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Oil and Gas Properties ..... 20-2~.7 Public Utilities ........... 20229 Arizona .................... 20-230 Mines .............. • ...... 20-242 Public Utilities ...........

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Page 1: TI19703832
2001 PROPERTY TAXES •.. all taxes .on property, real and personal, intangib'les, capffal stock and special provi- sions on utilities.., tax rates, exemptions and report requirements . . . and summary of current tax legislation. TABLE OF CONTENTS Page Correlator ......................................... 2005 Chart of State Free Port Law Requirements .......... 2021 Property Taxation of Bus~ess Inventories .......... 2022 State Summaries ................................... 2041 Summary of Current Tax Legislation ................ 2901 STATE SUMMARIES Paragraph Alabama ................... 20-200 Shares of Domestic Corpo- rations .............. :.. 20-212 Public Utilities ........... • 20-213 Alaska ..................... 20-215 Oil and Gas Properties ..... 20-2~.7 Public Utilities ........... 20229 Arizona .................... 20-230 Mines .............. • ...... 20-242 Public Utilities ........... 20-243 Arkansas ................... 20-245 Public Utilities ........... 20-257 California .................. 20-260 Public Utilities ........... 20-272 Private Railroad Car Tax ,. 20-273 Cotton Tax ............... 20274 Timber Yield Tax ....... 20.274.1 Colorado,, . ................ 20-275 Mines ............ " ........20-287 Public Utilities ........... 20-289 Connecticut ....... • ......... 20-290 Delaware ................... 20-305 Public Utilities ........... 20-317 District of Columbia ........ 20-320 Public Utilities ........... 20-332 State Tax Guide Paragraph Florida ......... ' ............ 20-335 Intangible Personal prop- erty Tax ................ 20-347 Public Utilities . ~ ......... 20-349 Mineral Property ......... 20-349.1 Georgia .................... 20-350 Intangible Personal Prop- erty Tax ............... 20-361 Public Utilities ............ 20-363 Motor Veh~cl&~ and Mobile • .Homes ................ 20-364 Hawaii .................... 20-365 Idaho ............ . ......... 20-380 Mines and Mining Claims.. 20-391 Forest Lands and Products 20-391.1 Public Utilities ........... 20-393 Transient Personal Property. 20-394 Illinois ..................... 20-395 Public Utilities ........... 20408 Mobile Homes ........... 20-408.1 Indiana .................... 20-410 Intangibles Taxes ........ 20-421 Public Utilities ........... 20-423 Navigation Companies ..... 20-424 Iowa ..... : ................. 20-425 Public Utilities ........... 20-437 Grain Handling Tax ....... 20-438 TI19703832
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2OO2 Paragraph Kans~ ..................... Pubtic Utilities ........... 20-452 Grain Handling Tax ....... 20-453 Transient Livestock ....... 20-454 Motor Vehicles .......... 20-454.1. Kentucky .................. 20-455 Public Utilities ........... 20-467 Distilled Spirits .......... 20-468 Motor Vehicles ........... 20-469 Louisiana .................. 20-470 Public Utilities ........... 20-482 Maine ..................... 20-485 Public Utilities ........ '... 20-497 Forestry District ......... 20-498 .Tree Growth Tax ......... 20.499 Maryland .................. 20-500 Distilled Spirits .......... 20-512 Publlc Utilities ........... 20-513 Massachusetts .............. 20-515 Public Utilities ... . ....... 20-527 Classified Forest Lands .... 20-528 Michigan ................... 20-530 Intangible Personal Prop- erty Tax ............... 20=539 Public Utilities ........... 20-541 Low-Grade Iron Ore Prop- erties : ................. 20-541.3 Underground Beneficiated Iron Ore Tax ........... 20-542 Forest Reserves ........... 20-544 Minnesota .................. 20-545 Investment Companies .... 20-556 Auxiliary Forests ......... 20-558 Public Utilities ........... 20-559 Airline Companies ....... 20-559.2 Tree Growth Tax ......... 20-559.3 Railroads ................ 20-559.4 Mississippi ..." ...... : .......20-560 Public Utilities .. ~ ........ 20-572 Motor Vehicles ........... 20-573 Bank Intangibles Tax ...... 20-574 Missouri ................... 20-575 Merchants and Manufacturers 20-587 Public Utilities ........... 20-588 Airline Companies ....... 20-588.1 Forest Croplands ........ 20-589 Montana .................... 20-590 Mines and Mining Claims.. 20-602 Public Utilities ........... 20-603 Livestock ................ 20-604 Paragraph Nebrask~ ................... 20-605 Pttb,tic Utilities ........... 20451,6, Air Transportation Carriers 20-619 Nevada .................... Public Utilities ........... 20-632 New Hampshire ............ 20-635 l~ublic Utilities ........... 20-647 Forest Yield Tax .......... 20-648 Boat Tax ................ 20-649 blew Jersey ................ 20-650 Public Utilities ............ 20-693 Business Personal Property Tax ................... 20-662 Public Utilities .......... 204564 New Mexico ................ 20-665 Public Utilities ........... 20-676 Mineral Property ......... 20-677 Oil, Gas and Carbon Diox- ide Production Equipment 20-678 Livestock ................ 20-679 Hew York .................. 20-680 Special Franchises ........ 20-692 Public Utilities ........... 20-693 North Carolina ............. 20-695 Intangible Personal Prop=. erty Tax ............... 20-706 Public Utilities ........... 20-708 blorth Dakota .'. ............ 20-710 Public Utilities . . ......... 20-723 Ohio ....................... 20-725 Grain Handling Tax ...... .,20-737 Dealers in Intangibles ...... 20-738 . Public Utilities ........... 20-739 Tax on Occul~nts of Prop- erty Conveyed to State..20-739A Oklahoma .................. 20-740 Textile Manufact6ries., .... 20-752 Public Utilities ......... ".. 20-753 Oregon .................... 20-755 .•Western Oregon Timberland..20-767 l~.ublic Utilities ........... "20-768 • Wheat Tax .............. 202769 Pennsylvania ............... 20-770 County Personal Property (Intangibles) Tax ...... • 20-778 Corporate Loans Tax ...... 20-780 Capital Stock Tax ......... 20-782 Public Utilities ........... 20-784 © 1981, Commerce Clear~n." g Hou~e~ TllgT~
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2003 Paragraph Rhode Island ............... 20-785 Vessels Engaged ~n Foreign Commeree .............. 20-797 Bank I)eposits ............ 20-798 South Carolina .............. 20-800 Mines .................... 20-812 Airline Companies ........ 20-813 Public Utilities ........... 20-814 South Dakota .............. 20-815 Mobile Homes ........... 20-826.1 Public Utilities ............ 20-827 Grain in Elevators and Ware- houses ................. 20-828 Tennessee .................. 20-830 Texas ...................... 20-845 Utah ....................... 20-860 Public Utilities ........... 20-872 Transient Livestock ....... 20-873 Vermont ................... 20-875 Public Utilities ........... 20-887 Agricultural and Forest Lands 20-888 l:~ara~ra~h Virginia .................... 20-890 Public Utilities ........... 20-902 Washington ................ 20-90,5 Reforestation Lands ...... 20-917 Public Utilities ........... 20-918 Standinff Timber and Forest Lands ................. 20-919 West Virginia .............. 20-920 Public Utilities ........... 20-933 Wisconsin .................. 20-935 Vessels .................. 20-944 Grain Elevators ........... 20-945 Coal Docks ............... 20-946 Scrap Iron or Scrap Steel Docks ................. 20-947 Forest Croplands and Wood- lands .................. 20-948 Public Utilities ........... 20-949 Iron Ore Concentrates .... 20-949.1 Petroleum and Petroleum Products .............. 20-949.2 Wyoming .................. 20-950 Gross Products of Mines .... 20-963 Public Utilities ........... 20-964 [Tko next page is 200S.] State Tax C~aide ~q19703834
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Correl tor PROPERTY TAXES ¶ 20-000 Highlighting the principal features of property tax legislation, the dis- cussion that follows provides an approach to the nature and scope of this type of tax. Property taxes, an old and firmly established form o£ taxation, may be divided into two classes, general property taxes and special property taxes. The general property tax is really a tax on property not subject to special taxes. Special property taxes include taxes ma capital stock, bank property or shares and public utility property. Property tax laws are based upon either of two principles: (1) that all property, without enumeration, unless specifically exempt, is taxable, or (2) that only such classes of property as are specifically enumerated are taxabl.e. T~mbte-- All real property, with very limited exemptions, is taxable in ~t x,~et~r all states and is the backbone of every property tax system. Some tangible personal property is taxable in nearly every '~cab~e-~ state, ranging from "all personal property" to "all personal ~nglble :Per- • Io=~a x,~op~rt~ property located and used in business in the state, all domestic animals kept in the state, all ships and aircraft not used in business wholly in another state." ~x~l,~t,-- The taxation of intangible personal property is more restricted ~nttn#blo rer- in scope. In states purporting to tax all such property, the io~ rro~rW t~rm is not as broad as the property rights protected by con- stitutional guarantees. Thus, franchises, licenses and other privileges which constitute property rights are s'eldom considered property for purposes of ad valorem taxation. Balances owing by the United States to construction contractors for work on army airports may be made taxable for state and local ad valorem purposes without interfering with the credit of the United States or violating the federal statutory exemption of federal obligations. Smith et al. v. Dav~s et al. ('44), 323 U. S. 111, 65 S. Ct. 157. ~e,t ~ rer- All property tax laws taxing real and personal property make' • on,~ rro~ay distinctions in the mode of listing, assessment and collection Dl~tlngul~ltetl which require that real an.d personal property be clearly dis- tinguished, l~early every property tax statute contains a definition and partial enumeration of real and personal property. Most states have constitutional provisions exempt!n.g certain Exemptton~ classes of property otherwise taxable. Such provzstons may be self-executing or may only permit legislative action as to certain property. In some states, intangible property is not taxed because it is outside the classes State Tax~uide Correlator T! 19703835
Page 5: TI19703836
of taxable property. This constrtmtio~a of the term presupposes taxability of the property except in the hands of certain persons or when held for certain uses, in which case the property is exempt. The following are the most common exemptions: (1) school property; (2) church property; (3) cemeteries; (4) state, m_,unicipal or public property; (5) libraries; (6) mutual or non-profit societies property; and (7) federal government property and property protected by the federal constitution. State Tax Commission v. Balf~more National Bank ('35), 169 Md. 65, 180 A. 260, aff'd on other grounds, 297 Lt. $. 209, 56 S. Ct. 417; C~ty of Springfield et d. v. U. S. ('38), 99 F. 26 860, certiorari denied ('39), 306 U. S. 650, 59 S. Ct. 592; United S~ates of America and Mesta Machine Co. v. County of All¢gheny ('44), 322 U. S. 174, 64 S. Ct. 908; City o)~ Cleveland v. United States ('45), 323 U. S. 329, 65 S. Ct. 280; Reconstruction Finance Corporation, Successor to Defense Plant Corporation v. County o]: Beaver, Pennsylvania ('46), 328 U. S. 204, 66 S. Ct. 992 ; The United States of America v. The State o[ Alabama ('4I), 313 U. S. 274, 61 S. Ct. 1011; S. R. A., Inc. v. State of Minnesota ('46), 327 U. S. 558, 66 S. Ct. 749; Walz v. Tax Commissioner of the City of New York ('69), 24 IXl. Y. 2d 30, 298 BI. Y. S. 2d 711, affirmed, U. S. Supreme Court, May 4, 1970. A tax on the beneficial use of tax-exempt property by a lessee or other holder thereof is valid, although measured by the value of the property used. Such a tax is not a contrivance to lay a tax on federally owned property. United States and Bor.q-Warner Corp. (Detroit Gear Divls~on) v. City o[ Detroit ('58), 355 U. S. 466, 78 S. Ct. 474. The fact that the holder of the property is carrying out a contract with the United States does not materially alter the case, since the holder is still acting as a private enterprise selling goods to the United States. United States v. Township of Muskegon; Continental Motors Corp. v. Township of Muskegon ('58), 355 U. S. ~, 78 S. Ct. 483. See also City of Detroit v. Murray Corporaaon of America ('58), 355 U. S. 489, 78 S. Ct. 458; Kirtland Heights, Inc. ~. Board of County Commisdoners of Bernalillo County ('58), 326 P. 2d 672. For discussion of status of private prop- erty located upon federal reservattons, see Surplus Trading Co. v. Cook ( 3 ), 281 U. S. 647, 50 S. Ct. 455. A state may not impose property taxes on privately owned property on a tract of laud over which the state had given exclusive jurisdiction to the federal government. Humble Pipe Line Co. et al. v. Waggonner et al. ('64), 376 U. S. 369, 84 S. Ct. 857. A state statute which taxes the full value of real property leased from the federal government is unconstitutional when lessees from the state are exempt under similar leases. Phillips Chemical Co. z~. Dumas Independent School Distr~t ('60), 361 U. S. 376, 80 S. Ct. 474. Bonds, notes and certificates of indebtedness of the United States, at least if direct obligations of the United States, are exempt from direct taxation, although it has long been settled that such obligations may be considered in determining the value of shares where the tax is a tax upon the shareholders. Home Savings Bank ~. C$ty of Des Molnes ('07), 205 U. S. 503, 27 S. Ct. 571. Likewise, attempted evasion of taxes by temporary investments in federal securities during the assessment period is legally ineffectual. Shotwell ~. Moore ('89), 129 U. S. 590, 9 S. Ct. 362. It had long been considered that patents and copyrights were federal instrumentalities and therefore exempt, but it was decided in Fox Film Corp. v. DoyaI et al. ('32), 286 U. S. 123, 52 S. Ct. 546, that they were in no sense federal instrumentalities, but private prop- erty. This decision is generally accepted as opening the way for general property taxation. Correlator © 1980, Commerce Clearing House, Inc. Ti19703836
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~th~n the field of privately owned property affected in some manner with a federal governmental interest, taxation by the states may often depend upon the grant or denial of power by Cong~ss. Examples: bank stock, veterans' compensation. La~'ence ~. Stm~ et al. (37), 300 O. S. 245, 57 Fx Ct. 443~ While a nondiscriminatory property tax on imported goods that are no longer in impart .transit has been upheld (Michelin Tire Corp. v. Tax ComrMs- Moner ('75), 233 Ga. 712, 214 S~ E. 2d 349, affirmed by U. S. Supreme Court, Docket No. 74-1396, January 14, 1976), impprts generally are ex- empt so long as they remain in the original packages. Brovxm v. Maryland (1827), 12 Wheat. (U. S.) 419. This doctrine has been modified to the extent that immunity is lost when imported materials are made ready for current operating needs. Imported wood veneers which were still in the "original package," and which had not been subject to any process to alter their form or composition, were held to be taxable as constituting a stockpile of raw material essential to the manufacturer. Youngstown Sheet and Tube Co. v. Bowers; United States Plywood Corporaaon v. City of Algornc~ ('59), 358 O. S. 534, 79 S. Ct. 383. A less stringent rule is applied to goods in interstate transit, namely, that such goods become taxable when coming to rest for any sub- stantial period of time, where the delay is not unavoidable or from natural causes. Goods destined for interstate or foreign transit are taxable until started upon their final route. Coe v. Errol ('86), 116 U. S. 517, 6 S. Ct. 475; Empresa Siderurglca, S. A., et al. v. County o1: Merced, et ol. ('49), 337 U. S. 154, 69 S. Ct. 995. Property tax imposed by political subdivisions of California on cargo shipping containers, owned by Japanese shipping companies mad used exclu- sively to transport cargo aboard vessels engaged in foreign commerce is unconstitutional, lapan Line, Ltd. v. County of Los Angeles, U. S. Supreme Court, Dkt. No. 77-1378, April 30, 1979. A state may exempt merchandise or agricultural products belon,ging to nonresidents, if such items are held {n a storage warehouse for storage only, without granting a similar exemption to residents. Allied Stores of Ohio; Inc. v. Bowers ('59), 358 U. S. 522, 79 S. Ct. 437. ,,~,~, o~ The basic principle of the general property tax is the assessment As~s~menC of property for taxation at its fair cash value, .estimated at the price it would bring at a fair, voluntary sale. The judicial inter- pretations of value are so numerous and varied as to defy any attempted review. Nearly all states exempt shares of stock in domestic corpora- ]~a~ls---ShsreSln ~x&ble tions, at least if some of the corporate property or capital is Corpoz~t|ons taxable in the state, on the ground that taxation of both the corporations and the shareholders amounts to economic double taxation. The exemption is slightly less common in the case of foreign cor- poration shares. Taxation of the corporate property and of the shares by the same jurisdiction may be double taxation in violation of the uniformity re- quirements of the state Constitution or against the policy of the state but such taxation violates no provision of the Federal Constitution. Klein v. Board of Tax Supervisors of Jefferson County ('30), 282 U. S. 19, 51 S. Ct. 15. Few states successfully assess property on full cash value ~.~-t~o~ of because local valuations are kept low. Thus, in states having A~ss~d Value to AetualValue central equalization agencies any underassessment is fairly uniform throughout the state. Some states provide by statute that assessments shall be upon the basis of a certain percentage of full value, but whatever the statutory basis, the problem of underassessment is unchanged. 8m~ ~ G~i~ Correlator TI19703.837
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As between the statutory mandate o~ ~ or fractional value assessment~ and the unLformity requirements of the state constitutions and the Four~enth Amendment to the Federal Constitution, the requirements of uniformity pre- vM1. Sioux City Bridge Co. v. Dakota County ('23), 260 U. S- 441, 43 S. Ct. 190. But compare Nao-hville, Chattanooga 6" St. Louis Railway v. Browning ('40), 310 U. S. 362, 60 S. Ct. 968, holding that the valuation of public service corporation property at full value, or even in excess of full value, while other classes of property are locally assessed at less than full value, does not violate the equal protection or due process clauses of the Fourteenth .Amendment. Charleston Federal Savings & Loan Association et al. ~. Alderson ('45), 324 U. S. 182, 65 S. Ct. 624. rroperty Since intanffible property will not support taxation at rates s~mlr exceeding the property's annual yield, such property may be classified for special treatment or may be subject to a general lnttngible, income tax, or a registration and recording tax thereby escap- ing ad valorem taxes. Public utility property, difficult to assess, is usually assessed • "ropor~ unitarily by a state body, with the resulting valuations dis- 8pecIally" ~reated-- tributed to the various taxing districts for rate extensions X'ubHc Utilities and collection. Other rropertr Forest lands are often subjected to special methods of taxation s~e~ttns, Trettea to promote conservation. States may defer taxes or substitute low fixed-values in lieu of general property taxes. Stumpage or severance taxes, based on yield, may be imposed. Some states provide for the collection of property taxes at the source, or impose the tax directly on the property's yield. 1Y~iscellaneous classes of property frequently are subject to special "in lieu" taxes instead of the general property taxes. ~erc~nts ~nd Many states make special provisions for the taxation of mer- ~anuf~cturers chants and manufacturers on the average inventory on hand during the preceding year or portion of the year during which business was conducted rather than the inventory on hand on the particular day other assessments are made. ~,te~ o~ T~ General property tax rates usually consist of the aggregate of all levies made by all the tax levying bodies within which any particular property lies or is found--the sum of the levies by school, township, county, state and any other territorial divisions having and exercising the power to levy property taxes. The levy for any particular purpose is at a uniform rate upon all property within the jurisdiction of that taxing body. To keep property taxes within reasonable limits, nearly every • .imit,tion~ state by statute prescribes maximum levy limits for the various tax levying districts or maximum amounts by which levies may be increased in any year, and many also impose over-all limitations restricting the aggregate rate as well as the individual levies. The obliga- tion of contracts clause of the federal Constitution places an important restric- tion upon all such statutory or constitutional limitations, individual or over-all, inasmuch as no state may deny the right to levy a tax sufficient to service lawfully incurred indebtedness or meet other pre-existing lawful obligations. State ex rel. Nelson v. Police ]ury of ParLoh of St. Martin ('84), 111 U. S. 716, 4 S. Ct. 648. An important right of general property taxpayers is that of contesting the legality of all tax levies or the appropriations or budgets upon which the levies are based. Correlotor © 1980, Commerce Clearing Hour,/n~ TI19703838
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Separate classificatkm ot~ intangible property, and taxation at ~-" a low fixed l-ate may be authorized in order to tax property t-t~n#b~ which would otherwise escape taxation. Such tax may be at a higher rate upon deposits in out-of-state banks than upon deposits in Iocal banks. Madden, Executor v. Kentucky ('39), 309 U. S- 83, .60 S. Ct. 406. Public Utilities other property. Property of public utilities may be segregated and made liable to certain levies only, or may be subjected to a fixed rate, or to a special rate calculated to equal the state-wide average for Period Covered Since ad valorem taxes are in no sense privilege taxes, they are --A¢eruti not imposed for a privilege exercised in any year. Because many states have widely varying fiscal years for different tax- ing bodies, it is often difficult to assign the total tax collected and distributed during any one year as taxes for a particular year. However, custom and usage usually result in the designation of taxes as taxes for a particular year; thus taxes assessed as of April 1 annually and collected in the following year are generally considered to be taxes for the year of assessment. In the case of property taxes the question is chiefly important to income taxpayers reporting on an accrual basis who must determine, in which income year property tax liability accrues, in order that t,h,e proper deduction therefor may be taken. The case of U. S. v. Anderson et al. (26), 269 U. S. 422, 46 S. Ct. 131, appears to be authority for the general proposition, applicable to tax- payers on an accrual basis, that there should be charged against the income of a given taxable year the expenses incurred in, and properly attributable to, the process of earning income during that accounting peridd, even though paid in a subsequent year. Most states assess real and personal property as of a fixed date. Assessment Dste The date fixes taxable ownership, situs and valuation of the property. The question of situs of property, i. e., the jurisdiction of the Situs of ~opert~r state at common law and iander the Fourteenth Amendment (due process of law) to tax property, is of the greatest impor- tance, particularly in the case of personal property. The problem is three-fold, (1) has the state jurisdiction, (2) if so, has the state made provisions for giving the property a taxable situs within the state and (3) to what politleal subdivision of the state has the property been allocated for taxation ? It has been settled from an early date that land may be taxed Situs-- " ~Zeal Proper~' only in the state in which it lies, and any property which con- stitutes an interest in land may likewise be taxed only in the state in which the land is located. Sea,or v. Brade~¢ et aL ('$5), 295 U. S. 422, 55 S. Ct. 800. It has been definitely settled by Frick v. Pennsylvgnla ('25), Si*as---TmObte 268 U. S. 473, 45 S. Ct. 603, that a state may not tax tangible Person=l Property personal property found beyond its borders, although prop- erty temporarily outside the state may be taxed at the domicile of the owner. Ships and vessels may be taxed at the domicile of the owner, provided they have acquired no actual situs elsewhere, irrespective of the port of enrollment. Southern Pacific Co. v. Kentucky ('11), 222 U. S. 63, 32 S. Ct. 13. Railroad rolling stock may be taxed at the domicile of the owner when no situs State Tax C~de Correlator Ti 19703839
Page 9: TI19703840
has been acquired elae~vhere; on the other hand, a foreign state in which the owner's refineries and sidings are located does not acquire jurisdiction of all the cars of such owner, but is limited to taxing the number of cars which on the average are physically present within the state. ]ohn,-o~ Oil Refining Co. v. State e~¢ reI. Mitchell ('33), 290 U. ~ 158, 54 S. Ct. 152. See also Nortl,- west Airlines, Inc. v. Minnesota ('44), 322 U. S. 292, 64 S. Ct. 950. As in the case of real property, there appear to be no restrictions upon the situs which may be assigned personal property within the state, provided the state has jurisdletion. As to railroad rolling stock, see Columbus Southern Ry. Co. ~. Wright ('94), 151 U. S. 470, 14 S. Ct. 396. In the case of intangibles, the rule that personal property is Sitas--Int~,,iblo assessable at the domicile of the owner or person in control, l~ersonal ~h'operty who is required to list the same for taxation, has been much more firmly fixed because of the nature of the property and frequent lack of any other taxable situs. Safe Depoxit and Trust Co. v. Com- monwealth ('29), 280 U. S. 83, 50 S. Ct. 59. Thus, a debt or other obligation is taxable to the creditor at his residence or domicile, Kirtland v. Hotchtdss ('79), 100 U. S. 491, but not to the debtor at his residence or domicile. ~t is immaterial that property is used exclusively in interstate commerce, Virglnia v. Imperial Coal Sales Co. ('34), 293 U. S. 15, 55 S. Ct. 12, that the debt is secured by property in another state, Kirtland v. Hotchklss, supra, that the evidence of the indebtedness or right is kept in another state, or that the transaction was executed or the obligation payable in another state. The right of the domiciliary state and state of business situs to each tax property, with resulting double taxation, appears definitely settled by the decision in Curry et al. v. McCanless ('39), 307 U. S. 357, 59 S. Ct. 900, holding that death taxes may be imposed with respect to the same items of intangible personal property by the state of decedent's domicile and by the state in which decedent had created a trust controlling such property. Furthermore, the Court said that there are many circumstances in which more than one state may have jurisdiction to impose a tax and measure it by some or all of the taxpayer's intangibles. The assessment of the propor- tionate interest of a resident trustee in the intangibles forming a trust is valid, although the trust was created and is administered in one state and the life beneficiary and other trustees reside in another state. Greenough, et al., Tr. v. Tax Assessors of the City of Newport ('47), 331 U. S. 486, 67 S. Ct. 1400. With reference to business situs, it is clear that a state may tax such intangibles as are employed in or arise out of the course of dealings in the state or are subject to the management or control of a local agent. New Orleans v. Stempel ('99), 175 U. S. 309, 20 S. Ct. 110; Wheeling Steel Corp. v. Fox et al. ('36), 298 U. S. 193, 56 S. Ct. 773. This is true even though shares of stock are also taxed at the situs of the issuing corporation. First Bank Stock Corporatior~ v. Minnesota ('37), 300 O. S. 684, 57 S. Ct. 677. See also Smith v. ~liax Pipe Line Co. ('37), 87 F. 2d 567, certiorari denied, 300 U. S. 679, 57 S. Ct. 670. As a result of these decisions, nearly every state seriously attempting to tax intangible personal property makes provision for taxing intangibles of non-residents and foreign corpora- tions insofar as a business situs in the state can be found. As in the ease of real and tangible personal property, there appear to be no restrictions upon the situs which may be assigned intangible personal property within the state, as long as the state has jurisdiction. Correlator @ 1980, Commerce Clearing House, Inc. TI 1970"~
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Sm~-~bXie In applying the unitary assessment principle to utilities, wheax- ~tmtr x'r~0~r~ by the valuation o~ the company's property as a whole is required sa .b~t t~ to be determined first, similar principles apply in determining um~rr the portion of an interstate line attributable to the state in A~ses~ment question and in making distribution to the various counties and local districts. See Pullman's Palace Car Co. v. Pennsyl,mn~ ('91), 141 U. S. 18, 11 S. Ct. 876; Ott z,. M~s~rszpp, Valley Barge .Line Co., et d. ( 4 ), 336 13". S. 169, 69 S. Ct. 432; Standard 0i2 Co. et al. v. Peck el d. ('52), 342 O. S. 382, 72 S. Ct. 309; Ro~vley v. Chicago 6" ~rorth V/astern Ry. Co. ('34), 293 U. S. 102, 55 S. Ct., 55 ; Great Northern Ry Co. v. Weeks et d. ('36) 297 O. S. 135, 56 S. Ct. 426. Due to the increasing complexity of the assessment process ~sess|n~ and a need for more revenue, the trend is toward increased Of~elal~ centralization and establishment of a permanent expert assess- ment staff. Full-tlme county assessors have been provided to make assessments, or to supervise the township assessors where the latter have been retained. More important, a permanent state taxing official or body has been established in every state which continues to levy a state property tax to supervise local assessments and increase their efficiency. Returns must be filed with the assessing official on prescribed ]~eturns forms before prescribed dates, or upon demand by the assessors, or may in some instances be made out in the presence of the assessing official. A full description or itemization of taxable property (and oftentimes of exempt property) and also the taxpayer's valuation thereof are usually required. ~ses~ment or Personal property is usually assessed for taxes annually, but ~evl~lon~y real property may be subject to a complete new ~ssessment • .oetl Assessing every three, five or ten years. The local assessing officials ometa~, examine returns, list and assess property not reported. Various types of property may be listed separately, entered on separate tax roils and subjected to special tax rules. Extended provisions are made for assessment of property to the owner or person in control and for the assessment of prop- arty held in trust to the trustee or beneficiary. At this point the question of jurisdiction or taxable situs becomes vital; see Brooke v. C$tN o[ Nor[o~k et a~. ('28), 277 U. S. 27, 48 S. Ct. 422; Ma2or and City Counc$I o]~ Balti~nore v. Gibbs ('34), 166 Md. 364,. 171 A. 37, certiorari denied, 293 U. S. 559, 55 S. Ct. 71. Trustees in bankruptcy need not consider taxes upon property of under- lying companies leased by the bankrupt to be operating expenses entitled to payment. Palmer et al., Trustees, etc., o]: the New York, New Haven and Hart- [ord RMlroad Company v. Webster and Atlas National Bank oj: Boston ('41), 312 U. S. 156, 61 S. Ct. 542; Ph{ladelpM~ Company et al. at. Dipple e~ aI. ('41), 312 U. S. 168, 61 S. Ct. 538. Appeals from the 19cal assessing officials, ordinarily lie to a appeal trom local administrative body and then to the courts of general ~.oe~l Assessing om~i,q,, jurisdiction, although appeals may lie either to a local board or to a state appellate tax board. Every state which levies a property tax for state purposes, Assessment or or at least has any interest in local administration, has a state ]Revision by St~t~ Omei,ls body exercising administrative control over property taxation. Formerly this was often an ex-offi¢io board of state officials, but the present trend is toward a full-time appointive tax commission or similarly designated body with a specially trained personnel. State Tax Guide Correlator Ti 197O3841
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2012 property T~s--Cerrela~or 7~ t-to A~.,~ ~ App~ts ~ state adm~nis~ve ~ ~nvol~ng any of s~ e~, thor funcfi~ lie ~ the ~urts of g~ j~diction. ~t~ ~e ~s~m~t ~1~ have been ~mpl~ and ~e levies ~ll~om of ~ extended a~inst the individual a~e~men~, the ~1~ are d~ivered to ~e collectors wi~ a warrant to collect the ~es appe~ng th~eon. Notice may be published of the times and places at which taxes will be received, and ~n many jurisdictions itemized tax bills are furnished or mailed. ~n many states, t~es for state purposes, or upon particular ~asses of property, or of ee~ain elas~es o[ taxpayers, are payable directly to state o~cials and the potion based upon local levies if any, is then distributed to the local districts entitled thereto. Pr~vision is made in most states for install- ment payments, and occasionally for discounts upon advance payments. CAPITAL STOCK AND SHARE TAXES Corporations are not only the subject of special excise t~:~ation seo~ in most states, but also the subject of or occasion for special ad valorem taxation in several states. Such special ad valorem taxes, imposed in addition to the general property taxes, usually take the form of either capital stock taxes on the capital stock of the corporations, or share taxes upon the interests of the shareholders. Capital stock and share taxes fall into two general groups: (1) those confined to corporate excess or intangible values in excess of tangible assets specifically assessed, and (2) those designed to reach substantially the full value of the capital stock. While taxation of shares under the general property tax laws depends almost entirely upon residence of the shareholders rather than domicile of the corporation (Hawley v. Malden ('14), 232 U. S. I, 34 S. Ct. 201), this is not necessarily true of the special taxes under consideration which take the form of share taxes. Under such taxes, a situation analogous to capital stock taxation may result from the common practice of assigning all shares a situs at the corporate domicile or principal office, rather than at the domicile or residence of the owners, which the state may do. Corry v. Baltimore COS), 196 U. S. 466, 25 S. Ct. 297; Schuylkill Trust Co. v. Pennsylvania ('38), 302 U. 5. 506, 58 S. Ct. 295. The entire group of religious, educational, charitable and ~xe,-~t other non-profit corporations are almost uniformly excluded from capital stock taxes. Banks, other financial institutions and utilities are frequently subject to special classification and subject to similar taxes. The basic principle of all capital stock and share taxes is the assessment at full, fair, or actual value of that portion of the capital stock or shares as the state may lawfully reach, or such portion thereof as it has made provision for taxing. Bssls-~plt,| The capital stock is the property of the corporation and tax- Sto~k and able to it, whereas the shares represent the property interests Share ~axes of the shareholders in the corporation and are taxable to them, Dlatlngul~hed irrespective of what arrangement there may be making the corporation responsible for collection or payment of taxes on its shares. This distinction may be of the greatest importance, as in the case of securities protected by the federal Constitution from direct taxation to the corporate owners, but not subject to exclusion in valuing the interests of the shareholders. Van Allen v. The Assessors ('66), 3 Wall. (U. S.) 573. Correlator © 1980, Commerce Clearing HouR, Inc. TI19703842
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140 Another line of distinction, curing across the lines between capital stock and share taxes, is the distinction between taxes based upon corporate excess and those based upon substantially the entire capital stock value. In simplest outlines, the cor- D~tt~t porate excess tax is laid upon the amount, if any, by which the fair cash value of the whole capital stock exceeds the value of specific assets directIy taxed as real or personal property. The capital stock tax is based upon the "actual value of its whole capital stock of all kinds, including com- mon, special, and preferred," with certain exclusions bearing no direct rela- tionship to property subject to direct assessment. B,~i~-~or- Where the capital stock tax is confined to corporate excess, tlonmentBo- or in effect to a tax upon intangible values, the rules for twee~. States ~nd ~,etween~rtraag intangible personal property in general are applicable. A x~ta~t~ domestic corporation may be taxed upon its entire corporate excess, regardless of where the corporate .... property and business may be found. Cream of ICheat Co v Grand Forks County, N D ¢'20~ 253 U S 325 S. Ct. 558.; Newark F~re Insurance Co. v. State Board of Ta~ Appeals and the City of Newark ('39), 307 U. S. 313, 59 S. Ct. 918; but a foreign cor- poration is taxable upon only such proportion of its capital stock as is at- tributable to the state. Adams Express Co. v. Ohio State Auditor ('97), 166 U. S. 185, 17 S. Ct. 604. Fargo v. Hart ('IM), 193 U. S. 490, 24 S. Ct. 498. Where, however, the taxable capital stock includes real and tangible per- sonal property in its value, neither domestic nor foreign corporations are tax- able on an amount in excess of the proportion of their capital stock fairly attributable to the state, for the same reasons that they are not directly taxable upon their real and tangible personal property located in other states. Deloavare, Lackawanna &.Western R. Co. v. Pe~tnsylvania ('05), 198 U. S. 34t, 25 S. Ct. 669. In connection with share taxes, it has already been pointed out that all shares may be given a taxable situs at the corporate domicile or principal office of the issuing corporation. Corry v. 2~altimore ('05), 196 U. S. 466, 25 S. Ct. 297. ~tes The capital stock taxes imposed on corporate excess are typically imposed at the aggregate of all state, county, city and other local levies applicable to property situated in the taxing district in which the corporate excess is given a situs. Capital stock taxes are imposed at fixed rates rather than at the aggregate general property tax rate. ~e~tt~s Return procedure is substantially the same as for personal property taxes in general. In each case a return by the cor- poration to the assessing official is required. Com, cuono~ Where the tax is reserved to the state, collection is made by ~= the. state treasurer, tax commission or similar body. Where the tax is levied ~or all purposes, state and local, collection is usually made by local officials in the same manner as taxes upon property in general. [Chart o~ State ~ Port Law Requirements begins on page 2021.] State Tax Guide Correlator TI1970384.3
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of State =.Free Porf Law Requirements* | 20-100 State Must Must ~s C~nsi~nor Mm~ Must Must Goods Be SWmge =or Cons~ee Goods Be ~ Go~s S~pped Fac~ P~ted Des~ed D~- R~ in ~m B~ ~rom O~ng lot Out ~a~on Be O~ Out o~ Stat~ Public Storage A~ o~S~te SpeWed ~ack~ A]a.u ........ No No lqo Yes Yes * No Ariz .......... Yes iNo No Yes Yes • No Ark ......... No No No Yes No • No Callf ......... "Yes = No No Yes ~ No No Co)o? ........ No No No Yes No No Corm ......... No "Yes Yes No = No Yes D. C ......... No Yes No Yes No No Fin .......... Yes No No Yes No No G~" ......... Yes No No Yes No No ida ........... No ~' ~' No No Yes No • No • Ind .......... Yes Yes == Yes Yes == No ~ Yes Iowa ......... Yes No No Yes Yes ' No Kan .......... No No No Yes No' No ~ay: ' ......... No Yes Yes No * Yes Yes . Yes No No Yes Yes * No Me ........... No No No Yes Yea No Mass ......... Yes Yes Yes No No Yes Mich." ........ No Yes Yes Yes Yes No Miss .......... No No No Yes Yes * No h¢o. ......... Yes No No Yes N'o" No Mont. ....... Yes No No Yes No No Neb .......... No ~* Yes No Yes No No Nee .......... Yes No No Yes Yes" No N. J .......... No No No No No No N. M ......... Yes No No Yes Yes ' No N, C, ........ No ' Yes Yes No ' No Yes Ohio ......... Yes No No Yes No No Okla. ........ Yes No No Yes Yes ' No Ore .......... Yes No No Yes No ' No S. C .......... Yes No No No Yes" No S. D.~ ........ No No No Yes No ' No Term ......... Yes No No Yes Yes ' No Tex,= ......... Yes No No Yes No No Utah ........ No No No Yes No No Wash ........ Yes No No No No 19"o Wyo ......... No No Yes Yes No" No * Some states provide specific exemptions from personal property taxes which are exclusive the ~ree port exemption. No l~/'~onal proper~y" taxes are levied In Delaware, Hawaii, Illinois, New yor~, or PermsylvanJa. • 0nly the property o¢ resldents mtlst he tined for oat-of-~tate shipment. • Subject to a ~ of II/z¢ on each ~i00 of lalr cash vslue. In lieu of all other taxes. • Property not destined for out of state n~ust have be~n shipped in from outside the state. 4 :Property of a nonresident must be stored in the original package snd ]~e brought in from out of stut~, • Assessed at 5~'o of actual value. An Income tax credit Is allowed for taxes Imifi on free property. • Final destination must be specified by war~ house If known. ~ Final destination must be specified by ware- house, ~ If required to determine In-translt chfiracter. ~ The exemption Is granted property In ~rauo sit whether the final destinatlon was specified when transportation begins o~ a~terwards. State Ta~ Guide ~0 Georgia provisions apply to property ported Into the United States by waterborms commerce through any Georgia porl:. The visions do not apply except to situs for tax~ tlon by political subdivisions ot Georgia in which the Port of origInal entry IS located, ~' Vand for not over 36 months ~ollowlng con- signment or storage of the property. ~a Only personalty shipped Into California for transshipment outside the U. S. or shipped into California from outside the U. S. for transship- ment outside California ts exempt. == Alcoholic beverages excepted. -Warehouse must be Ucensed and regulated by the state, '~ Must he shipped to final destination within Z2 months ot assessment date. -May not be detained more than 175 days. =~ Froperty designated for reshipment out state need not he stored in the original package. -:Personal property exempt from tax under the 12. S. Commerce Clause must have a specifiV destination elthe¢ outside or within Indiana trot may be stored In a private warehouse. ~I 20-100 TI19703844
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Property Taxation of ,Business I:nventofies ~I 20-150 Assessed Assessed Assessed No T~: Rxem~t Assessed on as at on at Lower Ave .zasm • Other Higher P~sonal State Tax Pcrccntage VRIUe Property Percentage P~operty A1a. ......... X Alas ......... Ariz ......... X Ark .......... Calif ......... X X X~ Colo. ........ Corm ........ X ' Del .......... D,C ......... X Fla .......... X Xt X Hawaii ...... Ida ........ Ill .......... Ind .......... X X~ X X X Kan .......... X X X X Mass ......... X" Mich ......... X Minn ........ X Miss ......... X" X~ X~ Mont ........ X" Neb ........ X Nev ..........X" N.H ........ X N.J ......... X N. M ........X~* N.Y, ....... N.C ......... N.D ......... X X Ohio ........ Okla ......... Ore ......... X R.I .......... X X X~ S.C. ........ S.D .......... Term ........ X Tex ......... Utah ........ X X~ X X X~ Vt .......... Wash ........ Wyo ......... X X= X X Footnotes appear on following page. 20-1.50 © t98Z, Commerce Clearing House, Inc. TI 197O3845
