Section 7-37-5.1 - Disabled veteran exemption. - New Mexico Statutes

7-37-5.1. Disabled veteran exemption.

A.     As used in this section:

(1)     "disabled veteran" means an individual who:

(a)     has been honorably discharged from membership in the armed forces of the United States or has received a discharge certificate from a branch of the armed forces of the United States for civilian service recognized pursuant to federal law as service in the armed forces of the United States; and

(b)     has been determined pursuant to federal law to have a one hundred percent permanent and total service-connected disability; and

(2)     "honorably discharged" means discharged from the armed forces pursuant to a discharge other than a dishonorable or bad conduct discharge.

B.     The property of a disabled veteran, including joint or community property of the veteran and the veteran's spouse, is exempt from property taxation if it is occupied by the disabled veteran as his principal place of residence.  Property held in a grantor trust established under  Sections 671 through 677 of the Internal Revenue Code of 1986, as those sections may be amended or renumbered, by a disabled veteran or the veteran's surviving spouse is also exempt from property taxation if the property otherwise meets the requirements for exemption in this subsection or Subsection C of this section.

C.     The property of the surviving spouse of a disabled veteran is exempt from property taxation if:

(1)     the surviving spouse and the disabled veteran were married at the time of the disabled veteran's death; and

(2)     the surviving spouse continues to occupy the property continuously after the disabled veteran's death as the spouse's principal place of residence.

D.     The exemption provided by this section may be referred to as the "disabled veteran exemption".

E.     The disabled veteran exemption shall be applied only if claimed and allowed in accordance with Section 7-38-17 NMSA 1978 and the rules of the department.

F.     The veterans' services department shall assist the department and the county assessors in determining which veterans qualify for the disabled veteran exemption.