to COVID-19, affecting labor and creating a shortage. Consequently, we are seeing higher lumber prices, a 40% increase over the past year, going from $600 per thousand board feet to over $1,000/ TBF. Furthermore, we will see over a 20% increase in housing costs, driving average housing prices to nearly $300,000, making it more difficult for first time home buyers, potentially denying them the opportunity altogether. Rental rates will also increase resulting in renting a 1,000 sq ft 2-bedroom apartment at $1,500 per month, requiring an income qualification of $58,000 per year. This has become the perfect storm – limited supply, raising costs, and a pandemic keeping people in place. All this is happening, and we have tenants unable or unwilling to pay rent. Undoubtedly, people have lost jobs, gotten sick, and have children at home being home schooled. They are out of options. They have also not read or understand the CDC’s ruling prohibiting evictions, thinking they do not have to pay rent when they are able to, as their pensions or incomes have not been affected. Owners are in a vice, tenants are not paying, and operational costs are high. In addition to tax costs and utilities going up, owners are faced with trying to make repairs with less or no income. Rental assistance is mired in red tape as tenants are not able to qualify, or write-off getting assistance altogether due to the cumbersome paperwork requirements. Owners are unable to liquidate or refinance due to large rental balances and affected income. It has been estimated that there is over 40 Billion dollars outstanding in rents and growing. On a local scale, our company has an 8% delinquency rate equivalent to $300,000+ in unpaid rents. The effects are already being felt by owners and residents alike – and now an onslaught of legislation assaulting real estate. All proposed bills are well-intentioned, but the unintended consequences will further cripple the real estate market by limiting supply and affecting the inflow of capital. The following are what is proposed. Full bills can be found on the state’s legislative website: HB19 - Real Estate Transfer Act, SB333 - Foreclosure and Housing Study SB338 - Domestic Violence Victim Release from Lease SB349 - Mortgage Relief Act, HB291 – Adding New Brackets to the Income Tax, HB 111 – Housing Discrimination There is a whole range of proposed legislation affecting real estate without any orchestrated approach. The affect will be catastrophic – increasing taxes, facilitating the removal of tenants while leaving owners worried that the removal could affect the standing rental contract, and a housing discrimination bill that affects all owners. HB 111 dissipates an owner’s right to decide who they want to rent to. Removal maybe considered discriminatory in some cases. Arguments are made that owners just evict tenants. Eviction costs 2 to 3 times the monthly rent when considering lost rent, unit repairs, and leasing costs. On a four-plex this could be 25% of a building’s revenue for the year. Eviction is the owner’s last resort. This perfect storm will result in less housing, not more, exacerbating the homelessness issue. We currently have over 2,000 homeless waiting for housing. Putting limits on collections, removal for non-conformity, and non-payment will force owners to increase requirements so only those with better credit scores will qualify for housing. Unintended consequences will affect all New Mexicans. Read the bills; contact your representatives to express your concerns.
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By Daniela Villanueva 01 Dec, 2020
To our T&C Residents and Owners, We understand the importance of the work we are doing with caring for and leasing the properties that are managed by us. With the health of our workers and tenants being of the utmost importance, we have decided to only perform emergency work orders during the spike in COVID-19 cases. What constitutes an emergency? Below is a list of what we consider emergencies and what we will be servicing from here on out until the COVID risk diminishes. Emergencies include: Fires Leaks (Water or Gas) No Power Fridge or Stove not working No Water Clogged/Leaking Toilets Break-Ins Broken Windows Heater Malfunctions (This emergency is contingent on the temperature being below 60 degrees). We know that there are other things that may require attention, but please bear with us and know that we are only making this change as a direct cause of the spike in COVID-19 cases here in New Mexico and around the country overall. If you have any additional questions, please feel free to reach out to your property manager directly or to our main office. Queridos Residentes de T&C, T&C Management entiende la importancia del trabajo que hacemos al mantener y rentar las propiedades que manejamos. La salud de nuestros empleados y residentes es lo mas importante para nosotros. Por eso es que haremos unos cambios operacionales durante este tiempo de alto riesgo del Corona Virus. Por algun tiempo, solamente atenderemos a las solocitudes de mantenimiento que se consideran emergencias. Que es lo que se considera una emergencia? Abajo encontrara una lista de las emergencias que atenderemos durante este tiempo de alto riesgo hasta que los casos del COVID-19 empiezen a bajar. Emergencias: Incendios Gotera de Agua o de Gas No Electricidad Refrigerador o Estufa que no funcione No tener agua Banos tapados Si alguien entra de fuerza a su unidad Ventanas quebradas El calentador no funciona (solo se considera emergencia si la temperatura baja de 60 grados). Sabemos que hay otras cosas que pueden requerir atencion, pero les pedimos paciencia durante estos cambios que estamos implementando en resultado al alto riesgo del virus en este momento. Si tiene alguna otra pregunta, no dude en comunicarse con su manegadora o con la oficina principal.
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