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[The next page is 2041.] IAlaslm: Inventories in a foreign trade zone before being cleared by U. S. Customs Service and admitted Into domestic commerce are exempt. • Colorado: Assessed st 5% of value. 4Connectfcut: Manufscturers' Inventories are exempt. Monthly nverage Inventories of whole- s~lers and ret~le~ a~e exempt to the e~tent of 9/:12ths of their va~ue in 1979, 10/12ths ~n 1980, ll/:12ths In 19~, and 100% in 1982 and later. ~lndlann: lV/~nufacturers ma~v elect to have Inventory assessed on aversge a~uual venue. ~= Kansas: Vehicles In dealers' Inventories are exempt. ~ Maryl~n~l: An income t~x credit ~s allowed for personal taxes Paid. Al~o, coUnties o~Ud Bal- thnore City are authorized to reduce the per- centage of the total assessed value at which manufacturing" and eommercisl inventories taxed. • Massachusetts: Manufacturtng corporations are exempt from personal property tax, Busi- nesses operating a~ merchant= are exempt irom tax on most types o£ personalty except business ma~inery. • Mv.~,aehusetts: Individuals and partners o1~ erating as merchants or manufacture~ are able on tangthle personal property. ~Mlsslssippi: No tax applies to manufRc- turers' product~ in lVl~l~lpp! If they will be shipped or sold to other than the final consumer and not at ret~lL ~ Missouri: Specf~l tax lm~esed on merchants ~=Montan~: Vehicles In dealers' Inventories are exen~pt. Bttsinees lnventorie~ Rre taxed at State Tax C~de 4% o~ m~rke~; value. A corl~or~te income t~x credit is allowed for business inventory t~xe~ paid In ~ and 198~. Effe~!ve 3~u~ 1, ~, b~in~ ln~ntorl~ ~ ~pt. ~ N~ada: Me~' ~d manufa~u~ pe~on~ pro~y, ~w ma~i~s ~d ~mpon~ en~ held b~ a manufactur~ for m~uf~um Into produ~s ~d supplJ~ to be consumed ~e pro~s o~ m~uf~t~e, ~d liv~ held £or basin.s purpo~s ~ ~sess~ ~ follows: ~%; tn 1~. 14~; ~, 7%; ~d ~ ~er, ~(~e~ ~exlco: P~ held bF individuals ~ lnvento~ Is ex~pt wi~ exceptions. low~ f~ invento~ t~ ~d. ~r~n inv.- products) is ~ at a Iow~ ~te. son~ property is ~sed at ~% for ~, for ~, ~ for 1~ ~d ~% ~e~ft~. son~ pro~ held ~ a ~orelgn ~de zone ex~pL ~ ~u~ ~lina: ~v~tori~ oI busin~s ~bll~en~ are ~e~ at 6~ o£ ~lue. ventori~ o~ m~uIac~rers, u~s o~e~ ~or ~e at ret~L ~e exemp~ = Ve~ent: M~icip~tl~ may exempt ment l~tead. c~dlt is ~lo~ lor ~vento~ ~ ~d. ~ventorl~ ~ ex~pt beg]~ ~ ~ 20-150 TI19703846
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~. ~ 2041 STATE SUMMARIES 20-200 ALABAMA [~20-20I] Property T~eable.---All proper~y, real and personal, unless e~pressly exempt (See. 40-11-1). [~ 20-202] Exemptions.--The following property is exempt from taxation: (1) federal, state, county, and munlc~paI bonds ~nd property; (2) cemeteries; ~11 property used only for religious, school or charitable purposes; (3) mortgages, together with the notes, debts, and credits secured thereby on real and personal property in the state, which have been filed for record and a privilege tax paid thereon; all security agreements and security interests un- der the Uniform Commerdal Code to~ether with notes, debts and credits secured "thereby; (4) bank deposits ancI all other solvent credit.~; (5) school board warrantsI (5)' all property used only for hospital purposes, up to $7S,000, if the hospital does at least 15~ of its total treatment of patients as charitywork; (F) all property owned, used and occupied exc[uslvely by the American Legion or by Veterans of Foreign Wars; (8) property of literary and scien'tific'instltut|ons .and literary societies; (9) libraries of priests and ministers, and all libraries other than those d a pro- fessional character; (10) property qf deaf mutes an.d insane persons to the extent of $3,000; property of incompetent vetervns to the value of $3,000; property of blind persons to the' extent of $12,0001 (II) family portraits and certain items of personal property owned by individuals for personal use in the home; (12) all cotton, livestock or agricultural products raised or grown in Alabama which remain in the hands of the producer or his landlord, or in the hands of a co-operative association, are exempt for all time; those in the hands of a purchaser or the manufacturer arc exemp~ for ~ period of one year; (13) all cotton, wherever grown~ stored in Hcensed warehouses in A~abama for a pe~od not exceeding 12 months; • (14) provisions and supplies on hand for the current yea~" for ~the use of the family and the making of crops; all wearing apparel; ~armlng tools; mechanics' tools to the value o'i: $200; livestock and furniture; farm tractors and farming implements; (15) all material, including coke, to be compounded or further manufactured when stocked at any plant or furnace for manufacturing purposes in Alabama; (16) Alabama ~nanufactttred artlcles, including pig h'on, in the hands d the producer o~ manufacturer are e~cmpt for 12 months after production or manufactureI (17) property of the Alabama National Guard (See. 40-9-I); (18) public assis~tance paid to needy pe.rsons (See. 38-~8) ; (19) ten-year exemption from date of completinn, by authority of the Department of Revenue, for the. folio.wing industrles,.factodes or plants or extensions thereo~, or additions thereto: spinning, knitting and weaving of cloth and yarn~ pulp, pulp products, gold, graphite, ma.nganes¢~ salts sulphur and fin ndning, ship and airplane building,, glass, light wood or metal products, ceramics, enameling', silica processing, farm implemcnts~ nfilk products~ creameries, milk cooling stations, ~rade or cornmerciat ~rtl.cles, any other industry located within five miles of a rehabilitation colony, poultry hatcheries, the feeding or warehousing of feed for poultry" o÷ poultry products and preparing such food for market, milk food ip|ants or feed mills (Sees. 40-9-40, 40-9-43, 40-9-47); S~t= T~ G=ide Alabama ~/20-202 TI 19703847
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2(M2 (20) c~Id~m cyanaxnkle, ~d..mnln~zm o~. alm-~num product pt~, ior t~ y~ ~ b~in~ng of ~ns~cfion (Se~ 4~S); (21) ~i~ w~Is (Se~ 4~9-8); a~li~ s~te ~ not over t~ a~ (See. 9-~ ~0); (22) moneyed ~p[~l employ~ in busine~ sub~ect to privilege t~ and shar~ financial i~stitu~ons; securi~es listed ~th Depar~ent of R~enue; bonds ~ssued by public nonprofit electric power ~s~bufing ~tlons (Se~. 11-5~531, 40-16-g, 40-2~8); (23) homesteads of residents not over 65 are ex~pt fro~ ad ~lerem t~es, er- upt sch~l taxes, =p to $2,~ assessed value; hom~teads ot residents ov~ 65 whose annual adjuste& ~oss incomes are less tha~ $12,~9, or wh~ am retired due to total and pe~anent disability or who are blind re~rdless of age, are exempt up to $5,~ ~essed ~lue (Act 579, ~ws 1981; Sac. ~-9-19); sidle-family princi~l resid~c~ owned and occupied by a person who is totally disabled or who is 65 or over and who has a net a~ual t~abl= income of $7,500 or l~s is exempt (See. 40-9-21). (~) oil or gas produced or under ground on producing pr~erfies includiug leases in production and mineral rights in producing prope~ies including an oil or gas drillinff unit es~blished by the State O[1 and Gas Board (Sac. 4~20-12) ; (25) all property owned, used and occupied exclusively by the Benevolent and Pr~ tective Order of Elks, Fraternal Order o[ Police, Fraternal Order of Eagles. Loyal Order o[ Moose, or lodge thereof (~c. 4~9-I); {2d) homes of veterans ~cquired through the assistance of the federal government, while owned and occupied as a home by such veter~ or his unruffled widow (See. ~9-20) ; (~) property o[ any non-profit membership co~oration which is organized as benevolent society ~or the purpose of aiding and benefiting retired teachers and supe~isory staff of any public sch~l in Alab~a (See. 40-9-18); (~) real and personal prope~y M (a) the state, counties and municipalities, and (b) devoted to reli~ous, educational or c~ritable pu~oses, and property of Masonic Lodges, Knights of Columbus Homes ~d Union Halls (Sac. 40-~); (29) peanuts ~d pecans stored in licensed warehouses in the state for not more than one year (See. 40-9-3) ; (30) ~r or water pollufi~ c~trol dedces, [acili~es or s~c~es and MI identi- fiable c~ponents thereof or matedals for use therein (See. ~-~I) ; {31) r~l and personal prope~y of the YMCA, YWCA, Boy ~outs of ~rl Scouts of ~erica, Sal~tion Army, Inc., c~munity ches~, united ~ppeal ~unds ~d similar nonprofit ~s~iations; real and personal property of volunteer ~re -depa~ments, the Alab~a Society o[ the D.. A. R., the nual Sh~ne Circus, the Episcopal Fo~dation of Jefferson County, the Alab~a Hear~ Association and the Presbyteri~ ApPend, Inc. (Sacs. 40-~9-13) ; motor vehicles owned by volunteer rescue squads (See. 32-11-2) ; co-operatives operating waterworks for unincorporated municipalities (See. 1~4-~93); growing cr~s, st~din~ timh~ and ~y other gro~n~ theft from which a crop is h~ested (See. 40-11-1); products or m~teHals stored by • t~tile m~ufacturer or processor ~t or near the menu[acting or pr~essing pl~t to be used so as to become a part of ~e finished product of ~e plant (See. ~-9~); nuclear fuel assemblies, ~nclu~ng nuclear m~tedals therdn, and all repr~ cessed, recycled or r~idual nuclear fuel by-producfs," ased or useful produci~ electricity (Sec. 40-9-22) ; " {obacco le~ stored in hpgsheads (Se~ 4~9-1); personal~ manufactured, compo~ded or processed by a ~acturer, com- pounder or processor ~d held for him by a public warehousem~ for distribution (Se~ 4~9-7); (3Z) (33) (34) (36) (3?) ~I 20-202 AI .=~:~ma © l~)S2, Commerce Clear~ House, Inc. TI19703848
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(39) per~owai proper~y co~e~ ~0 or ~a~ ~g s~), w~ fi~ d~fi~ ~ spe~ed when ~rtati~ be~s ~ ~te~s (Sec. A ~d~t is ~lowed £or addi~onal ~es paid as ~e result of a ~un~- ~de prop~ ~apprais~ be~een--October 1, 1~5 ~nd Octob~ 1, 1~8 [~20-203] ~asis~With respect to state ad vaIorem t~es and, unless otherwise provided, local ad valorem t~es, aI~ ~xable property is divided into ~e following ~asses ~d assessed at the following ratios of assessed value to £air and reasonable market value. Up~ request of the owner, Clsss III prop~ty wi[[ be apprised on c~ent use vatue (Sec. ~I) : ~ass I: All.prope~y o[ uti~t[~, used in the ufili~ business * ...... 30% CIass I[: All property not othe~ise cl~sified .................... 20% Class ~IZ: ~1 a~cultu~l, forest and slnffIe-[~ily, o~er-occupi~ r=id~Eal pro~, ~d his~ric b~Id~gs ~d sites .............. 10~ Class IV: prince passenger autos an~ pickup t~cks o£ 8,~ pounds or l~s not ope~t~ [or hit% [~20-20#] Rates~The [~te of taxation for state pu~oses is sixty-five one-hundredths of one per cent annually on the assessed value b[ the t~able p~ope~y in ~e state (Sec. ~-8-2). All prope~y is t~ed ~t a rate equal to the dg~e~te of ~11 lawful levies. [~ 20-205] Period Cove~ed~Accm~.~Taxes ~ayabIe on October I or any year are b~sed on the ~sessment made as o~ October ~ the preced~n~ year, [~0-Z05] Assessment ~ate~rope~y is ~sessed as o[ October 1, annually "(Sec. 4~7~). ~rope~ brought into the state ~ter October 'i and be(ore t~e assessor has completed his assessment ~s assessed as o( OctoSer 1, and goods, wares and merchandise o~ persons .be~nning business on or a[tet October I are subject to taxation accordin~ to the time o~ beginning busJne~ [~ 20-Z07] SJms.~The usual ~les of situs apply; real and fan,hie pet- son~l property are a~essed where lo~ted, and Jntan~bles ~e assessed at.the residence o~ ~e owner (Sec. ~7~13). . [~ ~0-208] Assed~nE O~cial~Th~ county t~ assessor assesses real and ~er~nal pro~e~ (Sec. 40-7-3). In cities ha~Jn~ independent taxi~ systems, assessment is made by dry assessors (Sec. [~20-20g] ~etums.~All t~payers are ~equ~red to.file returns o( t~abl¢ prope~y with the .coun~ assessor within 30 days a~ter dem~d or notice (See. ~7~). [~.20-210] Assessment, Re~sJon ~d Appe~Assessments are made the cowry assessor between October I ~n~ the third Monday Jn ~anuary, annually (Sec. 4~7-2). In certain c~tJes, .t~es. are assessed by city tax as- sessors (~ec. 11-51-l). The count~ boards d equalization revJew, revise an~ equalize assessments (Sec. ~-3-17) and appeals from ~e decisions of the TI19703849
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county boards of equalization may be taken to the c~cuit court o~ L~e county in which the taxpayer's property is located (See. [~[ 20-211] Collection.--Taxes become a lien on October 1, annually on all property owned by any taxpayer for the payment of all taxes assessed against him (See. 40-1-3). Taxes are due and payable to the county tax col- lector on October 1, annuaIIy and delinquent on January 1, foIlowing (See. 40-11-4). In cities which collect city property taxes independently, taxes are due December i and delinquent January 1, except that if assessment was made during the month of May, the taxes are due October 1, and delinquent Janu- ary 1, following (See.. 11-51-2). ~ource.--References a~e to Alabama Code of 1975, as amended to date. Details are reported in CCH A~aM^ Tax REmOTeR at [ 20-000. 11 20-212 Shares of Domestic Corporations Special Provisions.--Shares of stock of domestic corporations, except financial institutions paying an excise tax and insurance companies subject to Alabama premiums taxes, are assessed by the Department of Revenue at 20% of their value to the person in whose name the shares stand on the books of the corporation. The corporations must file a return with the tax assessor in the county wherein it has its home or chief office in the state and with the Department of Revenue on or before the third Monday in January of the year for which the tax is to be assessed (Sees. 40-14-70, 40-14-72). Such corpora- tibns are also required to attach to the return made to the Department of Reve- nue a balance sheet showing the condition of such corporation at the close of its fiscal period next preceding October 1 of the year for which the assessment is to be made. In addition, such corporation must at the same time make a return to the Department of Revenue and to the county tax assessor of all taxable real and personal property situated in the state and owned by such corporation. The Department of Revenue deducts from the value of the shares the book value of real and tangible personal property owned in other states and the book value of air or water pollution control devices, facilities or struc- tures. The Department will also deduct from the assessed value of the shares the asses.sed value of the taxable real and tangible personal property located in the state. The taxes are collected in the same manner as other taxes assessed against an individual (Act 975, Laws 1981, 1st Sp. Sess.; Sec. 40-14-70). Such corporations may agree to pay the taxes, if any, assessed on the shares for the shareholders (See. 40-14-73). Source.~Re~creaces axe to Alabama Code o~ 1975, as amended to date. Details are reported in CCH ALAVA~X TAX R~PORTER at ~120-000. 11 20-213 Public Utilities Special l~rovi~ions.---All property of public utilities is assessed by the department of revenud except sleeping car companies which pay the license or privilege tax provided for in Title 51, Section 186 of the Alabama Code of 1940 (See. 40-21-1). PuNic utilities are required to file reports with the de- partment of revenue on or before March 1, annually (Sees. 40-21-2, 40-21-7, 40-21-8, 40-21-52). The department determines the value of such property and assesses such property for taxation at 30% of its reasonable value. The as- sessments are then certified to the tax assessors of every county in which any part of said tangible personal property is taxable. The certification to the county apportions the assessment to each taxing district in the county (Sees. 40-21-17, 40-21-52). PuNic utilitles are taxed at the same fates and such Alabama ~I 20-211 © 1982, Commerce Clearing House, Ind~ TI19703850
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.taxes are eoBe~-ed i~n the same mam~er as ~ t~e case 0~ ~ ~ (~ ~21-~. F~t l{ae ~m~a~es ~e subj~t ~ a l~se tax ~ 3~ of ~e 30~ ~lae ~ the avem~ n~b~ ~ ca~ ~ ~e s~te f~ ~e p~ o~ 12 m~s p~c~iag October fir~ ~f ~ year. This t~ ~ ~ and ~Hected by the repaint of revenuet(Sec. ~21-52). In add~6on to ad ~m t~ on tunable p~e~, pubic ut~I~6es and dommon ~ers ~ subject ~ s t~ on ~dr ~ra~c~ses and. ~n~a~bI~ which are assessed ~ ~e dep~ment of rev~ue and the value ~ereo~ appo~ioned among thd vat,us t~n~ d~stHcts (Sec. ~21-~6). So~Re[erences ~e to AIabam~ Code o~ 197S, ~ ~ended to date. De~Is ~ ~ported in CCH A~ TAX ~R at ~ 20-000, [][20-~16] Property Taxable.--Home .rule and first class cities in and outside boroughs may assess, levy and collect a general property tax (Sees. 29.43.020, 29.53.400). A second class city may, by referendum, levy real and personal property taxes as provided for first class cities (See. 29.53.410). Boroughs shall assess and collect prope.rty taxes levied within their boundaries (Se& 29.33.030). Home rule and general.law boroughs may I.evy (i) an area- wide property tax for areawide functions, and (2) a property tax limited to the area outside cities £or functions limited to the ~rea outside titles. If levied the tax must be assessed, levied and collected on real and personal property (See. 29,53.010). "Real property" means land and improvements and all possessory rights and privileges appurtenant to the property, and includes personal property aJ~xed t.o the. land or improvements. "Personal property" means tangible property other than real property, such as merchandise and stock in trade, machinery and equipment, furniture and fixtures, motor vehicles and vehicles, boats and vessels and aircraft (Sec. 29.78.010). [~90-217] Exempfions.--Real and personal property of 'Alaska or its political subdivisions is exempt, under conditions provided b'y l~,w,.,. All, or any portion, of, property used exclusively for nonprofit religious,, charitable, cemetery or educational purposes~ as defined by. law, is exeml~c (Sec. 4, Ar~. IX, Alas. Contr.). The 'following property is exempt from ~e~eral taxation (Sec. 29.53.020) : L Municipal, state or federally-owned property (private leaseholds, contracts or other interests in such property are taxable to the extent of those • interests). 2. Household furniture of the head of a family not exceeding $500 in value. 3. Property used only for nonprofit religious, charitable, cemetery, hospital or educational purposes. 4. Property of a nonbusiness organization composed entirely" of persons with 90 ov more days of active service in the armed forces or property of the organization's auxiliary'. 5. Money on deposit. 6. Realty owned and occupied as a home by .a resident aged 65 or older. 7. 2% of the assessed value of a structure containin~r an approved fire protection system, in operating condition, incorporated as a fixture or part of the structure (Ch. 45, Laws 1980). 8. Inventories located within a foreign ~rade zone (Ch. 95, Laws 1980). Residents 65 or older who rent their homes are eli~ible f6r.tax equival~nt payments calculated by applying a property tax equivalent per¢entage for each home rule or general law munic;.pality levying a general property tax at the StateT.axGu~de Alaska ~ 20-217 TI 19703851
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2046 rate o~ l~b per m~. TMs percen~.ta~, applied ¢o the annual rent charged, is the tax equivalent payment (Ch. 12¢, Laws 1980'; See. 29.73.060). Municipalities may exempt, or partially exempt, from t~xatio~ (1) resi- dential p~perty s~b~ect to voter approval, but an exemption may ~ot .exceed $10,000 for any one residence, and (2) privately owned land, wet land and water areas for which a scenic, conservation or public recreation use easement is granted to a governmental body. Municipalities may also (1) classify boats and vessels for taxation and base the assessed value on registered or certified net to .rmage, and (2) classify and exempt the following from taxation (See. 29.53.025) : 1. Household furniture over $50~ in value and the effects of a head of a household. 2. Property of nonprofit organizations used only for community purposes iX the rental income o5 the property does not exceed the cost to the owner of the use by the renter. 3. Historic sites, buildings and monuments. 4. Land of nonprofit organizations used for agricultural purposes if rights to subdivide the land are conveyed to the state under a restricted covenant. [~ 20-218] Basis.--Property is assessed at its full and true value. Assess- ment of business inventories may be on the average monthly method rather than the January 1 value (See. 29.53.060). Nonprodueing mining claims are assessed at $200 per 20 acres or fraction. If the gurface ground has a separate value for nonmining purposes, it is assessed at full and true value (See. 29.53.030). Farm land is assessed on the basis of full and true value for farm use (See. 29.$3.035). [[ 20-219] Rates.--No state tax is imposed. The tax rate is the aggre- gate of all city and other local taxes lawfully imposed. The maximum rate for municipalities is 3%, except for taxes levied for the payment of principal and interest on bonds of such municipalities, on which there is no limit (Sees. 29.53.0S0, 29.53.055). [~ 20-220] Period Covered--AccruaL--The rate of levy must be deter- mined before June 15. By July 1 the tax collector must mail ~ax statements setting out the levy and tax payment and delinquency dates (See. 29.53~170). The assessor must certify the final assessment roll by ~[une 1 (See. 29.55.I40). [~20o221] Assessment Date.--Property is assessed annually according to its value on January 1 of the assessment year (See. 29.53.060). [¶ 20-222] $itus.~Generally, personal property is taxable in the taxing jurisdiction where it is located on January 1 without regard to the domicile or residence of the owner• The law does not provide for the taxation of per- sonal property brought into the taxing jurisdiction after January 1 of the tax year. [~120-223] Assessing Official.---Property is originally assessed by the municipal assessor (Sees. 29.53.060, 29.53.100). • [~ 20-224] Returns.~Every person may be required to submit to the assessor a return of any property owned by him, or in which he has an interest, and of the property controlled by him (See. 29.53.070). Presumably, local governments determine when such returns are due. Alaska ~I 20-218 © Ig82, Commerce Clearing House, Inc. TI19703852
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[~ 20-235] Assessment, Rev~ion and Appe~l.--Taxpayers and cities may file a notice of appeal with the Board of Equalization within 30 days after mailing of notice of assessment. (See. 29.53.130). Appea] ~om the. B,.oard's decision may be mRde to the superior court (Sec. 29.$3.140). [~[20-226] CoHection.--Real property-taxes levied are a lien upon the property assessed', and such lien is prior and paramount to all other liens or encumbrances (See. 29.53.210). The date when taxes become delinquent is set by ,the city council (See. 29,53,170)., " Source~--References are to the Alaska Statutes, as amended to date. Details axe reported in CCH At~sz, A Tax Rz~0~rrm at ~ 20-000. ~I 20~22-/ .Oil and Gas Properties. Exploration, Production and Pipeline Transportation Tax~--~Real and tangi- ble personal property used or committed for use in Alask~t in unrefined oil or gas exploration, production or pipeline transportation is subject to an annual statewide tax of 20 mills on its full and true value. Municipalities may levy a tax on the full and, true value of such property at a rate no higher than that applicable to other taxable property in the city (See. 43 56 010) Municipal taxes must be t~~ied on either {1) taxable property as valued by the Depart- ment of Revent{e at a'rate not to e~ceed that which p~odu~es an amount of reve.nue from the total rnun.i~ipal property tax equ.al .to $1~500 ~ year for each person residing within its bo.undaries~ or (2) that portion .of taxable property as assessed. by, the Department which, when combined..with the value of property otherwise taxable-by the municipality, does not exceed the product o~ 2257h.of the average per capita, assessed full and true value o~ property in Alaska multiplied by the number .of residents of the taxing municipality (See. 29.53.045). • - "Taxabl~ pkop~rty" does not include ~ermanen~ residences, office buildings, gas pipeline systems operated and regulated as utilities, aircraft mad morea" vehicles (unless owned by a person whose principal business in the state is the exploration for, production of, or pipeline transportation o~ gas or unre- fined oil and whose operation of the aircraft or motor vehicle directly relates to £he conduct o~ that "bus~ness), or eommu.nications facilities (other than those owned by a person whose prin.cipal business in the statd is the explora- tion [or, production eft, or pipeline transpdftation of, .gas' or unrefined oil and whose operation of the commun'icatlons facilities directly relate to the conduct of that business) (Gla~ 117, Laws 1981; Ch. 113, Laws 1980; See. 43.56.210). Local taxes 'may not be imposed on (1) property rights attached to or inherent in the right to explore for or produce oil or gas, (2) oil or gas leases or prop- ertles, (3) oil or gas in place, (4) oil or gas produced or extracted, (5) the value o~ intangible drilling and exploration expenses and (6) .an interest in property on which payment of the oil and gas properties production tax is in lieu of other ad valorem taxes (Sec. 43.fi6.020). The local tax does not apply, before the construction commencement date, to property subject to the statewide tax which is committed for use in Alaska primarily for pipeline transportation, or in the operation or maintenance of facilities for pipeline transportation, of gas or unrefined oil or for the produc- tion, or facilities for the production, of gas or unrefined oil to be transported by that pipeline (See. 43.56.020). The assessment date for the statewide tax and the municipal tax is January 1 (See. 43.56.060). Tax returns may be required by the Department'based on property values existingon January 1 (See. 43.56.070). A statement of the tax due is mailed by the Department to State T'~ Guide Alaska ~I 20-227 TI 19703853
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2048 l~twcr~ tax, =s--~a~a m ~ the taxpayer by June 1 (See.. 43S6.135~). The s~e ~ is due to the DesCent on or before June 30 ~nu~ly (See. ~.56.150). fi~Re~e~nces a~ ~ ~e ~a Sm~t~, as ~end~ to ~t~ DemRs ~e ~or~ ~ C~ ~& T~ ~o~ ~t ~ ~ ~ 20-2~ Public Utilities Speci~ ~tovisions~ublic utilities operating in Alaska are subject to the [e~e~a[ p~operty ta~s in ~e s~e manne~ ~ other corporations. I 20-230 ARIZONA [7 20-231] Property Taxable.--All property, real and personal, is subject to taxation unless expressly exempt (Sees. 42-202, 42-271). [7 20-232] Exemptions..--The following property is exempt from taxation: (I) federal, state, county and municipal property; public debts evidenced by bonds of Arizona and its political subdivisions; all household goods owned by the user and used solely for noncommercial purposes (S. C. R. I001, Ch. 8, Laws 1980, 2nd Sp. Sess.; Art. 9, Sec. 2, Ariz. ConsL; Sec. 42-271) ; (2) nonprofit property of public libraries, educational instltutions, religious insfi- tutlons, hospitals and other charitable institutions, agricultural socletie~, cemeteries, and astronomical observatories; property used to operate nonprofit residential housing for handicappcd persons or persons 62 or older; nonprofit health care institutions providing services to the handio capped or persons 62 or older; nonprofit residential apartment housing fa- cilities structured for handicapped persons or senior citizens located a~acent to an exempt nonprofit health care institution providing services to the handicapped or senior citizens, which is owned and operated by the same persons or association; nonprofit residential apartment housing facilities for the handicapped or persons 62 or older for which a government or nouprofit organization subsidy is given; property of other charitable institutions for relief of the indigent or afflicted; grounds and buildings of nonprofit societies for the prevention of cruelty to animals; property and buildings used for educatio~ by a school district or community college district under a l~ase or lease-purchase agreement (Ch. 1, L~ws 1981; Ch. 143, Laws 1980; Sec. 42-271); (3) exemptions are allowed for the property of honorably discharged veterans, disabled persons, widows, and widowers in the amount of $1,500 if the total assessment of the person does not exceed $3,500; $1,000 if total assess- ment does not exceed $4,000; $500 if total assessment does not exceed $4,500; and $250 if total assessment does not exceed $5,000. Veterans with a service-connected disability of more than 60% and veterans wire a non-servic6 connected disability that is tote! and permanent are entitled to a double exemption. Veterans with a se~ice-connected disability of 60% or less are entitled to the full exemption plus a percentage of a second exemption equal to the percentage of disability. For a widow, widower or disabled person to qualify, the total income of "the widow, widower or disabled person and all childrer~ residing in the residence may not exceed $7,000 if no children under age 18 reside in the residence or $10,000 if children under age 18 or totally and permanently disabled reside iv_ the residence (Ch. 1, Laws 1981; Art. 9, Sees. 2, 2.1, 2.2, Ariz. ConsL, Sees. 42-271, 42-278) ; (4) inventories of a retailer or wholesaler in Arizona consisting of stocks of raw or finished materials, unassembled parts, work in process or finished prod- ucts, if he is principally engaged in the resale of such materials, whether or not for resale to the ultimate consumer, and inve~ories of manufac- turers.engaged in the fabrication, production and manufacture of products, wares and artlcles for use, while such inventories are not consigned or billed ~o any other party (Art. 9, Sees. 2, 13, Ariz. Coast.); Alaska ~i 20-229 © 1982, Commerce Clearing House, Inc. T! 19703854
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20~9 (5) p~operty o~ express companies subject W (6) p~ and bo~s of ~~1 ~p~ent ~c~ (S~ ~); (7) ~r~ o~ p~te c~ ~m~ subject (S~ ~-7~); (8) p~so~l p~pe~ mo~ though A~onz or ~dzona from ~ ~nt outside for. storage or ~s~bly in t~it to a ~nal d~tinafion ou~ide ~z~a (Sec (9) prope~ o~ the Arizona Inters~te Stre~ Com~ssi~ and the A~o~ Power Autho~ (Sec 45-2513). [~[ 20-233] Basi~--All property is required by statute to be valued at its market value (Sec. 42-227). ]VIarket value is synonymous with full cash value (See. 42-~01). For purposes of property taxation, and aS a basis for determin- ing assessed value for the different classes of property,.the foliowlng classes of property a~d percentages apply (Secs. 42-135, 42-227) : Class One--flight property; producing mines and mining claims, personal prop~ er.ty used thereon, improvements thereto and the mills and smelters operated in. conjunction therewith; and standing timber---assessed at 52% of full cash value for tax years 1980--1982, 44% of full cash value for 1983--1985, .36% 6f full cash value for 1986---1988, 28% of full value for 1989---1991, and 25~ of full cash value for 1992 and thereafter (Ch. 8, Laws I980, 2nd Sp. Sess.). Class Two--all real and personal property used in the operation of telep.b.one and. telegraph companies; and all property of gas, water and electric utilities and pipeline companies--assessed at 44% of full cash value for tax years 1980-- 1982, 38% of full cash value for 1983--1985, 32% of full cash value for 1986-- 1988, 26% of full cash value for 1989--1991, and 25% of full cash value for 1~92 and thereafter (Ch. 8, Laws 1980, 2nd Sp. Sess.). Class Three--all real and personal property devoted to comme_reial 9.r. in~dust.ria.l use, other than property included in classes one, two, four, ~ve, (o), 1we six, or s~ven--assessed at 25% of.full cash value (C,h. 8, Laws 1980, 2nd Sp. Sess.). Class Four--all real prc~perty and improvements, if any, and ~II personal proper~. used for agricultural purposes and all other realty and improvements and personal property-not included in class one, two, three, five or six--assessed at 16% of full cash value (Ch. 8, Laws 1980, 2nd Sp. Sess.). Class Five--,(a) all real property, and improvements, and personal, property used for residential purposes I and not otherwise included in classes one, two, three, four, six or eight; (b) all. real property and improvements and per- sonal property used to operate nonprofit residential housing facilities for the care of handicapped persons or persons 62 or older; (c) all real property and improvements thereto and personal property used to operate licensed resi- dential care or nursing care institutions which provide medical, nursing or health related services and which are structured for the care of-haudicapped persons or senior citlzens--assessed at 10% of full cash value (Ch. 8, Laws 1980, 2nd Sp. Sess.). Class Six--all real and personal property and improvdmer~ts not included in classes one, two, three, four or five devoted to use as leased or rented residential property---assesSed at 18%.of ful.l cash value (Ch. 8, Laws 1980, 2nd Sp. Sess.). Class Seven--real and personal property used in the conti~uous operation of a railroad; real and personal property used in the operation of private ear com- panies--assessed at.34% of full cash value and limited property value for 1980; thereafter the Depo,'tment will annually determine percentages equal, to the ratios which (a) the total assessed value for secondary tax purposes of property in classes one, two and three bears to the total full cash value of such. property and such ratio will be used for secondary tax purposes as required by federal law, and (2) the total assessed value o~ all property ~or primary tax proposes in classes on,', two and thr~e bears to the total limited valuation used • Cla~s five property is subject to a further tax reduction ~or tax year 19~0 equal to 5% of the primary property tax rate (See. 9~ CIL 8~ Laws 1980, 2rid Sp. Seas.). St~teTax Guide Arizona ~I 20-233 TI19703855
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2050 Pmper~ T-~--Arh~ ~ ~ fur ~ tax purposes o~ such property and such ratio will be used for mary tax purposes a.~ required by federal law (Ch. 8, Laws 1980, 2rid Sp. Sess.). Class ~ght--historic property--assessed at 8% o[ £ull cash value. Resi~tential property used solely as the prindpal phtcc of residence of the owner must be assessed in accordance with its value as a residence. Agrl- cultural land, pasture land, timber land, residential and commercial land, excluding structures, used primarily as such, must be valued upon the basis of its productivity or use (S. J. R. 1, Laws 1980; Art. XV'I, Sec. 15, Ariz. Const.). The valuation determined for producing oil, gas and geothermal resource interests is the assessed valuation for such property (Ch. 317, Laws. 1981 ; Sec. 42-227). Mobile homes are subject ±o ad valorem property taxes, to be assessed and coltectod in the same manner as other personal property, as provided for. Class Three, Four, Five or Six property abo~re (See. 42-642), except that multiple section mobile homes that are permanently affixed to realty arc taxed as real property (See. 42-640). Personal property that is periodically leased or rented from the inventory of retallers or wholesalers is subject to tax as Class Three property but the tax is prorated according to the number of days the property is rented or leased. The tax on unsecured property that enters the tax rolls for the first t~me is also prorated (Sees. 42-601.01, 42-601.02). In tax years 1980, 1981 and 1982, the value of any parcel of, and improve- ments to, property for purposes of assessing primary property taxes may be increased in value to. reflect its actual full cash value, 'up to a level of 10% more than the limited property value of the property in the prior tax year. (The limited property value for 1979 is the actual full cash value.) For 1983 and thereafter, the limited property value of property for primary property tax purposes is the limited property value of the property in the prior tax year plus the greater .of 10% or 25,% of the difference between the full cash value of the parcel in the current tax year and the limited value of the parcel in the prior tax year (Ch. 8, Laws 1980, 2nd Sp. Sess.; Sec. 42-201.02). For tax year 1980, full cash value will be used as.the basis for the purpose of assessing, fixing, determining, and levying secondary property taxes. Limited property value ~vill be usc.d as the basis in the calculation on levy limitations for the counties, cities, towns, and community college districts and as the basis for assessing, fixing, determining, and levying primary prop- erty taxes (See. 1, Ch. 221, Laws 1980). For the tax year 1980, the limited propert7 value of any parcel of, and improvements to, property of ra~road companies and private car companies may be increased ifi v/~lue t~) reflect its actual full cash value, up to a level of 10% more than the actual full cash value of the property in 1979. The full cash value of personal property, other than mobile homes; will be used in lieu of limited property value for all purposes. Full cash value of property classed as flight property, mines, standing timber, telephone and telegraph companies, and utility companies will be used in lieu of limited property value for all purposes (See. 2, Ch. 221, Laws 1980). [~[ 20-234] Rates.--All property is taxed at a rate equal to the aggregate of all lawful levies. In addition to other property tax levies, a state tax is imposed on all classes of property for educational purposes at $1.25 per $100 of assessed valuation (Ch. 8, Laws 1980,. 2nd Sp. Sess. ;Sec. 42-208). The state rate of taxation for educational purposes for ~he tax year 1981 shall not exceed 95¢ per $100 of assessed valuation (See. 4, Ch. 291, Laws 1981). Ar|zorlc~ ~ 20-234 © 1982, Commerce Clearing House, Inc. T!19703856
Page 26: TI19703857
2051 The state tax ra~es fixed by fl~e joint legislative tax committee on aIl dlasses of property cannot in the aggregate exceed $1.60 per ~100 of assessed value (Se~ 41-1322). The state rate of taxation for general purposes for the tax year 1981 shall be zero (See. 5, Ch. 291, Laws 1981). The maximum amount of property taxes that may be collected from residential property in any tax year may not exceed 1~ of the property's full cash value (S. C. R. 1001, Ch. 8, Laws 1980, 2nd Sp. Sess.; Art. 9, See. 18; Ariz. Const., Sec. 42-201.01). The maximum amount of property taxes levied by any county, city, town, or community college district may not exceed an amount 2% greater than the amount levied in the preceding year (S. C. R. 1001, Laws 1980, 2rid Sp. Sess. ; Art. 9, Sec. 9, Ariz. Const., Sec. 42~01). For tax year 1980, the Department of Revenue wilt levy a tax against the full cash value of flight property of airline companies at a rate that will equal the sum of the average .rates for primary and secondary taxes in the taxing districts of the state for the current year. The Department will tax the full cash value of private car companies at a rate equal to the sum of the average rate for primary and secondary propgrty tax purposes.ir~ the taxing districts of the state for the current year, The tax will be in lieu of,all the taxes upon the property and business of private car companies except the annual license tax and registration fee (Secs. S, 6, Ch. 221, Laws 1980). For. tax year 1980, the primary property tax to be collected on each parcel of residential housing property will be reduced by an amount equal to 5~ of the computed primary property tax (See. 10, Ch. 221, Laws 1980). [~'20-235] Period Covered~Accrual,--Property tax .a~sessments are established as of January. 1 each year for owners of record on the .prior November 1. The revenue collected is used to satisfy a budget based on a fiscal year of July 1 to June 30 (Letter, Division of Property and Special Taxes, A~izona Department of Revenue, October 1, 1979). • [~[ 20-236] Assessment Date.mAll property is v.alued annually" on No- vember 30. " The value is determined.as of January 1 of fhe next year (Sea 42-221). [~ 20-237] Situs.--Rea| and personal property is~valued in the county" where located (Sec. 42-221). [~[20-238] Assessing Official.~The county a~sessor, with supervision from the Department of Revenue, values all taxable property in his "county (Sec. 42-221). [~ 20-239] Returns.~Returns are required to be filed with the county assessor within 45 days. of service of bla~k forms (Sec. 42-223), • ,[~ 20-240] Assessment, Revision ~nd Appeal.---Equalization of the assess- ments made by the county assessor is effected by the county board of super- visors sitting as a board of equalization (Sec. 42-241). Appeal therefrom Iies to the superior court of the county or to the state board of tax appeals (See.. 42-245). Taxpayers dissatisfied with the valuation .or classification of their property as reviewed by the state board of tax appeals may appeal to the superior court of the county (Sec. 42-146). However, valuation or classifi- cation determinations by the county assessor may be appealed directly to the superior court of the county where the property is located (See. 42-246). State T~ Guide Arizona ~l 20-240 TI19703857
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2052 P~ T=es--Ad=~ [~20-g41] Coll~ction.--All taxes ~n~e a llen ~ ~ed as of t~e first day of Janu~ ~nually. Pe~nal pmp~ is liable ~ levieg on ~d pr~e~ and ~d p~e~ is liable p~ p~pe~, ~cept that h~t~ are liable only for ~es due ~ su~ hom.es~d (Sec. 42-312). T~es are ~ble in ~o ins~lm~ ~urer ~ follows: on~hMf on October 1 wh[~h b~ ddinqu~ ~ovem~r 1, aad the remdning onmhaif on March 1 n~ which ~c~ delinquent on May 1 (Sec~ 42-341, 42-342). T~ on umec~ed pers~al pr~e~y are due and ~yable ~ the county treasur~ on ~e sec~d Money of the month next ~ollo~ng ms~sment, a~ are delinqu~t 30 d~ys th~ aft~ (~c. 42~).. S~ce~Ref~c~ ~e to A~ Revis~ S~mt~, 19~, ~ ~d~ to date. De~ ~e re~ed in CCH ~zo~x T~ ~ at ~ ~-~. ~ 20-2~2 ~nes Speci~ Prodsions.--On or before the first Monday in June ~e Depa~- ment of ~evenue is required to assess all patented and unpatented produdng mines within the s~te. At ~he same time the Depa~ment ~1[ dete~ine the valuation ot all patented and unpatented mines that were producing mines on the first Monday in January of any o~ the three preceding t~ years but which are no longer p~oducing mines. The Depa~ment ~11 value such non-producing mines for a period of three t~ years subsequent to the year in which production terminated. The ~sessed valuations as dete~ined by the Depa~ment are then transmitted to the several county boards of supervisors (Ch. 8, Laws 1980, 2nd Sp. Sess.; See. ~1-1~). The t~es are then levied and collected in the same manner and for the ~me purposes the property of individuals. So~ce.--Rei~enc~ are to Arlzom Revis~ S~mt~, 1956, ~ ~md~ to ~te. De~ls are report~ in CCH ~tzo~ T~ ~m at ? 20-~0. ~ 20-243 Public Utilities Special Provisions.--Private car companies file annual repots between June 30 and September 15 with the Depa~ment o~ Revenue (Sec. 4~7~). ~e Depa~ment of Revenue ~sesses the prope~ of such c~panies at full c~h ~lue and levies a tax equaling the average ~te d levy ~ dl pur~es in the several taxing districts of ~e state for the cu~ent year*. Su~ tax is payable to the Department of Revenue by December 15 and is delinquent not paid by January 15 ~ollowing (Sec. 42-7~). Railroads,tele~ph and tele- phone compames file annual reports on or bdore April t with the Depa~ment o~ ~evenue (Se~. 42:761, 42-7~), which assesses the property of such com- panies at full cash value and ap~ions the assessment am~g ~e t~ng districts on a mileage basis (Se~. 42-763, 42-794). Railroad prope~y not used in the continuo~ operatioa of the road is not in~lud~ in the ~sess- ment but is ass~sed by ~e proper au~orities of the counties and citi~ where such property is situated (Sec. 42-7~). Taxes on railroads, tele~aph and telephone lines are collected in the same m~ner as other ~xes. Eve~ airline company operating in air commerce in this state shall file annual ~s on or before May 15 ~th the Depa~ment of Revenue (See. 42-703), which ~sesses the property of such company at full cash value and dete~ines such valuation on the b~is 6f 50% of the per~ntage which ~e to~l s~te ~und time dung the preceding year is of ~e total system ~d ~e during the preceding year, and 50~ of the perc~tage which the total mil~ge of flights ~at~ • The average state tax rate for 1980 is $10,60 per $100 of valtmtlon. CC~ ARIZONA TAX REPORTER .at ~ 2~60. Arizona ~ 2~241 @ 1982, Coerce Cl~ Ho~ ~= TI19703858
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~n Arizona is of the t~tal mileage ~f s~u~ ~A~h~ (Ch. ~, Laws ~1 ; Sec. ~704). The a~u~ ~ levi~ a~ins[ aa ai~iae c~p~y o~ting Arizo~ w~ h~ a s~te~de av~ge ~enff~ ca~d~ ~ I~ ~ 56 sea~ ~ a syst~d,e avenge payl~ c~ciW of l~s ~an 18,~ ~nds, may ~ ~c~d 1~ of ~e f~l c~h value ~ nil fl~ p~ d the o~a~d in Adzo~ (Ch. 8, Laws 19~, 2nd Sp. S~s.; Sec. 4~705). The vatues so ~sess~ shall be t~ed at the average rat~ of l~y in the t~ing dis~ic~ ~ t~e state*. T~ on airline com~ni~ is ~yable to ~e D~artm~t ~ R~enue in ~o equal ins~llmen~, the fi~t due S~mber 1 (definquent November 1) ~ the s~oad due ~arch 1 (de~nquent May 1) foll~ng (See. 4~705). So~c~Ref~ ~e to Adz~ Revis~ S~tes, 19~, ~ ~end~ to date. De~s are re~ in CCH ~o~A T~x ~RTER Rt ~ ~ 20-245 ARKANSAS [~ 20-246] Proper~ T~able.~All property, real and pe~ond, ~nclud]ng in~bles, is ~'bject to ta~ti~ unl~s ~pre~ly ex~pt (S~. ~I). M~bile h~es ~d manufact.ured homes ~man~tly ~xed ~ a fou~fion on pm~y owned ~by the mobile ~ manufa~d home o~er are deem~ real~ f~ p~y ~x~s~ (Act 115, Luws i~i ; Act ~, ~ws 1981, 1st Sp. S~s.). A~l~bl~ " made on to asse~m~ts ~d after J~ I, 1976, .all int~gible person~ pr~y in Ar~nsas is exem~ from count, ciW and stool district ~d v~orem t~ (S~. [~ 20-247] Exempfions.~e following prope~ is ex~pt ~om taxation: (I) public school buildings and buildings used exeluslvely for public worship, including necessa~ grounds attached thereto; (2) pubffc institutions of learning and buildings connected therewffh, but not ' leasdhold estates or red prope~y hdd under the authority of ~y college or untversity of learning; (3) Cemeteries or graveyards n~ held for profit; (4) all property of the state or o~ the United States; (5) county buildings and grounds not exceeding ten acres used for courts, jails, or county offices; (6) county, chy or town lands, houses and other buildings used exclusively for the ac~mmodafion of the poor; (7) lands and buildings of pnblic charitable ~nsti~tions not used for profit, and their moneys and credits: (8) firehouses and the fire e~u]pment kept ~hereln; (9) market-houses, public squares and other public ~ounds, town and houses or halls o~ed and used for public pu~oses, town wate~orks, mach]ne~ and (10) property of 4H and FFA houses used solely by s~den~ (See. ~2~)~ (II) parsonages o~ed by church~ and used ~ homes for pastors (Sec. ~207)~ (12) capital invested in t~tile mills in the state for a period of. seven years from the date of the location of such mill (S¢c. ~2~); (13) h~est~ds and person[ pr~erty are ~pt fr~ state t~es ~f ~y vete~ns, the~ unremarried su~i~ng spouts and m~nor dependent children ~f the vete~ (1) is or ~s receding VA c~pensa~on f~ the loss of, ~d/or loss of use of, one or more limbs or total bIindn~s in or bo~ eyes or (Z) is rated as ha~ng a I~% se~ice connected t~l and pe~nent d]sabi~ or (3).~ miss~g iu a~io~ ~s ~ll~ while ~th[n the sc~e of his milita~ duties or died from se~ice connected (See. 8~); (14) motor vehicles o~ed by public school ~stHcts (See. 80-1816); (1S) Rural ~evelopment Authorities (Se~ 20-14~); * The average state tax rate for 19B0 Is $10.60 per $100 0f valuation. CCH ~HA TAX REPORTER at [ ~0. St~teTaxG~d~ Arkansas ~ 20-24~" TI19703859
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2054 z~'~--~d=ms~ (16) i~rO~a~:y ~ ~ ~e ~ ~ ~t ~ a ~ ~o~ in~ h~er le~nLng (Se~ 80~7~): (17) ~pe~ o~ public hou~g a~fies an~ ~ ~n~l ~en~ for ~ial, bus~ess or indus~hl purp~ (S~ 1~2~. ~ad~ial fa~i~ financed by m~ci~l or c~ r~ue bonds ~em~ from p~ t~ The inter~t of a l~s~ ~ of a purch~er und~ a ~n~ct" of sale ~ ~em~ indust~al f~ilifi~ is also ~mpt (See. ~ Act 4~, Laws 1981). [~20-248] Basis~AR property, hduding t~able intanobles, is req~red to be ~sessed at its tree market value in money or, in ~e case of personal prope~, at its usual selling price (See. 84-428). The ass~sed value of prop- e~y is placed on the t~ record at 20~ of market or actual value (See. ~77). S~cks of merchants and manuf~rers, including manufacturing machine~, are assessed at the average value during the year immediately preceding the first day og 3anuary o~ the year in which a~sessed (Sees. ~26, ~29~ ~1). Any i~r~ in ~e ag~te value of ~able r~l and pe~onal prope~ over the pr~ious y~r, as a r~ult of a co~id~ r~p~isM or r~sses~ meat, is limited to 10% (See. 1, Act ~, Laws 1~1; S. ~. R. 1, ~ws t~; Ti~. XVI, Sec. 14, Ark. A~cultuml land, ~sture land and timb~ land valuation is b~ soil produ~ivity (See. 6, Act ~, Laws 1981). [~ Z0-249] Rates.~All property including taxable intanobles is taxed a rate equal to the aggre~te of ali lawful levies. There has been no state levy subsequent.to December 31, 1947 (See. 84-301). [~ 20-250] Period Covered~AccruaL~Although there ~ no precise stab utory provision declaring what period is covered by ~e tax payment~ the fiscal year for counties, cities, and towns is the calendar year (Sees. 13-102, 13-103). Taxes assessed and levied in the current calendar year are not due and payable until the following year (Sees. 17-40~, 84-~26, 84-913). [~ 20-251] Assessment Date.~Real prop~y is asse~ed ~ of its val~ ~ January 1, annually (See. ~4~). Taxpay~ must self-~sess personal prop~ty t~es betwe~ ~anuary I and April 10 ~nuMly (Act ~, Laws [~ 20-252] Si~s.--Real es~te and tangible personal property are assessed in t~ taxing district where located and kept for use. Intan~ble personal property is assessed in the t~ing district where the owner thereof resides, except that intangibles pe~ning t~ a business, or ~e of co~orations, ~e assessed in the taxing district where the business is located or where the principal o~ce of such corporation is located, as the c~e may be. However, all tunable personal prope~y in transit for a destination in Arkans~ shall be assessed in the taxing district of its destination. Tangible personal prope~y in transit through Arkansas and tunable personal prope~y manufactured, processed or refined in Arkansas and stored for shipment outside the state acquires no situs in Arkansas (See. ~17). [~20-253] A~e~g O~ei~.~rional a~essment is made by the county assessor (See. 84~14). [~ 20-254] Ret~s.~Returns of taxable property are required to be filed with the county assessor be~een the first Monday in ~anua~ and April annually (See. ~14). An additionM return on capital stock is requi~d Arkansas ~ 20-248 ~ 1~s2, C~erce Oe~g Ho~e, TI19703860
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be filed with the cotmty assessor o~ tim county where such corporation is located or doing business, dta'ing tke tr~onth of July annually by bridge, savings banks, m~, tual loan, building, transportation, construction and all other cot- potations doing bjasiness in Arkansas, except insurers (See. 84-501). [~ 20-255] Assessment, Revision and Appeal.--Real property is assessed between the first Monday in January and tlie first day of July, and personal property is assessed between the first Monday i.n January and August 1 (Sees. 84-415, 84-416). The assessments made by the county assessors are equalized by the respective County Equalization Boards either on their own motion (See. 84-707) or upon application by any property owner (See. 84-708). Appeal from the action of the County Equalization Board lies to the County Court (See. 84-7.08). The Public Service Commission is required to equalize assessment of property throughout the state between districts, cities and town- ships of the same county, and between the ~¢arious counties, and of the prop- erty assessed by the Commission in the first instance (See. 84-714). Appeal from the action of the Public Service Commission is to the Circuit Court, except appeals concerning transportation companies are to the Commerce Commission (See. 84-114). [~20-256] Colleetion.--Taxes become a lien oft the prope.rty assessed from the first Monday in January, annually in the year of assessment, except that as between gra.ntor and grantee, the lien does not attach until, the last day fixed by law for the County Clerk to" deliver the tax books to the collector in each year after the tax lien attaches (See. 84-107). Taxes are due and payable at any time from the third Monday in February to and including October 10 annually following the year in which levy is made. Taxes on real property may be paid in installments as follows: ~ by the third Monday in April, ~ by the third Monday in July, and ~6 by Octc~ber 10 (See. 84-913). The sheriff o£ each county is the: e.x-officio collector of all'iaxes of his ebunty (Sd~. 84-901). Taxpayers pay pdrsonal property taxes when assessing the properiyor on or before October 10 following (Act 927, Laws 1981). Soui~e.--References are to Arkansas Statutes of 1947, as amended to date. Details are reported .in CCH A~A~rSAS TAx P~Po~rreR at ~[ 20-000. II 20-257 - Public Utilities Special Provisions.--Al~ operating property, both real arid personal, of carrier, pipe line, railroad, street, railway, express, sleeping car companies, and all telegraph, telephone, electric power, cable television, gas, water, water transportation, toll bridge 9r £err~r, bus lines, motor, freight companies, airlines, interurban and other similar c0mpaalies is assessed for .taxation by the Tax Division, Division of Assessment Coordination of the Public Service Com- mission, on the basis of. returns filed with the Division on or before March 1 (March 31 in the case of motor carriers) annually. (See: 84-601). Operating property" o£ intercounty bus and truck line eompames is assessed by the Tax Division (See. 84-614). The valuation of the total utility 0peratin~ property, tangible and in- tangible, in the state as determined by the Division, is then apportioned to the several counties arid other taxing districts through or in which such company operates as follows: the valuation of all real estate and all tangible personal property which had a fixed situs in such counties on January 1 of the current tax year, and the remaining part of the assessment, if any, is apportioned among the several counties and other taxing districts in .proportion State Tax Guide Arkansas | 20-257 TI19703861
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to t~e value o~ th~ t~n~ihle property a_~portioned ~e~m; ~d~ ~at ~d ~p~e~, and ~e valuation o~ ~e ~son~l ~pe~ p~ss or sleeping car company .Sh~ii be apgorfioned ~onK ~e counties ~d ~er t~g d~ ~ugh or ~ which such complines opiate in pro~or~on to the ~[eage operat~ ~ein. (See. ~I0). The appo~oned valuations ~re ce~ified to ~e variou~ eoun~ assessors who re~rd the assess- ments, ~d ~tend ~e rat~ ~ereon. The ~ so levied are collected ~n the same manner as in ~he case of pro9er~ locally assessed (See. ~11). erty o~ utilities not used in utility ope~tions is assessed locally in the same manner as p~perty belonging to individuals (See. ~613). Private car companies must report mileage within the s~te by April I ~ the Publlc Se~ice Commission, whi~ ce~ifies ~e t~ to ~e Com~ssioner ~ Revenues, Depa~ment o~ Finance and Admi~stration, who levies ~e at the avera~ ad v~em rate throughout Lhe state (S~s. ~17~0). Re~s by utiliti~ are due on or before each March 1 (S~. ~1), on or before each Mar~ 31 ~or motor carriers (S~. I, Act 545, on or bet~e each April I ~or private car l~nes (See. ~617). T~es on the ~al and personal property ot utilities and ca~iers ~re due as follows: ~ by the ~ird Monday in April, ~ by the second Monday in June, ~d ~ by October I0 ¢Se¢. ~913). SobeR,cruces are to Ar~ns~ Statutes of 1~7, ~ ~nded to ~te. Dens are reported in CCH ~sAs TAx ~T~ at ~ 20-260 CALIFORNIA [~] 20-261] Property Taxable.--All property located in California is tax- able unless expressly exempt under the laws of the United States or California (Sec. 201). [~ 20-262] Exe.mptions.--The following property is exerqpt from taxation: (1) Growing crops; property used for free public libraries and free museums; property used only for public schools, community colleges, state colleges and state universities; property belonging to the state, a county or a city (See. 3(a), (b), (d) and (.h), Art. XIII, Calif. Const.; See. 202). (2) Buildings, land, equipment and securities used exclusively for educational purposes by a nonprofit institution of higher education (See. 3(e), Art. XIII, Calif. Const.; Sec. 203); the exemption applies to buildings under construction, land required for their use and equipment therein if the intended use woul~l qualify the property for exemption (See. 5, Art. XIII, Calif. Const.); "personal property owned or used by a nonprofit eorpo~ation operatin~ a student bookstorh affiliated with a nonprofit educational institution of collegiate grade (See. 203.1). (3) Property owned by the .California School of Mechanical Arts,. California Academy of Sciences or Cogswell Polytechnical College, or held in trust for the Huntington Library and Art Gallery or their successors (Se~ 4(c), Art. XIII, Calif. Const.; See. 203.5). (4) Cemetery property except when held or used for profit (Sec. 3(g), Art. XIII, Calif. Const.; Sec. 204). (5) Property of resident servicemen and ex-servicemen to the amount of $1,000 (no exemption is allowed if the value of property of an unmarried perso~ is $5,000 ~ or more or the value of property of a married person and spot/se is $10,000~ or more) (See. 3(o), Art. XIII, Calif. Const.; Sec. 205); a Any change in assessment rates will not decrease the amount used to limit ellglblllty for the exeml)tton (See. 1, Ch. 260, Laws 19q9). California ~I 20-260 © lg82, Commerce Clearin~ Houle~ Inc. T!19703862
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~.~r~ T=~=,--c~=~= 20~ ~perty of a ~nt ~ ~e ~ ~ ~ ~ to the of $~ ~ ~he ~Ue o~ p~pe~ o~ is not ,~ $~ (S~ 3(p), XIII, Calif. ~s~; Se~ ~5); p~p~ of a ~ident p~t of a dec~s~ veteran's sc~ce (Se~. 3(q), Art. ~[~, CMif. ~nsL;'Se~ (6) Homes ~ ~ident veterans or ~eir anma~cd su~ng spouses ~e ~pt ~ ~t ~ ~ ~s assessed ~uc n~ ov~ ~,~ ~ ~c vetch is blind, totally d~bled or has lost the ~ of ~o or more limbs ~ ~t over ~ ~ the disabled v~n ha~ a h~hold inc~c n~ more than $~,~ multiplied by an ~fladon a~ustmcnt ~ctor) (Scc. 4(a), Art. XII~, Calif. Con~.; se~ 20~.5). (7) B~din~, the l~d on whi~ lo~te4 and equipment used for rcli~ous worship (Sec 3(f), Art. XIII, Calif. Const.; Scc. 2~); the ~empfion appli~ to buildings under const~ction, ]and required for their use and ~ eq~pmcnt therein if ~c intended ase would q~lify the propc~ exemption (S~e. 5, Art. XIH, Calif. Const.). (8) ~nd nsed for parking for" persons attending reli~ous se~ces or p~scssory int~r~t in suc~ rcal~ if leased fr~ a governm~al enfi~ (See. 4(d), ~ XIII, Calif. ~ns~; Sec ~1). (9) Bonds issued hy the st~e or lo~1 govc~ments in ~ifo~i~ (S~ 3(c), XII[, ~if. Const.; Sec. ~8). (10) V~ss~ of mor~ th~ ~0 tons transporting freight or pass¢nge~ (Sec ~. XIII, Cal~. C~st; Sec. 2~). (H) ~ouschold f~ishMgs, person~ effects and pets not held or used in conne~ ti~ ~th a trade, profession or buMness (S4~ 3(m), ~. XIII, C=~ Const; Sec. ~4). (12) Fret and nut trees ~til fo~ years ~ter the ~eason'in which planted; ~p~ ~ until three y~s after the scion in which planted (See. 3(i). A~. XI[I, ~if. Const.; See. 211); ~mamre forest tr~es planted on land not previously b~ing t~ber or on land fr~ which most timb~ h~ ~en r~oved (Sec. 3(j), A~. XIII, Calif. Const.; Sc~ 211). (13) Prope~y ~ed solely for nonprofit reli@o~, hospital, sdentific or charitable pu~oses (Sec 214); effective ~ M~ 1, 1985, ~rs~ pro~ o~ " and operated by the Ci~l Air Patrol (Sec. 213.6); proper~ owned and ~e~ted by reli~ous, hospital or cha~table funds, f~ndatlons or co~- ~tions; sch~ls of less than colle~ate grade; nurse~ schools; non-com- mercial FM or AM radio stations or edu~tional TV stations; and h~sing and rel~ted rarities for tidily or h~di~p~d f~lies (C~ 542, 1981; Sec. 4(b), Art. XIII, ~lif. C~st.; Sees. ~, Z14, 215.5); ~empt proper~ o~ed by a nonprofit reli~s, hospi~ or cha~mble or~niza- fion if l~ed to an ex~pt gov~m~l entity or to a c~ty college, state college or s~te umversity for edu~tional pu~oses (Se~ 214.6). (1~) Prop~ty ~ed to shelter more t~n ~ o~han or h~f-o~han childr~ recdving state ~d if o~ted by nonprofit reli~ous, ho~it~, scientific or charitable or~nizations (See. 4(b), A~. XIII, Cal~. ~Const.; S~ 2~¢). (15) P~erty used solely to prese~e ~tive plants or ~ma~ ~ geolo~ .fo~tions; pubfic open space lands ~ o~ed and operated by nonprofit s~ntific or charitable f~ds, foundations or ~omtions (Se~ A~. XIII, CaliL Const.; Sec. 214.02). (16) College prope~y owned by nonprofit reli~o~, ho~pit~ or c~it~le fun~, foundations or c~omtions (Se~ ~(b), ~rt. XIII, CMiL Const.; S~ 21~.5). (17) P~y of nonprofit ~om~ons leased to ~d ~ed solely ~ ~lifo~ s~te or I~al gove~ments (Se~ 231). (18) Notes, debent~es, shares of stock, solyent credits, ~nds, de~ ~ moR~s and ~ney on h~d for ~e in the re~l~ c~ of busin~ (S~. 212). (19) Veterans' o~anizations (See. 21~) ; building, ~d re~ n~s~ for ~elr ~ o~ed by vet--s' org~izations ~empt fr~ C~ifornia ~d fed~l in,me ~es (Se~ 21~1). (20) P~pe~ of p~lic housing authorities (See. ~1, H~Ith ~d Safe~ Code); property on ~hib~tion (See. 213). " 8mte~de ~lifornio ~ ~262 TI 19703863
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(~) ~ o~ ~ the U. & or ~ ~d= a=d ~ ~r ~ fowl (~). ~r~ in the ~ ~ ~ ~r (S~ ~). (~). Stock ~n ~de, up ~ $1,5~, o~ R blind vendor (Sec 216). (25) A~ work d~s~layed ~n R public musc~ or gall~ or a museum re~l~ op~ to ~ public Rnd opera~d by an ~¢mpt nonp~At or@niza6en (See. 217). (26) Frui~ and nut trees and ~ape ~nes held as personM~ on the lien date for subsequent planting du~n~ the assessment y~r by the ~owers oth~ than nu~s~es (Se~ ~3). (27) Nonco~ci~ v~sets wi~ a m~ket value of $~ or less (Se~ 228). (~) Seed ~to~ held by ~ ~ower as person~ prope~ on the lien date ~or s~sequent planing in a field during the a~sment y~ (See. 232). (~) Ca~o ~n~ners used principally to tr~po~ c~go by ~sels in oce~ eo~e (~. 1115, ~ws 19~; Sec. 232). (30) A~ debt sec~ed by land (S~ 3(n)., ArL XI]I, Cal~. C~). (31) Timber on private and public land (see, however~ ~-274.1) (See. ~6). (32) Busln~s inv~tor~ (See. 219). Tax assistance is available to Callforni~ homeowners and renters who are 62 or older, bi~nd, or disabled and whose ~s h~sehold inc~e does not exce~ $~,~ (Sees. ~505, ~514). ~e assistance is based on ~ percenta~ of the pro~y tax accrued and paid by the claimant on the residence ; in the case of owner-claimants, the assistance is equal to ~he a~lica~le percentage of pro~rty ~es ~paid on the assessed value of the dwelling up to ~nd including ~34,~ (See. 20~2). For ~ner-cl~m~ts, ~e p~cen~ge of ~ist~ ~ from ~ of the tax on the first ~4,~ of value if h~sehold income is not over ~,~ to 4~ of the tax on ~e first ~34,~ if household income is not over $~2,~ (~. ~S~). ~or renters, the assistan~ ranges from ~ of the statutory property t~ equivalent ($250) if household ~ncome is not over to 4~ of such t~ equivalent if household income is not over $1Z,~ (See. Residents who~ household income is under ~0,~,~ who own their dwell- ing and who ~e 62 or 61der or to~lly d~sabled m~y postpone residenti~ ~roperty taxes, assessments and us~ ~arges (Sees. 20S0~, 205~, Tenant-stockholders ~ed 62 or older whose 'honsehold income d~s not exceed ~0,~~ and who ~cupy as a prlncipal residence ~ residential unit in a cooperative h~us~nff co~oration may postpone the t~es on their portionate shoe of real estate (Sees. 20627, 2~29). Persons aged 62 or older who hold a riffh¢ to a ~ssesso~ interest pursuant to a v~lidly r~orded ~nst~ment ¢o~veying the possessory interest for ~ te~ of ye~s not less ~an 4S years beyond the last d~y of the ye~ ending immediately p~or to the fisc~ ye~ for which ~es ~e initially postponed m~y file a claim for post- ponement of ~ sum equal to the amount of property t~es for the fiscal year for which the clam ~s m~de. To qualify, the claimant must o~upy ~ principal place o~ residence the residential dwelling a~xed to the possesso~ interest realty on the ~t day of the year prior to commencement of the fiscal year for which postponement ~s claimed. The postponement will not be allowed ~ household income exceeds $20,~ ~ (Sees. 20~.3, 2~.4). ~ome~ners are pr~ided prope~y tax relief as foll~s: an exem~i~ of $7,~ of full cash value is al~ed for each dwelling occupied by an owner thereof ~ the lien d~te as his principal place of resid~6e. The ~ Maximum household Income requirements for tax postponement are to be adjusted to re- flect changes in the California Consumer l~riee Index (See. 20585). C~lifornia tl 20-262 © t982, Commerce Clearh~ Hou=m, Inc. TI19703864
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does not apply t~ property rented, vaca.~t or uad.or ~ oa the lie~ date or ~ a v~on or s~ad hom~ ~e ho~~" ~~ d~ n~ apply tO ,p~ ~ whgch ~he ~ner ~c~ t-~ ~ter~s' ~mp~on For ~e ~ fi~I year, 50~ of ~e ~s~sed v~ue of bus~ess ~v~- ~m. is ~emp't f~m ~. For ~.e 1~1 fi~ year and ~r,'busin~s hventofies ~e ~ly ~mpt ('~ 219), [~20-263] ~a~s~Every assessor sh~l asses .nit t~a~le p~e~ its full vMu¢ (~c. ~1).. T'he 1P75-76 assessed value of proper~y is the ba~ value. P~per~ may be reassess~ only after n~w ~ns~ction on, transfer or sa~ of prope~y afar ~e 1~5 a~essment. The hit m~ket v~luebase may refle~ ~e .inflafio~ ~te, not to ~ed 2% for ~y y~r, or ~ucG~ (See. 2, r~l~ ~hat is ~ons~c~d ~fter a ~s~ter, ~ decl~d by t~ ~v~n~, ~h~ ~he.fair mrk~ v~lue of ~e r~nst~e~ p~p~y is c~ble to i~. f~. m~rket ~lue. ~ior ~ the dlsast~ (See. 2, A~. XlIIA, Calif. C6fist.). "'N~ly ~s~et~" .does ~t in~de ~e cons~uc~on or ~di~ of ~y a~ sbla¢ en~ sys{~ (Ch. 239, L&ws 1~1; Ch. 1~5, ~ I~; ~c. 73). The t~ on any interest in notes, debentures, shares of capltM sto~, bonds, solvent credits, d~eds of trust or mo~gages may not exceed 0.4~ of full value and ¢h~ t~ per dollar ~f full value may not be higher on personal pro~rty ~an op re~ in the ~me t~ng jurisdiction (Sac. 2, A~. XlII, Calif. Const.). A documented vessel is assessed at 4~ of fuil cash value if the vessel ~ ~ged or ~ployed exclusively ~ the ~Mng ~d ~ion of'. fish or or.her living.resource of the sea for commercial purposes, in inst~ctio~ or res~rch s~di~ as an oceano~aphic research vessel, or in caring or t~ns- po~ing seven .or-more people for hire for commercial passenger fi~hing pur- poses and holds a current certificate of ins~ction from the ~. S. Co~t G~rd (~. 475, Laws I~l ;C'h. 1~8, Laws 1~; Sac. 2~). "'Mobile hdm~ o~ a pe~ent fo~dafion a~e taxed as r~l propmy and mobile homes that are not on a permanent foundation system, are ~xed as per- sonal pro~ (Ch. 285, ~ws 19~; Sac. 5~1). The l~d ~alue of ~ mobile home on-rented land in a mobile home park is excluded from the assessment ~. 52, Laws 19~). Ai~raft are ~d at ~he sine rate and in the same manner as all other personal prope~..Aircraft which are considered business inventow" are included in the invento~ exemption (Ch. 610, Laws 1980; Sac. 5391). Air- craft are assessed at m~keg value (See. 5362). When open space land is enforceably restricted to recreation, conse~a- tion or food production it is valued only on a basis consistent with its use (See. 8, Art. XlII, Calif. Const. ; Sac. 432). ~d zoned as timb'erhnd presage which is not,under an open space contract is vMued ~ the basis of it~ value for.~wing and ha~esting timber (See. 423.9). A s~gle family dwelling, and so much of the land as is required for its use, l~ated on land z~ed exclusively. for single family dwellings or a~icMtu~l purples may.be assessed only on the basis of use (See. 9, Art. XlII, Calif. Const.). .. [~ 20~64] Rates.~There is no state le~. Counties levy.a ~x of ~per ~ of assessed value. For 198I~2 fiscal year and thereaft~, the t~ is State T~ G~de California ~ 2~2~ TI19703865
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o~ assessed val~e (Ch. 1206, L~ws 1980; Sec. 2237). ~_I property ~s taxed at the aggregate o~ all lawful levies. The rate is f~ced to meet budget needs (Sees. 2151, 2153). The maximum amouat of tax on real property can- not exceed 1~ of the full cash value of the property (See. 1, Art. XIIIA, Calif. [~20-265] Period Covered--Accrual.--Taxes becoming a lien in March, assessed before the first Monday of July, levied in September, and collected between November and the following April are [or the fiscal year beginning on the July 1st following the date on which the taxes became a lien. [7 20-265] Assessment Date.--All property is assessed as o~ 12:01 a. m. on the first day in March (llen date) (Secs. 401.3, 405, Rev. and Tax Code, Sec. 43002, Tit. 4, Gov. Code). In general, cities have adopted .the same assess- ment date. Counties fix the rate on aircraft on or before September 1 annually (See. 5391). [7 20-267] -qitus.-~Gencrally, taxable property is assessed in the county or taxing district in which it is situated (Scc. 404). Vessels are taxed in the county where habitually moored (Sec. 1139). Aircraft arc assessed in the county in which habitually situated (Scc. 5362). [7 20-268] Assessing OiYicial.--Property, including aircraft, is assessed by the assessor of the county in which the property is situated (Sccs. 601, 5362). Cities are divided .into six classes and are given power to levy and (~oI1ect taxes. In those cities which assess and collect their own taxes thc city assessor is in charge of assessments (Scc. 41201, Tit. 4, Gov. Code). [~.0-269] iRoturns.~Taxpaycrs file returns with the county assessor between noon on the first day in March and 5 p.m. on the last Friday in May or such earlier.time as the assessor may appoint. If the assessor aplx~ints a time other than the last Friday in May, it may bc no earlier than April I (Sec. 441). Taxpoycrs in cities assessing thdr own taxes file their returns with the city assessors between the first Monday irt March and July I (Sec. 41201, Tit. 4, Gov. Code). Owners of aircraft file annual statements (Sec. [~ 20-270] Assessment, Revision and Appeal.--Assessment is made by the county assessor between the first day in March and July (Sec. 405). An appeal may be taken to the County Board of Supervisors (Scc. 1603). The decisions of the county boards arc not subject to review by any higher administrative body in the case ol~ individual assessments except where an appeal to the courts is sustainable on account of fraud or similar reasons. [~ 20-271] Collectlon.~Tax lien on real and persona! property attaches as of 12:01 a. m. on the first day of March (Scc. 2192). Taxes on real _property arc paid to the county tax collector (Scc. 2602) in two install- meets, one-half on November I, delinquent December 10, and the remainder on February I, delinquent April 10. Taxes on personal property secured by real estate are duc November 1 and delinquent December 10 (Secs. 2605, 2606, 2617, 2618). However, secured taxes may be paid in two install- meets, at the same time as real property taxes are payable, if so ordered by a resolution passed by the board of supervisors of any county in the State (Secs. 2700--2703). Counties of four n~il[ion or more inhabitants (Los Angeles County) may provide that all real aud personal property taxes on the secured rolls are due September 10 but may be paid in four installments dclin- quent on the 10th days of October, ~anuary, March and May (Sees. 2750- Ca[l~omi~ ~. 20-2(~S © tssz, Commerce c1~arin~ Hou~, TI 19703866
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2762). However, the Board ~ Supervisors may provide that if the four- pdyment pIan is adopted the first installment is delinq.ueat Octob.er 25 (Sea 2768). Taxes .on personal property tmsecu~ed by real property are due on the first day in March (See. 2901) and delinquent on August 31 (See. 2922). The due date~ in cities are fixed by ordinance (See. 43000, Tit. 4, Gov. Co<re): Aircraft taxe.s are collected similarly to. other county, taxes .on the unsecured roll (See. 5423). Source~--References are to sections of the Revenue and Taxation Code, as amended to date. Details are reported in CCH C~Lrmm~zA T~x Rm~mm~ at 120-000. 11 20-272 Public Utilities Special Provisions.--All pipe lines, flumes, canals, ditches and aqueducts not entirely within the limit~ of any county, and all property other than fran- chises owned or used by regulated railway, telegraph or telephone companies, car companies operatirig on railways in California and companies transmitting or selling gas or electricity, are ~ssessed by the State Board o~ Equalization and are subjec~ to taxation to the same extent and in the same manner as other property (See. 1.9, Art. XIII, Calif. Const.). The assessment roll show- ing the assessment is transmitted to the auditor of each county and city in which public utility property is located (Sees..721 758). Source.~References are to sections of the Revenue and Taxation Code, as amended to date. Details are reported in CCH CAr.~om, cla TAx REPORT~ at ¶ 20-000. 1I 20-273 Private Railroad Car Tax Special Provisions.--Pcrsons owning private railroad cars operated by railroads of California must file a report with the State Board of lEqualizaticm on or before April 30 (See. 11271). Private railroad cars are assessed by the Board at 25~ of full cash value (Sed. 112~1). The tax is based on the product of the average number of each class of private railroad cars present in California ehe preceding year times the full cash value for '~ car in a particular class (See. 11293). On or ,before O.ctober 1 the Board will levy a tax against railroad cars assessed, computed at the next preceding year~s average ra~e of general property taxa4:ion within the state (See. 11401). (For 1981, the aver- age rate of tax is 1.14% (CCH CAL~FORmA TAX Rm'ORTm~ at ~ 20-410).) Am- trak equl?men± is taxable (See. 11203). The ~x must ~be paid to the B~oxd .by December I0th of each year (See. 11404). This tax is .in lieu of all other taxes .upon l~-iv~te railroad cars (See. 11252). .... ~ou~e~-~Refcreuces are to secfion.s ot "~m Revenue ~nd Taxation Code, as amended to date. Details are reported in CCH C^LI~0aNL¢ TAX Ry2omtm at ~ 20-000. 1 20-274 Cotton Tax ~ Special Provisions.---A tax is imposed on cotton in the baled form at the rate of 1/10 of 1~ of the full cash value which shall be in lieu of all other property taxes. Lien attaches at the time of ginning and baling and is col- lectible only at the time the cotton is removed from the gin yard or place of ginning or baling (Secs. 991~ 2193.3). Sottrce.~Reference is to the Revenue and Taxation Code, as amended to date. Details are reported in CCH CALIFORNIA TAX l~20~aX~ at ~ 20-000. ~ '/'he tax on :~baled cotton is repealed, applicable to taxes imposed for the 1980-81 flseal year (Ch. 11~0, Laws 1979). State Tax Gtdde California 1I 20-274 TI19703867
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~1 20-274.~ Timber Yi,eld Tax Special Provisions.--A yield tax is imposed on timber owners who harvest timber and on every owner of felled or downed timber who acquires title thereto Ln California from an exempt person or agency. The tm~ rate is 6% t of the total immediate harvest value of the timber or such other rate as may be fixed by the State Board of Equalization (See. 38115). In addition, such timber owners are subject to a 0.5% timber reserve fund tax on the timber harvested from April 1, 1977, to December 31, 1982. The additional tax is based on the total immediate harvest value of the timber and the rate is reviewed annually by the Board (Sees. 38301, 38303). On or before each December 31 the yield tax rate is adjusted 1 to the nearest 1/10 of 1% in the same proportion that the average rate of general property taxation in the rate adjustment counties in the current tax year differs from the average rate of general property tax in such counties in .the preceding tax year (See. 38202). Tax returns are filed with the Board on or before the last day of the month following each calendar quarter (See. 38402). Tax payments are due on or before the last day of the month following each quarterly period in which the scaling date for the timber harvested occurs (See. 38401). $ource.--References are to the Revenue and Taxation Code as amended to date, Details are reported in CCI-I CALIFORNIA TAx REPOR'£ER at ~[ 108-351. f[ 20-275 COLORADO [~ 20-276] Property Taxable. All property, real and personal, is subject to taxation unless expressly exempt (See. 39-1-102). [~[ 20-277] Exemptions.--The following property is exempt from taxation: (1) property of the state and its political subdivisions and public libraries. (2) property used exclusively for religious worship. (3) property owned and used exclusively for nonprofit schools. (4) property owned and used for strictly charitable purposes. (5) cemeteries not held or conducted for profit. (6) uersonal effects and household furnishings not used for production Of income. (7) intangible personal property. (8) ditches, canals, etc. owned and used to irrigate land owned by the taxpayer when used exclusively for such purpose. (9) until July 1, 1987, electric powered motor vehicles (S. B. 114, Laws 1980; See. 39-3-101). (10) improved real property owned by church or synagogue organizations when used solely and exclusively as residences by pastors, priests or rabbis actually serving as such, to the amount of $16,000 (See. 39-3-102). (11) the increase in value of lands by reason of the planting oi timber thereon, for 30 years or to such time prior thereto that the timber becomes suf- ficiently mature for economic use (See. 39-3-103). (12) real and personal property of county fair associations is exempt as long a~ the property is actually and exclusively used .for such purpose and not for pecuniary profit (See. 39-3-104). • No ad:iustment of yield tax rotes certified for the years 19"/9, 1980 or 1981 will be made to reflect any portion of the property tax rate levied on the unsecured roll ~or the 1978-79 tax year, le~J the rate for vot~Pal~proved debt, which Is in excess of $4 per $100 of assessed value. The y|eld tax rate for 1962 will be calculated as If the yield tax rates for those years had been adjusted to reflect the excess property tax rates (Ch. 947, Laws ~; See. 3&203.5). "" = The timber yield tax rate is 2.9% and the timber reserve l~nd tax is 5.2%. State Board of Equalization, December 28, 1981. C01ifornia ~ 20-274.1 © 1982, Commerce Clearing House, Inc. Ti1970~
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(~3) wal~ works d~str~ct l~opcrt~" (S~- 3~4);. ,~ (S~ 37~-113); ~sing ~ p~er~ (S~ ~; slum ~- (~ ~07). (14) pr~¢~ ~cupicd as an ~hanag~ or by single ~vidu~s agv ~ or ov~ or d~bIcd, or by a or o~ or dibbled wh~e in~mcs arc ~tMn 150~ ~ the limi~ p~s~ibcd [~ s~ ~di~u~s ~ f~itics w~ ~u~y nc~by 1~ ~ p~lic h~ opted by R 1~ ~i~ Ruth~W (C~ 450, ~ tggl; Sc~ 39-3-101)." (15) a £amily se~c¢ facility o~ed and o~ted ~ an or@~zati~ ~t from federal income t~ by Sec. 501~c)(3) o[ the Intc~ai Revcnu~ Code, and which is ca~ble of b,in~ occupigd by 25 or mo~ s~gle-parent~mgies wh~e in~mcs ar~ within 150% o£ ~e limi~ prescribed for si~[ar families ~ho occupy nearby low rent public h~sing opc~tcd by a lo~ ho~ing ~u~ority (Ch. ~1, ~ws 1981; ~c. 39=3-101). Land othc~se exempt is taxable when a possess~ interest is acquired by a private individual, association or cor~tion in connection wi~ a busi- n%ss for profit (Sec. 39-3-112). Improvements made to residential property of "~.ree uni~ or less be~n alter ~unc 30, 1~6, arc not taken into accdunt in assessing the prdpe~ ~or the first ~ve yeats after c0mplction if'the building Js more than 30.y~ars old when the impr-ogement is be~n (Sec. 39-5-105). Persons ~h~'~re 65 or older may de~er their previous year's realty taxes by filing a claim after ~anuary ~' and on or be~dre April 1, of each year in Which they claim a deferral (Sec. 39-3.5-102). To q~liiy, the propcr~ m~t be the homestead of the ~xpayer, the ~xpayer must own ~ be purchasing the [~ simple estate, the property must not be incom~producing, all re~ ~es for years prior to the year for which election is made must bc paid and the prop~y must not be subject to ~ny lien of a mort~ge or deed of trust which has been o[ record for less the. ~ve years p~or to the date on which the claim for deferral is submitted (S.ec. 39-3.5-103). ~nterest ac~es on the deleted taxes at th'c rate of 8~ the ~ayer may elect to continue the ~x de[e~a[ if the s~use is ~ y~rs old or older (~c. 39-3.5-112). [~ 20-278] Basis,~All taxable pr~erty, must bc assessed at 30~ o[ .its actual value. Prope~y in transit through the s~ate is ~sessed at 5% Of act~l value. Severed mineral interests are to be valued at ~e s~e man~er as other realty. An inhere in the value of a building or impmv~ent attributable to the installat[~ o~ a solar, ~nd or geoth~al c~r~ device is not .included in dete~ining the buildings ~ Jmpxovc- ment's actual value. Agricultural equipment and a~icultu~l suppli~ ~c assessed at 5~ of actual value (Sec. 3~1-1~). Oil and ~s leascholds, lands and royalty interests are assessed at an amount equal to ~.5% o[ the selling price of oil or ~s sold during the preceding calendar year, or not sold during the preceding year but trans~ from the ~is~, excl~ing the selling price o[ oil or ~s ~livered to the U. S. govc~ment or its agencies, the state or its agencies, or any political subdivision of the state ~ royalty durin£ the preceding ~lend~ ye~ (CE. 454, ~ws 1~1; S~. 3~7-102). S~ of merchandise of a manufacturer or:merchant are assessed at 5~. Livest~k'~e assessed at 5~ of actual value times the number o~ months owned .by the t~p~y~ divided by ~elve. The actual value o[ dai~ liv~tock is 135~ ~ the stock cow actual value (~cc. 39-5-1~). The actual value of a~icultural land (~duslve of building improvements) is determined by considering the earning dr ~u~ive ~ciW of the l~d du~ng a r~sonable at 11~%. (Sec. 39-1-1~). Fa~ products in a raw or unprocessed state, StateT~ G~de Colorado $ 20-278 TI19703869
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2064 wken prardaased and stored for resale, ave assessed at 5~ ~f actual value (See. 39-5-111). The actual value of a mobile home shall not exceed 75% of the retail delivered price when new, less the exemption for household furnishings and, depreciation (Sec. 39-5-203). Works of art offered for public display in the state for at least 2 weeks of the tax year are assessed at ~ of I% of actual value (I-I. ]3.1228, Laws 1980; See. 39-1-104). Property shall not be assigned a value over 85% of the average sales price o£ comparable properties within the same class or subclass (Sec. 39-1-103). For tax years 1980 through 1988, improvements and personal trroperty initially valued for assessment before 1989 and used exclusively to'produce alcohol for use in motor fuel and derived from (1) agricultural and forest products with purities of at least 90%, or (2) hydrocarbon or ear.bon eon- tainlng by-products or waste products with purities of at least 95% and the land on which the property is located, will be assessed as follows: 2% of actual value the first assessment year; 9% the second year; 16% the third year ; 23% the fourth year; and 30% thereafter. This assessment applies only to facilities producing 3 million gallons or less of agricultural alcohol per year or to units of production producing 10 million gallons or less of alcohol from by-products or waste products per year ('C'h. 445, Laws 1981 ;Sec. 39-1-104). ]For tax years 1982 through 19°o6, rail transportation property is a separate class ok property. The assessment ratio to be applied to rail transportation property in such years is the assessment ratio that existed for other eom- mea-cial and industrial real property in Colorado in the previous year (Ch. 453, Laws 1981; Sec. 39-4.1-103). [IT 20-279] Rates.---Property is taxed at the rate equal to the aggregate of alt lawful levies. [IT 20-281] Assessment Date.--All taxable property is assessed as o~ January 1 annually (See. 39-1-105). [IT 20-282] Situs.--Real and personal property is assessed in the county where it is located on January 1 (See. 39-1-105). [IT20-283] Assessing Official.raThe county assessor in each county assesses all taxable property (See. 39-1-103) e~eept public utility property v~h~ch iz w_s_ses_sed by tl~e property tax administrator in the Division of Property Taxation (See. 39-4-102). lIT 20-~.84] Returns.---Every person owning taxable personal property is requi~ed to file a return with the county assessor by April 15, an.nually (Ch. 444, Laws 1981; See. 39-5-108). lit 20-285] Assessment, Revision and Appeal.---Appeals from assessments made by the county assessor are taken to the board of county commissioners sitting as a hoard of equalization (See. 39-8-106). Appeals from the board of equalization lie to the board of assessment appeals. Appeals from the board of assessment appeals lle to the district court of the county wherein the property is located (See. 39-8-108). The property tax administrator in the Division of Property Taxation may also receive complaints relative to the assessment of property (Sees. 39-2-111, 39-2-112). Colorado 11 20-279 © 1982, Commerce Clearing House, Iax¢. TI19703870
Page 40: TI19703871
[~20-~86] Co11~ction.--AR p~ope~y taxes are due .and payable to the county treasurer on January 1 following the year in which levied, an.d become delinquent on August 1 (See.s. 39-1'0-101", 39-10-102). The lien of general taxes for the era'rent year at~ches to alI taxable property at 12 noon on the assess- ment date (Sec. 39-1-107). Taxes, if $25 or more, may be paid in two install- ments as follows: one-half on or before the last day of F~:bruary, and the remainder on or before the last d~y of July of the year foIIowlng the one in which they were assessed. However, the entire annual tax may be paid on or before April 30 without penalty. If the tax duc is less than $25, it must be paid by April 30 (Scc. 39-10-104). Source~--Referene~s are to Colorado Revised Statutes, .1973, as amended to dgte. Details arc reported in CCH CoLo~no TAX REPOR'D~ zt ~[ 20-000. II 20-287 Mines Special Provisions.--All mines and mining claims wh.ose gross proceeds exceeded $5,000 per annum shall be classified as produ.ci.ng mines and all others as non-producing mines (See. 39-6-105). Producing mines shall be vahzed at a sum equal to one-fourth of the gross proceeds for the preceding yekr. If the net proceeds from the mine exceed one-fourth of the g~oss Prpceeds during the calendar year, the mine shall' be valued for assessment at the amount of such net proceeds (Sec, 39-6-106). Non-prod~zcing mines shall he assessed as other property (Scc. 39-6~111). In addition to all other taxes, mines are assessed for a tax equal to one-tenth of one per ccnt upbn the assessed valuation of all produc.ing and non-producing mining property (Sec. 34-41-101). Returns. are filed with the county assessor no later than April 15 and taxes are pay- able to the county treasurer by .lanuary 1 of the year foll~)wingthat in whick they arc levied and be.come delincJuent on Augu~t~l (Sees. 39-6-106, 39-10-102). • Source.--~Re~erences .arc to Colorado Revised Statutes'. 1973, as amended to date. Details are rdported in CCH COr.0RA,O TAX R~ORZZZ at I~ 20-000. II 20-28~ Public U¢;lities • Special Provisions.~The property tax administrator in the Division of p..rope._rty Taxation is required to asccr~in the value of the 'operating proper- ~'es Of :public utilities on the basis of returns filed with the/tdminlstrator (Sec.~39L4-102). Returns :are due April 15 ~ith the ;)roperty tax administrator in .the Division of. Property Taxation (Sec. 39-4-103). The administrator is required to apportion the ealuation thus found to the various counties, on the basis 0fthe proportion of property located or operated therein (Sec. 39-4-106), and to certlfy the ~ssessrncnt made to the county ass~es~6rs, who record the assessment (,Sec. 39-#-107). For tax years 1982 throug~ 1986, rail trans- portation property is a separate class of property. The ass6ssmcnt ratio to be applied to rail transportation property in such years is the assessment r~tio that existed ~or-other commercial and industrial real propert~r in Colorado in the z~rcWous y~.ar (Ch. '453, Laws 1981; Sec. 39-4.1-10.3). • For tax years 1982 through 1986, an equalization factor will be applied to the actual valu~ of.each public tttility to a.d~us~ the actual value for the current year of assessmdnt to the l~ve] of value in 1981. For tax" year 1987 and thereafter, actual value will be adjusted~to reflect th6 new 'level of value to be determined every four yco~-s b~; the property tax administrator (C.h. ~52, Laws 1981; Sec. ~9-4-102)o $ource~--Rderenccs are to Colorado Revised Statutes, 1973, as amended to date. Details are reported in CCH CoronAdo TAx Raroazza at g 20-000. State Tax Guide Colorado~ 20-289 TI 19703871
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| 20-290 CONNE, CTICUT [420-2,91] Property Taxab~.--All real and tangib|e personal property is taxable unless expressly exempt (Sees. 12-64, 12-71). Certain motor vehicles not registered in. Connecticut on O'~ober I, but which are registered after October 1 but before July I, are subject to property tax (Sec. 12-71b). 20-292] Exempfions.--The following property is exempt from taxation: (1) property of the United States (the taxation of which has not been authorized by Congress), the state, municipal porperty, property of volunteer fire companies, property devoted to public use (See. 12-81); (2) real property of corporations organized exclusively for scientific, educational literary, historical or charitable purposes; property of Connecticut corpo- rations organized exclusively for hospital, agricuttural or horticultural purposes; perscmal property ot~ Connecticut religious organizations; houses of religious worship and the land on which they stand of any religious organization (See` 12-81). (3) property of nonprofit cemetery organizations; property of any Connecticut bona fide war veterans' organization; nonprofit camps and recreational facilities for charitable purposes (See. 12-81); (4) property of blind residents; property of resident pensioned or disabled war veterans or their surviving spouses while unmarried, or minor children of deceased servicemen, to the value of from $1,500 to $3,000 depending on age and disability rating; property of resident veterans or members of armed forces or of resident surviving spouses, minor children or parents of veterans, to the value of $1,000; dwelling house and lot belonging to or held in trust by veterans with service-connected dis- abilities, or their surviving spouses, who served in the U. S. Army, Navy, Marine Corps, Coast Guard or Air Force to the extent of $10,000; loss of use of one arm or one leg due to a service-connected'injury entitles the veteran to a $5,000 exemption (See` 12-81); (5) fuel and provisions for the use of any family; household furniture; private libraries; musical instruments, including radios and television sets; watches and jewelry; personal wearing apparel; commercial fishing apparatus, tools of a m~chanic, or farming tools to the value of $500; latin produce and animals including colts, calves and lambs grown during the season next preceding assessment day; sheep and goats to the value of $200, swine to the value of $50 and poultry to the value "of $25; all farm machinery, excep* motor vehicles, to the value of $10,000 and .poultry and livestock exclusively in farming by a farmer or group of farme~'s, including farm corporations; cash on hand or on deposit; carriages, wagons and bicycles not held for sate or rental (Act 393, Laws 1980; Sees. 12-81, 12-91); (6) property of units of Connecticut national guard; nursery products while growing in a nursery; (7) property of railroad companies, express, telegraph, telephbne, cable and car companies subject to gross earnings taxes (see ~80-290) (See. 12-80); (8) stock of any corporation the ~vhole property of which is taxed in the corpo- rate name (See. 12-59) ; (9) personal property loaned without charge or leased at a nominal charge o| $1.00 per year to any exempt educational institution above secondary level and used for educational purposes (See. 12-81); (10) merchandise of a nonresident stored in a public warehouse or on a public wharf is considered in transit and not subject to local property taxation (See. 12-108); (11) persons 6:5. or over m.ay have thdr real property tax frozen if (1) fedexal adjusted gross income and tax exempt interest for the preceding calendar year is Connecficut~ 20-290 © 1982, Commerce Clearing House, Inc. TI19703872
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~ ~-~ ~'ro~'t~2"a=e~-Cc~e~ie~t 2067 ~c~ ~ ~6,0~0, (2) ~e ~r ~ ~p~ ~e ~ ~s ~ hom~ ~d (3) .eider he or ~s spouse h~ ~si~ed in ~n~c~t ~or a~ l~st y~r. The t~ is c~ a~ d~ucfing ~I~ f~m ~ ~lue ~r 1966 or ~e y~ when ~t qu~ed (Act ~[4, ~ws I~9; ~-129b)*; (12) wa~er ~d ~r ~011ut[on con~ol ~Bties (Sec, 12.81); 1970; 50~ in 1971; ~ in 1972; 70~ in I~3; 8~ ~ 1974; 90~ ~ 1975 ~d l~ in 1976 and ther~fter; monthly avenge ~vento~ of whol~ sale and re~l bus~ne~ are exempt as follows: 1/12 of their ~uat[on f~ purpos~ of assessment ~ 1971; 2/12 ~ 1972~ 3/12 in 1973; 4/12 ~ 1974g 5/~2 in 1975~ 6/12 in 1976; 7/12 ~ 1977; 8/12 ~ 1978;9/12 in 1979; in 1980; 11/12 ~ 1981; and I~ ~ 1982 and ~ere~t~ (Se~ 1~I)~ (14) motor vehicles belon~ng to or held in trust for any member of the U. a~ed forces if ~d outside ~e state, (Sec. 12-81); (15) mutual t~st investment companies (Sec. 36-~); (16) $I,0~ in property belon~ng W or held in t~st f~ ~y residen~ eli~ble to rec~v~ permanent to~l disability ben'efits under a f~l, state or Io~I plan (Act 412, ~ 1980; Sec. 12-81); (17) c~ereial fishing v~sels if not less ~an 50~ of ~e ~djusted ~oss inc~e o[ ~e owner ~s [rom co~erclal flsh~g (Se~ 12-81) ; (18) v~s o~ed by Connecfic~ ~ployers ~ed to t.~rt work.s to ~d from work in the s~te (Se~ A realty ~ credit as follows is all~wed persons 65 or older (or wh~e s~use is 65or older) or who are 50 ~ older and the su~ving spo~e of a ~payer who qualified for the cred[t at the time of death, if they occupy the realty as a .home, have resided in ~nnecticut for at least one year, and have adjured ~oss income and t~-exempt in~erest plus ~y o~er income not incl~ded in adjusted ~ossincome (qualifying income) ~or the p~eding y~ o[ not over ~12,~. The' e~it is equM to ~e tax asses~d, less 5~ qualifying income for the preceding year, b~t not over ~e follo~ng amo~ (Act ~, Laws I~I ; Acts 391, ~, ~ws 19~; See. I~17~) : For ~t Y~ B~ Oct~ I/I~0 Q~g Ov~ N~ Ov~ M~. U~ $ 4,0~ to 5,~ ................. ~0 400 5,0~ to 6,~ ................. ~0 6,~ to 7,~ ................. 3~ 7,~0 to 8,~ ................. 2~ 8,~0 to 10,~0 ................. I~ 50 10,~ to" 12,~ ................. ~0 Hone ~. 12,~. Hone Hon~ Quali~/ing Income Over Not Over Married Unmarried 0 to $ 5,000 ................. $600 $500 $ 5,0O0 to 7,000500 400 7,000 to 8,000 400 300 8,000 to 9,000 ................. 300 200 9,000 to 10,000 ................. 200 100 10,000 to 12,000 ................. 100 None 12,000 None None = Persons who qualify for property tax ~reeze relief continue to be eligible for sue~ relief, but if they apply for homestead tax relief they ~orfelt all rights to any tzx freeze beneflt~ (Act 55, Y~aw~ 1974). ~ The amounts of qualifying Income In the table for the assegsmen~ year beginning O~tober 1, I.~80, will be adJuste~1 annually for Infl~tlon (Act 132. Laws I~; Act ~30 Laws 19~0; See. I~-170~). State Tax Guide Collrlec|icut ~I 20-292 TI19703873
Page 43: TI19703874
Ta~ frveze b~efi~ ~ m~t be deduced from ~e ~edit above (S~ 1~17~). ~ente~ o~ re~ or ~ mob~e h~e a~ entitled ~ a ~yment e~ual to ~m Rmo~nt ~ ~ed ~ ~e above ~le ~ ~ ~ ~e sum of aH ~har~ for rent and ati~fi~ paid the preceding year l~s 5~ ~ quailing m~me for the prec~ing ye~, whichever is l~s (Sec. 12-170e). In ~difion, m~icipalities are autho~zed to ~nt t~ relief to hom~te~ds of persons 65 ~ older (or whose spouse is 65 or old~), or persons ~ey are the surviving spou~ of ~ taxpayer qualified~or ~is re~ef at the time of death, provided that such relief, together with an7 t~ relief received under senio~ citize~ t~ freeze provisions or the state-wide senior citizens' t~ relief pravisions, may no~ ~ceed 75% o~ ~e tax which would, except for su~ relieL be due f~x the taxpayer (Sec. 12-129n). Qualified manufacturing facilities acqu~ed, constructed, substantiMly renovated, or expanded on or after July 1, 1~8, in a distressed municipali~ are exempt to the extent of ~% of their assessed value in the five full assess- m~t ye~s following ~e assessm~t year in which ~e acquisition, ~nstruc- tion, renovation, or expansion of ~e facility is completed. Machine~ ~d equipment installed or existing in any qualified manufacturing facility acq~red, constructed, or substantially renovated or expanded on or ~t~ July 1, 1978, in a distressed municipality is ~empt ~ the extent of ~% of its assessed value ~ the five full assessment years for which the manufacturing f~ili~ ~ wM~ it is installed qualifies for ~e abov.e exemption (Act 333, L~ws 1981; Sec. 1~81). Municipalities may exempt buildings equipped with solar heating or c~l- ing systems or buildings to which a solar ener~ heating or c~ling system .is added, to the e~eat the assessed value of the building so equip~d ~ce~s its value equipped with a conventional heating or c~ling system. ~e exemption applies to the first. 15 asse~ment years following construction and is allowed for const~ction be~n on or after October 1, 1976, but before Oct~ bet 1, 1~1 (S~. 12-81). Municipalities may exempt solar ener~ electricity generating systems in- stalled for private r~idential use ou or aft~ 0ct0~r 1, 19~, and ~ore October 1, 1~1, and nonresidential solar electricity generating and cogenera- tioa systems inmlled on ~ after july 1, 1~1, and before July 1, 1~1. The ~emptions apply to the first 15 assessm~t years follo~ng installation (Act 439, ~ws 1981 ; S~. 12-81). ... Municipalities may exempt real or personal prope~y leased to a charitable, religious or nonprofit or~nization, which is ~empt from fede~l income tax, ~e pro~ is used ~cl~ivdy for the pur~s~ of ~e or~ization (Sec. 1~81). Municipalities may exempt any new building cons~ted with, or any existing building that adds a pa~ive or hybrid solar ener~ system, to the ext~t that the assessed value of the property wi~ ~e systm exceeds assessed value of the prope~y without the system. The building must be constructed or the system added between April 20, 1977 and October 1, 1991. The ~emption applies to the first 15 assessment years following construction or addition of the system (Act ~, Laws 19~; Sec. i~81).. Municipalities may abate prope~y taxes on any residential dwelling occupied by the owner as the prima~ place o~ residence to the exten{ that the taxes ex~ed 8~ or more ~ total household income from any source for the preceding calendar year. The o~er must a~ee to reim.burse the municipality ~nn~i~t t 20-292 @ t~2, Co~tr~ TI1970r3874
Page 44: TI19703875
~ ~= Pro~r~ T~e~ 2069 for ~ ~nt o~ ~ a~, with i~ at ~ ~ y~ ~ ~ ~ ~ ~e~ e ~ t~der ~ ~e ~ ~ the d~th ~ t~ ~er (A~ ~, ~ 1981; S~. 12-1~). ~unici~iifi~ may drier ~sed ~e~me~ts in a rehabilitation ~ due to rehabiH~ti~ o~ prepay ~ ~ns~uction ~ mulfi~ily ~ housing ~ ~o~rafi~ housing (~c. 1~5~). Effective July 1, 1~, munici~lities that have des~at~ any ~a as an enterprise zone must fix assessments, on all real property in such zone ~at is improved during such desi~ation period. Such fixed ~sessments must be for a ~riod of Z years and must drier any increase in assessment attributable to such improvements (Act ~S, ~ws 1~1). [~20-~93] Basis~Real and personal property is assessed at present true and actual or ~air market value, b~ed on the uniform pere~tage of such actual valuation (Sees. 12-~, 1~71, 12~). Re~stered sailing vessels, barges engaged in interstate trade, and registered vessels which are actually tu- gged in ~oreign commerce are assessed at a valuation equal to their net eamin~ during ~e year ended on the 1st day of the preceding ~uly (Acts 20, 423, Laws 1981; ~c. 12-72). W~ter c~pany l~ds ~n~ or tak~ by ~ munidpal co~ora~on to ~umish a supply o~ water ~e a~sed at ~e av~ ass~sed valuation per acre of ~e ~proved fa~g l~d i~ su~ town (S~. 12-Z6). To ~e .~t ~a~ water ~wer is l~ed from its o~er it s~ll be ~s~s~ at a val~fion not ~ceeding ~e hundred-sev~s of the ~et rev~ue derived ~erefrom (See. 12-77). Real and ~n~ble personal pro~y of water; gas, electric and power companies is assessable in the town where located ~ ass~sment day (~ee. 12-80). Merchants ~d manufacturers are taxed on the basis o~ the average quantity of go~s kept on hand during the year prior to October 1, but this shall not apply to fixtu~s, etc., which are not for sale (~c. 1~$8). Special provisions are made for classification and ~ati~ of woodlands (Sees. 12-9~12-98), farm land (See. 12-107c), forest land (See. 12-107d), open space l~d (Sees. 12-107e, 12-107f), and shellfish lands (Sees. 2~7, 2~). Mobile hom~ are valu~ according to the e~t of the ori~nd un- improved land upon which they are situated, and all improvemen~ thereto (See. 12~3a). Each municipality must assess all prope~y ~or local tax pur- poses at a uniform rate ot 70% ot present true and ~ctual value (See. 12-62a). [[ ~294] ~tes.--Real prope~y and personal proper~ are taxed at a rate equalling the aggregate of all lawful levies. [~20-~9S] Period Covered~Aec~al.~Taxes are levied by each tow~ upon completion of the work of the Board o~ Tax Review and o~ the final assessment list (last business day in February) and are payable not later than 40 days prior to ~e end of the fiscal y~ for which ~e tax was levi~ (See. 12-122). [~0-~96] A~sessmmt Dare--The general assessment date with refe~ ence to which the t~ability of the ownership or possession of property and its valuation are determined, is October 1 preceding the year of the le~ (See. 1~). E~ch municipality has a uniform assessment date of Oct~er 1 (See. t~). Damaged buildin~ requiring r~on~tion ~11 be ~s~s~ as ~ the date demolition, r~oval and ~ding are complet~ (~c. 1, Act 21, L~ws ~). 8~teTax O~de Conne~cut ~ 20-296 TI 19703875
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[~ ~] Si ~ttts.mReal es~te atat tangible p~rsoaal pcoperty a~ ~bl~ h the ci~ or town whe~ ~ated (See. ~). [~ 20-298] A~ess~g O~dal~Ori~nal ass~sment is made by ~e town a~e~ .(S~. I~). [~ 2~299] Re~s~Returns are requir~ to be made ~ ~e ~ ~essors on or before N~embcr 1st annu~y shying the r~l and pcrs~al p~perty o~ ~e t~paycr owned on the assessment date (Sees. 12~0, [~ 20-300] Assessment, Rcvlsion and Appe~.~Assessments are made by the town assessors (See. 12-53) and equalized and revised by the Board o~ Tax Review (See. 12-111). The courts o~ common ple~ hear appeals ~rom ~e Boards o~ Tax Review (See. 12-115). Equalization as be~cen to~s is effectcd by the O~ce o~ Policy and Management, ~rom which an appeal may be taken to ire sup~ior c~rt o~ the county in which the ~pplic~t is l~ated (S~. 1~). [~20-391] Collection~The tax on realty becom~ a lien on the real ~tate taxed from the first day o~ October, or other assessment date, in the y~r previous to that ~n which such tax, or the first installment thereof, be~me due, until one year a~ter such tax or first installment became due. The lien may be continued by certificate (Sees. 12-172, 12-173). All taxes are payable to ~c Io~I tax collector (Sec. 12-115). Numb~ o~ instalments and due dates are ~ed by the appropriate body ot each municipality, provided the last ~nstallment shall b~ due and payable not later than 45 days before the end ot the fiscal year which the first installment shall be due and payable (See. 12-142). d~s not ~ceed ~I~, payment must be made ~ws 1981 ;Sec, 12-I~). So~.~Ret~ces are to Connecticut Gene~l Statut~ ot 195~ Title 12, ~ amended to date. Details arc reported in CC~ Co~Ic~T Tax RSPORT~R at ~ 20-0~. | 20-305 DELAWARE [720-306] Property Taxable.---All real property (land, buildings, im- provements and special betterments) is subject to taxation by the county in which located unless expressly exempt (See. 8101). Mobile homes in Delaware are taxable based on their value as rated in a nationally recognized appraisal guide (Tit. 14, Sec. 1930). [~[ 20-307] Exemptions.--The following property is exempt from taxation: (1) property of the United States, the state or any county or municipality of the state (Sec. 8103); (2) property of religious, educational, and charitable societies, not held for profit, including non-profit housing for elderly; (3) property of the Historlcal Soclet~r of Delaware and of the New Castle His- torical Society; (4) property of Relief Associations for Volunteer Firemen up to $25,000; (S) property of "/'. M. C. A., ¥. W. C. A., Salvation Army and other specific organizations; (6) burial lots and lands of cemeteries; (7) property of the Delaware Commission for the Bllnd, not for profit; (8) property used for soldiers' rest rooms; (9) property of college fraternities, to the value of $10,000; (10) property of certain veterans' ocganizafions (Sec. 8105); Connecticut Ii 20-297 © lg82, Commerce Clearing Hour, Ti 19703876
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[~20-312] Situs.--Real property-is assessed where located. Personal property is not taxed. [~ 20-313] Assessing Oi~cial.--The Board of Assessment in Kent and Sussex Counties and the Department-o~ Finance in New Castle County annually make assessments of property (Sees. 1310, 1311, 8301). The assess- ment of property in cities depends upon the charter provisions. Sta~ Tax Guide Delaware 11 20-313 Ti 19703877
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[~ 2G-314] Rehrrns.~Returns may be ~ ~ 30 ~ys ~t~ ~ fi~ ~ at ~y o~r time Rnd ~ fi~ with ~ ~ ~ A~e~m~t (S~. ~). [~315]: A~men~ ~visi~ ~d A~-~B~ o~ A~m~t ~ ~L~ ~ ~ve t~n days' notice d any incre~e ~ additional asse~mcn~ (See. ~22). In ~e Ci~ of Wilmin~on, ~e power ot asse~ment [or muni@al pu~es and o~ equalizing and he~ing appeMs ~ere~rom is vested in a Bo~d o~ ~sessmmt (S~. 7, Ch. 121, ~ws 1915). No supe~iso~ state commission ~ists for equaliza~on of ~s~ts be~een or within counties. A ta~yer dissatisfied with the decision of a Board of Assessment may appeal within 30 days to ~e Superior Cou~ o~ his county (Sec. 8313). [~ 20-316] Collecfion~The l~en for county taxes remains a lien for two years from July 1 of the year in which the tax was imposed (See. 8705). Tax~ are paid to the Receiver o~ Taxes and the County Treasurer in Kent and Sussex Counties and to the Depa~ment of Finance in New Castle Coun~ (Sees. 1310, 1313, 8421). T~es are due June 1 in Kent County. In Suss~ County taxes are due on May 1. In New Castle Coun~ t~es are due on July 1. Payments may be made in quarterly installments. The Receiver Taxes and C~n~ Treasurer of each county shall, a~ter September 30 annually, add to taxes yet unpaid a penalty o~ 1% per month until paid (Sees. 8~3, ~04). In the City of ~rilmington taxes are due during July and Au~st (Sec. 9, Ch. 314, Laws 1957). So,co--References are to Delaware Code, Title 9, as amended to date. Details reported in CCH D~AWA~Z TAx ~PORTm at ~ 20-~. ~ 20-317 Public Utilities Special Provisions.--While railroads pay various special taxes which are ordinarily in lieu of all general property taxes on operating property, non- operating property o~ railroads and all property of other utilities are taxed in the same manner as property o[ taxpayers in general. | 20-320 DISTRICT OF COLUMBIA [~[ 20-321] Property Taxable.MAll real and personal property is subject to taxation unless expressly exempt (See. 4Z-501). Real and personal prop- erty of financial institutions is taxable (Act 3-217, Laws 1980; Sees. 47-171Z 47-1716). [g 20-322] Exemptions.--The following real preperty is exempt ~rom taxation (See. 47-801a) : (1) property belonging to the United States and the District of Columbia; (2) (4) (6) (7) Delaware property belonging to foreign governments and used for legation purposes; property belonging to the Commonwealth of the Philippines and used for government purposes; certain nonprofit art gallery, library, and hospital buildings and grounds; property of certain nonprofit rcligious, charitable or educational institutions, including pastoral residences; nonprofit cemeteries dedicated to m~d used solely for burial purposes, including buildings ~nd structures usual to the operation; buildings used for theater, music or dance purposes and owned by nonprofit corporations, if open to the public; ~[ 20-31 4 © 1982, Commerce Clearing House, ~ T! 197O3878
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(8) property of specified n~ona~ soeietles (S~s. ~-I~7); (9) p~perW ow~ by ~e D. ~ Redevelopment ~d A~ncy. The ~o~ow~n~ person~ p~per~ ~ ~empt ~m ~on: (I) p~pe~ o~ all Hbr~, b~len~, cha~tabl~ and s~e~ ~io~ not ~nduc~d ~or private p~fit; (2) lib~r]~ schoolboo~ wearln~ appall, and all I~ily port~i~; (3) household and other belon~ngs~ not held for sale, and no{ used in a t~de or business (~ncludlng boats) lo~ted in any dwell~ng-house; (4) re~stered motor vehicles and tractors not ~art of z dealer~ s~ock ~n irade; (S) works of art, o~ed by a nonr~ident of the United States who is not citizen o~ the United States, lent without charge to ~e T~stees of National Gallery of Ar~ ~]~[y for exhibition without charge to the general public (S~. (6) ~n~ble ~ersonal ~ro~y stored ~n transi~ (See. 47-1Z~); (7) yes'Is, ships or boats on which a tax has been p~d elsewhere (Se~ (8) ~nt~ble perso~l prope~ has not been ~ed sin~ 1939 (D. C. R~enue Act o~ The t~ o~ business invent~ was repealed ~uly 1, 19~4 (See. A ~9,~ deduction from ~e estimated m~rket value of improved re~iden- ~i~ real pr~e~y ~ allowed if the prope~y is o~upied by the owner, contains n~ more ~an SdwH~ng units or is a sidle dwe~ing ~t owned as a cond~ m~nium, ~d is used exclusively for non-transient resident~ dwelling pu~os~. ~ deduction f~m the estimat~ market value of res~denti~ real pr~erty owned by ~ co~e~tive housing association is allowed equal to lS~ of the estimated market" value, but not to exceed ~9,~ multiplied by the n~ber of dwelling units that are ~cupied by the shar~olders or membe~ of the association (S~. ~ual~fied owners of residential realty whose combined household jus~ed gross income does not exceed ~0,~ per year may apply for. defe~l each year of residential real~ ~ ~ed in excess o~ 110~ o~ ~e pr~ed~ng y~s ~x (See. 4~-~SS). ~uzli~ed t~payers wh~e combined household j~sted ~oss income is over ~0,~ and who o~ resid~fi~l realty may de~er t~e amount o~ real~ tax attributable to .an ~ner~e bymore ~an 2S~ per y~r over the a~essment for the preyious fiscal year (See. [~ 2~523] ~Pr~e~ ~s clarified ~ follows : Cl~ O~mproved ~sidenti~ r~l pr~e~y which is owned by a e~perative h~s~ng ass~ati~ i~ at least S0~ of the ~its are ~eupied by membe~ or sh~eholde~ or which is ~cupied by the owner, contains not more ~an S dwelling units or is s~gle-unit ~ndominium ~d is used exclus~vel~ ~or nontransient dwelling pu~oses. C~ ~o ~im~ed residential real pr~e~y wh~ is ~ned by ~ ~e~t~ve housing ass~iRt~on if .le~s ~n S0~ of the units are ~cupied by members or ~h~eholde~ or which is not ~cupied by the o~er, c~t~ins not more than S dwelling units or is ~ s~ngl~unit condominium and is used exel~]~ly ~ nontransient dwelling purples. Cl~ T~r~ll other real prop~y (Se~ 4~-~2a). All r~l p~y sub]ee~ t~ ~ati~ is required be as~ssed ~t i~ estlm~t~ ~ket value (Sees. 4~22, 4~-~). ~ll pers~l property subj~ to ~xa~on is ass~sed a~ full ~d true v~ue i~ money 47-1~2). ~n d~i~at~ h~stoHe ~ope~y, in addition~ ~ being ~s~s~ at full m~ket ~a~ue, is assessed on ~e b~is of current u~ and, ~f less than full market v~ue, is ~ed ~ such ~t ~e (S~. TI197'03~79
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[~[ 20-324] Rates.---The rate of tax o~ real and tangible personal pcoperty in the District shall be in such an ~amotmt as will, when added to the other revenues of the District, produce enough money to pay promptly necessary appropriations (See,. 47-501). The personal property tax rate is ,~3.10 per ~100 of assessed valuation. For the fiscal year beginning July 1, 19~1, the rates for real proper .ty are $1.22 ~or each $100 of assessed value for Class One ~roperty, $1.54 per $100 for Class Two, and $2.13 per $100 for Class Three Law 4-51, I~ws 1981; Law 3-92, Law 3-136, Laws 1980; Sec. 47-501). [~[ 20-325] Period Covered~A¢crual,--T, he taxes are levied for each and every fiscal year ending 3une 30 (Sees. 47-101, 47-501). [~ 20-326] Assessment Date.--The assessed value of all real property is the estimated market value of the property as of January 1 of the year preceding the tax year. Realty must be assessed at least once every two years, except that for fiscal 1978 and t_hereafter all realty is assessed annually (See. 47-641). New buildings under roof prior to January 1 shall be added to the llst (See. 47-711). Personal property shall be valued as of July 1 (See. 47-1206). Railroad rolling stock primarily located in the District is reported and taxed at its full and true value on the last day of the calendar year (See. 47-1215). [~20-327] Situs.--Real property is assessed where located. Personal property in the District shall be subject to taxation (Sees. 47-631, 47-643, 47-1202). [~[20-328] Assessing O~cial.a--The Commissioner of the District of Columbia assesses all real property (See. 47-642). [~ 20-329] Rcturns.--No returns are required to be filed for real property but every person liable for a tax on personal property shall file a return in July annually (See. 47-1206). [~[ 20-330] Assessment, Revision and Appeal.2~The board of assistant assessors from actual view and the best sources of information available shall determine the value of each separate tract or lot of real property (See. 47-70~). On or before April 15 of each year taxpayers may appeal their assessment for the forthcomin~ fiscal year. Assessments are equalized by the Board of Equalization and Review. Aggrieved taxpayers may appeal an assessment, classification, valuation or equalization to the Tax Division of the Superior Court Wlthirf six months of October 1 of the year in which made (Act 2-268, Laws 1978; Sec. 47-646). Appeal from the Tax Division lies to the Supreme Court of the District of Columbia (See. 47-2403), decisions of which are reviewable by the courts (See. 47-2404). [~[20-331] Collection.~Realty taxes are payable in two equal install- ments, the first on or before September 15 and the second on or before March 31.z Personal property taxes are due at the time o$ filing the return (See. ~ For tax year~ beginning ~uly ~, IS~O, and ~er~, ~ multl-~il~ ~Id~ e~ whlch ~n~n~ mo~ ~ 5 dwelling unl~ ~d Is us~ ~Ively for non-~lent dwell~g p~pos~ w~ ~e cl~ifled ~ Class ~o property (~. 4V~). • The F~ce 0~ vslues ~I real ~ ~d ta~ble ~glble ~rson~ pro~e~y m~t p~s~. ~e ~ o~c~ ~ eh~rm~ ~d two mo~ qu~fl~ o~cla~ o~ ~e ~n~e O~ ~n~Itut¢ a ~ o~ equation ~d review for re~ ~te ~s~m~ts. 0rg~z~tlo~ Ord~ No. ~, Bo~ o~ ~mmi~loners, D. C., D~m~r ~, ~ ~vlslons r~ulring the ~aymen~ of ~. ~n one i~tallment, on Sept~ber I~ If the amount of ~ ~ue Is ~,~ ~ more (~ 4V-~) h~ b~ held ~tltu~on~ (A~t O~ B~[di~g As~t{~ o/M~opol~t~ W~R~gt~, Su~rlor ~ of ~e District of ~ptem~er 14, ~). ~str]ct o~ ~[umbi~ ~ 20-32~ ~ 1982, Co~erce Cle~ng House, ~c, TI19703880
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~ ~-~ l~rop~r T~x~--~ori~ 2075 .47-1~9). ,Own~ ~ ~y ~i=g ho~ ~~ ~e h~ ~y p~ ~r ~ ~ four ~ ~smllm.~ durin~ Se~b~, D~ember, Ma~h ~d J~e (Sec. 47-~1). ~ 2~33,2 : ~blic Utilities SpeMal Pro~ions~Gross receipts t~es a~ imposed ~pon gas, electric fighting, ~Iep~oae and street rail~o~ companies in lieu of personal property ~x~, but in addition,to re~l estate taxes. Otherwise, utility property is s~b- ject to general pmpe~y t~es the same as that of other co, poTations. ~1 20-335 FLORIDA [~20~36], l~roperty Taxable.=-All proper~r, is .assessed, whether the property is taxable, w.holly or partially exempt or subject ~o classification reflecting" a value less than its just value (See. 192.022). Governme6tal leaseholds o~: undeveloped property or property predomi- r~antly used for a residential or commercial purpose and upon which rental payrne.nts'i~re due in cohsideration of such leasehold estates are taxed only as int'angible, p~rsonal property. If no 'rental payments ape due pursuant to the agreement creating the leasehold estate, the leasehold estate will be taxed as real property (Ch. 368, Laws 1980; Sees. 196.199, 199.072).. [.~20-337] Exemptions.--The following prope~-ty is exempt from taxation: (1) all real and personal property of the ~Jnlted States and of this state except • such property of the United States as it permits the state to tax; public property of local governmental divisions used or intended for public lmr~oses; (2) property of educational, literary, benevolent, ftaternaJ, charitab, le and scien- tific institutions (exemption not applicable to special assessments by mu- nicipalities) provided that,not more than 75% of the floor space.of such buildings is rented and the profits of such buildings are used for ihc pur- poses of such institutions" (nonprofit hospitals licensed by the state board of health which are exempt from U. S. income taxes and homes for the aged owned and operated by nonprofit l~lo~ida.corp0rations ace not subject to 75% limitation) ; (3) property of public libraries used and occupied solely for that purpose; prop- . erty of agricultural societies used exclusively for the meetings or exhibits of such societies; real property ~wned and used by medical societies for edu~.tional, scientific, fraternal, benevolent purposes identified with orga- nized medicine; bridges and approaches owned by n.eighboring states; (4) property to the value of not less than $500 to every wido~r,~ blind or dis- abled person; property of the women's club of Florida; property of chapters of national college fraternities and sororities; property owned.and operated by nonprofit organizations of ex-servicemcn; real property of national or international labor organizations used exclusively by them 'as mdetlng or training halls or for educational pui-poses (Art. VII, Sec. 3, l~la. Const.; Sec. 196.191); ..... (S) houses of publi~ worship, lots on which they are located, personal property therein, parsonages, burial grounds owned by cburches and other such property, not rented or hired out for other than religious or educational purposes (S¢cs. 196.011, 196.19~3); (6) homesteads ul~ to the value of $15,000 of assessed valnktion for 1980 assess- ments, $20,000 for 1981 assessments and $25,000 for 1982 assessmen~ and • thereafter. (applicable to all a~hssments except sch6ol districts) (Ch. 274, Laws 1980; 1st Sp. Sess., S. B. 4, 2nd Sp. Scs~., See. 6, Art. VII, ~la. Const.); the exemption is $I0,000 of assessed value fx~r taxes levied by counties, cities and special districts for persons 65 or older who have ~ The property tax exemption ~or widows does not discrlm.lnate sgaltml~ widowers and Is not u~constitutionaL Kahn "o. Bheb~, U. S. Supreme Court, April 24, 1974. State T~= Guide Florida, ~/20-337 TI19703881
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2O76 been p~ma~ent re.sicl~nts o~ ]~'lorida [or five ~r~ p~.or to_~[n~ s~ed ~lu~ ~r t~ ]e~ by c~, ci~ and spe~l di.st~ ~r a pcr~ who h~ bc~ a ~sldcnt for 5 con~ecu~i~ ~ p~ the ~oa (Se~ 19~1); ~e ~t~ ~ m~se~ t~ ~,~ ~ess~ ~ for ~ [~ed by school dzstncts [or a person who has been a res]den.t [~ 5 consecutive yeRrs ~ior to cta~m~ng ~e ~cmption (Sec. 19~031). Hou~hold g~s and perso~l eff~ts o[ r~[dent~ ~Sec~ 196.I81). Homestead o~ a quadHple~c (Sec. 196.101). Homesteaas totally and permanently disabled persons who have resided in Florlda ior 5 ~s~c~fiw y~ars and have household g~ss in~m~ not over ~8,2~ (Scc. 196.101). Property to the value o[ ~500 of widows, blind persons or totally and permanently disabled persons who are Florida residents 196.202) ; (7) motor vehicl~, boats, airp]anes, trailers, tra[Ic~ c~es ~d mob[Ic homes sub~cct to a license t~ (Art. VII, Scc. 1, FIR. Const.); (8) real estate owned and used as a homestead by a totally disabled veteran confined to a wheelchair who ~s been a permanent rcs~den~ [or not Ices than 5 consecutive years prior to claiming the exemption, or his widow if the homestead was held ~s an estate by the entlre~, but only until she remarries or sdls the property (~. 219, ~ws 1981; Sccs. 196.081, 196.091); (9) certain proper~ o~ hospitals, nursing homes and homes for special ser~ccs; in addition, homes for the ~cd arc ~empt to the extent residency limited to low in,me senior citizens and disabled p~sons and the applicant is a Florida nonprofit corporation; ~ternativcly, property not qu~Hfied the a~ve ~ption, may qualify ~or a $5,~ or $10,0~ exemption ~rom assessed ~lue [or each unlt or apartment of permanent homes for the aged owned and operated by a Florida nonprofit co~omtlon (Sees. 196.197, 196.1975) ; (10) educational institutions in Florida and their property used for educational purposes; use o[ property by public /airs and exposit~ons (See. 196.198); community centers owned and operated by private, nonprofit organiza- tions (Ch. 253, Laws 1980; Sec. 19~1986); certaiR property owned by govermncntal units (See. 196.199); (11) property o[ a water or sewer company owned or operated by a nonprofit Florida corporation ~.[t pc~orms a public purpose (Sec. 196.200) ; (12) goods-ln-transit (Sees. 192.032, 19~.182); (13) real property owned by a IRbor organization and used by it predominantly lot educational p~rposes (Sec. 196.1985) ; (14) household goods and personal effects (See. 193,011). (15) improved real property upon which a renewable energy source device is stalled and operated equal to the lesser o~ (I) the assessed value of the real property less any other applicablc property tax exemptions; (2) the orlghml cost o[ the device; or (3) 8% ol the propc~y~s assessed value immcdiat~y £ollowing installation (Ch, 80-163, Laws 1980; Sec. 196.175). (16) all items o~ inventory (Ch. 308, Laws 1981; Sec. 196.185). Persons entitled to claim the homestead tax exemption may defer pay- ment of a portion o[ the property taxes levied on their homestead. The amount deferred is that portion o~ taxes exceeding 5~ of the applicant's household income. (Perks entitled to the increased homestead exemption may de[er ~at portion o£ the taxes which exceeds 3~ of the applicant's household income.) Interest is imposed on the amount of taxes de~err~ (Scc. 197.0165). State banks, trust companics, Morris plan banks and credit unions have thc same immunity from state and Ioc~ taxation as national banks or fed- erally chartered credit unions have under ~ederal law (Sec. 213.12). Counties and cities are authorized to grant 10-year economic development t~ exemptions to new businesses and ~pans[ons of existing b~[nesses, if proved by the voters (Scc. 196.1~5 ; Art. VII, 5cc. 3, Fla. Const.). [~20-338] Basls.--All real estate and personal property is required to bc assessed at its full cash value (See. 193.011). Counties, school districts Rorido ~ 20-338 ~ 1982, Co~erce Cl~ng House, In~ Ti 1970~
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~ifies shall, and spedal distr~ts may~ be a~thorized t~ le~ ~ ~m eH~ate or ~u~ wat~ ~ a~ ~u~on ~e ~sid~ ~ have ~ a~e~m~ ~s n~ ~ter than thei~ m~ value ~ salv~ ,(S~. 193.~). ~s~ ren~t~s t~ ~blic ~Id~gs to ma~ ~ acce~ible ~ ~e hand~pp~ a~ ~se~ed at sd~ v~lue (S~. 193.~3). ~icultuml land m~y be a~s~sed b~ed ~lely oR ~ a~icult~al use (See. 193.~I). Envi~n- mental~ endan~red land and land used ~or outd~r r~ational or park pu~oses arc eliglble ~or prd~renfial p~perty tax assessment (Sec. 193,501). [~20-~39] Rates.~Real and tangible personal prope~ is taxed at a rate equal to the aggre~te ot all lawful levi~. ~ere is no ~tate levy on real estate or tangible ~rsonal pr~er~ (Art. VII, See. 1, Fla. Const.). [~ 20~40] Period Covered~Aeeru~W~le ~e ~m~tes do not ~pr~sly provide wh~t year ~y t~ payments cover, it is clear from ~e statutes as whble that ~e taxes are for the calendar year during which the return and assessment are made. [~ 2~341] '.:Assessment Date.~T~es are assessed a~nst real ~d s~l pr~erty ~ ~f Janua~ 1 ~nually, exc~e ~s~et~ work in pr~s will have no valne plied on it until substan.6~ly complied (Ch. 308, Laws ~ 2~342] Sims.~l property is assessed according to its slt~ as ~ol- lows: (1) real 9rop¢~y, in ~e co~ or ~ing jurisdiction ~ whi~ l~ated; (2) tan~ble p~sonal prope~y, in the county in which pe~tly located and in the t~ing jurisdiction in which it may be l~ted on ]anua~ 1 ; (3) live-ab~rd vessels in the e~n~ a~ ~ing ju~etion ~ wh~ ~t~s it is l~t~; and (4) in~ble per~nal pr~, s~ ~34Z7. Tan~ble personal pr~e~y brou~t into Florida after Janua~ 1 ~d before ApHl 1 is considered to h~ve been in the state on Jaau~ 1 and is t~able if the assess~ has reach to believe that the prope~y will be removed ~m ~orida prior to Janua~ 1 of ~e [ollowing year (~. 3~, ~ws 1~1 ; ~c. ~9z.032). [~ 20-343] A~s~ing O~clal~The ~W p~ app~ ~s~s~ pro~y (~cs. 192.~I, 192.022). [~ 20-344] Re~mn.~All returns shall be filed according to the ~dlow- ing schedule: (a) tan~ble p~sonal p~perty, April 1 ; (b) inventor, April 1 ; (e) r~l prope~y, when required by specific provision ~ general law; (d) rail- road, ~il~d terminal, private car, a~d freight line and equipment company ~ro~y, April 1 ; and (e) returns not otherwise ~ecified ia the gene~l law, [~20-345] Assessment, Revision ~d Appeal. "The Pro~rty App~isal Adjustment Board ~or ~ch county hears complaints against individual ~s~s- m~ and classifications and adjus~ t~ rolls (~. ~@, ~ws 1989, 1st Sp. Sess. ; See. 194.032). Appeal from its findings is made directly to the appr~ priate ci~it court (Secs. 194.032, 194.171; A~. V, See. 6, Fla. Const.). Beginning ~th the 1982 ~sessm~t rolls, the Division of Ad Valorem Tax will conduct an in-d~th ~view o~ the ass~ment rolls of each no l~s ~equently than once every ~wo years (Ch. 274, Laws 1980, 1st Sp. Sess. ; See. 195.0~). S~te ~ G~ Florida ~ 20-345 TI 19703883
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[~ ~-3¢6] Collee.~_R.---All taxes are a fn-st lien oa ~.ny ~ ~mt which ~ey have bee~ ~essed ~d ~ lien sh~ ~nt~ue in full fo~ and ~ect until ~cha~ ~ p~yment or b~ by l~w (Se~. 1~.053, 1~.056). ~ t~s ~e ~d ~ ~e ~anty t~ collectors, and all ~ are due N~b~ 1, ~mu~lly, or ~ s~a ~f~r ~ ~e as~s~eat nil may .come ~to the h~ds of the t~ collector. T~es ~e d~nquent on A~I 1, foR~ing ~e ye~ in which they arc ~sed. Disco~tg f~ early payment ~e f~Hows: November 4%, December 3~, J~ 2%, Feb~ 1~, Mamh, no • ~ount (See. 197.012). Taxes on reM pmper~ may be pr~aid ia installmen~ if the tax rell will not be ce~ified for ~ell~tion prior to Janua~ 1. The installments are based u~n an estimated tax, equal to the actual taxes levied upon the pr~er~ i,n th~ prior year. One-fourth of ~e estimated tax is dye by June 30 of the year xn which the t~es are assessed and a 6% disco~t is allowed; f~rth is due by September 30 and a 4~ discou.nt is allowed; one-fourth of ~tim~ted ~es plus one-half of any adjustment for actuat liability is due by December 31 and a 3% discount is allowed; and on,rough of estimated taxes plus one-half of any adjustment for actual liability is due by March 31 and no discount is allowed (See. 197.013). Sober--References ~e to Florida Statutes as amended to date. Details are repotted in CCH F~DA TAX ~PORT~ at ~ ~-~. ~ 20-3~7 [nt0n~ibte Persona[ PmperW 7~x [~ 20-347.1] In~bles Taxablc~-Intangiblc personal proper~ is defined as all personal property which is not in itself intrinsically valuable but which derives its chief vklue from that which it represents. The following intan~bles are subject to taxation unl6ss ~pressly exempt (See. 199.023) : (1) All stocks, ~ shares of incorporated or uninco~omted complies, bu~ne~ trusts and mutual f~ds. (2) All beneficial interests of residents in trusts. (3) Notes, bonds and other obligations for the pa~cnt of money. (4) All condminium and cooperative apar~ent leases of recreation facilities, l~d leases and leases of o~cr commonly used facilities. Governmental lcaseholds of undeveloped property or propc~y pred~i- nantly used for a residential or commercial pu~se and upon which renal payments are due in consideration of such leasehold estate arc ~xed only int~giblc personal prope~y. If no rental payments are due pursuant to the a~e~ent creating the leasehold estate, the leasehold estate will be ~ed as real property (Ch. 358, Laws 1980; Sees. 195.199, 1~.072). [~ 20-347.2] Exempfions.~The following intan#ble personal prope~ ~cmpt from t~ation: (1) bonds of the United Stat~ and its agendes; (2) bonds of mu~clpMities, counties and other t~ing districts of the state; (3) property owned by Ithe state or any political subd[vislon or municipalit~ thereof; (4) property owned by nonprofit religious, educational or ch~itable instltuHons; (5) franchises, partnership interest; (6) intangibles held in trust pursuant to any employee welfare ot b~efit plan qualified under Sec. 401 of the Internal Revenue Code; (7) notes, bonds and other obligations sec~cd by mort~ge, deed or ernst or other liens on realty situated outside Florida upon whick a documcnta~ or rccordMg tax has been paid in the jurisdiction where the realty located; E[oHda ~ 20-3A6 ~ 1982, Co~erce Clc~g House, Ti1970"~
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---
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s~le, Ieasin~ or se~-vidng o~ ~I ~ pe~ p~pe~ in ~o~ a~ ~able. ~s appH~ ~ ~rsc~s rep~ent~nff bns~s int~ in ~ida ~at may claim a dom~dle e~ewhe~ (See. 1~.112). [~-~7.8] Assess~g O~d~.--l~ble pe~onal p~p~ subject to an annu~ ~ is assessed by the De~rtment o~ Revenue (Sec. I~.I03). [~ 20-347.9] Re~rns~Eve~ ~rs~, fi~ or cor~rati~ in the state o~ing or havinff c~ntrol, m~nagement, or c~dv of in~n~ble verso~ prop~y sub~ect to ~nual t~at~on is ~uir~ ~o file a return w~th the D+ payment on or bd~e June 30 annually. This ~o~sion appli~ to ~y person, regardless of d~lcHe, who ~s or h~ management, cust~y ~ control ~n~n~ble pro~r~ ~at has acquired a bus~n~s situs {n the state. No ~yer subject to the annual ~x shall be req~red to ~e a return or pay a ~f the aggregate annual t~ is l~s ~an $5. Agen~ts ~d fiduc~ari~ m~t re~ for each person for whom ~ey hold intan~bI~ if ~e ag~egate annual t~ on each person is more than $S. All pers~s ~c~ing residents of the state on or hef~e January I o~ any year are ~xable and must file a return (Ch. Laws 1981 ; Sees. I~.023, 1~.052). A~Itat~ ~oups o~ corporations may consol~da-ted re,ms (See. I~.052). Banking organlzati~s claiming ~e ~nter~fional banking transac~ ex~pti~ must file a r~rn regardle~ the organization's tax liability (Ch. 179, Laws 1981 ;Sec. I~.052). On or be- fore Apr~1 1 compani~, c~afio~ and fin~c~al insfi~ons qualified ~ do busies in Fl~da, ~d all re~stered s~udty brokers, mu~ file ~nformat~ r~o~s with the Departm~t (See. 1~.~2). [~20-347.10] Assessment, Revision ~d Appe~T~payers aggrieved by any action ot the Department may request a conference with the Dep~t- ment within 30 days alter issuance of a written notice of the action. The Department's determination may be reviewed, w~th~n the time and manner provided in the Florida appellate rules, in e~ther the circuit court of Leon County or the ~udicial c~rcu~t d Florida ~n which the residence or place of b~iness of the t~payer is l~ated (See. I~.~2). [~ 2~348] Co~ection.~Annual t~ are due and payable so ~ to be ceived by the Department by June 30 annually, are delinquent on July 1 and must accompany the return. Discounts for early payments are as ~ollo~: 4~ for payment ~n February, ~arch and April; 2~ for payment in May; and no d~scount for payments made in June. Taxes on notes, bonds and other obfi~t~ons for payment of money secured by mo~gage, deed of trust or other lien on realty in Florida are due when the instrument is recorded or sought to be enforced (See. I~.~2). So~ce~References ~ to the FIoMda Statut~ ~ ~ended to date. Details report~ ~n CCH FLORIDA TAx REe0~ER at ~ ~ 20-349 Public Utilities Railroads and Tele~aph L~es.~Eve~ ~ilroad, street railroad, sleeping or parlor car company must, on or before the first ~onday in April, repo~ to ~e Department of~evenue their personal property and total length and value of main track, branch, switch and spur track, s~de track, lots or pa~s of lots not leased or rented and terminal facilities in ~orida as of Janua~ 1 (See. 195.5~I). On or before the first Monday in March railroads must rcpo~ other lands owned or held in Florida to the county assessor of taxes (See. 19~.281). Telegraph line companies in Florida must file returns and are assessed as is provided for railroads (See. 195.551). The Department assesses RorM~ ~ 20-34~.8 ~ 198z. Commerce Cle~ng House, Inc. TI19703886
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2081 t~e .l~operty .of such companies and notifies the cottaty assessors of the number of m~Aes of track and vaht¢ tbere~ in each taxing d;tstrict (Se~s. 193.531, 193.561). ia CCH | 20-349.1 Mineral Property Sped~l Provisions.--Minera], oil or o~er sub-sudace rights in realty which has been sold or otherwise transferred, or acquired by reservation, are treated as an interest in realty subject to taxation selaarate and apart from .the fee or ownership of the fee or other interest in the fee (See., 193.481). Source~-References a~e to Florida Statutes, as amcmdext to date. Details ar~ reported in CCH FLommA TAx IZs~oarlm at ~[ 20-000. | 20-350 GEORGIA [~ 20-351] Property Taxable.--Al[ real and personal property owned by individuals or corporations, resident or nonresident, is liable for taxation unless expressly exempt (See. 91A-1002). [~ 20-352] Exemptions.--The following p~operty is exempt from taxation: (I) all public property; places of religious worship or burial; non-income-pro- ducing single family residences owned by religious groups; all institutions of purely public charity; nonprofit hospitals (See. 91A-1102); (2) all buildings erected for and used as a college, incorporated academy or other seminary of learning open to the general public; all funds or property held or. used as endowment by colleges, nonprofit lmspitals, incorporated academies, or other seminaries of learning when not invested in real estate (Sec. 91A-1102); (3) the real and personal property of any publlc.library or any literary associa- • fion in connection therewith; all hooks, philosbphlcal apparatus, paintings and statutory of any.company or association', kept in a public hall and not held as merchandise for sale or gain (Sec. 91A-1102) ; (4) farm products grown in the state and remaining in the hands of the pro- duce.r, but not longer than the year after their prodtrctior~ (See. 91A-110g); (5) driver educational motor vehi61es (see al~o '~20-364) (See. 91A-1903); (6) coaunercial fertilizer where the land upon which it is used has beet~ returned for taxation (See. 91A-1103) ; (7) personal clothing and effects, houseahold furniture, furnishings, equipment, appliances, and other personal property used withiu the home if not held for sale or rental; tools and implements 6f t~ad~ of manual laborers and all domestic animals up to $300 in actual value (See. 91A-I130); (8) property designed to eliminate or reduce air or water pollutlon (See. 91A-1102); (9) homesteads to the amount of $2,000 (See. 91A-1110); (10) home~tead.s of persons 65 or older to the amount of $4,000 if owned and occupied as their residence and if their net income (excluding federal old-age, survivor or disability benefits except those ia excess of maximums .authorized to be paid), together with that of their spouse, does not exceed $8,000 for the preceding taxable year; homesteads of resident disabled veterans, or their unremarHed surviving widows or minor children to the amotmt of $25,.000; vehicles of residen¢ disabled vete-ratts. (Act 817, Laws 1981; Act'.IS3, Laws 1980; para. IV, Sec. I, Art. VII, Ca. Coast.); (11) up. to $.10,000 of assessed value of homesteads of persons 62 or older resid- ing m an independent school district or county school district if their armuzl gross income is under ~000 (Act 817, Laws 1981; Act 183, Laws 1980; Sec. 91A-1117); (12) ,harvested .agricultural products having~ planting-to-harvest cycle of 12 months or less, which are customarily cured and Rged for a period over one year after harvesting and before manufacturing and which are held in Georgia ~1 20-352 State Tax Guide TI19703887
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(13) property of no.proOf homes ~ the aged used ia connect~o~ with thor ~era~ ~ ~hey a~ qu~ as ex~pt ~~ ~n~er Se~ 501 (c),(3) ~ t~c l~tern~ Revenue ~de and G~ in~ t~ p~i~ (Sec ~IA-11~); (14) coun~es ~ municipali~ ~y ex~pt the ~[ue ~ qualified solar hea~g or cooling systems, incl~i~g machlne~ and eq~pmeu~ directly used in ~e manu~actu~ o~ such he~tmg or ~1i~ systems (this ~pfion is rep~ July I, 1985) (~. IV, ~c. I, Art. VII, ~ C~S~). Forei~ prop~ in transit, which arrives in a po~ o~ ent~, may not be t~ed by the political subdivision wherein the ori~nal port of ent~ is located. There is no tax situs by reason o~ the property- being held in a warehouse where i~ is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeted, or repa~aged (See. 91A-10~). Counties and municipalities ~re authorized to exempt invento~ o~ finished goods which, on Janua~ 1, were stored in a warehouse and were at that time destined for ~ansshipment to a destination outside Georgia (Para. III, See. 1, Art. VIII, Ga..Const.). Beginning in 1~2, persons age 62 or older with a household ~oss income o~ less than $1S,000 may defer all or a part o~ the t~es on the first $~0,~ o~ ~sessed value o~ a homest~d (Act I399, Laws 1980; Sees. 91A-2~3, 91A-~04). [~20-353] Basis.---All property shall be assessed at 40% o[ its fair market value (See. 91A-1019). 20-354] Rates.--The rate is the aggregate of all lawful levies. [~[ 20-355] Period Covered~Accrual.--Taxes are for the calendar year in which assessed, unless the county has a fiscal year in which case they are for the fiscal year. [I[ 20-356] Assessment Date.--The return shall be for property" held and subject to taxation on January 1 (See. 91A-1008). [~[ 20-357] Situs.--In general, real property is taxed where located and returned to the county where located. Personal property is taxed in the county where the owner is domiciled (See. 91A-1010). All real and personal property of nonresidents is taxed in the county where located (See. 91A-1009). Business tangible personal property is taxed in the county where the business is located (See. 91A-I012). All taxable lands are returned to the county where the land lies (See. 91A-I011). [~ 20-358] Assessing Official.wThe tax commissioners and tax receivers, in receiving the return of property, are the primary assessing officials. County board.s o.f tax assessors may revise or add to the digests submitted by the tax commlsstoners and tax receivers (Sees. 91A-1405, 91A-1431). [~20-359] Returns.--Real property of a resident is returnable to the tax Commissioner or tax receiver of the county where the property is located. Personal property is returned to the tax commissioner or tax receiver of the county where the individual resides (See. 91A-1010). Persons who conduct a business enterprise upon real property not taxable in the county of residence Georgia ~ 20-353 © 1982, Commerce Clearing House, Inc. TI19703888
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~a" locat;..oa of s person's ofee m~t ~rn f~ ~fi~ ~e ~ble p~ the ~ p~pe~ is ~le. A~n~ o~ non~id~ re~rn ~p~ ~ no~idents (Sec. 9IA-1012). T~able lands must be re~med by ~e o'~ ~. the t~ commissi~ or ~ r~eiver of ~e county whe~ ~e lan~ ~es (S~. 91A-1011). ~e b~ks of ~e t~ commissioner or ~ receiver for re~rn of are open betw~ ~anuary 1 and April 1, exit in ~e following counties: Bu~g ]~nua~ 1 to Feb~.a~ ~; Cha~am and Mascogee, March 1 to March 31 ; "Br~ks, Oarke, C01qui~, and Gwi~ae~, ~anm~ 1 to Mar~ 1 ; and McDu~e, Jan~a~ 2 to Febru~ 15 (~t 817, La~ 1981; Sec. 91A-1013). [~ ~-~59.1] Ass~sm~t, R~ision ~d Appeal.~T~pay~s may app~l ~rom an assessment by the county bo~rd of assesso~ to the coun~ board of equalization on ma~ers of t~bili~, uniformity of assessment and valuation. Decisiohs of the county board of equalization are to the superior court of the coun~ in which:the prope~ lles (Sec. 91A-1~9). [~20-~60] 'Co~ecfion.--T~es are paid by ~e owner of the pro~y, if ~own. If the owner is not known, the taxes ~e charged against the spedfic prope~. -Life tenants and those owning ~d enjoying the prope~y ~e charged with the taxes on the property (Sec. 91A-1021). Taxes due the state or any county are due before December 20 (Sec. 91A-1349). Counties and citi~ are authorlze~ to provide for payment of taxes on ~gible property in ~o instalments, other ~ motor vehicles. If installment payments ~iowed, ~e due ~tes ~e September I ~d December 20 (Sec. 91A-1~). ~o~eferences are to Geor~a Code of 1978, as amended rep~ed in CCH G~RGIA TAX'~R~g at ~ 2~. ~ 20-361 Intangible Personal Prope~ Tax to t~stion ualess ~pressly exempt: (1) money; (3) stocks; (#) bonds and ~e~nt~ of all corporations; (S) accounts receiw~le ~d ~otes no~ represen~ng cr~i~ se~ure~ by real estate; (6) lon~-te~ an~ sh~-te~ not~s secured by r~l estste; ..... (2) ~sten~, c~p~ghts, ~ncbises, znd ~1 other classes ~d ki~s o~ intaaglble p~s~ pr~er~ not othe~se en~era~ed (Sec. moneyed c~p~l in the ha~ds o~ ~or~ i~di~du~s comin~ into com~etitio~ ~h ~e business o~ ~atioaal banks ~e chssi~ed and t~ed [~ 2~3fil.Z] Exemptions.~The following intangible personal proper~ ~empt ~rom t~xatio~ : (~) obli~tions or e~d~ces of ~ebt o~ t~ Unit~ States or o~ Geor~a or Rs ~olitical s~bdi~sions o~ public institutions; (Z) in~n~bles owned by s ~st ~em~t from ~ederal income ~ the Internal Revenue Code; (3) int~bles ow~d bY ~ hel~ in t~st ~or a nonpro~t reli~ous, educatlo~a[ charitable S~ ~ ~e G~rgla ~ 20-361.2 TI19703889
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(4) im~mgibtes owa~t by a ~erso~ ~ ~tes a~ is subj~ ~ ~ in ~th~ s~te i~d~t ~ ~e ~uct of bu~a~ ~ the ~h~ stY; (5) ~m~n ~fi~ s~ek of a subsidia~ .¢~oratio~ n~ doing busine~ in G~z ~ at le~t ~% o~ su~ s~k is ~ ~ a G~a ~o~on with its ~ineipal place of business in G~r~a; (6) s~ck of a domesfe ~rpo~on; (7) st~ ~ a d~est~z~ f~ga e~fi~ (~. 91A-3105); (8) no ~ddi~al ~ ~P9~ ~ .~ inset which is ~n ~t~si~, t~ns~ a~si~t, modification or renewal of, or which only adds additional sec~ty i~, ~y ~n~ i~ebted~ ~ pa~ th~e~ ~ o~nal ~ebt~- heSS ~ by ~ t~b~ in~e=t on wh~h w~ck ~s ex~ fr~ ~ (9) th~ p~ ~ the f~e mount ~ • l~g. te~ no~ s~d' by realW which reW~ refi~oing of an ~paid p~ip~ ~e~ by ~W (Act 549, Lxws 1~1; [~20-361.3] Basis~All intangible personal property is required to be assessed at its fair market value as of January 1, without deducting any indebtedness or liability of ~e taxpayer (Sees. 91A-3103, 91A-31~). [~ 2.0-361.4] Rates~The various classes of intanobles are taxed at the fallowing rates : (1) long-term notes secured by re~ est~t~l.50 per $5~ ($25.~ m~imum for any single note); sho~-te~ not~10¢ per $1,~0 (Sees. 91A-3202, 91A-321 I); (2) collateral security loans--25¢ per $1,~; (3) corporate stocks~l per $1,~; (4) bonds and debentures of all corporatio~l per $1,0~ (See. 91A-3103). [~20-361.5] P~iod Covered--Aec~he in~gibles t~ may be said to cover ~e calendar year as the assessment date is Janu~ 1, annually (See. 91A-3103). [~ 20-361.6] Assessment Date,--Intanobles are assessed as ofthe first day of ~anuary, annually (S~. 91A-3103), except that long-te~ notes secured by real estate are assessed at the time of filing (See. 91A-32~). [~ 20-361.7] Situs.--As a gener~ ~le, intanoble personal property has a ~ble situs in the state of residence of an individual or the state o~ incor- poration of n company. If intanobles are related to business, however, domicili~ situsmay yield to business situs. Eve~.rezident or nonresident person is subject to the intan~bles t~ on prope~y ¢cqulred in the conduct of, or used incident to, business carried on or ~operty located in Georgia (See. 91A-31~). The t~able situs intanoble trust property, if the trust was crated by ~e Georoa counW in which the settlor or m~er of the trust Hying or, if the settlor or maker is dece~edz the Geor~a county of which the settlor or maker was ~ resident at the time of death (See. 91A-3107). [~ 20-361.8] Anses~g O~--The S~te Revenue ~mmissioner ~sesses ~I int~Oble personal pro~y (See. 91A-3115). [~ 20-361.9] Ret~s~Every person owning cl~sified intanoble ~r- sonal prope~y m~t file a return with the "State Revenue Commissioner by April 15 (See. 91A-3108). TI 19703890
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Every ~ore~gn corporafic~ ~ s~ ~d bonds Comm~on~ on or before M~ 1, ann~y l~s~ng George ~s}dents h~mg ~ shar~ of st~ or its re~st~ed bonds on ~he pr~eding J~nu~ first, ~d ~ edition ~ereto, a list ~ ~ck or ~st~ bonds ~ansfe~ed f~m such persons be~een November 1 ~d Janu~ 1, preceding ~e date o~ ~he return. Eve~ George co~omtion, the bonds and sto~s must file a return with the Commissioner on or before March 1, annually lis~ng Gcor~a residents holding its re~stered bonds and preferred st~ on ~e ~edlng Janua~ first, plus a list of its ~stered bonds and prefe~ed stock transferred from such persons be~een November 1 and J~u~ I, preceding the date of the return (See. 9IA-~113). Any bank or trust company or~n~zed under the laws of Georgia ~ the l~ws of the United States may payer of the aggregate amount of mon~ on deposit with ~he bank owned by the t~payer ~and may p~y the ~x on the money, when au~odzed to m~e the return by the taxpayer (See. 91A:3110). No .return or payment is required if the amount of tax due ~s less than $5 (Act 3~6, Laws 1~; Sec. 91A-31~). [~20-351.10] Assessment, Re~sion ~d Appe~.--The State Revenue Commissioner fixes the value o~ such intan~bles as can be centrally assessed. He ~£n certifies ~c assessments ~ed to ~e various co~ t~ commissioners or tax receivers, with regard to the situs ~lue certified and make assessment of all proper~ certified but not assessed. They then enter the aggregate value on the property tax digest of ~e county. At or before the t~e the Commissioner certifies the ~ssessments to the loc~ o~cials, hc is required to notify the t~ayer of the assessment. ~e taxpayer ~en has 15 days within which he may offer objecSon (Sees. 91~-3115, 9tA-3116). Schedules to be filed under the intan~bles t~ provisions ~e subj~t to hearings and app~ls ~ provided by law ¢or income t~ (see ~ 10-3~) (See. 91A-31~). [I[20-352] Collection.raThe tax on long-term notes secured by real estate must be 1~.id to ~e county tax collector or tax commissioner prior to recording of security instrument (Scc. 91A-3203). The taxes on other intan- gibles arc collected by the county tax collectors or tax commissioners (Scc. 91A-31!8). State and county taxes are due Dcccmb~ 20 (See. 91A-1349). Sottrce.--References are to Georgia Code of 1978, as amended to date. Details are reported in CCH G~.ORGIA TAx R~ZPORTER at ~ 25-000. ~I, 20-363 Public Utilities [920-363.1] General Provisions.---The chief executive officer of each public utility must make an annual tax return on all property ~ocated in the state to the State Revenue Commissioner on or before each March 1, as of J~nuary 1 of that year. The fair market value of the property is to bc appor- tioned to Georgia if the utility owns property in other states and between the several tax jurisdictions in Georgia (Sec. 91A-2203). Tax payment must be made on or before Scpternb~r 1 of the year returns are required to be made (See. 91A-2207). S~te Ta~ Guide Georgia ~I 20-363.1 TI19703891
Page 61: TI19703892
[~[ 20-3~2] Aid'~nes.--On or be_fore Maz~h 1 airI~zm complies operat- in.~ i.n Geor~a must report airline fli~ht equipment to the State Revenue Com~ ~mssloner..~.'rcraft are valued in the same manner as other persona/p~perL3r with the value apportioned to Georgia equal to that portion of total value for each type .or model as the ratio of Georg~ plane miles bears to total system I~lane hours. The value established is apportioned ~g the taxing juris- dictions through which the airline operates (Secs. 91A-2302, 91A-2304). [~ 20-363.3] Railroads~Railroad companies shall be taxed as to the ro11~ng stock and other persona/ property which is not permanently located in any of the other states through which it passes, on so much of the whole value of the rolling stock and personal property as is proportional to the length of the railroad in this state, without reg~ard to the location of the head office of such railroad company (Act 1404, Laws 1980; Sec. 91A-2210). The State Revenue Commissioner shall assess the tax in each and every one of the counties and dries through which it runs in the following manner: (I) It ~hall be assessed upon the property located in each ~ounty and .city; (2) It shall be assessed upon its roiling stock and other personal property as follows: as the value of the property located in the particular county or city is to the value of the whole property .real and personal, of the said company. Such shall be the amount of rolling stock and other personal property to be distributed for t.axing purposes to each locality (Act 682, Laws 1980; Sec. 91A-2211). Railroad equipment cocnpany cars are taxed at the regular rate imposed upon property in this state on a valuatioR based on the proportio~ to the entire value of the cars that the cax-wheel mileage made in "Georgia bears to the entire car-wheel mileage of the cars. Additionally, Che cars are taxed at the reg,'far rate imposed upon property in each local taxing jurisd$ction on a valuation based on the proportion to the entire value of the ca~s that the track mileage in the local taxing jurisdiction bears to the entire track mileage in~he state. The fax is due within 60 days after the Commissioner mails the bill to the company (Act 817, Laws 1981 ;Sec. 91A-2209). 8ource.~Rcferences are to Georgia Code of 1978, as amended te date. Details are reported in CCH Gzos~tk TAx RzPoRz~R at ~ 20-000. ~[ 20-364 Motor Vehicles and Mobile Homes Special 1~ovisions.~Motor vehicles and mobile ~mes are separately classed for property tax purposes (Secs. 91A-1901, 91A-1920).. Motor vehicles and mobile homes in Georgia on January 1 are subject to tax (Sees. 91A~1905, 91A-1923). The mill rate and assessment level applicable to tangible property are used for taxation of motor vehicles and mobile 'homes (Secs 91A-1933 91A-1934) Motor vehicles and mobile homes in dealers' inventories are se a" • p - rately classed and are assessed at 75~ of the assessed value for other motor vehicles (Sees. 91A-1904, 91A-1922). Driver educational motor vehicles are exempt (See. 91A-1903). Each year, every owner of a motor vehicle or mobile home subject to tax must return the vehicle for "taxation and pay the taxes due at the.time 1~he owner makes application for registration o~ t.he motor vehicle t or for the mobile home location permit, or at *he time of the first saie or transfer of the vehicle after December 31, or on April I,. whichever occurs first (Sees. 91A-1906, 91A-1925). $out-ce.--References are t~ Georg~ Code of 1978, as a~mded to date. Details are reported in CCH G~O~XA T^x R~om~ at ~ 25-0~. aThe collection af ad valorem taxes on motor vehlele~ at~the time license pla1~s are purchased is constitutional. H~we~ Btat~ ReVenue Gom~nfl~io~r ~. OordeI~ Fof~ f3o., l~w. ('ST), 154 S. ~. 2ci 599° Georgia 11 20-363.2 © X~SZ, Commerce C~ House, Inc. T!19703892
Page 62: TI19703893
| 20-365 HAWAii, [~[20-356] Prope~:~ Taxable.--The tax applies to all real propertT, inektding |and and appurtenances thereo~ and the buildings, structures, fences, a~d other improvements thereon, and any fixture erected on or at~ed to such land, buildings, structures, fences and improvements, irmludinff all machinery .~nd mechanical or allied equipment and the foundations thereof whose use ts necessary to the utility of such land, buildings, structures, fences and improvements or whose removal cma not be accomplished without substantial damage. Real properly, however, does not include growing crops (See. 246-1). Tax exempt real property leased to and used or occupied by a private person in connection with a private business for profit will be assessed and taxed as if the lessee owned the lmad (See. 246-37). Any increase in value resulting from improvements or repair work to buildings undertaken by the owner- occupant pursuant to requirements of an urban redevelopment, rehabilitation or conservation project will not increase the value of the building for a period of seven years from the date of certification (See. 246-10). The personal propet~y tax was repeMed in 1947. 20-367] Exemptions.--The following property is exempt: 1. Property owned and occupied as a principal home as of the assessment date by. the owner, including an apartment in a multi-unit apartment building) is totally exempt if its ~ralue is not over $12,000, or, if the value is over $12,000, is exempt in the amount of $12,000, plus an additional exemption for persons aged 60 or over based solely on age. Persons 60 or over hut not over 70 use a multiple of 2.0 in computing the exemption; persons 70 or over use a multiple of 2.5 (Sees. 246-26, 246-27). 2. Property owned and occupied as a home' by a totally disabled veteran of the U. S. amaed forces (See. 246-~9). • 3, Property belonging to a Hansen's disease (leprosy) sufferer, to the extent of $15,000 (See, 246-30). 4. Property oE certain persons ~vith impaired sight or heat-inK, or who are totally disabled, to the extent of $15,000 (See. Z46~1). S. Prolx~rty used for nonprofit purposes for schools, hospitals and nursing homes, churches, cemeteries; property dedicated to public use by the ow.ner; prop- erty of labor unions, museums, libraries and art academies, senior citizen housing facilities which qualify for a loan under federal housing legisla- tion, labor union trusts and leagues or a~sociatlons of federal credit unions (See, 246-3Z). 6. Property. used in the manufacture of pulp and paper) for a perlo~l of five years. (See. 246-33). 7. Property belonging to the United States) to l:lawali dr to any county, exceltt that real property of the United States shall be taxed to the extent per- mitted by Congress (Sec. Z46-36). 8. Property of the..U.S. leased under the Iffational Housing Act (See. 9. ~,fachlnery and allied equipment used primarily to manufacture or produce tangible personal products (Sec. I0. Realty used for a housing project owned and operated by a uo~profit or limited distribution mortgagor or by a person, corpqration or association reg~tlated by federal or state law" as to rents, charges, profits, dividends, development costs and methods of operation (Sec. 2.46-39). 11. Water tanks storing water for home or farm use (See. 246-11). I~. Urban lands dedicated to landscaping, public recreation, etc. (See. 246-34). 13, Property of the Board ot Land and Natural Resources (See, 14. Local improvement bonds and the interest thereon (See, 46-7S). 15. Fnfit and nut orchards for two years after the normal development period (See. IS¢-5). Tree farm (Se~. 186-7). T~x Cmid~. Hawaii 11 20-367 T! 19703o°<33
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~i 20-380 IDAHO [.~ 20-381] Property Tazable.---All property within the jurisdiction of the state is subject to t~xation unless expressly exempt (Sec. 63-101). The state property tax is suspended, beginning January 1, 1965, as long as the Idaho Sales Tax Act (.~60-38t) is in effect (Sea 63-922). Hawaii II 20-368 © 19s~, Commerce Clea~g I~ou~e, Inc. TI 1970~
Page 64: TI19703895
20-382] Exvmptions.--Thc fo|lowing prop~ i~ exemp£ ~rom mxafio~: (1) property of the U.S. except when t~x~fion is authorized by Congress, the st-~te or any county, municipal corpor~tio~ or scttool district (See.. 63-I.0~A); public ]ibrm-lc~ (See. 63-105 O); public ccractcries (See. 63-105M). (2) property of religious organizations used exclusively for public worship; sonages of such organizations occupied ~s such; recreational halls of such organizations used in connection with the activities of such religious organi- zations (Sec. 63-105B). (3) property of fraternal, benevolent, or charitable org~nizatior, s, and the World War veteran organLzation buildings and memorials of the state used ex- clusively for the purposes such organizations were organized, provided no profit is derived (Sec. 63-105C). (4) capital stock, b~td~ and other ~tangiblc pcrson~l prolxnd~; deposits i~ tion~l banks, state banks, ~ savings and l~an assoclatlor~s; share.s and acco .uatts of savings and ~ associations, credit u.~ or ass~-~ations orbed unde~ I.daho. law to. accumulate the savings axtd fun~ of their, n~s and I¢~td~ng tltc same to tl~r merrtb~'s (H. B. 30, Laws 1981; Sec~ 63-I05E). (5) water rights for the irrigation of lands. Canals, ditches,, pipelines, flumes, aqueducts0 rcservolrs, darns and any other necessary facility used primarily for the conveyance, storage or providing of water for the irrigation lands, are exempt to the extent irrigation water is thereby conveyed, stored or diverted; however, if any portion o~ the property is used for purposes other than irrigation of lands or the conveyance, storag~ or providing of water to a nonprofit irrigation company or irrigation district, the assessor shall determine the entire value and ~sscss the proportionate part of the property that is devoted to such use. Also exempt is the operating property o~ all organizations organized for the operation, malntcnance, or managemd~t of an irrigation project for the purpose of furnishing water to their members the control of which is actually~ vested in those entlded to the use of the water £rorn such irrlgation.works. "Operating property" includes all real and personal property owned or used by the irrigation system; however, if any portion of the operating property is used f~r commercial purposes by other than its members, the assessor shall deter- mine the entire value of such portion of the operating property~ so used and shall assess the proportionate part of such operating prols~rty that is used for commercial purposes (Scc. 63-105 I). (6) property of electrical or natural gas public utilities, cooperatives organized under the Rural Elcctrificat|on Administration Act, or other companies distributing clcctr|cal power, to the extent used to furnish power for pump- ing water for irrigation or drainage purposes, and property used to trans- mit and dellver natural gas" energy for ir~gation or drainage purposes (Secs. 6~-105J, 69-106). property- of nonprofit, ~ce-lcss, cooperative telephone llncs which have no more than 25 subscribers or users (See. 63-105N). ~urnlture and equipment of 0 and medical equipment leased by nonprofit hospitals and refuge homes owned, operated and controlled by. any religious or benevolent organization (Sec. 63-105K), px~perty used only ~or nonprofit school or educatio~ml purposes (S~ 63q05L). posscssory rights to pt~blic lands (See. 63-I05G). nonpatented mining claims (See. 63-105~). household goods, furuiturc, furnishings, wearing apparel and personal effects ~ held for exclusive u~c of taxpayer and family and not for sale or commer- cial use (See. 63-105F). ~gricultur;fl crops, excluding standing timber, whether growing or held ~or use or sale while the lega! and cqultablc title rcmalns with the producer and fruit and nut-bearing trees and grape vines (See. 63-105R). Idaho | 20-:382 (7) (9) O0) (n) (12) 03) State Tax Guide TI 1970~
Page 65: TI19703896
(14) d~es ~ ece¢~ sec~re~ by mor~e, ~ deed, ~ ~ ~ ~t (15) r~s~ed m~ ~,~ ~d ~~I ~, ~M h~a~ ~nd ~s~d ~, ~nd v~sels (~. 2~ La~s 1~; S~ 21-I14, (16) ~ and v~bles held ~or ~le ~ human ~fion, or seeds or processed produet ther~(, in the ~ands of ~ fa~er, ~odu~r or proc~sor, if such property is sold and shipped ou~ide ~c state ~ Dc~mbcr 1 the year of assessm~t (Sec. 63-10S U). (17) facilities for water or air pollution control (~c. 63-105T). (18) propcr~ of persons wh~ because of unus~l circumstances which affect thelr ability to pay the t~, sh~Id be reli~ed from paying t~ tax to avoid undue hardship (Scc. ~-105BB). (19) spcculati~ portioR of ~e value of land devoted to ~culture (Ch. Laws 1980). (~) f~ 1~ ~ 1981, ~e I~ ~ $10~ or ~% of m~t ~ue of r~id~al imp~em~ ~ ~ p~ dw~ling pl~ ~ the ~ (C~ 213, Laws I~1; Ch. 219, ~ws I9~; Sec. ~-105DD). ~I busin~s invento~es are ~x exempt (See. 63-105Y). Motor vehi~ are ~empt if all re~stration and operating fe~ have been paid (See. 49-133). Personal prope~y of persons having neither domicile nor place of business within the state is considered to be in ~nsit and is ~empt when stored in o~onal packages in a public warehouse (See. 63-10SX). Personal prope~y manufactured or processed in Idaho by persons or fi~s ha~ng a domicile or pl~ce of business in Idaho, which property is stored in a public or private warehouse, is exempt if the prope~y was sold and shipped to a point ou~ide the state on or before the December 1 of the year of ~sessment (Sec. 63-105V). Personal prope~y shipped into Idaho and stored in a public or private ware- house, which p~p~ is not offered for sale in ~daho, and is desi~ated for reshipment outside Idaho, is exempt (Sec. 63-105W). The following persons, if Idaho residents and homestead owners for the ~eding year, are elioble for a prope~y tax reduction: (1) fatherless children under age 18; (2) persons 65 or older; (3) widows or widowers; (4) ~sabl~ ~rs~s recdving fed~al disabili~ insurance benefit, Ci~ ~ce dis~bil.i~ ~nefits, or ]Railroad R~rem~.t Act di~bility b~ (5) disabl~d vet~ or veterans receiving a p~sion for a nons~ice-conn.ected ~sabili~; (6) person entj~l~ ~ .~ts as p~son~s ~ w~; an.d (7) blind pe~ons (C'h. ~2, Laws 1~1; Ch. ~5, Laws 19~; S~. ~-117). The tax reduction is based on the t~payer's current year's assessed value and levy and is as follows (Ch. ~5, Laws 19~; Sec. 63-120): Claimant's Houscho/d Income $3,500 or under ................................ $400 $3,501, but not more than $3,650 ................ $390 $3,651, but not more than $3,800 ................ $380 $3,801, but not more than $3,950 ................ $.320 $3,951, but not more than $4,100 ................ $360 $4,101, but not more than $4,250 ................ $350 $~251, but not more than $4,400 ................ $340 $4/R)1, but not more than $4,550 ................ $330 $4,551, but not more than $4,700 ................ $320 $4,201, but not more than $4,850 ................ $310 $4,851, but not more thau $5,000 ................ $3D0 $5,001, but not more than $5,150 ................ $2 gO $5,151, but not more than $5,300 ................ $280 Tax Reductio~ or actual taxes, whichever is less or actual taxes, whichever is less or actual i--~xes, whichever is less or actual taxed, whichever is less or actual taxes, whichever is less or actual taxes, whichever is less or actual ta~, whichever is less or actual taxe~, whichever is l~ss or actual tax~:s, whichever is less or actual taxeS, whichever is less or actual taxes, whichdver is less or actual taxes, whichever is less or actual taxe~i, whichever is less Idaho ~ 20-382 © lg82, Commerce Clear~ng Heuse, Inc. TI 19703896
Page 66: TI19703897
Household Imom~ ~ but not m~e ff~0,. " .~or ~ ~ ~t not m~ ~an ~.. ............... ~0 or act~ ~ but not mc~e'~an ~,750 .............. ~50 or aot~ ~% but not m~ th~ ~. ~ ~ ~c~ ~, but not more t~n.$~ .............. -.-.~0 or actu~ ~ but Dot mor~ than ~0', ........ ~ ...... ~10 or ac~al but-not more than ~$~5~ ................ $2~ or ac~ butno~ more than ~6,~0~ ............... ~190 or ac~al. bdt n~ "mo~ th~ $~8~ ................ $180 or ~c~at t~es, but not more th~n ~9~0 ................ $170 or 'actual t~es, but not more than $7,100 ................ $1~ or actual but not more than $7,250 ................ $150 or actuM but not mo~v than $7,4~ ................ $1~ or actual but'not more than $7,550 ................ $130 or ~c~al but not more th~ $7,7~ ................ $120 or a~al t~, but not more than $7,8~0 ................ $110 or actual t~es, but not more than ~,0~ ................ $100 or ac~ but not more than $8,1~ ................ $ ~ or actual but not more than ~,3~ ................ $ 80 or actual but not more than ~8,450 ................ $ 70.or actual but .o~ ~o,~ t~~$$~'~:::::::::::::'::$.$ ~0 o~ ~t~. t~, but not more than 8,7~0 ~0 or actu~l 1, 75I, 901, $6,351, $6,501, $6,65t, $6,8oi, $6,951, $7,101, $7,70L ~,001, $8,45L wMehcver is less whichever is less whichever is less wMckever is which~r is l~s whichever is whichever is l~s w~ever is l~s w~chever i~ le~ whichever is less whiche~r is less wh{~ever {s less whichever ~s less whichever is less ~chcvcr is less whichever is l~ss. whichever is less whlchevcr is less whichever is less whichever is less whichever is less whichever is whichever is less [720-383] Basls.--Prol~rtyis" classified as either ~-~al property, personal property, or operating property of public utilities (Sec. 63q01A). All taxable property that has not been appraised at market value leve1~ _will be reappraised or indexed to reflect that Yaluation (Ch. 224, Lnws 1981; See. 63-923). • . " Equities in state lands are assessed as other property is assessed (See. 6~-1222). Mobile homes are assessed in the same manner as other residential hous- i~ag (See. 63-307A), except that no person~.l property tax applies, ti~ mobile homes eligible to be used under a dealer's license, mobile homes designated as sheep or cow camps, and recreational vehicles (See. 63-1203). The owner or purchaser of a mobile home may make a nonrevocable option- to declare the mobile home as real property (Ch. 83, Laws 1981; See. 63-307B).. • ",. [~ 20-384] Rates.--All property, including intangibles, is taxed at the aggregate of all lawful levies. Durir~g any one tax year, the maximum amount otall ad valorem taxes, from all sources on any property subject to appraisal, assessment and taxation within the state cannot exceed 19b of the market value for assessment purposes of such property, including the current market values of residential imp/'ovements. The..limitation does not apply to taxes or special assessments to pay the prin.cipal of and interest and redemption charges on any indebtedness incurred prior to November 7,-1978, or to any taxes to pay the principal of and interest "and redemption charges on any indebtedness incurred on or after November 7, 1978, or to any-special assess- ments levied on or ~ter November 7, 1978 (Ch. 390, Laws 1980; Sec. 63-923). The tax on newly constructed and occupied residential and commercial structures, except additions to existing improvements, is equal to the property taxes that would have been paid on that property had it been on the assess- ment rolls on J.anuary 1, prora.ted" for the portion of the year for which the structure was occupied (Ch. 279, Laws 1980; Secs. 63-3902, 63-3903). State Tax Guide Idaho | 20-384 TI 19703897
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2092 ~-~'z~-----z~, [~20~85] Period ~~~a~e ~x merit ~ o~ Janua~ 1 ~d is due in De~mber and [1[ 20-386] Assessment Date.---All real and personal property is required. to be asse~scd as of I2:01 A.M. on January 1 in the year in which levied (See. 63-102). Personal property coming into the state after 12:01 A.M. on January 1 is assessed as follows: (1) if before April 1, at its full assessed. value, (2) on April 1 and before July 1, three-fourths of its full assessed value, (3) on July 1 and before October 1, one-half of its full assessed value, and (4) ~uring the ~emainder of the year, one-fourth o~ its full assessed value (Sees. 63-102, 63-1206). [1120-387] Situs.--Property is assessed in the county in which it is situated (Sec. 63-201). Business situs has been recognized in an Opinion ot the Attorney General, June 21, 1932, pertaining to personal property of a highway contractor. [1[ 20-388] Assessing Offlcial.mAll property is assessed by the assessor of the county in which it is situated (Scc. 63-201). [1120-389] Returns.raThe assessor may call upon the taxpayer and quire him to n:akc a statement or, in the casc of absentees, give notice requiring that thc statcmcnt bc dclivcrcd to the asscssor on some named date (Secs. 63-203, 63-208). [~ 20-389.1] Assessment, Revision and Appeal.mAssessment is made by the county assessor between January I and the fourth Monday of June each year (Scc. 63-306). Valuations arc subject to review by the Board of County Commissioners (Sec. 63-402) which meets as a board of equalization on the fourth Monday of November to equalize assessments (Sec. 63-1904). Appeal therefrom lies to the Board of Tax Appeals (Sec. 63-2210). [I[20-390] Collection.---Tax lien attaches as of January 1 (See. 63-102). Taxes on the real property assessment roll are payabIc to the county tax collector in two installments, one-half prior to December 20 and the remainder prior to June 20 (Sec. 63-1102). Taxes on the personal property assessment roll and mobile home assessment roll are payable to the tax collector before December 20 except that taxes on equities in state lands and on leasehold improvements. defined by law as personal property w~hich are located on federal, state or Indian land may be paid one-half on or before December 20 and one-half on or before June 20 (Ch. 39, Laws 1980; Scc. 63-1302). Source.mRefercnccs are to Idaho Code of 1947, as amended to date. Details arc reported in CCH IV^HO TAX R~ORTER at ~ 20-000. | 20-391 Mines and Mining Claims Special Provisions.---Mines and mining claims, after purchase from the United States, are taxed at the price paid to the United States, unless the sur- face ground or some part thereof is used for other than mining purposes, in which case such surface ground is taxed at its value for such other purposes, and all machinery used in mining and all property and surface improvements which have a value independent of such mine or mining claim, and the net annual proceeds of all mines and mining claims are taxed, provided that all mineral rights reserved to any grantor, except the United States or the State Idaho ~I 20-385, © 1982, Commerce Clearing House, Inc.-: TI19703898
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of Idaho, by comreya~ce of any lands other th~n lands acquired under the mining laws o~ the United States shall be assessed for taxation purposes at not less than ~ per acre (Sec~ 63-2801). Statements o~ the net p~fits of mines and mining claims during the preceding year must be filed between J~/nuary 1 and May 1 wi..~, the ass,,e.~.~ of the ,county in which such mines are situated (See. 63-2803). ,'Fa~ collected in same way as other taxes "(See. "63-2811). Sour~e.--Re~erenees are to Idaho Code of 19~7, as amended to date. Details are reported in CCH I~xx~o TAx Rm, o~ at ~ 20-000. II 20-391.1 Forest tands ~nd Pro:d~cts Special Provisions.--Reforestation lartds are assessed at $1 per acre. Owners must report cuttings of forest crops by the second Monday in January to the Board of Land Commissioners and to county assessors. A yield tax of 12~6% of the value is due June 1 (Sees. 38-211, 38-213, 38-214). flourcv.,--References are to Idaho Code of 1947, as amended to date. Details are reported in CCH IDAHO TAX RE~O~Eg at ~[20-000. II 20-393 . Public Utilities Special Provisions.--The operating .property of all public utilities and car companies including railroads, telograph, telephone, ele.ctric current trans. mission and distribution lines and pipe lines, including water, under the iurisdiction of the Idaho Public Utilities Commission are assessed for state and loc~1 purposes by the State Tax Commission (See. 63-701), which certifies the assessment to the counties on a mileage basis (Sees. 63-707, 63-711); .Th6 ,operating property of electric current transmission and distribution lines is assessed by the State Tax Commission in each county separately; the Com- mission then apportions to each county the property situated therein (See, 63-707.). The non-operating property of railroads, telegraph, telephone or electric current transmission lines, pipelines "and-water companies under the jurisdiction of the Public Utilities Commission is assessed by the assessor of the county wherein such property is situated (See: 63-703). Such utilities file repcrrts with the Tax Commissioner on or before April 30 a~ of December 31 (Sees. 63-7.04, 63-705).. The State Tax Commission mugt"determine the market value of all properly: in Idaho ow~ed by a car company and prorate such assessment on a mileage basis among the. counties traversed. If personal property of any car company has an assessed value of less than ~500,000, the Tax Commission determines ~he tax by applying the average tax rate in the state for the .current year on car companies having an assessed value of more than $503,000. If no ca, companies are assessed for $500,000 in the current year, then the average tax rate shall-be the average tax rate on. ali taxable tPhroperty for the prior year.* The tax is payable in the same manner and at e same times as personal property taxes are payable (Ch. 350, Laws 1981; See. 63-804). Car companies, including t~nk, coach, refrlger~tor and sleeping car companies, report to the State Tax Commission on or before such time as may tm determined by the Commission. Information in the reports is as of De- cember 31 preceding (Sees. 63-802, 63-803). The property of express, trans- portation and stage companies is assessed by the county assessor where it is situated or usually kept (See. 63-217). Ferries and toll bridges are assessed by the county assessor where the tolls are collected (See. 63-218). Taxes on public utilities are collected in the same manner as other taxe.s. Source,--References are to ~daho Code of 1947, as amended, to .date. Details are reported in CCH IV~HO TAX REPORTE~t at ¶20-000, *-Averag~.state-wide tax rate uzed tot a.ssesalng tax: Lqe0-,-0.00~077~ (CC~ IDAHO TAX State Ta~ Guide Idaho | 20-393 TI19703899
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| 20-394 Tra.sie.t Personal Property Spedal Provlr, ions.---Co~strucfion, logging and mi~ machinery and equipment which is transported into or held for not less than 30 days in more tha~ .one co~u.nty in the state is a~sessed in each county in proportion to tke portion o£ the year it is kept therein (Secs. 63-1401, 63-1402). Whenever any such property is moved into any county in this state other than its home county, i. c., the county whercln it is first llstcd in any year, or the county wherein the owner maintains his residence or usual place of business, the owner, within ten days from the time such property enters such county, must fzlc a report with the assessor thcreot (Scc. 63-1406). Such property is also reported for the full year in the home county. Annual reports are filed with the assessor of the home county on or before the first Monday of l~ovembcr (Sec. 63-1405). The provisions o~ the Act do not apply to personal property in transit through the state by railroad or other public transportation, nor to transient property sold by the owner in the home county upon which the taxes for the full year have bccn paid (Sec. 63-1413). General provisions of the per- sonal property tax law, pertaining to computation of the tax, equalization of the assessment and collection ot the tax, are applicable to transient personal prop- erty (Sec. 63-1412). ~qource,--Referenccs are to Idaho Code of 1947, as amended to date. DctaJis are reported in CCH Tn^HO TAX REPORTER at ~ 20-000. | 20-395 ILLINOIS [~20-396] Property Taxable.--The tax applies to all real property in Illinois (See. 499.1). [~20-397] Exemptions.--The following property is exempt from taxation: (1) property o£ nonprofit schools and educatlonaJ institutions; property on school realty on or adjacent to school grounds if used by academic, research or professlorad organizations (Sec. 500.1). (2) property used exclusively for ttonprofit religlous, school and religious, or orphanage purposes; property of religious denominatio.ns, including hous- ing for bishops, district superintendents and church officials and convents attd monasteries (Sc~ 500.2). (3) property used exclusively for cemeteries (See. 500.3). (4) property of the United States, except that which is taxable (See. 500.4). (5) property of the state, cout~ties, and municipalities (Sees. 500.5, 500.6). (6) property of nonprofit beneficent and charitable organizations used exclu- sively for such purposes; property o~ free public libraries (See. 500.7). {7) property used exclusively for the prevention or extinguishmeut of fires, and for the protection and salvage of property ~rom fires for the public benefit (See. 500,8). (8) public grounds and public works, municipal water systems and drainage equipment; property purchased by a governmental body under an install- merit comract (Sees. 500.9, 500.9a). (9) property used exclusively for nonprofit agricultural, horticultural, mechanical or philosophical p~rposes (Scc. 500.10). (10) property used exclusively for military schools and aca~lcmics (See. 500.11). (11) propea-ty cff housing authorities (Se.c. 500.12). (12) property of any municipal corporation created for the sole purpose of owning and operating ~ pctblic transportation systeal~ (13) property of park or conservation districts; property of public school districts or public community college districts not leased by such districts or other- wise used wltk a vicar to profit (Sees. 500.14, ~00.18). ldob. o ~I 20-394 © 1982, Commerce Clearing House, Inc. TI197039~
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(14) p~perty o~ municlp~l _c~p.~omdo~s ~P~ m ~de b~.. ~ h~e~n,-~d o~ ~a~ ~ ~e m~ ~ such m~mp~ (15) ~a~ ~ ~ ~t ~ (~ ~+~6). (16) p~per~ of mu~ci~al ~at~ns ~eat~ ~ p~de rail~ te~i~h, . ~al fa~ and app~ th~ (Se~ ~17). (17) p~per~ of veterans" ~ganizafi~s ~ed f~ .ch~t~le, pa~iofic or ~e~ (S~ (19) ~y of ~ ~u~ities (Se~ (~) homesteads o~ed and ~cupled by z person aged 65 or ~er who ~ li~le for the: realty t~es ~n ~He property, l~it~ to a $1,5~' m~um r~ucti~ ~m equalized or assessed value (See. 5~.23-I).* (21) ~ecizlly ~pted ho~i~ purch~ed ~th f~e~ ~nds ~ the ~s~ed ~ ~ owned ~d used by a ~isabled ~ete~ ~he sp~e or u~ (~) hom~t~d~ li~ted to ~ reduction i~ ~e equ~ized ~sess~ ~e ~ ste~d prope~y equal to the incre~e in ~ch ~alue for 1978 and subsequent years above the ~ualized assessed ~ue of such property ~or 1977, up to a m~mum ol ~3,0~ (~r ~3,~0 mu]fipffed by the number o~ a~rtmen~ a c~pc~ati~e building oc~pled by pers~s wh~ are liable lot ~al~y an~ ~z ~ record) (S~. ~-Iz). Individuals ~ or older and disabled ~ersons ~hose ~nnu~l household ~me i~ less than.$12,~, whose ~ousehold~ are liable for p~me~f o~ prope~y t~es accrued or who havepaid rent constituting prope~y taxes acc~ed (30~ of gro~s ren~ paid in a t~ y~r) and w~o are domiciled in illinois when their clalm~ ~re entitled to claim a ~ant equal to the amoun~ by which such f~es acc~ed which were paid or payable during the preceding t~ ~ear, or rent constituting taxes on the claimant's residence ~or the l~s~ ~ax ~ear, ~cee~s 3~ of the claimant's household ~ncome for t~t year, bu~ the may not exceed ~7~ less 5~ 0~ such income. In addition, ~ny indiv]du~ who (I) ~is 65 or older or disabled, (2) i~ domiciled in lllino~s when filing his ~d (3) has a maximum ~household ~n¢ome of les~ than ~2,0~ is entitled to claim an addltion~ ~n~ (regardless of whether he is liable for property or rent consti.tuti~ pro~rty t~ acc~ed) of ~ (P. A. 82-~5, Laws 1~1 ; P. A. 81-1530, Laws 19~; Ch. 67~, Sec~. ~3.11, ~). An exemption of up to $25,~ in actual value is allowed, for new improve- ments to ~isting residential structures (Secs. 5~.23-2, ~.23-3): An exemp fion ~. up to $15,~ in actual value is allowed for new improvements to ~ing multiple dwelli.ng ~its ~ (S~. 5~.~). Maintenance ~d re~irs to residential reM~ ~11 not increase the ass~ed ~lue ~ ~e r~lty (Se~. 501h-l, 501 i). Begin~ng in 1~, taxing dis~icts may abate any ~rti~ ~ ~eir ~x~ on industrial firms l~ting wi.thin ~e district or that are n~ly ~eated ~e dis~ict. ~e aba~ent is ~s.o ~vailable for t~ on an ~nded previ- ously ~isting indmtr~l facility. The .abatem~t c~n not exceed a ~riod ten years and the t~al amount of absted ~xes c~ not ~ceed $1 ~llion (P. A. ~-316, La~ 1~1 ; See. ~). [~2~398] Basis.--~e statutes provide that except in counti~ 2~,~ which classify real property for taxation, real property is vMued as * The senior citizens' homestead exemption Is valid. Doran ~, OuZl~rton e¢ aL. IllinoIs Supreme Court, May 22. 1972, 1 The multiple dwelling h~rnestead Improvement exemption is invalid. Pro~/~o To~..~p Htg~ 8o~ool D~st~ct No. 209, ~" ¢L ~. Tl~omaa G. H~l~. As~o~sor ot r~L, Illinois Supreme Court. November 1~, 1980. State Tax Guide Illinois II 20..398 TI19703901
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2096 ~'I'==~--II~',~ m ~-~ follows: (t) e~eh tract or lot of realty is valued at 33~ ~ fair ~ ~l=e; (2) each ~le le~ehold ~te is ~ud at ~% g ~ir ~h v~ue; (3) ~ ~il~n~ or stmcm~ lo~t~ ~ ~e right d way d any ~, ~il~d ~ ~h~ ~mpany le~ or g~nt~ ~ ~other ~m)any or pe~on ~r a te~ d yea~ is va~ at ~ of fair ~sh vaIae; and (4) any ~d~ on which the~ ~s ~ ~M or oth~ m~e or quRz~ ~s valued at ~ o~ fair cash value (Se~ ~1). Farmland ~sments are b.~ed on income (P. A. 8~121, ~ws 1981 ; Sec. 501e). Qualified a~icultu~l pro~r~ may be vMued ac~rd- ing to ~ vMue ~r ~cul~rM p~ (See. 501a-1). I~ coRnfies ~th less than 3 miIli~ ~lation, the ~uallzcd ~sed value of fa~l~nd in the aggre~te in ~ch coun~ for ~e 19~ assessment year may not incre~e by more than 8~ over the equalized ~sess~ v~lue in the aff~te of all such farmland in ~ch ~un~ for the 1979 assessor y~r (P. A. 81-1389, LR~ I~; Sec. 2~-I). Special valuation is avdlable for reMty improvemen~ equip~ wi~ solar ~e~ heating or c~1~ systems (See. 501d-3). Air and water polluti~ c~trol ~pm~t ~s v~lu~ at 33~ of its fair c~h value based ~ its economic pr~ucti~ty to ~ owner (S~. 502a-1). [~ 20-399] Rates.~e tax rates are composed of the state, county and local levies appl~cable at the situs of the property. However, no state tax has been levied for many years. [~ 20-4~] Period Covered--Acc~al.--Property taxes are levied for the year in which the assessment is made but are payable in the succeeding year. Thus, 1~1 ~x~ are bas~ ~ the ~essment roll compiled IR 1981 ~nd are payable in 19~. [~ 20-401] Assessment Date.~Real property is assessed as of ~anua~ I of ~ch year (Sec. S08a). [~ 20-403] Assessing O~cia1~There is one assessment roll compiled by the local assessors or in some instances fhe ~epa~ment. The Depa~ment ~s~ses the fight-of-way and rolling stock of railroads and the capital sto~ of MI companies other than manufacturing, mercantile, mining, printing, pu~ lish~n~ and stock breeding companies. In co~nfics contalning 1,000,~0 or more inhabitants, the assessment roll is compiled by the county assessor with ~e aid of his deputies and, in counties containing 150,000 or more and less ~an 1,0~,000 inhabitants, there is a board of assessors composed of five mem- bers. In all other counties the county treasurer is ex o~c)o county assessor. In counties under township organlzation, the assessor prepares the assessment roll and, in other counties without township organization, the ~s~sment is ~repared by deputy county treasurers (Sees. 483~98). [~ 20-404] Re,ms. No returns are required. [~ 20-405] Assessment, Revision and Appe~.~The original assessments are compiled by the local assessors except for certain utility prope~y and capital stock tax assessments, which are prepared by the Department of Local Government Affairs (See. 498). Real estate is assessed as follows: (I) ~n township counties of less than I,~,0~ inhabitants, quadrennially be~inning in 1963; (2) in commission counties of less than 1,~,~ inhabitants, quad- rennially be~nning ~n 1962; and (3) in counties over I,~,000 inhabitants, which are divided into four assessment d~st~icts,~ assessment ~s~ict I is to" be assessed quadrennially be~nning in 19~, assessment district 2 is to be 1 The county board of a county of over 1,OOO,O00 persons may provide for the assessment of the entire county In any year (See_ 52). Illinois ~I 20-399 © 1!)82, Commerce Clearing House) ~[n~' TI 197039O2
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a~essed q~nnia|~y be~nnh~ in 1~oS, assessment dls~Hct 3 ~s s~s~ qu~n~aIly be~nn~ in 19~, and ~se~ment dis~ct 4 is ~ be ~ qu~dr~ia~y be~mni~ in 19~. TowasMp ~unfies ~th 1~,~ or m~ in,blOts ~t I~ ~ 1,~0,~ ~bi~ ~y, Be~o~ J~ 1, 1~, diode ~e ~ in~ 4 a~sm~t dis~c~~ R~ es~ sha~ ~ as~ quad~n- n~ly in ~ c~fi~ as f~ows: (1) dist~ I ~ 1~7, 1~0 ~d ~ rough ~h~f~r; (2) d'istM~ 2 in I9~, 1971 ~d eve~ four~ y~r ~fter; (3) d'i~ ~ri~ ~ in 1969, 1972 ~d eve~ fou~ y~r ~e~fter; ~d (4) d~s~ 4 in-1969 ~d eve~ fourth yea~ t~ereafter (Sec. 525). . The supervisor of assessments (generally the coun~ tr~surer) has ~w~r ~ make chang~ or al~mfions iu the ~sessm~ (S~. 576). The local board of review is the tribunal that first beam app~Is from od~nal ~se~ ment~ In counfi~ of l~s than 1,~,~ ~ide~ ~ving a township ~n- ization the b~rd of review ~s a s~r~te ~y but, in c~nfies of less than I,~,~ res~d~ not operating under ~wn~ip or~ation, the b~rd of county commissioners c~fi~ut~ the ~rd ~ r~iew (S~s. ~, ~). In counti~ confining ov~ 1,~,~ inha~t~ts, the~ functions are p~- foxed by a b~rd of app~ls consisting of ~o.members and,'in, coun~ containing 150,~ or more and less ~an 1,~,~ l~abi~ts, ~e is a ~ard of review ~ns!sting of ~hree members (Secs. 491, 4~). ~h~e are no provisio~ for ap~al from the d~cisions of thee b~. The courts have ~used to. consid~ que~ions of vMu~fi~n unl~ thee is fb~ud involved. and so t~payers may appeal to the coups on ~ounds of eq~li~ jurisdiction~ L e., fraudulent overassessment or prope~ not subject to assessment. The Department adjusts the total ~sessed yalue of prope~y in any county to 33~ of f~r cash vaI~ (S~. 6~)'. ~e D~a~ment ~11 c~fy ~ eacE c~nty clerk the p~cen~ge to be added or deduct~ (~. ~2). The clreuit or'sup~ior cou~ ~ ~e county in which pr~erty assess~ is situated shall ~ye ~wer to r~i~ ~1 final a~i.~strstive declaims of ~e De~t (Sec. 619). " . [~ 20~06] Co~ecfion~Real prope~y ~es are'a "l~en on ~e prope~y. fr6m ~e date ~ assessment (January 1). T~es are payable ~ s~n as the co~ collector receives his t~ collection books whi~ ]s generally in the early pa~ of the y~ succe~eding the year of assessment and ~e~. In 'c~nties containing less gh~ 1,~,~ inhabitants, real estate ~es are ~yabl, e in two instalments affd 'become delinquent if no~ pa~d by J~ne first and September first. Real prop~ty t~es in counties having a ~p~ation of 1,~,~ or mo#e "are payable lh~two eqfial instMlments and become delinquent on the fiist ~y of. March and ~fi~st (S~. 705). Realty ~X bi]ls must be mail~ 30 dgys ~or to ~e delinquent date (~e. 671) and the ~ai.l~e to mall the bills on ~me ~tends ~e deI.~nquent date until ~is pro~ion is compli~ ~i~h (~c. 705).~ ' flou~References are to Chapter 1~, Illlnoh R~sed Statgtes, which ~. B. 310, ~ws 1939~r~rt~ in CCH ILLINOIS T~ ~ar~ at ~'9i-~. F~ dermis, see 11 20-408 Public Utilities Special larovisions.--The Department of Local Government Affairs shall assess all property owned or used by. railroads as of April 1, except non-carder real estate; Every railroad company must file a report with the Department, ~ The county board of such town~sblp ,eounUes divided into anse~ment districts may provide ~ the as~ssment of the entire county.in the prescribed a~ses~ment year (See. ~2~). State ~ Gulc~ Illinois ~ 20-408 TI 19703903
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s~o~ ~! i~s p~op~-~y wit~i~ the s~, d~ A~ ~ ~ y~r (Sec~ So~e~References are to Chapter I~, Illinois ReUsed S~s. wh~h ~ b~cd on CCH ~ozs T~ ~o~ at ~ ~ | 20~408.1 Mobile Homes* Special :Provisions.--In addition to taxes provided in the T~se Tax Act (see ~[ 60-400), but in lieu of ad valorem taxes, mobile homes, other, than those in counties having over 2,000,000 inhabitants, are subject to a privilege tax com- puted as follows (Sees. 1203, 1209.1) : Tax Year ~o]low~ng Mo~lel Year o( Mobile Home ~ Per Square Foot ]V[odel year and Ist and 2nd years following .................... 15¢ 3rd, 4th and 5th years after model year ......................... 13,5¢ 6th, 7th and gth years after model year ......................... 12¢ I03¢ 9th, 10th and llth years after model year ....................... 12th, 13th and 14th years after model year... 7.5"9¢-¢ 15th and subsequent years after model year. The tax is payable to the county treasurer within 60 days after the annual tax bill is mailed (See. 1206). The tax for mobile home owners actnally resid- ing in the mobile home, who hold title thereto and who are 65 or older or dis- abled on the ahnual billing date, is reduced to 80~ of the tax otherwise due (See. 1207). Source.--References are to Chapter 120, Illinois Revised Statutes, which is based on Public Act 78-375, Laws 1973. For details, see CCH ILLInOiS T.~x Ra~oa~g at ~[ 20-000. IB 20-410 INDIANA [~20-411] Prop.erty Taxable.wAll tangible property within the juris- diction of the state on the assessment date is subject to taxation unless expressly exempt (See. 6-1.1-2-1). [[[ 20-412] Exemptions.--The following property is exempt from taxation: (1) Property of the United States (to the extent that the state is prohibited by law from taxing such property), the state, county, city, town or township (Sees. 6-I.I-I0-I--6-I.I-I0-5). • (2) All common school lands (See. 6-1.1-~0-16); all personalty and realty (not over 800 acres) of any domestic trade school or college {See. 6-1.1-10-20); property used and ".set apart for educational, literary, scientific, religious or charitable purposes (See. 6-1.1-10-16). (3) Property of agricultural associations not over 8{} acres (S~c. 6-1.1-10-26), nonprofit cemeteries (See. 6-1.1-10-27), Y. IV[. C. A., The Salvation Army, Inc. and other such organizations, veterans' organizations, Boy Scouts of America and Girl Scouts of the U. S. A. (See. 6-1.1-10-25), fraternal beneficiary associations (Scc. 6-t.1-10-23), and college fraternities and sororities (See. 6-1.1-10-24). (4) Church property not exceeding one acre used as a student dormitory (See. 6-1.1-10-22); property of charitable medical associations (See. 6-1.1-10-28); war memorials (See. 6-1.1-10-17); and public librarie's (See. 6-1.1-10-19). (5) An honorably discharged veteran having a servlce-connected disability of 10% or more, or a surviving spouse, is allowed a $2,000 exemption (Sec. 6-1.1-17.-13); totally disabled veterans 62 or older, or their surviving spouses, are allowed a $1,000 exemption if the value of .the property does The mobile home prlvllege tax Is constitutional (BerrY, et ~. ~. O~]Io, 0o~ Oo~or, ~0~ Supr~e ~u~, No. 4~, ~u~ ~, I~6). Ill~ois ~ 20-~8.1 @ 19~, Commerce Cle~ Ho~e, Inc. TI 19703904
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~ ~T.~h~a 2099 ~ ~v ~pfi~ ~ S~ GI.I-I~I3 ~ ~ ~ (S~ ~1.1- 1~16); World War I ~ ~e ~ a~ d~ti~ f~ ~ (6) Mo~e or cannot indebtedne~ on re~ es~te to ~e ~o~t of the balance of the mor~ge or contact indebtedn~s on the ~s~sment date, or one-hal/o[ the ~alty's ass~sed value, whichcv~ is less (P. ~ ~, ~ws 1980; See. GI.1-12-1). (7) R~ of g blind ~ ~sabled person used ~ oc~ed pdncieally ~ his residence is ~empt to ~e ~ount oi $2,~ i[ his ~able g~ ~c~v n~ ~5~ (P. L ZS, ~ws 1~1; S~ ~1.1-1~11). (8) Personal prope~ o~ nonresiden.ts shipped into Indiana and 91need in the ori~nal package in a public warehouse for shipment o~side Indiana (Se~ ~1.1-1~29). Personal proper~ o~ nonresidents, whi~ is ~empt under the Commerce Claus~ o£ the ~. S. Constitution, shipped into Indiana and placed in the original package in a public or private warehouse (See. ~1.1-I0-30). (9) Residents 65 ~ older ~hose [¢de~l adjusted gr~s income, when cmbined ~ ~at of thdr s~ d~ not ~ce~ $10,~ g ~r (t~ vM~ ~ the r~ P~W ~ mobile hme ~y not ex~d $11,~, they ~st have ~m~ ~e r~ p~ ~ ~bilv ~e for at l~t I y~, a~ must l~e ~ t~ r~ ~r~e~y or ~ ~e) a~ w~o receive no ~pr~ e~y ~ ~on ~c~t ~e ~e d~ct~ arc al~d a ~u~ ~ the ~le h~¢ or $1,~ in ~ ~ ~ a ~b~a hm~ ~ um~ed s~ sp~se who ~ ~t le~t ~ y~ old and spouse ~ at le~t ~ at the ~e of death ~n d~ the exemption if all o~ ~~ m sa~fi~ (P. L. 25, ~ws I~1; P. L. 39, ~ 1~; Se~. ~1.1-1~9,~1.1-1~9.1). (10) Ind~tdal waste control iacilitles not used in the production o[ prope~ for sale (See. ~1.1-10-9), (11) Nonprofit corpo~te prope~y of fine ~ts organhati~s (See. GI.1-10-18). (12) Proper~ o[ nonwofit ~lwater ~st~ (See. G1.1-I0-7). (13) Property of nonprofit ~1 sewage d~po~l co~o~tio~ (Se~ G1.1-1~8). (14) Mo~r vehld~ subject to ~e vehlcle ~cise ~ (see ~ 5~12) (See. G1.1-2-6). (15) Na~fion companies upon pa~ent of tonnag~ t~es (See. &1.1-2-6). (16) PersonM prop~W o~¢d by a fin~l insfi~fion subject to the share t~ (see ~ 19-411)ff the property is not leased so th~ p~session is to the l~see (See. G1.1-2-6). (17) Tan~blc prop~ own~d by an Indiana nonprofit co~mtlon and us~ by it ~ ~¢ operation o[ a licensed h~l~ facility, a residential facility for ~ age~ or a Christian Science home or ~nitorim (See. ~1.1-1~18.5). (18) Tan~ble personal property ex~pt under the Co~erce Cla~e og the ~. S. Constitution if held, on the assessment dat~ in a foreign t~de zone and either imported into the foreign t~dc zone from a foreign count~ or placed in the forei~ trade zone ~clusively for ~port to a forei~ county (See. GI.1-1~30.5). (19) S~tion~ or u~icensed mobile air pollution control systm of a palate m~uhctufing, fabricating, ~sembli~, expecting, mining, pr~essing, gcn~ating, refining, or other industrial hcility not pfimarRy used in ~ production of prope~y for ~I¢ if ~quired for the pu~o~ of ~mpl~ng wi~ government s~n~rds (P. L. 37, ~ws 19~; Sec. G1.1-I0-12). A limited deduction is allowed from the assessed vMue of qualified habiHtated resid~tial real~. Assessed value may be reduced, for a five year period, by either the increase in assessed value due to ~e rehabilitation, ~,~ p~ dwelling unit rehabili~ted, whichever is less. Only improvemen~ m the' following property qualify for the deduction (vMae shown is ~at prior to reh~ili~tion) : (1) single-fmily dwellinp with an assessed value S~te~ G~de Indiana ~ 20-412 TI19703905
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21:00 ~,~. T~s--~,m ~ ~-~ not more than .~:~000; (2) two.Ply dwel]i~ ~ ~ assessed v~ o~ ~ot mo~ ~ ~,~; ~d (3) dwell~ wi~ three or more ~ly units ~se~ v~ue of not mo~ ~ ~,~. per unit (S~. ~1.1-1~18). As an d~ve, o~ of rehabilit~d r~ (ex~pt land) .e~ed at l~st t~ ye~ pri~ to apply~ng for the deducti~ may have deducted from ~e increased ~sessed value oi the r~l~ 50~ o~ the incr~e in ~lue resulting from the rehabilitation. ~e deduction may be tak~ annu~ly for a five year pedod but the m~mum annu~ deduction ~s $5,~ for a s~ngle family dwelling or for any other ~pe ot p~eny (S~. 6-1.1-1~22). O~ers of ~operty in an ~ban devel~ment ar~ are entitIed to a l~y~r deduction ~ the property has been rehabilitated or is l~ated on realty ~at has been red,eloped. The deducti~ for each year is the pr~uct of the assessed value ~ncre~e due to rehabifitafion or redevelopment multlplied by 100~ for the first year, 95~ for the s~ond year, ~ for the third year, 65~ for the fourth year, 50~ for the fifth yeRr, ~ for ~e s~th y~r, 30~ for ~e seventh y~r, 20~ for the eighth year, 10~ for ~e n~nth year, and 5~ for the tenth y~. Prop~ty owners recei~ng the above deduction for residential realty ~e not entitled to this deduction (Se~. ~1.1-1Z1-1, @1.1-12.1~, @1.1-12.'1-4, ~1.1-12.1-6). owner of new manufacturing equipm~t, which w~ ins~ll~ betwe~ Jan- ua~ 1, 1982 and Decem~r 31, 1~5, in an u~an devdopment area and is used ~n the direct production, manufacture, fabHc~on, ass~bly, ~trac~on, m~n- ~ng~ ~oeesMng, refining, or finishing of ~er tan~ble ~rs~al pro~y, enhtled to a 5-y~r d~ucti~ fr~ the ~sessed ~ue of that equipment. The deduction equals the product of the assessed value of the n~ manufacturing equlpm~t mul~plied by 1~% for the first y~r, 95~ for the second year, ~ for the t~ year, 65~ for Che rough year, and 50~ f~ the fi~ year (P. L. 72, ~ 1~1 ; S~. @1.1-12~.5). A homestead credit is allowed for property t~es ~id on a principal r~idence and the surrounding real estate, not ~cee~ng 1 acre, according to the following sched~e : for 1980, the.cr~it is 10% of the property tax liability a~dbutable to the homestead; for 1981, 8% ; for 1982, 6% ; f~ 1~3, 4% ; for 1~, 2~; and f~ 1985 and thwarter, none (Sec. ~1.'1-20.9-2). Owners of realty, or a mobile home not assessed as realty, equipped w~th solar, h~fing or cooling systems may deduct from assessed ~lue the remain- der of the assessed value of t~e realty or mobile home with the solar heating or c~Hng system ~ncluded min~ the ass~sed value wlthout the system (Sec. ~1.1-12-26). Persons liable for taxes on tan~ble prope~y or on mobile h~es receive a credit for property tax replacement in an amour equal to 20~ of ~e ~payer's tax Hability due and payable in May and November (Sec. ~.~-Z~-S). Aircraft subject to the annu~ ~cense exc~se tax (see ~ 50~) are not subject to ad valorem prope~y taxes (Sec. ~6.5-12). ~e o~er of a resource recove~ system whlch processes solid waste entitled to ~ve deducted annually from the assessed value of the system an amount equal to 95~ ~ the ~sessed value (S~. @1.1-12-~.5). Until 1~, owners of e~l or ~1 whale c~vcrs~ sys~s us~ to pr~s coal or o~1 shale ~to a g~eous or liq~d fuel are enfitl~ ~ a d~ucfion the ~sess~ value ~ the system ~u~ to 95~ of the system's assessed value m~fipl~ed by a fract~ wh~e num~a~r ~s the ~o~t of Indiana c~l or shale conve~ed by ehe syst~ the ~ec~ng y~r and wh~e d~ominat~ is Indiana I 2~412 ~ 1982, Comm~ce CI~g H~, Inc. Ti19703906
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(P. L. 41, Lz~ I~; ~c. ~I.1-1~1). An a~al ~uc~ is ~o-~ ~ the o~ ~ ~at ~op~, or a mobil= home ~ is not a~essed as ~I pro~, ~zt ~s equ~ wi~ ~ hyd~ elect~c pow~ device or ~he~al ~er~ h~g or c~ling d~ice in ~ amount equM ~ t~e r~ainder ~ the as~s~ value o£ the reM pr~ ~ mobil.e home with ~e device, minus ~e ~s~sed vaIue of the real prop~ ~ mobile home without the device (P. L. 71, L~ws 1981 ; Sec~. &1.1-1~33, &l.l-l~): [~ 20-413] Basis~All proper~ must be assessed at a unifo~ and equM ~te ~d on a just valuation at t~e cash value (33~ of t~e ~sh vMue) (Se~. &1.1-1-3, ~1.1-2-2). The totM assessed value of all interests in o~ located on or beneath a ~act of land is the pr~uct of (1) the averse daily production of the oil multiplied by (2) 365 and fu~her multiplied by (3) one-third of ~e posted price of oil on the asse~ment date. I~ the oil is ex- tracted by use of a sec~dary recovery method the assessed value is one-hall the value as computed above (Sec. &1.1~12.5). L~nd cl~ifi~ as wildlife hxbi~ is ~s~s~ at $1 per ~re (S~. &1.16.5~). [~20-414] Rates.~By statute, the total state tax rate is limited to 1# on each $1~ of valuation (See. &1.1-18-2). In all other inco~rated cities and towns the total tax rate is limited to $2.~ on each ~1~ of valuation, and in all unincorporated areas the total tax rate is li~ted to $1.25 on each ~1~ of valuation. ~owever, these limitations are rendered partially ineffective by the power of political subdivisions to declare emergency levies which are ~out the statuto~ limitations (See. 6-1.1-18-3). [~20-415] PeHod Covered~Acc~ual.~The statutes do not specifically state what period is covered by annual property ~xes, but ~ examination of the tax bills indicates that the taxes assessed in any year are payable in the follo~ng year. Thus current tax payments cover the preceding calendar year and are based upon the assessment and levies of the preceding year. [~ 20-416] Assessmem Date.~All property is a~essed as of March 1. Mobile h~ are ass~sed on J~ua~ 15 (S~. 6-1.1-2). Personal prope~y is assessed annuMly (See. ~1.1=2-2). R~l prope~ ~11 be reassessed Janua~ 1, 1~, ~d each 6~ year ther~fter (H. B. 11~, Laws 1~; Sec. 6-I.1~). [~20-417] Situs.--Real estate is assessed at the place where located (Sec. Gt.I*I) and personal prope~y gene~lly is ~sessed to the o~er at the place of his domicile. If owned by a nonresident, pe~onal prope~y is ~sessed at the place where the owner's principal o~ce iR Indiana is l~ated on. the ~ssessment date. Personal property is assessed where situated on the assessment date if it is re~larly used or pe~anently located where it is situated, or if it is owned by a nonresident without a principal o~ in Indiana (See. ~1.1-3=1). [~ 20~18] Assessing Official~The assessments are generally compiled b~ ~e to--ship assessors and are reviewed by the county assessor. The prope~y of public utilities is assessed by the State Board of Tax Commis- slone~ and the 1o~1 assessors. S~te T~ G~de Indiana ~ 2~418 TI19703907
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21'02 io~ Ta~--~ ~ ~ ['~ ~19]': ~~Be~ ~e a~ment ~te ~d ~e ~g d~ (May 15) e~ch year the t~nship ~sse~or m~t f~ ~ pe~ whose pe~ pr~ is subject to ~e~ent wi~ a ~um. Per~ pr~ e~ ~ returns are due with ~e to--ship ass~or on or before the ~ng date (~ay I5) (Sees. ~1.I-1-7, 6-t.1-~6, ~1.1-3-~. [~20~19.1] Assessment, Revision ~d AppeM~The original asse~- ment is compiled by ~e township assessor subjec~ to supe~islon and re- new by the county ass~sor. A~essments are then subject to review by the coun~ board of review which is composed of the coun~ assessor, county auditor, county treasurer and two t~payers app~nted by the judge of the circuit court (Sees. ~1.1-15-I, ~1.1-2~1). Appeals from th~ county board of review may be taken to ~e State Board of T~ Commissioners (See. ~1.1-15-3). Decisions of the Bo~d regarding the assessment of prope~y may be appealed to the circuit or supe- rior cou~ of the county in which the property is situated (See. 6-1.1-15-5). [~ ~0~20] Collection~T~es are a lien on the prope~ from the date of ~sessment (See. ~1.1-22-13). Property taxes are due and payable to the county treasurer in two installments as follows: one-half on or before ~ay 10 and the remainder on or before November 10 (Sees. ~1.1-22-8, 6-1.1-22-9). So~cc.~Rcferences are to provisions of the Indiana Code of 1976, as ~ended to datc For details, see CCH Is~mN~ TAx R~o~ at ~ 20-000. II 20-421 Intangibles Taxes [~[20-421.1] Intangibles Taxable.--The following intangibles are taxable: (1) promissory notes, stocks in foreign corporations, ,bonds, debentures, postal savings certificates; equity in a brokerage or trading account; deposits of money; loan accounts; debt instruments with interest coupons; registered corporate securities evidencing debts; written instruments or certificates evidencing debts; written instruments securing unwritten debts; written struments evidencing exchanges of property when the ultimate transfer of title is intended; .written contracts for payment of money; and an in- strument bearing interest for thg benefit of the holder of.that instrument or the holder of another instrument (See. 6-5.1-1-1). (2) shares of capital stock issued and outstanding', and surplus of building and loan associations and credit unions * (Sees. 6-5-8-5, 28-2-1-32); (3) shares of capital stock of, and deposits in, banks, trust companies, and indus- trial loan and investment companies; shares of capital stock, surplus and undivided profits of, and deposits in, savings banks (Secs. 6-5-6-2, 28-5-1-23) ; (4) capital and intangible personal property of production credit associations (Sec. 6-5-9-4). Qualified credit companies may elect to pay the intangibles tax directly to the state on their deferred lease accounts, contracts, notes and mortgages (Secs~ 6-5.I-4-1, 6-5.1-4-2). Common trust funds are subject to intangibles tax. However, a common trust fund is exempt to the extent intangibles held in the fund represent an iwcestment by or on behalf of any entity that is exempt from the intangqbles tax (P. L. 261, Laws 1981 ;Sec. 30-1-8-6). • Although credit unton~ a~e taxed in the same manner as building and loan as~ciatlo~, Indiana credit unions are not ~ubJect to the share tax on financial in~dtuUon$ or the excise t~x o]z savings and building and loan associations, and deposltz of member~ ot Xndiana or fedecal credtt unions axe not subject to the intangibles tax, the share tax or the excise tax (P. T, ~ Lawz 1976). lndiono | 20~] 9 © lgsz, Commerce Clearing Hom~, Inc. TI19703908
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~ ~-~ ~:~ ~.--,T~ 2103 -5 _['~z0-4~] Exemptions.--The ~o~ow~ng are ~ ~ ~on (S~ .1-~I~5.I-~ : (1) in~n~ ~ne~ by, or held for ~e u~ and b~t of, any n~p~fit ~fion. insti~fion, foundation, ~sL or asso~on ope~fing ~clusive~ for ~Ii~o~, c~ri~le, edu~ona~, h~p~l, scientiflc~ fm~al, ci~ or ~me~ (2) a ~oration is ~empt ~ the ~t ~at ~ ~ is me.uteri ~ stock wrlt~n debt in~t~nts of ano~ ~oratlon, which is a ~rent subsidi~ of the ~empt co~oratlon; (3) an individuat whose household income does not ~ceed (4) that pa~ of the ~pital stock of a co~orafion invested in in~n~bies for which the intangibles ~ has be~n (5) employer's pension, stock bonus or profit-sharlng ~ush operated for the ~cl~ive b~nefit o~ his employees or ~eir bcnefici~ies ~d the prop~ ~d income o~ whi~ is c~mpt from fedc~ t~atlon; (6) the following ~vrsons ~e exempt, when not acfinff as fiduciaries: insu~n~ companies, msu~nce ass~iations, ~ndlana co~orations registered as ves~ent complies, banks, t~st companies, building ~d loan tions, ~1 loan ~d savings associations, ~d ~a~ty l~n and sa~ngs associations; (7) b~ke~ accept~c~; bank checks; d~ts; stock o~ a ban~, building and 1o~ ~soclation, ~ral loan and ~ngs ~s~ati~, ~a~ty loan ~d sa~ngs association, or an India~ corpo~tlon; interest in a par~ership, fi~ or ~sociation doing business in Indiana; insur~ce policies for life, heal~ or accidents; annuities; employee benefit plans ~d prog~s; court judg- ments; accounts deposited by agre~ent to sere ~ a compensat~g ~lance for ~ bank or t~st company loan or l~v of credit; obH~tions of the s~tv of Indiana; o~i~tions ~vmpt from state ~tlon by federal law; ~stal sa~ngs bonds; contacts for purch~¢ of r~ ~statv, lease of real estate with an option to purchase, person~ se~c~s, manufactur~ff, or processing merchandise; deposits or certificates of deposit in banks t~st companies in ~ndlada; in~glbles ~g a business situs outside the state; bonds issued in Indiana by or in the n~e o~ a county, to.ship, town, city, school co.option, state ~ducatlonal institution, state-sup~rted institution of higher feting, ~liti~l, municip~, public or quasi-pu~llc co~o~tlon or ~y, s~clal assessment or ~ng ~is~ict, or ~y author- iz~ ~y of ~y su~ o~zafions; d~t in~t~ ~at ~c issu~ after July 31, 1920, issued by or in the n~e of an Indi~ politlc~ subdivision issued to acquire, const~ct, improve or ~int~n public improvements, and payable from special assessments or special ~xes; and obligations a county, township, municip~ity, t~g unit or a public ~provcment assessment dlst~ct that arc v~ressly ~vmpt from t~; (8) aa in~i~ual is exe~pt to the extent the t~ is me~ured by notes so long as the i~ivldual o~s th~ notes and the notes ~e secured ~ a real estate mort~gv (P. L. 61, ~ws (9) any po~i~ o~ the equity held in ~ brokc~ge or t~d~g account that ~ 1~1) ; (10) p~y ~ the ~epa~t of R~~at (Sec~ 1~7-7-35, 1~7-~1) ~a propvrW m a redevelopment dist~ct (See. 18-7-7.1-36); e~dences of indebtedness of a consv~n~ district (S¢c. 19-3-3-10); bonds i~sued for mass transpo~ation pu~oses (Sees. 19-5-~27, 19-5-3-13); bonds issued for p~k ~d recr~tion purposes (See. 19-7~); p~p~y of, and bonds issued by, ~v state school bulldog authoriW (Sees. 21-~-1-~, 21-5-I~0) prope~y of educational se~ces foundation (Sv~ ~-11-2-7); proper~ of, and bonds issued by, Indiana Universi~, ~urdue Universi~, B~I State University and Indiana Vo~tionat Technical College (See. State ~ O~de Indiana 1 20-421.2 TI19703909
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~b~ ~ ~~ (S~_ ~13-7-12); a~ s~ ~~ (~ ~1-~(6) ). Building and loan a~iations and credit unions ~e Mlowed a credit for ~ i~ and ~bte p~sonal pmpe~ t~ ~id (S~. ~, ~7-1-32) while production credit ~s~iat~ons are allowed a ~edit for gross ~ncome tax~ paid (See. ~5-9-6). A credi~ is allowed ~ investment in the state Cor~rati~ ~ Innovation Development tn 1981, 19~ and 1~ (s~ ~ 1~15 f~ de~ls). [~20-421.~] Basis. The taxes are measured by the intan~bles and are based on taxable value (See. 6-5.1-2-2). The taxable value of an annual intan- ~ble is: (1) the dosing bid or sale price on the l~t market day of December in ~e reporting peri~ i~ the intangible is l~sted or traded on a reco~ized market; (2) ~e total time balance on the ~x~ution date ~n ~e year of execu- tion or the total t~me balance on the anniversary o~ the ~ecution date in each succeeding year if the intan~ble has a ~ace value and ~nnot be valued under (1) above; or (3) the amount determined by the depar~ent. The taxable value of a current intangible ~s the face value on the execution date (Sees. ~5.1-3-2, ~5.I-3-3). [~ 20-421.4] Rates.~Tax rates are as follows : (1) General intan~ble~ o~ 1% ~ o~ ~e ~able val~ of an intangible (See. @5.1-2-2) ; (2) Building and loan associations ~d credit un]ons~25 cents per year on each $I~ of the paid-in ~lue o~ capltal stock issued and outstanding; and 2~ cents per year on each $100 of the su~lus ot such organizations after cer- tain deductions and provisos (Sees. ~5-8-5, ~-7-1-32) ; (3) Banks, trust companies, ~d ~ndustrial loan and investmen~ com~nie~25 cents per year on each ~1~ or fractional pa~ thereo[ el sh~es of capital stock and deposits; 25 cents per year on each ~1~ or ~mct~onal part thereof of the value of su~lus and undivided profits of sa~ngs banks (Se~. ~5-@2, 6-5-6~, 28-5-1-23) ; (4) Production credit a~oc]at]on~2S cents per year on each ~100 of the sum of (a) the total pa~d-in value ot its shares of capital stock assued and out- standing (b) the total ~ounts, as required by the enabI{ng act ot congres~ of its rese~c account for bad and doubtful debts and its guaranty fund (c) ~he total amount of its undistributed earn{ngs ~d (d) the total amount of the unpaid balance of its loans outstanding, after deducting the total sum el (1) the total amount o~ the assessed ~lue el all real estate and tangible personal property owned by such assoc~atlon (2) the total amount o~ the unpaid balance ot ~ny loans outst~d~g which have been sold to or da~ couated w~th and are held by others, and (3) the total amount of cash o~ hand and in banks (See. ~5-9-5). [~20-421.5] Pefi~ Cover~Acc~. Taxes on general intangibles are b~sed upon an annual period and payable at the same time as the taxpayers annual ~oss income or adjusted ~ss income tax return (See. ~5.1-~1). Al- though the rates of tax ~or all other taxable intangibles are on an annual basis (Secs. ~5-@4, 6-5-~5, 6-5-~5, 6-5-9-5, 28-5-1-23, 28-7-1-32), reports and pay- ments are on a monthly bas~s (Se~. @5-~, ~5~5, ~5~-7, @5-8-6, ~5-8-8, ~5-9-6, 6-5-9-8, 2~5-1-23, 28-7-1-32). The statutes make no provision for a = The tax is gradually phased out with • =e~le= of ta~ reductions, as follov~: for calendar yeer ~ the tax Is .00233~; for 1983, .0(~; for 1~4, .002~; for ~ .001S3%: for :Lq86, .00167%; ~or :198% .00159~ for 1~88, .00133%~ ~or 19~9, .00tl'~o~ for 1990..001%; for 1991, fo~ 1992; .0(~6~: for 199~..0005%; for 1994, .00038~/5; for 19~, .00017%; and tor 1996 and there- after, the tax ~s elhuinated (See. Indiana II 20-421.3 © ~s:~, ¢o=m~ce cle.=~ Hour, ~n~. TI19703910
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definite ao:rtml date in the ca~.e of general intangibles, but the last day of eada eaJendar month is ~he accrual date for taxes on banks, trust companies, indus- trial loan and investment companies, building and loan associations, credit unions, and production credit assodations (Sees. 6-5-6-4, 6-5-6-5, 6-5-8-6, 6-5-9-6, 28-5-1-23, 28-7-1-32). [1120-421.6] Assessmeat Date.--The statutes make no definite provisions for assessment dates of the various'intangibles taxes except that any annual intangible listed and traded on any market shall have a taxable value equal to the value designated by the closing sale price or bid price of the intangible on that market as of the last market day of December. Current intangibles have a taxable value equal to the face value on the date of execution. Unlisted intangibles h~ving a maturity date o£ more than one year have a value equal to the face value of the document on the date of execution and thereafter on the anniversary date of. each succeeding year (See. 6-5.1-3-2). [I[ 20-421.7] $itus.--Tax situs of various intangibles is as follows : (I) General intangibles--at the residence or domie~e of the owner, or in the case of an intangible held in a trust, the residence or domicile of the fiduciary. The business situs is the place where the business is located (See. 6-5.1-1-7). (2) Building and loan associations and credit unions--at the business situs in the state (Sees. 6-5-8-5, 28-7-1-32); (3) Banks, trust companies, and industrial loan and investment eompanles-- assessed to the owners of such intangibles at the location of the businesn in the state (Sees. 6-5-6-4, 28-5-1-23); (4) Production credit associations--at the principal place of business in the state (See. 6-5-9-6). • [~ 20-421.8] Assessing Ottieial.--All determinations of value of general intangibles, other than those having an actual face value or those listed and traded on any market, are made by the Department of Revenue (See. 6-5.1-3-2). Taxes on banks, trust companies, and industrial loan and investment companies are computed by the county auditor (Sees. 6-5-6-10, 28-5-1-23). [~[20-421.9] Retums.--Returns describing intangibles subject to tax are filed along with the taxpayer's annual gross income or adjusted gross income tax return (see ~ 15-407, 60-411) (See. 6-5,1-6-1). Banks, trust companies, in- dustrial loan and investment companies, building and loan associations, credit unions, and production credit associations must file returns with their respec- tive county auditors on or before the 20th day of each month (Sees. 6-5-6-7, 6-5-8-8, 6-5-9-8, 28-5-1-23, 28-7-1-32). Qualified credit companies' reports are due monthly, by the 15th day of the following month, or quarterly, by the 15th of January, April, July and October (See. 6-5.1-4-4). [~20-421.I0] Assessment, Revision and Appeal.~Assessment is made by the Department o£ Revenue (P. I.. 61, Laws 1980; Sec. 6-8.1-5-I). Appeal is to the circuit court or superior court of the county in which the tax- payer resides or in the circuit court or superior court of Marion Connty (See. 4-22-1-2). [I[ 20-422] Collection.---The tax is paid at the same time as the taxpayer pays his gross income tax or adjusted gross income tax (see [ 15-409, 60-411) (See. 6-5.1-6-1). Banks, trust companies, industrial loan and investment com- panies, building and loan associations, credit unions, and production credit associations pay their intangibles taxes to their respective county treasurers on or before the 20th day of each month (Sees. 6-5-6-4, 6-5-6-5, 6-5-8-6, 6-5-9-6, State Tax Guide indiana | 20-422 TI19703911
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28-5-1-23, 28-7-I-32). QuaBfied credit ~~" ium~s ~ ~m~ due ~ ~po~ (S~. ~5.1~). ~~d~ ~ ~o the Indi~ ~de o~ I~ ~ ~ended ~ dat~ For see CCH ~A TAX ~ ~t ~ II 20-423 Public Utilities Special Provisions.--The distributable property owned or used by public uti]itles is assessed by the State Board of Tax Commissioners at 33~ of true cash value (Sec. 6-I.1-8-25). The assessed valuation is apportioned to the several counties and is then further apportioned by the county auditor among the several taxing districts within the county. The tax is due at the same time as the property tax (Sec. 6-1.1-8-34), with the exception of railroad car companies and interstate motor carrier companies. The Commission levies a tax on the property of railroad1 car companies and interstate motor carrier companies equal to the average levy in the state ~.nd certifies the tax "co the Department of Revenue for collection. (The 1980 rate is $5.715 per $100 of assessed value (CCH ImPAlA TAx RV.~'ORTER at ~ 20-470).) The Department of ~evenue is required to collect such tax on or before the following Decem- ber 31 (P. L. 66, Laws 1981 ; Sec. 6-1.1-8-35). Each utility is required to file an armual return with the Commissio~ on or before March 1, except railroad car companies and interstate motor carrier companies, which must file on or before May I (P. L. 66, Laws 1981 ; Sec. 6-1.1-8-19). Each year public utilities must file a statement with the auditor of each county in which the company's property is located (Sec. 6-1.1-8-23). A railroad company that provides service within a commuter transporta- tion district and uses electricity to power substantially all of its railroad passenger cars is entitled to a credit against the current property taxes imposed on the company's property, which the company is required to pay the Department before December 31, 1982. The credit equals the lesser of the amount of current property taxes on the company's property, which the ~ompany is required to pay the Department before December 31, 1982, or the total amount of current property taxes on the same property which the company pays during calendar year 1982 to • taxing unit or units which have imposed those property taxes for collection in 1982 based on March 1, 1981, assessment (See. 13, P. L. 67, L~ws 1981). [Expires January 1, 1983.] Source`mReferences ~re to the Indiana Code of 1976, as amended to date- For. details, see[ CCH INDIANA TAX R~eoa~m at ~ 20-000. 11 20-424 Navigation Companies Special Provisions.~All domestic navigation companies and all owners of commercial vessels registered in the state on May 1 annually pay a tax ot 3¢ a ton on the registered tonnage of all vessels in lieu of all other taxes. Returns are filed with the State Auditor on or before July 1 based upon owner- ship on May 1. The tax is payable to the State Treasurer (Secs. 6-6-6-2, 6-6-6-3, 6-6-3-7). Source.---References are to sections of the Indiana Code of 1976, as amended to dat~ For details, see CCH It~IAI~'A TAX Rat, oa'r~ at ~ 20-000. Indiana 1I 20-423 © lg82, Comm~c~ Clearing Ho~e, Inc. TI19703912
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| 20-425 IOWA [~ Z0:426.] P_n~ Taxablc~Al! pmp~, ~ ~d pe~, ~s ~bj~t ~ ~ ~I~ ~ly ~pt (S~ 427.13). ~, ~, ~d ta~b~ p~onal ~pe~ of ~i~ ]ns~tufions an~ star, chanced ~dit ~ons are ~s~s~ and t~ed ~ ~e institution or ~e~t union same manner and ~t the same ~te as such prope~y in the hands o~ vld~Is (See. 428.36). Co~orations not organized in Iowa ~d ~her non- ]nco~or~ted. entices en~ged in making loa~ or ~nvestments in Io~ on other ~an realty are subject to a moneys and credits ~ (Sees. ~0A.1, ~0A.3). Also, le~l and spec]al rescues o~ credit unions are subject to a.moneys and cr~its t~ (Sec. 533.~). • [~ 20-427] ,~,xemptions.--The following property is exempt from taxation: (1) property of the United States (except when taxation of such property is authorized), the state and counties, townships, municipalities, school dis- tricts, levee and drainage d/stricts or military companies of Iowa (See, 427.1). (2) public grounds and cemeteries; fire.equipment and grounds (Sec. 427.1). (3) bonds or other evidences of indebtedness issued by taxing districts (See, 427.1). (4) property of nonprofit associations o~'war veterans; property of cemetery associations (S. 1¢. 2369, Laws 1980; Sec. 427.1). (5) property of nonprofit public libraries arid art galleries (See. 427.1). (6) property, not exceeding 320 acres, used or under construction by nonprofit literary, s.cientific, charitable, benevolent, agricultttral, and religious insti- tutions '(See. 427.1). (7) money, credits, and personal property of nonprofit institutions and students therein (See. 427.1). (8) real estate owned by any educational institution as part of its endowmenl fund up to 160 acres, except that real property acquired after 1964 upon which income is derived is not exempt after 1966. If acquired prior to 1965 the property is taxable in'1974 (See. 427.1). (9) nonprofit homes for disabled war veterans (See, 427.1); property, owned by the ciaimant on July I of the. year for which exemption is claimed, veterans, thdr spouses or surviving spouse, their surviving widowed parent and of the minor children of deceased veterans is exempt up to.various amounts depending upon the military action in which they served (Sees. 427.3--427.6); personal property of servicemen who ente.r the militar~y~n time of national emergency, if used in making their livelihood, up to and a.ll persona! property not used whih in service (Sec. 427.1). (10) agricul.tural I~roduce harvested within one year; all livestock; tangible per- sonal property customarily located and used in or aboi~t the residence the owner, all wearing apparel and food used or to be used by the owner or his family and all personal effects; farm equipment to the value of $1,111; obligations for rent not yet due (See. 427.1). (11) government lands purchased, for the year m which purchase is made; publle airport sites (See. 427.1); rights of way for public roads, levees, and drainage (See. 427.2). (12) motor vehicles on which the registration fee ha~ been paid (See. 321.130). (13) property of nonprofit organizations providing low-rent housing for the elderly and handicapped (See. 427.1). (14) fraternal beneficiary funds; grain handled .(Sec. 427.1). (1~) goods ~tored ifi public warehouse for sale or resale (See. 427.1). (16) shares of stock of utility companies, express companies, merchandising cor- porat|ons, domestic manufacturers, foreign manufacturers havi,g their main office and principal factories in Iowa, and nonprofit corlmrafions (See. 427.1). St~t= Tax Gu~e Iowa ~"20-427 TI19703913
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2108 1~op¢~ Taxc~--Iowa (17) mobile homes a~d travel ~ers ~ the ~v~to~ of ~lers are ~mpt from p~nal p~pe~y t~ (S~ 13~. (18) Sn~n~b~ p~e~ h~d pursuant ~ p~sion, p~fit-sha~g, ~ployment comp~sa~on, s~ck bonus or otb~ retirement, d~e~ed benefit or employee weSf~v plan, i$ ~gt ~ ~ ~d ~ ~n~e ~x~ (S~. 427.1). (19) p~pe~ ~ a nonprofit ~o~fion dis~buting ~ selling areas (See. 427.1). (~) t~ble ~ersonal prop~ty in interstate cohere moving though or over Iow~ or ~nsigned to ~ warehouse while still in t~slt to a point outside Iowa (Sees. 427.1, 427.16). (~1) ~" install~ti~s of ~ter or dr pollution con~ol equipment ten y~rs be~nning ~anuary 1 fo~owlng construction or inst~latlon; ing pollution con~ol equipment is exempt lot ten years be~nning Janua~ I, 1975, ff considered or installed aher September 23, 1970; d~s, ~rthfil~, etm, creating a pond or rese~oir are ~pt ff located outside an incor- porat~ munleipali~ ~d not used ~or nonagdcultu~l ~come-produdng pu~os~ (See. 427.1). (~) c~l held in i~nto~ ~ be used for me~ane gas pr~ucfion or o~er ~ses, ~cept coal ~ned by utilities (See. 4~.I). (~) ~,~ exemption ~ ~Iowed ~ch ere~t ~ion (Ch. I~, ~ws 1979; Se~ A homestead credit ~und is apportioned annually so as to ~ve a tax credit to the owner of a dwelli~, which the owner ~pies for six monks or more in the year for which ~e credit is claimed. The credit is in an amount equal to the actual levy on the first ~,850 of actual ~lue for each homestead, with a minimum credit of ~2.50 (H. ~. 2072, ~ws i~; Sees. 425.1, 4~.11). ~sabled veterans are allowed the credit in an amount equal to the entire amount of ~e t~ levied on the homestead il the annual income of the vet- eran and his spouse does not exceed ~10,~. The ~edit may be continued to the unremarHed sullying spouse and any child o~ a deceased v~eran (See. 425.15). Persons aged 65. or older, s~iving spouses aged 55 or older and totally di~b1~ p~s~s are eli~ble for a tax ~edit or reimbursem~t the homest~d tax credit allowed all taxpayers if they are Iowa r~id~. (S~. 425.16, 425.17). ~e actual amount is determin~ as fo~ows: A Ii~ ~edJt or reimbursement (the higher of the following two amount) is first ~mputed (See. 4~.~) : P~t of Pro~ T~ Du~ H Ho~ or R~t C~Z Pm~ ~Id Income Is: T~ P~d ~owed ~ Cr~t Over Not Over or R~~nt $3,999.99 ..................1~% 5,9~.~ .................. 6,~ 6,~9.~ .................. 7,0~ 7,~9.99 .................. 30% 8,000 8,999.99 .................. 25% 9,000 9,~.~ .................. 20% II I[ the claim is for proper~ t~es due, and tha cl~mant's h~sehold income is less th~ ~,~, the tentative credit is $125, but not ~er the am~nt d prope~ t~es due (Sec. 425.23). ~e ~1 ~edit is determined by subtracting from the tentative credit the amount of the homestead credit which was allowed as a credit a~inst pro~ TI19703914
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er~ taxes due in the fiscal year ~I~ the ~se ~ ~ ~e ~m~ ~e ~t) ~s equ~ ~ the t~ta~e ~mbu~ent (~. ~.~). I~ ~, or rent consti~t~g pr~er~ ~, a~ ov~ $1,~, the amour ~ ~ due ~ ~ ~nsfi~ng pr~y ~ ~id ~s de~ed ~ be $1,~ (Sec. 425.~). Reimbursement da~ms a~ paid to the claimant ~ ~ before Sep~r 25 (Sec. ~5.19). T~payers are allowed a personal p~pe~ tax credit of not more than $I0,~ a~.nst assessed valuation per y~r. II the t~yer ~ns pe~onal property taxable in more than one county he may claim the credit ~ a propor- tionate part thereof in each county in Which the prope~y is situated subject to ~e $I0,~ limit (Secs. 427A.2, ~27A.4). Joint owne~ ~ personal property may not take the credit in ~cess ~ their propo~ionate o~ersh]p in the proper~ (Sec. 427A.5). In addition to the above ~rsonal property credit, an additional c~dit is ~nted against the assessed v~ue d personal property in an amount to be fixed annually * as determined by the Direct~ o~ Revenue and the Sta~e Comp~oller. This credit will be further in,eased for each tax year immediately following a tax year in whi~ the ~th s~te general fund revenue exceeds 5~. The amount o~ the addltional per- sonal property t~ credit for t~es payable in each y~r of the period be~nning J~y l, l~7,'and endln~ June 30, 1~, may not ~ceed the amount o~ ~e ~fion~ ~rsonal p~ ~ cr~it afi~ed for ~ payable in ~e fis~ beonning July. 1, 1976, ~d ~e amour of the additional credit for payable in the fiscal year beginning July I, 19~, may not exceed ~e amount of the additional t~ credit allowed for t~es payable in ~e fiscal year beginning July 1, 1979. After nine such increases all ~xes on personal pro~ erty are repealed (H. B. ~97, Laws I~0; Sec. 427A.9). An agricultural land credit fund is appo~ioned annually so ~ to Ove a t~ credit on each t~ct of a~cultuml land where the le~ for the general school fund exceeds $5.~ per $1,000 of a~essed value. The credit is the amount by whi~ the general sch~l fund t~ ~ceeds the ~ount o~ tax which would ~ levied on the land, excluding bu~dings ~d structures, i~ the general school ~ le~ f~ previous years ~ $5.~ per $i,~ of ~s~s~ value (Se~ 42~.~). Any construction of installation o~ a solar ener~ system or methane production system on property cl~ified as agricultural, residential, com- mercial, or industrlal ~ll not increase the actual, assessed and taxable values of the property for assessment years beginning on Janua~ I, 1979, and ending on ~ bdore D~em~r 31, 1985 (Sec. ~1~1). O~ers of real estate in revitalization areas are allowed to elect full or pa~ial exemptions f~ improvements which increase the ~tual value o~ the prope~ by at l~st 15% (or at least 10~ in ~e rose of r~id~tial r~Ity), or which, in the case o[ land upon whi~ is locat~ more than one build- ing and not ~ss~s~ ~s residenti~ prope~y, increase the actual, v~ue the buildin~ by at least 15% (or lesser percentages may be specified a d~ re~talization plan) (~. 3, H. F. 81, ~ I~9). Cities and counties may allow a five-year ~ial exempti~ o~ the actual ~lue added to industrial real estate ~y the new ~nstmction of indus~al real estate-~d the acquisition of or ~mp~vem~t to ma~ine~ and equi~ men~ ~sessed as real estate. ~e maximum amount elioble to be exempt is : 75~ in the first year; ~% i~ the second year; 45~ in the third ye~; 30~ * The additional credit authorlzed has been set at $I~5,~ for the tax year 19~0 by the Iowa Department ol Revenue (CCH 10WA TAX REPORTER at ~ 20-24~). State Tax Guide. Iowa 11 20.427 TI19703915
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2110 P~ T~_~--l~ ~a ~ ~ the fourth y~r; a~d 15~ i~ ~e ~h year. ~e ~emptlon for ~ c~ s~fi~ constituting compl~ ~pI~em~t ~ ~ ~s~g stmct~ may ~ result ~ ~e ass~sed value being re~u~ed beIow ~a~ a~ ~he s~ ~f ~e new tion has been reeeiv~ (Secs. 1~, H. F. ~0, Laws 1979). Ci~ are ~uLhorized ~ ~ve limi~ ~emp~s ~ q~ified r~l es~te in revitalization a~as (Sec. ~.3). The tax on lo~n agencies does no~ apply ~o eo~orafions or orgzniza- tlons ~empt under ~edeml law, insu~nce compani~ subject to the gross pre~ums tax, corpo~fions organized under Iowa l~w, production eredR asso- ciations, rural electri~cafion association loans or national and s~a~e ban~ (See. 430A.2). A deduction ~rom taxable capital is provided ~or ~e pro ra~ share o~ ~he indebtedness o~ loan agencies, limited to 80~ o~ the amount of capital employed in business in Iowa. ~e deduction is ~puted by the local assessor (See. ~0A.4). [~ 20-428] Basis.~ll proper~ is a~essed at 1~% of actual value, ex- cept that a~ieultural, residential, commercial, and industrial property and prope~ valued by the Department of Revenue ~11 be ass~sed at a perc~t- age of actual v~ue. A~cultural land will be valued on the basis of produc- tivity a~d net earning capacity. Property of railway commies is assessed at the ~me ~rcenmge of actual value as e~m~ial prope~y, industrial property, or pro~ valued by the Depa~ment, whichever is lowest (H. F. ~2, Laws 19~; See. ~1.21). Stocks of merchants and manufacturers are assessed at 1~ of awrage ~lue ~uring ~he preceding ye~ (~cs. 4~.17, 428.21, ~1.21). The tax on loan agenc[es is based on e~pital employed in the business of making loans or investments in Iowa (See. ~0~3). Forest and fruit tree reservations are assessed on a taxa.ble value o~ $I4.82 per acre (~c. ~1.~). The tax on credit unions is b~ed on legal and special reserves (See. 533.~). [~ 20q29] Rates.--The property tax rate, being a composite of all the legal levies applicable to its situs, differs in each locality. The rate is com- posed of the state, county, city, school district and special levies which are in effect at that place (See. ~.1). The ~te of the moneys and credits tax on loan agencies is 5 mills per dollar of capital (See. 430A.3). Real and tangible personal prope~ of loan agencies is assessed in the same manner as other such prope~y (Sec. 430A.6). The rate of the moneys and credits tax on crest unions is 5 mills per dollar of le~ and s~cial rese~ (See. 533.~). [~ 20-430] Pe~od Covered--Aec~M.~Property t~es in Iowa are paid in the year subsequent to that for which the levy is made. [$20-431] A~essment Date.--Personal pr~erty is assessed in 1~ and every two years thereafter in the name of the owner according to i~ value on Janua~ 1. Realty is assessed in 1981 and eve~ two y~rs there- aft~ according to its value on January I of the assessment year (H. F. 2597, Laws 1~; ~c. 428.4). iS 20-432] Situs.--Real estate is assessed at the place where located and personal prope~y is gene~lly assessed at the domicile of the owner (See. 428.8) except: (1) in the case of persons doing business in more than one district, property and credits arising from business activities in a district shall be taxed in that district ; (2) intangibles kept in another district the g~ater ~ of ~e TI19703916
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past year are taxable ~e.re; (3) stmres in ~ ut~ty and ~sunmce com- panies are taxable at their pri~dpal places o~ bus~,~ess; a~d (4) sp-echl provi- sions are m~de £.m" the situs o~ certain utility properties (Sees. 428,8) 428,11, 432'.1, et ~g.). [~ 20-433] Assessing O~cials,--Local assessments are made by the county or city assessor (See. 441.17) while the Director of Revenue assesses the prop- erty of utilities and-other inter-county operating companies (Sees. 433.1, et ~eq.). The assessor of the tax district in which a loan agency's principal place d business is located computes the loan agency tax (See. 430A.4). [~ 20-434] Returns..--The local assessments must be completed by May 1 (Sec. 441.30). During this time each person is required to supply the a~sessor with a list of his property (Sec. 428.1). Warehousemen may be requested, to file special reports with the assessor (Sec. 428.18). Public utilities and other companies ~hgaged in inter-county operations file their r~ports with the Director of Revenue on or before the following dates: railroads, .A_pHI I (See. 434.1); pipe line companies, April I (See. 438.3);. freight line and equipment companies, first Monday in June (See. 435.4); express companies, March 1 (See. 436.3) ; electric transmission lines, May I (See. 437,2) ; electric light and power companies, gasworks, pipelines, waterworks and street railway companies, May 1 (See. 428.28); telephone and telegraph companies, May 1, (See. 433.1). Organizations clain~,ng.exempfion for property of veterans' orga- nizations and religious, literary and charitable societies must file annual reports with assessors not later than February 1 (See. 427.1). On dr before'Ma.rch I, loa~z agencies file a statement with the' assessor of the tax district in wbAch their pr/nclpal pla~:e of business is located (Sec. 430A.I). [~] 20-435] Assessment, Revision and Appeal.wThe assessment is com- pleted not later than April IS (See. 441.28). The county board of review equalizes assessments (See. 441.35) and the Director d the .Department of Revenue must order the equalization of the levels of assessment of each class of property in the assessing jurisdictions every two years beginning in 1977 (See. 441.47). Appeals may be taken from the action of the board of review to the district court of the county in which such board holds its sessions (See. 441.38). Further appeal to the state supreme court is available (Ch. 686, Civil Procedure Rule No. 331). Appeals from assessments made by the Director of Revenue may be sought in accordance with the Administrative Procedure Act but, notwithstanding provisions of the Act, petitions for judicial review must ,be flied within 30 d~ys after the final decision of the Director has been certified to the County Auditor (See. 428.31). Further appeal is to the supreme court. [~ 20-436] Collecfion.~Taxes on real estate are a lien thereon from the assessment date and taxes on personal property become a lien on the taxpayers' real estate on ]une 30 of the year of levy (Secs. 445.28, 445.29). As between vendor and vendee the liens attach on June 30 (Sec. 445.30). No demand for taxes is necessary and it is the duty of every taxpayer to go to the county treasurer's oi~ce between the first Monday ~n August and September I and pay the tax in full, or the tax may be paid one-half then and the balance before March I (See. 445.36). The first installment of taxes is delinquent on October 1 and the second installment is delinquent on April 1. However, if there is a delay of the certification of the tax list to the county treasurer, the first State Tax Guide Iowa ~ 20--436 T!19703917
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2112 h~st~_Ilment is d~liaquent 30 days a~Cter the date of ce~6~ ~ Oc~b~ I, wbi~ev~ was later (Sec. ~5.37). in CCH ~w~ T~x ~ at ~ | 20~437 Public Utilities Special Provisions.--The operating property of utilities is subject to special provisions. Telephone and telegraph lines are assessed by the Director of Revenue and the value apportioned throughout the several counties. The board of supervisors of the county then spreads the allocation throughout the several taxing districts in the county and the property is subject to the local tax rate (See. 433.1---433.11). The c~perating properties of railroads (See. 434.1), express companies (See. 436.3), electric transmission lines (See. 437.2) and pipe lines (Sec. 438.3) are similarly assessed and taxed. Taxable property of telephone and telegraph companies (See. 433.6), railroad companies (See. 434.15), express companies (Sec. 436.8), electric transmission lines (Sec. 437.7) and pipe line companies (See. 438.13) is assessed at 100% of actual value (See. 441.21). Source.~Reterences are to Iowa Code, as amended to date. Details are reported in CCH Iow.~ T~.x RI~R't~ at ~ 20-000. | 20-438 Grain Handling Tax Special Provisions.--An annual excise tax is levied on persons handling grain equal to ~ mill per bushel, which tax is in lieu of all general property taxes on grain. Grain shall include wheat, corn, barley, oats, rye, flaxseed, soybeans and all other such products as are usually stored in grain elevators. The term processing shall not include hulling, cleaning, drying, or polishing. Every grain handler must file a return with the assessor between January 1 and 60 .days thereafter. The tax is collected in the same manner as personal property taxes are collected (See. 428.35). $oerce.--References axe to Iow~t Code, as .amended to date. Details axe reported in CCH Iowa T~a¢ Rz~oa~ ~t I[ 20-000. 11 20-440 KANSAS [~[ 20-441] Property Taxable.--All property, real and personal, is subject to taxation unless expressly exempt (See. 79-101). Intangibles are separately classified for purposes of taxation and are subject to a special tax (See. 79-3109). [~[ 20-442] Exemptions.---The following property is exempt from taxation: (1) Buildings used as places of public worship ~nd/or public schools, including furniture and books and the grounds owned thereby if not used for profit (See. 79-201). (2) Laud used exclusively as graveyards (See. 79-201c). (3) Real and tangible personal property used exclusively for literary, educational, scientific, religious, benevolent or charitable purposes (See. 79-201). (4) Moneys and credits belonging to public schools or to religious, literary. scientific, benevolent or charitable institutions or associations appropriated to sustain such institutions (See. 79-201). (S) Property of the United States, except property declaxed by Congress to be subject to tax; property u~ed exclusively by Kansas or any polltieal sub- division (See. 79-201a). Iowa | 20-437 © 1982, Commerce Clearing House, Inc. Ti 19703918
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~:,¢~.~, ¢-~---x~=,~ 2113 (6) Works, ~e~ a~ ~x~es ~ ~1 or, t~p w~ter d~t~c~; (~ ~ equipment, ~ncl~ buildings (Sec. 7~la). (8) W~ a~el (Se~ 7~1c). (9) ~e~e ~ ¢mer~n~ f~ds ~ ~t~al ~efit so~e~es (Svc. 7~201). (1O) ~o~cho]d ~ods and person~I ~c~ ~ot used to produce i~come 79-~1c). (11) Real and ~ng~Iv p~rsonal proper~ used only for hospi~l pu~oscs ~ ~n by ~onprofit co.option and all intangible proper~ of such co~o~tions used for such pu~oses (Scc. 79-201b). (12) Rv~ and tan~ble p~r~nal property used only for adult ca~ home or pri~te children's horny p~os~ if run by ~ nonprofit co.option and all ~ntan- ~ble property of such co~orations used £~ such pu~os¢s (Svc. 79~201b). (I3) R~I and tan~bl¢ personal proper~ used only for housin~ low income senior citizens, i~ financed by federal funds, ~n by a ~onpro~t corpo~- don and aH intan~ble property o£ such corpora~ used only for such pur~ses (See. 79~01b). (14) Real and tan~blc person~ property used only for housing senior citizens operated by a nonpro~ co~oratlon ~nd all ~ntan~b~e prop¢~y of such co~orations used ~or such pu~oses (S~c. 79-201b). (15) ~otes secured by receded mortgages on realty on w~ch mort~ges the ~stration fcc or t~ has been paid; all moneys, notes and other dences of indebtedness held by ~the t~ste¢ of a qualified t~st described in Se~ ~1, ~ or 501(c)(4). (5), (9), (17) or (18) o~ ~ Internal Revenue Code which is pa~ o~ a stock ~nus, pension or profit-sharing pl~ of an employer; ~or a disabled ~rson or a ~rson over 60 years age, the lesser of: (1) tax on the first $3~ of ~oss earnings ~om money, notes or other debts, or (2) the ~ount o£ ~ liability from m~cy, not~ and other debts reduced by th~ amount that the owneds income, including that of the ~ousc, vxceeds $12,5~; money, notes and other c~dcnces of debt excluded from t~ by the local gove~ng body; money, notes ~d other c~dcnces of debt. owned by ~y credit union (Se~ (16) B~ds and other evidences of indebtedness of the ~ate and ~ts pollti~ subdi~slons (See. (17) F~sonal p~opvrty moving through th~ state or cons~¢d to a ~rehouse ~ansas trom a point outside ~nsas in tran~t to a final destination outside K~sas (S~. 79-20H). (~8) Horses, cattle, mules and asses less than 12 months old, and sheep, hogs and goats less than 6 months old; hay a~d silage; farm stooge and drying equipment acquired or cons~ction of which is completed during 1977, 1978 and 1979 (See. 79-20~d). (19) Rcclalmed su~ace mining ~roperty mined p~or to 1~9, to the ~tent o~ the incr~se in value resulting ~rom recitation, is exempt for five years after recitation (See. 79-201e). (20) C¢~aln property contiguo~ to or donated in connec~on ~th erection ~intenance of a d~ ~ res~woi~ (See. 79-201g). (21) Buil~ngs o~ private n~proflt unlwrsi~ or colleg~ o~t~ as s~d~t b~Idings and student do~ito~s (H. B. 2873, Laws 1980; S¢c. (~) ~or t~ y~rs be~nning a~t~ 1979 through 1~5, ~y solar en~ system (S, B. 7~, ~ws ~e intan~bles t~ does not apply to stock or other evidence o~ ownership of national banks and banks located or doing business in Kansas, and all in- come ~erefrom, and to the stock or other evidence of ownership of corpora- tions holding" stock of a national bank or bank located or doing business in Kansas to the extent the income of such corporations is attributable to divi- dends received on such stock, and all income therefrom (Sec. 79-1113). ~e following Kansas residents are eli~ble for a pro~y tax refund wi~ r~ to ~es or r~t constituting taxes accrued : (1) ~sons who are disabled ; (2) unmated widows whose husbands died during marriage a~d who are at least s~t, w~ G~de Kansas ~ 2~442 T!19703919
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2114 :Prot0er~ ~ 53 years old in 1980, and 54 in 1981 (for 19~2 and thereafter, s=~ cl~m~nt may m.~e a da~m ~nd~ (3) b~ow); (~ a p~n, oth~ ~an a p~son in- clud~ ~der (2), who is at least 56 in 1~1, and 55 in 1~2 ~d therea~; or (4) a p~so~ o~ than a p~son i=dud~ in .(1), (2) or (3) abov~ ha~ng one or more dependent children under 18 r~ding in the homestead du~ng ~e ~lendar year ~mme~ately preceding ~e year in which a claim is filed (Sec. 79~502). The amount of any claim is computed as follows (Sec. 79~5~) : D~uc6~ ~om Clot's Hou~Id T~ ~d/~ Income Con~fim~ Pr~ At L~t But Not Mo~ Th~ T~ Ac~ed 0 $~,000 ........................................... ~,~.01 3,500 ..................... 1% o~ income over 3,~.01 4,0~ ............ $ 5 plus 2~ ~ income over 4,~0.01 4,500 ............ $ 15 plus 3% o~ income over 4,500~01 7,000 ............ $ 30 plus 4% o~ income over 7,0~.01 .............. $130 plus 4~% o~ ~ncome over When prope~y tax~ ac~ed, rent constituting property taxes (15~ of ~oss r~t) or ~eir sum exceed ~ ~ a household ~n any one year, the ~ount thereof ~s limited to ~ (Sees. 79~5~, 79-45~). For ~ y~rs 1978 through 1985, ~e o~er o~ a budding ~uipped before 1981 wi~ a qu~ified solar ~er~ syst~ or a b~l~ng to whi~ is a~ached • t~on equipp~ wi~ a q~lified solar ~er~ svst~ ~s ~fi0ed to a t~ reimburs~ ment ~f he pays the property t~ lev~e~ on the building or addition in one or more o~ the years during which the provis~on is applicable. The reimbursement equals ~5% o~ the tax pa~d on the building or addition in the first year ~n the period that the t~ ~s pa~d and ~5~ o~ the tax paid thereon the next succeeding four ye~s (~. 310, Laws 1980; ~c. 79~5a01). [~ 20-443] Basis~All property ~s to be appraised at its fair market value ~n money (See. 79-501). All real and tan~ble personal property is ~ssessed at 30% of ~ts ~a~r market value (Sec. 79-1~39). Debts owing ~n good ~aith may be deducted from credits (Sec. 79-303). Intangibles are taxed upon their gross earnings for a t~ year or years ending during the preceding calendar year (Sec. 79-31~). Special provls~ons ~or computing the average wlue o~ per- sonal property held as ~nvento.~ of merchants and manufacturers for taxation pu~oses are es~blished * (Sees. 79-1~1, 79-1005). In lieu o~ ~e prope~ ~ on a d~le~s invento~ of motor ~cles, a s~mp tax ~s ~mposed on ~e retail sale all motor vehicles sold by motor v~cle d~lers (see ~ 50-~3). A~c~l hnd may be ~lued on ~e basis of ~ agd~l~ral income or ~uctivi~ (A~. 11, Sec. 12, ~n. Const.). The fair market value ~or all farm maehine~ and equ~ent is the average loan value of such machinery and equipment in its m~el year of manufacture (~n~t~al value) reduced by 10% (~% in the case of nonpow~ed farm m~ne~ and equipment) of such value per year o~ a~ ~rom the model year o~ manu- facture, but not to exceed 80% of such ~al value (See. 1, ~. 373, Laws [~ 2~44] ~tes.--T~ l~tatlon provis~ons are outl~ed in Secs. 79-1905 to 79-1970. Persons owning money, notes or other evidences o~ debt during ~ The method of assessing merchants' inventory for personal property taXes is constitutional. Ken~a¢, e~ tel Miller ~. Dw~e~r. Dls~Ict Court o~ Shawnee County, Kansas, Fourth Division, A~gust ~. 19~ Kansas ~ 20-443 ~ 1982, Comm~ Cle~g House, ~ TI19703920
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~ tax year are taxed at the rate of 3~}~ of gross ea~ ~ such i~tmagl- bles. Such irrta~gibles are exempt from all other property or ad valorem taxes, except local taxes. Counties, cities and townships may impose local intangibles ta~es on money, notes and other evldenees of debt having a tax situs therein a~ ~-ates ranging from ~ of 1 ~, or any multiple thereof, to 2J~ ~b except ~ o£ 1% for counties (See. 79-,3109'). [~ 20-445] Period Covered---Acerual.--Taxes are for the calendar year in which assessed. [~ 20-446] Assessment Date.--All property shall be listed and assessed annually as of the first day of January (Sees. 79-309, 79-1412a). Intangibles are assessed on their earnings for the last calendar year (See. 79-3109). [~ 20-447] Situs.--Real and personal property is assessed in the taxing district in which located (See. 79-304). Intangibles are to be listed by tax- ~.y ers whether they are located within or without the taxing district o[ resi- nee (See. 79-3111). [~T20-448] Assessing Official.--All property, except public utility prop- erty and intangibles, is assessed by the county assessor (See. 79-312). Intangible property is assessed by the county clerk (See. 79-3114). ill 20-449] Returns,---Between each January 1 and March 1 (by April 1 for all eorI~ratlons and by April 15 for merchants' inventories) every person must file tangible persgnal property lists with the county assessor (See. 79-306). Intangibles tax returns are filed with the Director of Taxation on or before April 15 and secompany any income tax return which is due at such time. Intangibles tax returns of taxpayers whose property is assessed by the Director of Property Valuation (public utilities, etc.) are filed with such Director at this time. Intangibles tax returns are not required unless tax liability is $5 or mote (See. 79-3111). [~[Z0-4~0] A~sessment, Revision and Appeal.~Assessment of property is made by the assessing o~icers. The county board of equalization may, on and after January 15, meet at any time that the board may deem necessary and shall meet on the first business day in April for the purpose of equalizing and revising assessments of real property and on the first business day in May for the purpose of equalizing personal property assessments (See. 79-1602). Persons feeling aggrieved by the action of the county board of equalization may appeal to the State Board of Equalization (See. 79-1409). [~[ 20-451] Collection.--Tax lien attaches on the first day of November in the year in which the tax is levied (See. 79-1804). The tax is due December 20 or may be paid in two installments to the county treasurer, one-half on December 20 and the other half on June 20 next ensuing unless the full amount of real or personal property tax is $10 or less in which case the full amount of the tax is due on or before December 20 (Sees. 79-2004, 79-2004a). The intangibles tax is collected by the county treasurer and the sheriff at the same time as the tax on other personal property (See. 79-3114). Sourcec--Referenees are to K~ns~,s Statutes Annotated, as amended to d~te. Details • re reported in CCH ~ss~s Tsx R~o~rr~t at ~[ ~q~20. State ~ax Guide Kansas ~ 20-451 TI19703921
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II 20~452 Public Ufifities Spee~ Pzo~sions.---AH distributing property of heat, light, power, oil, gas, water or other commodity utilities is listed and taxed as real estate by the taxing districts i~ which such property lies (See. 79-422). The operative prop- erty of railroads, telegraph, telephone, pipe line and electric power companies is assessed by the Director of Property Valuation and is apportioned and certified to the local governments for extension on the county roils, and collection of taxes thereon is made by the local officials at the local rates in the same manner as other property (Secs. 79-604, 79-609, 79-704, 79~ZI0). The Director apportions assessed valuations of telegraph, telephone, electric, pipe line and water companies to the taxing districts where located as follows: first, an assessed value is assigned to land, vehicles, equipment, materials and supplies, and then all remaining assessed valuation is assigned in proportion to the length of lines according to'the average original cost of the conjunctive properties and their appurtenances (Sec. 79-Sa06a). Motor carriers * are assessed a state tax by the Department of Property Valuation at an average of the various state and local rates in lieu of other property taxes (rate for 1981 is ,T~.89f104 per $100 of assessed value) (See. 79-6a04). Railroad, telegraph, telephone, pipe llne and electric power companies and companies transmitting water to, from, through or in Kansas must malce returns to the Director of Property Valu- ation on or before March Z0 (Ch. 375, Laws 19~1; Sees. 79-Sa01, 79-5a02). Motor carriers must make returns to the Department of Property Valuation on or before March 20 (Sec. 79-6a02). $ourc~.~References are to Kansas Statutes Annotated, as amer~ded to date. Details are reported in CCH K.~sAs TAx R~I~ORT~ at ~" 20-000. | 20-453 Grain Handling Tax Special Provlsions.~For the privilege of engaging in the business of a grain dealer or ~or the privilege of harvesting grain there is hereby imposed a tax of ~ mill per bushel upon all grain received by a dealer or harvested in the state, which tax is in lieu of all general property taxes on grain. Minimum tax for the privilege of harvesting is 50 cents. Grain shall include soybeans, cowpeas, wheat, corn, oats, barley, kafir, rye, flax and all other grains, except grain after it has been milled or processed. Every dealer and producer must make a return to the local assessor at the same time, place ~nd manner that personal property is returned. The tax is collected in the same manner as personal property taxes are collected (Sees. 79-3901~79-3905). Source.~Rderences are to Kansas Statutes Annotated, as ameaxded to d~ate. Details are reported in CCH KA~TS.~S T~,x Rr.~o~zR at ~" 20-000. 1I 20-454 Transient Livestock Special Provisions.~Whenever livestock ordinarily maintained in Kansas is removed into another s~ate for a period 6f 30 days or more and thereby establishes a tax situs there, the amount of taxes assessed in Kansas shall be in proportion to ~he amount of time said livestock was actually maintained in Kansas. Livestock ordinarily maintained in another state shall be deemed to have established a tax situs in Kansas if maintain.ed in the state ~or 30 days or more, and the amount ot taxes to be assessed shall be in proportion to the amount ot time such livestock was actually maintained in Kansas. This provi- * Tax on value of Interstate licgnse held uneonstituUonal in Fe/te~t Tr~w/¢ Li~e I~.. ~ oE t~ $~ate Board o~ Ta= A~peals, ~t ~tL ('58), :183 Kan. 287, 327 P. 2d 836. Kansas I~ 20-452 © 1982, Commerce Clearhtg..Housc, Inc. TI 19703922
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20-454.1 Motor Vehicles See ~ 50-444 for special provisions regarding motor vehicles and trailers. ! 20-455 KENTUCKY [~ 20-456] Property Taxable.--All real and personal property including intangibles is subject to taxation unless expressly exempt (See. 132.190), The following property is subject to state taxes only: (1) accounts receivable by brokers o~ securities on marginal transactions (See. 132.050); (2) bank deposits (See. 132.030); money, notes, bonds, accounts and other credits, and shares of stock (other than banks and domestic life insurance com- ~3anles) (See. 132.200); ~ right or interest in a retirement plan (See. 2.043); and credit union savings accounts (See. 132.047); (3) machinery and products in course of manufacture including raw materials on hand; commercial radio, television and telephonic equipment directly used or associated with equipment broadcasting electronic signals but not including radio or television towers; (4) nonmunufactured agricultural products over the value or amount of any un- paid nonrecourse loan granted by the United States; (5) capital stock of savings and lo~m associations; (6) farm implements and "machinery used in farm operations; livestock and do- mestic fowl; (7) privately owned leasehold interest in industrial build!ngs owned and financed by a ta~x-exempt government trait or statutory authority; (8) property certified as an air, water or noise pollution control facility; (9) unmined coal and interests therein; (I0) certified alcohol production facilities (H. I~. 838, Laws 1980; Sec. 132200). [~20-457] Exemptions.--The following property is exempt from taxation: (1) property used for public purposes; public libraries; cemeteries (See. I70, Const.); (2) places used for religious worship, including parsonages, and the grounds not over ~ acre in cities and towns and not over two a~res in the country (Sec. 170, Ky. Co*~st.); (3) institutions of purely public charity; institutions of education not used for private gain (See. 170, Ky. Const.); (4) household goods of a person used in his home (See. 170, Ky. Const.); (5) crops grown in the year the assessment is made and in the hands of the producer (See. 170, Ky. Const.); 25 domestic fowl per family (See. 132.190). (6) shares of corporate stock in the hands of stockholders so long as the corpora- tion pays taxes to the state on at least 75% of its property wherever located (See. !36.030); (7) property or projects acquired by the- Atomic Energy Authority (See. 152.650); (8) county or city owned property leased or rented to an industrial concern (See. 103.285); (9) real property owned and maintained by a person 65 or older or who is classified as totally disabled under a program authorized or administered by an ~gency of the U. S. government or by the railroad retirement systean as his'home is exempt, except for speciM assessments, u~ to the assessed State ~ Guide Kentucky ~ 20-457 970.3923
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v~l~e of ~,5~. on the i~me ~z~:l ~ot~ razlt-y CH. B. I0~, L~ws Se~ I70, Ky. Const.). [$ 20-458]; Basis.--All property is required to be assessed at its f~ir cash value (Sec- 15~190). Upon application, agricultural or horticultural land will be valued at its agricultural or horticultural value (Sec. 132.450). [1[ 20-459] Rates.--The tax rate is the aggregate of all lawfu! levies. The state tax rates are as follows: 1. Real propertyI ........................................ 31~¢per$100 2. Money in hand, shares of stock, notes, bonds, accounts and other credits, secured or unsecured ....................................... 25¢ per$100 3. Unmanufactured agricultural products .................... 1~¢ petS100 4. Tobacco .................................................... I~¢ per $I{}0 5. Farm implements and machlncry ........................ 1/10 of I¢ petS100 5. Livestock and domestic fowl ............................ 1/10 of I¢ per $100 7. 1~achinery and products undergoing manufacture and raw materials on hand ...................................................... 15¢ per 8. Commercial radio, TV and telephonic equipment used for broadcasting ........................................................ 15¢ per $I00 9. Certified pollntion control facilities ............................ 15¢ per $100 10. Privately owned leaschokl interest in industrial buildings owned and financed by a tax-exempt governmental unit or statutory authority .... 1~¢ per 11. A11 other property ........................................... 45¢ per $100 12. The following classes of intangibles when a taxable situs outside Kentucky has not been established: a accounts receivable, notes, bonds, credits, nondomestic bank deposits and other intangible property rights created in business transactions sub- stantially performed outside Kentucky ................... 1~,~ ¢ per $100 b. patents, trade marks, copyrights and licens'mg and royalty agreements ........................................................ 1~¢ per c. shares of capital stock of affiliated companles and notes, bonds, accounts receivable and all other intercompany intanglblc property due from such company ......................................... ". ..... 1 ~,/~¢ per $100 13. Unmined coal and any irrterest there~n .................... 1~10 of 1¢ per $100 14. Distilled spirits (H. B. 972, Laws 1980) : a. for 1982 ............................................. $0.225 petS100 b. for 1983 ............................................ $0.1125 petS100 c. for 1984 and thereafter ................................ $0,001 per $100 15. Certified alcohol production facility ...................... 1/10of 1¢ petS100 (H. B. 838, Laws 1980; Sec. 132.020) 16. A right or interest in an individual retirement plar~ ........ 1/10 of I¢ per $100 (See. 132.043) 17. Credit union savings accounts (See. 13Z.047) .............. 1/10 of 1¢ per $100 18, Bank deposits (See. 132.030) ............. 1/1000 of 1% of amount of devosit 19. Right to receive income for life or an ur~determinable period (See. 132.215) ..................................................... I/I0 of I¢ per $I00 20. Indebtedness to brokers of securities (Sec. 132.050) ........... 10¢ per $100 21. Rolling stock (Sec. 136,120) ................................ $I petS100 z The Kentucky realty t~x rate shall be reduced to compensate for any increase in the aggregate a~essed value of re~11y to the extent tltat the inere~e exceeds the preceding year's ~essment by more than 4~. ~n. ~ year In which the aggre~tte a~se~sed value o~ r~.l~ Is less than In the preeed.ln8 year, the state rate will be l~cre~ed to the extent ne~ssary to produce the approxlo mate ~tnount of revenue produced the preceding year from realty (See. Kel1~UC~y ~ 20-4~8 © 1982, Commerce Clearing House, Inc. TI19703924
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~'~ =-~ ~,~"z~.~--~t,.=~ 2119 22. Li~e ins~rer~ d~c (S~ I~): b, ~ble ~se~ ................................... ~/10 of ~¢ ~er ~ ~ ~d ci~ ~ which the prin~p~ o~ ~ ~e ~surer is to~d ~y ~e a ~ ~ ~blc carrel ..................... I5~ per C~de pedicure is ~ for s~ p~cs ~t ~e ra~ of ~ of 1~ of market value. Counties may impose a 1~ t~ (Scc. 137.120). Personal prope~y of r~idcnts and nonresidents in its original pac~ge or ~ungible goods in bulk shipped into Kentuc~ and stored in a public ware- house for shipment out-of-state, or in-state for nonresidents, is subject to an annual t~ of 1~¢ per ~100 of fair cash value (See. 132.095). [~20-460] Pe~od Covere~Accru~.~Tax~ payable on September 15 of any year a~e based on ~e assessm~t made as of Janu~ 1 of ~at (See. 1~.020). [~0-461] Assessment Dare--All taxable proper~ shall be assessed as of January 1 of each year except bank deposits, unmanufactured tobacco and money in hand which are assessed on September 1 each year (See. 132.~0). The assessment dates for cities are as follows: first class cities, July 1 (See. 91.310) ; second class cities, July 1 ; third chss cities, fixed by ordinance; fou~h, fif~, and sixth cl~s dries, Janu~ 1 (See. 92.420). [~ Z0~6Z] 8itus.~ReM and personal prope~y having a t~able situs in K~tuc~ must be listed with ~e property valuation adminis~tor of ~e county where it is located (See. 132.~0~ The situs o£ intan~bles is at the residence o~ the real or beneficial owner. Nonresident' and ~orei~ co~o~fions' in~n~bles are ~ven a business situs in ~e state as ~ ~ the legislature may constitutionally do so (See. 132.1~). [~20-463] Ass~sing O~cial~The pgope~y valuation administ~tor assesses all prope~ within his coun~ (See. 132.420). Ass~ents of acc~ receivable, notes, stoc~ and bonds, where listed ~th ~e prop~my valuation administrator, may be reassessed by the Depa~ment of Revenue within five ~ears after the da~ m of whi~ &ey were msessed~ unless the ass~sed ~lue is the face value in the case of accoun~ receivable and notes or the quoted value of stocks and bonds or has been established by a cou~ of competent jurisdiction (See. 132.3~). Cities ~Kd towns are divided into six classes and provided ~ independent t~ng powers and have city ~essors (Sees. 81.010, 91.1~, 9~110, 92.120, ~.130, 92.5~). [~ Z0d64] Retums~T~payers must file thek returns with the prop- ~y valuation admi~strator between Janu~ 1 and March 1 (See. 132.~). Banks, t~st companies and real estate tire insurance companies file reports wi~ ~e De~rtment of Revenue on or before Feb~a~ 1 showing a list in~n~bles assi~ed (See. 132.520). Banks are required to file a report with ~e Department of Revenue on or before Sept~ber 21, sho~ng the to~l amount of their deposits (Sea 132.~). Credit unions file a re~ with ~e Department on or before September 21 showing ~e total t~able amount savin~s accounts o~ members ~ of September 1 (See. 132.~7). Brokers securities file re~s on or before M~ch 1 with the Depa~ment og Revenue showing the amount of securities ca~ed by them for residents o~ Kentucky TI19703925
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2120 I~--o,~-~'~xe~,--K~tue~ :,el ~-~ (See. 13"2.060). Domes~ l~e ins~ file ~s ~ ~e De~ent o~ Revenue by April 1 (See. 136.3~). R~s for ci~ ~es a~ due ~ follows : fi~t cla~, S~tember I (Sere 91.320) ; se~d d~s, Se~ember 1 (See. ~.~0) ; ~L~ da~, ~ed by ord~an~ (Sere ~.4~); fo~ class, ~st Monday in May (See. ~.4~); fiKh cla~, from Septem~r 15 to November 15 (See. ~.5~) ; six~ cla~, f~m July 1 to November I (Sec. ~520). [~20~65] Assess~nt, R~sion and Appe~Assessment is made by the property valuatio~ a~nistra~or be~een January 1 and March 1 (See. 132220). Valuations ~e based on fair c~h value and ~e subj~t to re~slon by the county board d ~sessment appeals. F~her a~eal is to the Kentucky Board of Tax Appeals and then to the drcuit cou~ in which the property is situated (See. 133.120). Assessment for city taxes is made by the city tax assessor. I= cities of the first, second, fifth, and sixth elates an appeal may be ~en to ~e city board of equalization. In cities of the third and fourth classes an appeal may be taken to the city board of supervisors (Sees. 91.4~, 92.240, ~.250, ~.2~, ~.270). Fu~her appeal lies to the courts (Sees. 91.4~, 92.~, 92.~, 92.530). [~ 20-46fi] Collection of T~. Tax lien attaches on delinquency date and exists for five years (See. 134.420). State, county and district t~es ~e due on and after September 15 following assessment and become delinquent ~anuary 1 following due date, except that taxes on unmanufactured tobacco, money in hand and bank deposits outside State become due on second sue-. ceeding September 15 following assessment. ~e t~es on motor vehicles become delinquent on December 1 (See. 134.020). ~e ~x on bank de- posits in Kentue~ is due on or before November 1 of each year (See. 132.030). Brokers pay ~x on ~e indebtedness of their customers ~ m~gin transactions and on the stocks, bonds or other securities carried for their c~tomers to ~e Depa~ment of Rev~ue wi~in 30 days after receipt of the t~ bill from ~.e Dep~ment d Revenue (See. 132.~0). Brokers may collect from the customers ~eir portion of the t~ so levied and a credit of 4% is allowed for their se~ice (S~. 132.~). ~e tax on ~e ~pital and rescues of d~estic life insurers is billed to each company by September 1 annually and collected directly by the Depa~ment (See. 136.320). The t~ on credit union savings accounts is paid by the credit union to the Depa~m~t on or before November 1 ~nually (Sec. 132.~7). Any t~payer who pays his state, c~nty, or district t~es by November 1 shall be entitled to a 2% discount (Se¢. 134.~0). The due and delinquency dates for city ~d town ~es are as follows: first cl~s cities, due Janua~ 3, delinquent May 1; second cl~s cities, due on,half ~uae 1, reminder Octo~r 1, delinquent July 1, and N~ember 1; ~ird cla~ cities, due June 1, delinquent October 1; rough cl~s cities, due July 1, delinquent Au~st 1 ; fif~ and s~th cla~ cities, lo~1 ordinance. Cities ~y pr~ide discouu~ for early payments (S~s. 91.430, ~.S70, ~.5~, ~.~0). Sober--References are to Kentucky ReUsed Statutes, ~ ~e~ded to date. Det~ls are ~ported in CCH ~z~cxY T~ ~m at ~ ~-~ ~d 25-~. Kentucky I 20-465 © 198Z, Commerce Clearing House, Inc. T!19703926
Page 96: TI19703927
! 20-467' Public Utilities Special l~ovisions.--Every pubfic service com1~uty * p;tys a ~r~c~se tax at current rates to the state and to the locality wherein it exercises its ~c~ise on the apportioned valt~e of its capital stock less the value of tangible personal property assessed in Kentucky. Tangible and nonoperating intangi- ble property is Mso taxed at current rates. The franchise and rollinG stock of refrigerator, tank and coal car companies and irregular route common carrier truck companies are taxed at the rate of $1 per ~100. Reports are ~iled annualIy between December 3I and March 31. The assessed value of tangible personal property is apportioned to the counties and localities in which the utility operates (Sees. 136.120--136.180). Thirty days after notice, state taxes are paid to the treasury and local taxes are pa~d to local officers (Sees. 136.110, 136.0S0). Source.---References are to Ker~tucky R.evised Statutes, as aaner~e_~ to date. Details are reported in CCH I~,E~TucKY TAX RE~IT~ at ~ 20-0~0 and | 20-468 Distilled Spirits Special Provisions.--Distilled spirits stored in distillery bonded ware- houses or bonded premises are assessed by the Department o£ Revenue. Reports are filed between ~Tanuary 1 and February 1 with the Department of Revenue. After the assessment is made it is certified to the county clerks who in ruth certify the values to the county, city, town, or taxing district for collection. In addition to the State tax, distilled spirits are taxed for county, school, town and city purposes at the prevailing rates of taxation on tangible personal property, except that in cities of the first'class the tax shMl not exceed $1.25 on each $100 of assessed valuation. All taxes on distilled spirits assessed while in a bonded warehouse or premises as of January 1 are due September 15 and delinquent January 1 after the assessment date. A 2~ discount is al- lowed if paid by November I (Sees. 132.130--132.180). Source.--References are to Kentucky Revised Statutes, as amended to date. Det~;Is are reporte~ II 20-469 Motor Vehicles See ~[ 50-461 for details of the special provisions regarding motor vehicles and trailers. | 20-470 LOUISIANA [~[ 20-471] Property Taxable.--All property situated in the state, except property expressly exempt from tax by law, is subject to tax based on as- sessed value (Sec. 4~ :1951). If ~ state ad valorem tax is levied it may not exceed an annum rate of S~P~ miIls per dollar of assessed value (Art. VII, Part II, Sec. 19, I.a. Const.). [1~ 20-472] Exetnptions.~The following property is exempt from taxation: (1) homesteads not exceeding 160 acres to the extent of $~,~00 of assessed vaIu~ (the homestead exemptiot~ does not extend to municipal taxes except that it does apply (1) in Orleans l~arish to state, general city, school, levee and levee district taxes and {3) to any municipal taxes levied for school puro * The tax o~x common carrier w~ter trsnsportatlon companies is unconstituUonal In its appll~- Uon to the Ohio River Co. A~;~b~t v. Okio ~Iver ~o. ('FD, 306 S. W. ~d 9¢ StateTax Guide Louisiana ! 20-472 TI19703927
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i~,o~) (A~ ,~, I..~ l~I; .4~:t I~. ~ I~; L~ ~t, ~. VII, (2) pubic F~ds ~n~ other public p~p~ ~ed for pubic ~os~ (3) proper~ o~ nonp~ rel~ous, ~et~, ~tabl~ hezl~, w~are, ~t~n~ (~) prope~ of lodg~ or club org~iz~ons; property o~ non~St trade, t~vnl or commerce p~mo~ng o~niza~on; property o~ a ~de, bus~ess, indust~ or pro~css[on~ associ~on i~ owned by a nonp~Bt co~m~on. (6) cash on ~znd ~ on dep~t. (~) stocks and bonds, ~cept bank stocks. (8) obli~tions secured by mortgage on ~ou~s]~na proper~. (9) lo~s by Ills insurers to policyholders ~ secured solely by their policies. (10) legal rescues o~ domestic l~fc insurers. (I1) loans by homestead or building and loan associations to members i( secured solely by stock of the association. (12) debts duc ~or merchandise or se~ces rendered. (13) obligations of Louisiana or its'polit]c~ subdE~sions. (14) personal property used ~n the home or on loan in ~ public place. (1S) bu6al plots held by ]nd~v{duals. (16) z~c~tu~ produc~ o~cd by the prodhccr, a~c~l machin~, structure, except a prlnc~pal rcsidenc~ (a~ ~s ~d a~c~tural ~r ~sociation prop~ty (Act 813, Laws 19~). (17) cultural, Mzrd~ Gras or c~ic property i~ used ~or nonpzoAt pu~es. (18) r]ghts-o~-~y granted to the State Department o( H~ghways. (19) boats .using ~sollne, commerc~ vessels garbing se~o~ for hu~n con- sumption, sh~ps and ocean going tugs and b~ges en~ged in inte~t~dnai trade domiciled in Louis]~a po~s. (20) motor vchlcles used on public h~ghwzys. (21) raw martials and art]des imposed into Lou~Mana from outside the U. S., so long as the impo~s remain on public proper~ o~ the po~ autho~ty or docks of any co--on carrier where they first entered Lou~a, or ~e held the original form in hales, sacks, cartons, or other ori~nal pa~aBes, or so long as ~e imports ~re held by ~n importer in storage in the o~nai Also, products held on the docks o~ a co--on cz~er for export to a point outside the continental U. S. (~) goods, commodities and personal property in public or p~te stooge moving in interstate co~crcc in t~nsit through or o~ Louisiana, which ]s in public or pr~te storage ~thiu Louisiana ha~ng been shipped thereto {tom outside the state for storage in transit to a fin~ destination outside the state, whether such destinat~on was spe~ed when trznspo~at~on begins or z~te~ard (~. Const., Art. ~II, Se~ 21). (23) new manufacturing establishments, or additions, up to pe~ods of ten years (water, ~r or no~se ~llution c~ntrol facilities of man~acmrers for the ~emp~on are a~essed at act~ c~h ~ue) (Se~ Const., Art. VII, Sec. 21). (T~ ~emp~on ~ .~n lieu o~ the income credit ~or the creation o~ new }obs. See ~ 10~75.) . (~) equipment attached to any owner-occupied r~ident~al bulldog or s~m~g p~I ~ p~t o~ a ~ ener~ sys~m (S~ 47:17~). M~c~palit~cs operating a manufacturing es~blishment in ~u~siana ~rc allowed a credit a~inst any ~x or comblnat~on of t~cs owed to the state or any parish, muni~pallt~y, politEcal subdivision or o~cr ~ authority b~cd on the ~ount of ~s u,sed ~n the opera'on o~ ~e man~a£tudng establishment in exce~ o~ 25,~ cubic (eet. A credit ]s al~ available to munici~lities ope~t- ~ng cleric g~em~ng plans (see ~ 1~5) (S~. ~ui~n~ ~, ~72 ¢ 19~, Commerce Cl~ Hour, TI19703928
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~{20-4~3]. Basis.---A_~ property is a~s~ at ~e ~p~pe~nt~f f~ m~rke~ or ~se ~l~e (S~ ~:19S7).. ~e~h~dise ~d st~k ~ ~ed ~ ~he ~vera~ inven~ v~ue ~ing the pre~ c~end~r ye~" (S~. 47:196I). Credi~ ~ ~sesse~ in ~e ~me manner ~ o~ per~n~ pmper~ redu~d, howler, for actual bon~ fi~e Ii~bili~ (S~ 47:1~2). Limited ~ f~n~ises are ~essed at a sum ~ual to the p~ce p~id ~efor divided by ~e number o~ years ~or which ~ch franchises ~re ~ (See. ~7:1973). Pl~nts and storage b~ses opeFated by ~u~ plants g~ed in the utilization of waste materlhls are ~mess~ble, until December 1980, ~t 25~ of ~ctual v~lue (See. 47:1975). Proper~ ~ubject to tax is li~ted on the ~ssessment ro~s ~t i~ assessed v~ue which, except ~or e~tain f~rm ~nd timb~ land, is ~ percentage of its f~ir m~ket value. Proper~ is ~messed at the following percentage of fair mzrket wlue: (I) l~nd, 10%; (2) improvem~ts ~or resid~tial pu~ses, elec~ic coope~tive properties, exeludin~ l~d, 15~; (4) publle prope~es, excluding land, 25%; ~d (5) other property, 15~. ~ualified farm, horticultu~l, m~rsh and timber land are amessed ~t 10~ of use value r~he~ ~han fair market wlue (L~. Const., Art. ~I, See. 18). [~ 20-474] Rates.~All p~per~, including ~able ~n~bles, a ~te equal to the agitate of ~1 lawful l~ies. [~ 20-475] Pe~od Covered~Aeeru~.~Taxes are for ~e year in which assessment is made (See. 47:2101). [~ 20-476] Asse~ent Date~Prope~y is assessed ~ o[ Janua~ 1, an- nually (Sec. 47:1952). Realty is asgessed at least every four years and personal prope~y is assessed every year (La. Const., Art. VII, ~c. 18). [~ 20~77] 8i~s~Real and tunable personal prope~ is assessed in the ~x district where situated. Mo~gage indebtedness and o~er evidenc~ indebtedness ~e t~able at the domicile of the holder or owner ~ereof. Notes, jud~ents, accounts and credits of nonresidents doing business in the state are t~ed at the business domicile in the state (See. 47:1952). [~ 20-478] Assess~g O~ci~.~The original assessments are made by the parish assessors generally (Sees. 47:190I, 47:1~3) and by the board of assessors in Orleans Parish (See. 47:19~). [~ 20479] Re~s.~Each t~payer is required to file a return of his t~able properW with the paHsh assessor by April 1, annually, except ~at in ~e Pa~sh of Orleans the return is required to be filed with the board o~ assessors within 20 days after the ~orm of return shall have been left at the tax- payer's domicile or place o~ business (See. 47:1956). In addition, individuals, companies, pa~nerships and corpo~tions engaged in ee~ain occupations are required to report to the Tax Commission and ~ve a complete description o~ taxable property owned (See. 47:1979). Assessors may deliver a sd~-r~ing fo~ to ~& owner of pro~, or personal, on or before February 15 in the year in which the prope~y is to be appraised. The property owner must complete and return the form to the assessor by April 1 of ~at year or 45 days after receipt, whichever is later (Act 6~, ~ws 1980; See. 2324). 8tat~ T~ G~de L~isiana ~ 2~479 TI19703929
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[~26-4~] Assessment, Revi~on and Appeal.--~se~-ments in ~ The T~ ~mm~ss~on ~a~ app~ls ~ boa~ of renew ac~ (Sac. 47:~). Judi6al renew o£ T~ ~ssion decisions are ~ to the ~ t~ cou~ (See. 47:1~). [~ ~481] CoBee~--The t~ becomes ~ ~en upon ea~ specific pie~ of real ~tate ~sed from ~e day the assessment roll is filed in the pa~sh reeordeFs o~ee and becom~ a legal mo~ge after December 31 of ~e current [Th~ ~ext ~e M 215&] Louisiana ~ 20-480 © 1952, Commerce Cle.a~ House, Inc. Ti19703930
Page 100: TI19703931
year for the payment o[ the tax dtte {Sec.. 47:1993). Taxes are payable to the parish sheriffs aaxd to t_he Tax Commission for the City of New Orleans (Sea:. 47:2051). Taxes are due a~z soon as the tax roll is flied in. the office of the recorder of mortgages and must be paid on or before December 31 annually (See~ 47:2101). Taxes for Orleans Parish may be paid in two equaf~nsta11- ments during ~anuary and May (Sec. 47:1997). Som~e~--Referefices ~re t~ Lou/siana 11erased Statutes of 1950, as amended t~ Details are r~ported in CCH Lomsm2~A T.~x Rm~rF.~ at ~" 20-~0. 11 20-482 Public Ufil|ties Speclal 1>rovlsions.--The Tax Commission is required to assess the prop- erty of gas and oil pipe lines, electrical transmission lines, water and gas dis- tribution systems, railway, telegraph, telephone, sleeping car and express busi- nesses on the basis of returns which it may require of the owners or operators of such. businesses (Sec. 47:1979). Railroads operating within the state file a report of the cfir mileage made by" the cars of nonresident persons over their rails within the state during.the preceding year, on March 1 (delinquent, April 1). (Sec. 47:1986). The movable personal property of public utilities whose lines, routes or systems lie partly within and partly without the state is assessed in the ratio which the number of miles of the line within the state bears to the total number of miles of the entire line (Sec. 47:1984). The real property of public utilities is assessed by the Commission and certified to the parishes where such property is actually and permanently situated (Sec. 47:1981). Assessments are apportioned and certified to the various parish of mtmicipal taxing authorities for c'oIIect.ion in the same manner as other real and personal property taxes (Secs. 47:1981, 47:1983, 47:1984). Special Provisions.--The Tax Commission is required to appraise public service properties on or before September I of each calendar year, based upon each company's annual report (due April 1) showing property it owns or uses as of ~anuary I.. All taxable immovable, major movable and other movable public service properties ~f a company that is nonoperating or nonufility must be appraised and assessed by the local tax assessor (Act 602, Laws 1980; (Sees. 47:1852, 47fl853). Public service companies include: airlines, electric membership cot~oi:gtions, electric power companies, express companies, gas companies, pipeline companies, railroad companies, telegraph companies, tele- phone companies, water cbmpanies, barge lines~ towing companies, and private car companies (Sec. 47:1851). Land is assessed at 10% of hit market value, electric cooperative t>roperties are assessed at 157b of fair market value, and all 0.ther properties at 1.5% of fair market value (Act 602, Laws 1980; (Sec. 47:18S4). The appraised value of all lands owned by the company in the state is deducted from thetotal apprai.sed value of the public service properties and shall be assessed and shown'as a separate item on the tax rolls (Secs. 47:1853, 47:1855). The Commission allocates the assessed valuation of each company among the local taxing units for the-purpose of taxation by local taxing units in this state. The Commission .also apportions the appraised value of the prop- erty that is assessed in this state with.respect to any company operating both inside and outside Louisiana (Sec. 47:1855). Source~-Reference~ are to Louisiana Revised Statutes of 1950, as amtmded to d~te. Details are reported in CCH LOUI$IAI~A TAX ~'OItTER ~.t ~ 20=000, 80-000. State Tax Guide Louisiana 11 20-482 Tl19703931
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! 20-~85 [~ z0~486], Property Taxi--All mob[le homes but n~ induing (S~. 5~, 5~1, ~). [~20-487] Exemptions.--The following property is exempt from taxation: (1) property o[ the United States (to the extent prescribed by federal law), the state arid municipalities including certain municipal reservoir proper~, airports and structures and sewage disposal property (See. 651). (2) property of nonprofit religious, educational, literary or scientific (except ent- ployee housing), benevolent or charitable corporations (See, 652). (3) property owned and used by a religious society as a parsonage to the value of $20,000, and personal property to the value of ~000 (See. 652). (4) vessels built, undergoing repairs or construction in Maine on April I owned by nonresi~dents; pleasure vessels and boats in Maine on April1 owned by nonresidents and left. in Maine for repair or storage unless regularly kept in Maine during the preceding year; property located and taxed in another state or country; vehicles exempt from excise tax and registered snowmobiles; farm machinery used to produce hay and field crops to the aggregate market value not exceeding $10,000, excluding motor vehicles (Sec. 655) ; water and air pollution control facilities (Sees. 655, 656); all bee- hives; the average amount of personal property constituting stock in trade obtained as a trade-in for property sold in the regular course of business if a sepaxate inventory of the traded-in items is maintained (See. 655). (5) mines in process of development, but only for 10 years ~ter opening (See. 656) ; property in interstate transportation or held en route to a destination named in a through bill of lading (See. 655); pipe lines of companie~ supplying towns with water free of charge to put out fires (See. 656). (6) property owned and occupied or used solely for their own purposes by benevolent, charitable, Hteraxy and scientific institutions~ veterans' org'sniza- tions, chambers of commerce or boards of trade in Maine; property owned by or held in trust for fraternal organizations, except college fraternities, crating under the lodge system for use solely by such organizations; property [eased .by. an.d u.sed solely by an incorporated charitable organization exempt trom tetterat income tax operating a licensed, hospital or blood bank (See. 652). (7) landing areas of ~.pproved privately owned airports the free use of which is granted to the p~thlic (See. 656); estates of blind persons up to the value of $3,500; the estates of Indians who reside on tribal reservations ~; residential realty to the value of $3,000 o[ Maine inhabitants who are blind and i( they are not receiving the above exemption for estates o[ blind persons (See. 654); radium used for medical purposes (See. 655). (8) property o£ aged or disabled veterans, their unremarried widows and mothers or minor children, to the value of $4,000 ($40,000 ~[or paraplegic veterans or unremarrled widows of such veterans) so long as the property has a tax- able situs at the place of residence. Inl licit of the above, property o£ aged or disabled veterans who served during or before World Wax their unrema.rried widows and mothers or minor children, is exempt to the value of $6,000 so long as the property has a taxable situs at the place residence, including property held in joint tenam:y with a spouse (Se~ 653). (9) honsehoid furniture, including television sets and musical instruments; wear- ing apparel; farming utensils; mechanics' t~ols (See, 655). (10) property conveyed between husbands and wives of veterans and servicemen for the purpose of obtaining exemption from taxation (Se.~. 653). 1The exemption for estate~ of Indians residing on tribal reservations is scheduled to be abollahed when the L~nlted States enacts legislation extingulsh~ug aboriginal land cl~In~ and derlvat~ve clalm~ o~ Indic.us In Maine and dlscharghlg all ctain~ Ln pending lltlgatlon b~ought by the United State~ against M~[ne on behalf o~ several Tndlan nations and trlbe~ (See. Laws ~|ne TI197039.~
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tural prodaee and fo~t p~ducts; ~d Hve~ ~du~ng ~ unions (Tit. ~B, S~c. 833). (14) solar ~¢r~ equ~t ~ed ~ ~ p~m~ ~ a~H~ ~r syst~ water or spaCe heating, dffect~e f~ five years ~om the date of instal~- ~on (See. ~6) [~ti~ until J~u~y 1,1~], • ~dept items used for industrial or c~erd~ pu~ses, and vehicles, camp ~ail~s and wat~cmft not subject to ~ ~e ~ (See. 655). M~ine r~idents who are 62 or older, unmated pe~o~ who are or older and recei~ng fede~ dis~biRty payments, and ma~ed pers~s age 55 or older if both are recei~ng federal d~sabili~ payments, who o~ or rent a homestead in Maine and whos~ hous~old income for the calendar year f~ single member households is n~ ov~ $5,~ f~ 1~ and ~,~ thereaft~ or ~ot over ~,7~ for 1980 ~d $7,~'thete~t~ for claimers of households ~ ~o or more members are entitled to ~x relid. Claims are llmited m the amount by which pr~e~ t~ acc~ed, or r~t co~tltu~ng prope~ tax~ accrued (25% ~ ~s r~t paid), ~ the.claimant's homestead. No claim le~ ~an $5 or ovg~ $400 will ~ ~ (~ 535, ~.1981, 3rd Sp. S~s.; ~2, Laws 19~; Secs. 6103, 61~, 610~iI~. " " . . [~ 20~88] .Basis~All prope~y is required to be asse~ed at its just value in compliance with ~e laws o~ the s~te (See. 201). Vessds and barges ~her ~ steam bffrges are taxed on an appraised ~ue o~ ~0 per ton, ~o~ ton- nage, for n~ vessels and decreasing one dollar per year until 17 ye~s old, at ~nd-after w~ time they are t~ at ~ ~r t~ (S~. ~). The-~lue o~ l~d classified as ~a~land or opt. s~ce land is b~ on its produ~ivi~ value (Secs. 5~, 1105, 1.108).. [~ 20-489] ~ates.~All property is taxed at a ~te equal to the ag~e~te o~ all lawful levies. A tax is levied in the U~nco~o~ted Territory Tax Dis- trier at a rate based on the municipal cost component established by ~e Le~ lature (Sec. I~2) ..... [~20~g0] PeHodCovere~Ac~al. T~ ~e for the cu~ent" year'in which ~ullectd~. [~ 2~91] Ass~sment Date.~AIl prop~Ry, real dnd personal, is ass~s~e~ for Unorganized Te~to~ Tax District, city and town ~es as ol April I (Sees. 502, I~2). [~20-492] Sims.~Real estate shall be a~sessed.in the place where situated (Sec. 553); Personal proper~ wi~ cer~n ~ceptions (see below) sh~l be t~ed to the o~cr ]n the place where h~ resides (Sec. ~). Excew fions to the general ~le ~0r assessing personal prope~y: (1) personal ~ ~ployed ~ t~de, in ~e erection o£ b~I~ngs or vessds, or in ~e metric a~s is taxed in the place where employed; (2) potable mills, store and o~ce ~ures, pro~csslonal libraries and ~ppara~s, coin-operated vending or amuseL ment devices, boats not 'used in tidal w~t~s, ~mp ~aile~s' an~ tele~sion and ~dio ~an~mitting equipment are taxed where situated; (3) personal property dwned by nonresidents is. t~ed to ~e o~er or occupie~ whe~ situat~ (See. ~3). S~te ~ G~de Maine ~ 20~92 TI 19703933
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['~ 20~93] Assisting O~idaL--Tbe assessors sh~__1 ~ ~ m~ ~ a~d thor due ~p~ o[ a~ ~ or ~n~ t~ (S~ ~). ~e S~ T~ Ass~ sh~l det~mine ~e ~l~e ~ p~e~ ~ ~e Uno~niz~ Te~ fi~ T~ Dis~i~ (See. I~). [~ 2~494] Rate--Upon n~ce by ~e ~se~or, t~ye~ ~e required to ~mish lists of proper~, reM and personal, of which th~ were possessed on ApHl 1 to ~e assessor. Failure to ~mish su~ list bars ~e fight to make application for abatement (See. 706). [~20-495] A~essment, Revisi~ ~d App~l.~The ass~s~ ~d ~e chief assessor of a pfima~ assessing ar~ asse~ all property, real and per- sonal, recording separately the land value, ~clusive of buildings (See. 708). The assessors, wi~in one year from the assessment, may make ~bate- ments (See. 841). Derisions of asses~ and local boards of assessment r~tew may be appealed to the S~te Board of Assessment Review (See. 8~). Appeal from a decision d the S.t~te B~ d Assessment Review is to the Superior Cou~ d the coun~ where the petitioner resides or has his principal place of bus~ess, where ~e State Board has i~ prindpal o~ce, or where the activity or ~o~rty ~at is the subject of the proceeding is l~ted (Se~ 11~). App~l is to the Supr~e Judidal ~ (See. 11~). The Bureau o~ T~ation equalizes s~te and county t~es am~g the (S~. ~2). The ~nd Cl~sification Appeals Board hears dete~inafio~ of assessors, c~ef assessors and the State T~ Asses~ made under the tree ~owth and the f~ and open space ~ (Ch. ~6, ~ws 1980; Sec. ~I-B). . [~0-495] Eo~ectlon of Tax.~A lien to secure the payment of taxes shall continue ia force until the taxes are paid (Sec. 552). Tax is pay- able on a date fixed by the town to the town collector. Interest not to exc~d 8~ ma$ be collected after dat~ fixed by the town and discounts not to exceed 10~ may be allowed before specified dates (Sec. 505). The Unorganized ~t~ T~ Dist~ct t~ is due before October 1 (Sec. I~2). 8ou~ce.~Ref~rences ~e to Title ~5, ~aine ReUsed Sta~tes, 19~, as amended to date. Det~ls ~e r~po~ ia CCH ~a~ T~x ~ ~t ~ 11 20-497 Public Utilities Special Prov/sions.--Land, buildings and microwave or similar towers owned by .a telephone or telegraph company are taxed in the municipality or unorganized territo.ry in which they are situated. The excise tax on gross receipts is in lleu of pi6perty taxes upon all other property of such companies (See. 2689). An excise tax, together with the tax on buildings and lands, is in place of all taxes on railroads and their realty (Secs. 551, 2623). The gross receipts tax on parlor car companies is in lieu of all local taxation upon the cars and equipment of such companies (See. 2572). Other utilities are subject to lo~al assessment in the same manner as other property. Source,--References are to Title 36, Ma'me-Revised Statutes, 1964, as amended to date, Details are reported in CCH M^n~E TAX RE~o~'r~ at ~[ 80-000, | 20-498 Forestry District Special Provisions~--For fiscal 1980-81, a tax of 21.3¢ .~cr acre is assessed upon all taxable land in the Maine Forestry District, including fights in public reserved lots. The acreage as determined by the State Tax Assessor will be the basis for the computation and apportionment of the tax assessed. The Maine 1I 20-493 © I~2, Comm~rc~ Cle~'~ Ho~, ~ TI19703934
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~a ~-~ ~. ~ 2t59 • St~e Tax ~esoorwi]I ~leterm~e the ~o~t ~ ~e ~ due ~ the un~n~ ~. F~ fis~ 1981~ ~d ~e~r, the M~ine Fo~ D~ct ~ ~Jcbe ~se~e~ ~ on ~1 t~Ie p~pe~ ~ ~e D~st~ct. ~e ~ ~. be ~s~ wi~n each m~b~-m~ci~li~ ~ ~e unowned t~ ~llbe de~e~ b~ mu~pI~n~ ~e ~1 dls~ct t~ ~ be ~ised bT ~he t~1e a~e ~ ~ch ~wn ~ ~e unor~iz~ ~" ov~ ~e to~ ~ble acute in the D~t~cL ~e ~ ~s duc 1~0; Sec. 1~1). S~e~e~nces are to Title 12, Maine ~e~sed Statute," 1~, ~ amended to dst~ De~h ~ r~e~ in CCH M~x~ T~ R~ ~t ~20-499 Tr~ Gro~h Tox " Speci~ ~o~sions.~The t~e ~w~ t~ ~ppHes to ~t Ic~t 10 acr~ o~ ~or~st Isn~ (Ch. 517, ~ 1~1; ~. ,57~). ~e S~te bT ~d pr~uc~ ~te, appHcsb~ s~m~ge 576). Ar~s ~ th~n for~t ]and w~thin any ~rc~ ~ the b~s ~ f~r market ~lue (S~. 57~, The ~lu~s ~e ~just~ according ~ ~e cu~entiy ~pplicable as~m~t ~o ~ unionized te~ito~ (Sec. 578). Re~u~ed vaI~ sppli~ I~ W~uc~i~ ~ On .~ich ~ have ~en ins~ (S~. 5~,. A ~epo~ m~t ~ fi~ bT ~e ~n~ ~ th~ ~ate T~ Kss~s~ Q~ ~ b~ore Ap~l 1 o~ ~he y~r in which ~e ~d first, b~om~ subj~t ~ ~ ~ ~ ~aluatlo*n (~. ~, ~ .I~; S~. 5?9). S~c~Referen~ ~e to ~tle 36, Maine Re~se~ S~mtes, 19~, ~s ~mended to dste. De~ls ~e reported in CCH M~ss T~ ~ at ! 20-500 ~ MAR:YLAND [~20-501] Property Taxable.--The ./ollowing property is subject to assessment to the owner, except shares of stock, which: are assessed to the issuing corporation (See. 8) : . (1) real property in Maryland including, to the fullest extent possible, property owned or le~sed by the United States; (2) tansible personal property in Maryland including, to .the fullest extent possible, property ownedor., leased by the United States; (3). ~ shares of stock .in domestic corporations, other than airline or air freight companies, subject to the jurisdiction of the Pt~bllc S~rvice Comxr~ssion or shares, of stock in any domestic oll plp6 line ~ompany operating an oll pipe • lithe in Maryland; . . (4) op~eratlng l~rop .erty in Maryland of railroad?, dontr~c, t.~ar.ri.ers, a,n.d.:persons nrms engageu in interstate commerce suoject to zeuera~ jur~solcuon, excep~ nonresidents' mobile operating property not permanently located in Mary- land; (5) operating property in Maryland of publi~ utilities and certain transportation property, except nonresident motor vehicle carriers' mobile operating prop.e~ .not permanently located in Maryland; . (6) stock in business of m'anufactuHng or commercial firms; (7) leaseh61ds, as follows: (a) interest'of a tenant under a 99-year lease of real property, whether or not renewable, or under a" lease for a shorter term which is perpetually renewable; (b) interest ~f a life tenant or the owner of any other freehold estate in real or tangible personal property; (c) interest of a mortgagor or grantor under .a deed of trust in real property; (d) interest of a mortgagor, pledgor or conditional sale vendee in tangible personal property; (e) interest or privilege of any lessee, bailee, agent or other person in possession of or using real or personal property owned by the federal or state government which .is leased for use in connection with a business conducted for profit, with certain exceptions. St*re T~ G~de /~orylond ~ 20-50~ T119703935
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county and dry taxation: Real aad Pex~onal Pr~per~ (Se~ 9) 1. Pt~erty of the U. S., Marylaad sad t~eir p~litleal subdivision, agencies and instrnmentalit~es devoted t~ governmental use. 2. Property owned by a religious group used for religious worship or tional purposes. 3. Cemetery and mausoleum comlyany property. 4. Property of nonprofit hospitals and asylums, but not exceeding I00 acres of land, or property of nonprofit c~aritable, fraternal or sororal, benevolent, educational or literary institutions including public libraries and women's dubs. 5. Property of national veterans' organizations. 6, Homes and lots ¢Twned by residents who are 100% permanently disabled veterans, or owned by the uoremarded widow of sucl/a veteran. 7. Homes and lots to $6,000 in value of a permanently blind person or his unremarried survi~ng spouse. 8. Prof~rty of incorporated, nonprofit l~storical societies, museums or ac~em~e$. 9. Property of the Boy Scouts and Girl Scouts of AmerCes. 10. Property of nonprofit, incorporated fire companies or rescue squads; land owned by a nonprofit incorporated fire company or rescue squad in its advanced land acquisition program. |l. Operating property of railroads, express or transportation companies, parlor c~r and sleeping car companies is exempt from state tax only if the co, n- puny [s subject to the franchise tax on gross receipts (see ~80-500). 12. Property owned by The Nature Conservancy. 13. Property of community, nonprofit water systems owned by local rusldent~. 14. Realty of certain exempt taxpayers engaged solely in building, operating and managing nonprofit multi-family residential structures and related facili- ,tles, subject to approval by the local governing body; however, a payment iu lieu of state and local taxes is required. |$. Realty of nonprofit housing corporations making payments in lieu of taxes. Maryland Penumal Property (Sec 9A) 1. Property~ of domestic corporations whose shares are taxable in Maryland; property of savings banks, savings institutions or corporations and credit unions having no capital stock; and pr6pert~ of commercial banks, safe deposit and~rnst companles or finance corporations used directly for the purposes for which the bank, company or corporation was formed. 2. The following property used in manufacturing: tools, implements, machinery, manufacturin~ apparatus or engines; such property is subject to county tax at varying percentages of total assessedvalue and may 5e subject to mu. nicipal tax. 3. iV~an~facturing inventory is subject to county tax at varying percentages oi total assessed value and may be subject to muni~ipal-ta~ 4. Commercial inventory is subject to county taxation at varying percentages of total assessed ~zlue and may .be subject to municipal tazation. Railroad rolling stock is exempt from county and city taxation only. Ships, vessels, boats or watercraft not more than 100 feel; long or which axe regularly engaged in co~merce outside Maryland; registered airplanes; and Class A through J motor vehicles. A~icultural products and conunoditles such as fish, poultry incind'.m~ hatchery eggs, crops, tobacco stored in the state warehouse and impor~ea green coffee beans. F .ar~nlng implements; such property may be subject to county and city tax. Li,~estock; such property may be subject to county or city taxation. 20-502 • © 1982, Commerce Clearing House, TI 1970,3936
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z~o=,~ "~=~--~_,.~ 2161 11. T~ o~ mech~ or ~e P~ ~ (Sc~ 9B) I. ~t shar~ ~ sto~ ~ dom~c ~omtlo~ ~ect to t~ pa~ble by 2. T~ principal and ~nt~est o~ ~y bonds, s~ck or oth~ d~rect obl~ons ~e Ci~ o~ B~t~o~, ~ o~ ~y co~ty ~t~red under Art. XI-A o~ St~t~ ~ns~tu~on, whenev~ ~ssu~d, ~, the hands of the owner ~ owners from ~me ~ ~me (See. 15~); bonds, and thor income, ~ndl~ ~l~s ~ the Ma~l~d Po~ Authority (~ec~ I~ A~ ~. ~ No~t on cha~bl~ housi~E come,ons (Sec. 2~, A~. 44A). 5. Silos used ~o~ pro~ssi,E o~ slor~ o~ ~n~l geed, in~den~l to the Counties, municipaI~ties or Baltimore City m~y ~empt inventories o~ ~ore~ impo~s o~ businesses ended in impo~in~ i~ the property is fiands ~ ~e im~rter and in its original ~cka~ (Sec. 9A). Counti~ and municipaliti~ may provide a credit as to property t~es imposed on realty b~ed on ex~nditu~s by a p~vate owner-t~payer for r~to~tion, prese~ation and cons~ction of prope~y having historic or ~chitectural value. The credit may be in an ~ount of up to 10~ of the o~e~s ~penses of restoration and preser~fion and up to 5~ of the owner's ~enses for costs of construction of ~chi~ecturMly compatible new st~cmr~ ~ an hi~Hc ~s~ict ('~. 12G). Counti~ and m~ici~ities may allow ~ cr~it to owne~ of unsold ~ unrented n~ly cons~ct~ ~.substanfiMly rehaMli~ted single dwelling un.its in an amount n~ more ~an the pro~ty ~es on the ~sessed valne of the d~lling ~uding land for ~e period the ~it r~ains unsold or unr~*~ (Ch. 5~, ~ws 1~1; ~ 12~1). g~ning ~dies m~y ~nt cr~i~ for an impr~en~ ~ ~x ~pt cem~ t~ pr~¢~ ~ ~e im~oveme~t is ~ as ~ dwelling by an ~ploy~ c~e~ ~er (Ch. ~9, ~ 19~; S~ T~e gove~ing bodies ~ BMtimore City and specified co,ties, and any ¢i~ located in ~ c~unty, must~ant a sinOe mandato~ credit a~inst ~es, charges or assessments specified on ce~ain ddscfibed property. The credit Mlowed in the mount of ~e total assessed value of the property multiplied by the applicable ordin~ m ~te or M ~e t~ am~t of ~e special charges or ~sessments. T~ayers entitled to the credit must apply prior to'Octob~ lof the t~ year (~. 9C). " Real~ ~ .credi~ are allow~ homeown¢~ ~o r~i~ ~ a ~welling which ~e ~s~ ~s a 1~1 int~t. The credit may not ~ceed ~ a~ is to ~ual the a~onnt of r~lty ~es in "~xc~s ~ a pe~tage ~ ~s or combin~ inc~e of the hm~er ~ fo~ows (Ch.. 3~,L~ws 1~I ; Ch. ~ws 1@; Sec 12F-l) : First ~,~ ............................................ 1.~ Next ~,~ ....... ' ..................................... N=t ~,~0 ............................................ N~t $4,~0 ............................................ Over $16,~ .......................................... : 9% ~~ Ma~land ~ 20-502 TI 19703937
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The credit is not ava~tab~ if the homeowners' combined net worth is over $200,000 (See. 12F-1). If the above credit is l~ss than the credit, including munidpal -tax credits, received in the 1974-75 _t~ year under prior provisions, the homeowner will coat'me to receive a cr~t equal to that received in the 1974-75 tax year (Sea 12F-2). The cred~ is available -to the unmarried surviv- ing spouse of a homeowner if the surviving spouse meets all of the qualifica- tions, except age, for the credit (See. 12F-6). A homeowner's tax credit is allowed against county, Baltimore City, and municipal real property taxes for tax years 1977-83. The credit will be granted if the property has not been sold during the previous calendar year or there have not been major changes in the previous year affecting the value ot~ the property due to change in zoning classification, chahge in use, extensive improvements, dr erroneous assessment. Formulas for calculating the amount, of the credit involve assessment increases and the applica'ble local tax rate (Ch. 858, Laws 1980; Sec. 12F-7). Renters who are age 60 or older or who are ~tisabled may receive a pay- men~ of a portion of assumed real property tax (15% of occupancy rent) which they pay. The paymeut may not exceed $450 a~i is equal to the amoun~ of assumed real property tax which is in excess of a percentage of the gross income, or .combined gross income, of the renter. The percentage may a~ot exceed 1.5% of the first $4,000 of eomb~ed income; 3.5% of the uext 84,000; 5.5% of the next $4,000; 7.5% of the next $4,000; and 9% d all combined income over $t6,000. A renter whose combined net worth is in excess of $200,000 is not entitled to a payment (Chs. 247, 764, Laws 1981 ; See~ ~2F-~). Until July 1, 1983, personal property used primarily in surface mining related activities and owned by persons subject to the local coal severance tax (~ee ~[ 45~501) are exempt from county tax in Garrett Counk~y and any code eounCy (Ch. 769, Laws 1981 ; See. 458). For the tax years 1976-77, 1977-78, 1978-79, 19°o081, ~nd 1981-82, each county, Baltimore City or other i~orporated municipality levying a realty tax must grant a homeowners' tax credit against the tax imposed or~ dwell- lugs (See. 32B). Maryland counties and cities may provide a tax credit against any local realty taxes on residential "or nonresidential ,bui.ld~ngs for using solar or geo- the.rmal energy equipment or qualify energy conservation components for heating or cooling (Ch. 49~, Laws 19$1 ; See. 12F-5). [¶20-503] Basis.~Real property is assessed at its full cash value. Farmland, woodland, country clubs, and undeveloped land held for later development will be valued at full cash value less an inflation allowance of 50% of current value. The Department of Assessment and Taxation will adjust the "full cash value of all other real property subject to valuation and assessment by a growth factor..Personal property is assessed at its full cash value (Sec. 14). Stock in trade is assessed on the basis of its fair average value, which means th~ lower of cost or market value, without any allowance for inflation, but in computing the stock of motor vehicle dealers, the value of used titles in Maryland taken in trade shall be excluded (Sec. !5)..Counties and Baltimore City are au~orized to change the percentage of t~tal assessed value of manufacturing and commercial inventories by reducing the percentage to zero (Sec. 9A). Farm or agricul.tural land is valued on its use (See. 19). Assessment of residential realty damaged M~ryl~nd | 20-503 © 1982, Comme~ Cleari~ Ho~e, Inc. TI 19703938
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restored or ~r~placed if the value is comparable to the l~Ol~-fy damaged or destroyed and if the assessment was not reduced or abated because of the damage or destruction. (See. 19), Any expenditure for normal repairs and maintenance of a dwelling may not be separately assessed for inch~sion in the valuation of residential real property for increased assessment purposes (See. 19). [720-504] Rates.X-,Real and tangible persona1 property is taxed at a rate equal to the aggregate d£ all lawful levies (Sees. 12, 30). [7 20-505] Period Covered--~AccruaL---Atl ordinary state taxes are levied for the calendar year until such time as they are levied for the taxable year (July 1 through June 30). The Board of Public Works determines the time and procedure for changing the taxable year. All ordinary county and city taxes are levied for the taxable year (July 1 through June 30) except those taxes required to be levied on assessments made by the Department of Assess- merits and Taxation (Sees, 29A, 31). [~[ 20-506] . Assessment Date.--All property assessed by the State Depart- ment of Assessment, and Taxation and all tangible personal property is assessed as of January 1 (See. 29A). Real property assessments will be reviewed at least-once in each 3-year cycle (Ch. 212,Laws 1979; Sec. 232(8)). "Property assessable by ~he Department o~ Assessment o£ Baltimore City is assessed as of January 1 annually (See. 20, Art. VII,'Balti.m~re Charter). • [~[ 20-507] Situs.--ReaI property is assessed in the county and/or city where situated. Tangible personal, property is assessed iri the county and/or city where permanently located, but if not permanently located, it is assessed in the county and/or city where the owner resides, except that operating prop- erty. of railroads, other public utilities and contract carriers is assessed in the counties and/or cities to which the value thereof is apportioned by the State Department of Assessment and Taxation. Shares of stock in domestic cor- porations, other than airlines or air freight companies, subject to the jurisdic- tion of the Public Service Commission and shares of stock in any domestic oil pipe li.ne corporation operating an oil pipe line in Maryland are assessed as follows: (1) so much of the assessable.value of the shares as is based on personal property placed in. service on or after January 1, 1968, is subject to assessment in the county and/0r city in which such 1968-andJater personal property is located in proportion to the amount of such proper~y in the par- ticular county 'and/or city~tu all such property in Maryland; and (2) all the remaining assessable value is subject to assessme~nt in the county and/or city where the owners of the sh~res reside, or, in the case of shares owned by non- residents, in the county and/or city where the principal ottice of the corpora- tion is located (See. 8). [720-508] Assessit/g OfficiaL--The State Department of Assessment and Taxation assesses, for State, county and city purposes (1) sharesof stock in domestic corporations, (2) operating property of railroads, public utilities and carriers, (3) distilled spirits, (4) tangible personal property df domestic or toreign Lusiness corporations, (5) intangible property of corporations granted charter exemptions from taxation, and (6) rolling stock of any person. All other property is assessed for State, .county and city purposes by the Supe~ visors of Assessments (See. 13). 'r'ne ~t~te ~o~ert~-tax rate for ~ ~O~, /~ ass~ed valuatlo~ (CC~ MARYI~ND TAX REPORTE~ Tax GuRle TI19703939
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[~ .20~09] l~.,tttms.--Corpor~tlons file ~ ~ ~ S~tt Dg- meat ~ Ass~sment and T~ation ~ or b~e Apn~ I5 of each ~r (S~ 251). F~i~ ~afions pay a ~ing fee ~ ~, ~ ~t fo~ b~d- ing or h~ ~odafions, sa~ ~d loan ~afions, nafion~ b~ ~d cre~t unions p~y a f~ ~ *I0 (A~. 23, See. 130). Indi~dufl te=s m due on dem~d. [~20-510] Asses~nt, Rev~on ~d A~Wh~ ~s~sment h~ been made by ~e Superiors of Assessments, th~ Dep~ment of Assessment of Baltimore Ci~ or the assessinff authorities o£ any other city, appeal lies to the Coun~ Commissioners or the Appeal Tax Cou~ or the Bo~d of Munici- pM and Zoning AppeMs of BMtimo~ City (See. 255). Fu~er appeal lies to ~e Ma~land T~ CouP, then to a county ~rcuit cou~ or the Baltimore City CouP, ~d then ~e Cou~ ~ Special Appe~s. When assessment has be~ made by the S~te Depar~ent of Ass~ment and T~afion, appeal lies ~o ~e ~a~- land T~ Cou~ with fu~her appe~ to the Co~t of SpeciM AppeMs (Sees. ~9, 259). [~ 20-511] Collecfion.~All unpaid state, county and city taxes on real estate shall be, until paid, liens on the real estate ~om ~e.date they became or become payable (See. 70). Except in Baltimore City, all state, county, inco~o~ted city or town ~d t~ing district taxes are due and payable with- out fattest as of ~uly 1 annu~ly and ~e overdue October L Discoun~ may be Mlowed 1~ paymen~ made prior to October 1. In Baltimore City axes which are due on July 1 are overdue on Oc~ber 1 of ~t y~r. Disc~n~ may be Mlowed for paymen~ made prior to such due dates (See. ~). Som~References are to Ma~.land Annotated Code of 1957, A~icle 8L ~ ~ended to ~t~ De~ls ~e r~rted ~ CCH M~Y~D TAx ~o~ at ~ ~-~0, | 20-512 Distilled Spldts Special Provisions.--Every distiller, warehouseman and person having custody of distilled spirits must report to the Department of Assessment and Taxation on or before March 15, annually, as of January 1. The Department fixes the value of such spirits and certifies such valuatiori to the Department of Assessment of Baltimore City and the County Commissioners in the coun- ties where the spirits are located. State taxes are payable to the local col- lectors. (Sees. 23, 24). The valuation o~ such spirits for 1978 has been fixed as follows (CCI~ MARX~_~NV TAX R~PORZER at ~[20-301) : Whiskey and ~um: per barrel (45 gallons) ........ $20.25 per gallon .................... .45 Whiskey in barrels held ott ~.r~. house reci:ipts or purchased from other distillers ........ 45.00 Brandy: per barrel (45 gallons) ........ 33.75 per gallon ..................... 75 Cordla~, per gallon ................ 80 Gin and Vodka: per barrel (-~0 gallons) ........ 20.00 per gallon ..................... 40 Alcohol: per gallon (industrial) ......... $ .I0 per gallon (neutral spirits) ...... 40 Bottles, per gallon .................. 75 Barrels, each new .......................... 10.00 used ......................... 2.00 Drums (Steel) each ................ 4.00 Case goods (tax paid): fifths, pet:; case(or 2.4 g~ts.)... 30.00 quarts, per case (or 3 gals.) .... 37.50 in bond, per gallon ............. 2.50 Source~--References are to Maryland Annotated Code of 1957, Article 81, as amended to date. Details are reported in CCH MARYr-.,AI~D TAX RIiPORTER at II 20-009. | 20-513 Public Utilities Ad Valorern T~xation.--Public utility corporations are subject to county and city taxes on their operatinff property (Sec. 8). An exemption from state Maryland ! 20-509 © 1982, Commerce C~e'~'~ House, Yat¢. TI19703940
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taxatina is provided for the operating pro~a-t-y ¢ff raikoa~z ~x1~t~ss or portation companies, parlor car and sleeping car companies wken revenues from su.eh propet~y in Maryland are subject to the franchise tax on gross r~ip~s (see ~[ 80-500) (See. 9). The ~t,, of stock of other domestic public ufiH~r C0¢porat_ions are taxed at full vahte, a~.ter demltmti~g (I) veal estate assessed in the state, (2) the value of exempt vessels and a~rcra~t regularly engaged in commerce outside Maryland, and (3) the [air average value o~ to the exten4: af certain percentage reductions or exemptions in effect in the county and/or city in which the fuel is located. After ma_tdng the above de- ductlons, the residue is div.ided by the number of shares outstanding and the quotivnt is the assesskble value per share. Shares of assessable stock are taxed ¢~, and the taxes collected from, the corporation issuing: them (S~c. ~Lecee--References are to Maryland Annotated Code of 1957, Article 81, as amended to date. Details are reported in CCH MAnYr~xcn TAX Rm, oRxtm at ~[ 20-000. | 20-515 MASSACHUSETTS [~[ 20-516] Property Taxabl.e.--All property, real and per~bnal, is subject to taxation tmless expressly exempt (Ch. 59, Sec. 2). [~[20-517] Exemptlons.--The following property is exempt from tax- ation (July 1 of each year is the date of determination as to age, ownership or other qualifying factors required of prope~y tax exemptions, unless another meaning is apparent (Ch. 59, See. 2)) : (1) property of the United States (so far as constitutionally exempt); property of the commonwealth; bonds, notes, or certificates of indebtedness of the United States, the commonwealth, and political subdivisions thereof; (Z) property or trusts of literary, benevolent, charitable and scientific institutions; property of incorporated agricultu~l and horticultural societies; personal property o~[ fraternal societies operating under the,lodge system; property of veterans' organizations to the extent of $200,000 and of volunteer militia,; personal property of retirement associations; property of annuity, pension and endowment associations; " {3) property, other than real estate, of credit unions; property, other than real estate, poles, underground conduits, wires and pipes, and other than chinexy used in manufacture or in supplying or distributing water, owned by banks and corporations subject to the excise tax on corporations under Chapter 63 and by foreign insurance companies under reciprocal provisions; 75~S of the value of underground wires, conduits and related equipment installed pursuant to law by telephone and telegraph companies and electrlu transmission lines; (4) machinery used in manufa,cturing by domestic ~nd foreign corporations as defined in Chapter 63; property of ~vater companies exempt by charter; ~quipment for abatement of air or water pollution; (5) shares in partnerships, associations, or trusts the income of ~hich sh~res is t~ble under Cha~ter ~2; capital stock and personal property of cooper- ative banks; stock in domestic business, manufacturing, and insurance cocapanies, and other corporations, domestic or foreign, subject to taxation under Chapter 63; shares of stock of banks taxable under Chapter 63; motor vehlcles and trailers subject to or exempt from excise tax; trailers located in parks subject to monthly license fee and trailers of niilitary personnel deemed by federal law not to have a, situs within the taxing municipality for personal property taxation; intangible property held by fiduciaries; ~ 865, Laws 1980, repeals the utilities' gro~s receipts tax on vallroads, which automatically • ub:[ects railroads ~o the property tax. See. 2 of the law states: "The first state property taxes payable by reason o~ this Act will be based on the valuation becoming final for the fiscal year Tax ~uid~ Massach usetts I~ 20-517 TI19703941
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2166 Massachusetts ~I 20,-517 (6) property, o~her ~ ~ea| es~a£e, ~he ~ ~ w~ ~ w~bj~t to p~ (7) hous~ ~ rel~o~ ~r~ip; per~nal p~er~ own~ ~ or held ~n ~t ~o~ o~a~ons; parso~ges ~nd o~c[z] ~[d~n~s of ~bb~s to ch~dis~ ma~in~, and annals owned by i~bi~ but si~ated in ~other s~te; (8) h~esteads ~ ~c ~luc of ~,~ or ~e ~ of $17~ whichever a~t~ ~ter a~ount o~ ~ duc, ~cupi~d ~ a sa~i~*ng spouse, pc~ons over ?0 y~rs o~ age who have o~ed and occupied them ~or at least I0 ye~s, ~d m~o~ wh~e p~ts ~e d~eased; r~ty ~ the am~t $5,~ or the ~m of $437.~0, whi~ ~ll a~te ~e ~r ~t ~ due f~m bl~d pers~s, is exempt; (9) real prop~ to the ~ount of ~,~0 ~l~tion or the s~ o~ $~ o~ actual t~es due, whichev~ will a~tc ~e ~ater amount o~ taxes duc, o~ p~sons 70 years old or older ~d ~cupled as their domicile, i~ the pcrs~ (I) h~ lived in Massachusetts for the preceding ten years, (2) has owaed and occupied rc~ p~e~y in the state for the preceding ~w ycars~ (3) had gross income of ]~s ~zn $~,000 ($7,~ ff married) £or the preceding ~d (4) ~d ~ whole es~te, real ~d personM, not over $I~,~ (~,000 ma~ied), not incln~ real~ occupied as a domidlc (exCept ~or ~y por- tion that produces income), or not over ~40,0~ (~,0~ if m~ied) i~ such re~ ~s include@; pcrs~s ~ ~ old~ who me~ residc~y requir~ m~ts may apply ~or defer~ o~ reM~ ~es oR ~eir domic~e p~d~ ~elr g~s receipts from all sources ~o~ the pre~d~ng y~r did not $20.000; real estate ~ed and ~cupied by sur~g sp~ ~ su~ng min~ c~l~ ~ ~ polic~ or ~rc ~ghter ~ll~ in ~ lin~ o~ duty to ~e ~t o~ ~,0~ or ~c s~ of $7~, which~ abates the greater amount o~ ~ due; (10) rcM cs~te 01 M~Sa~Rs ~etCr~, ~dr s~uscs, ~ed s~g s~us~ ~d fa~c~ ~dm~crs of v~e~s ~II~ ~ su~ ~ ~cs who s~cd in the U. S. armed forces between Fcbrua~ IS, 1898, and ~uly 4, ~902; between April 6, 1917, and Nowmber 11, 1918, or who received the WW I Victo~ Medal; between September 16, 1940, and ~eccmbcr 31, 1946; b~tween ~une 25, 19S0, ~d ~u~ 31, 1955; or in Viet N~ be~een August 5, I~, and the te~ina~on o~ the Viet Nam emergency (or veterans se~ing at least 180 days active se~ce be~een Februa~ I, 19~5, and Au~st I~), ~ea occupied at least in part as a domicile, to the ~ount o~ or ~e s~ o~ $17S, whichever abates the ~ter ~ount of t~ The ~p~ a~ ~ vet--s (~d ~r s~). who ~ a w~t~ disabili~ rating o~ I0~-or more, veterans awarded the P~Ie Heart, and su~n~ spouses o~ World ~ar I vctc~s or veterans who were awarded the ~orld W~ ~ Victory Medal who have not remarked and whose whole ~te does not ~ceed $20,~ ~ value. A hom~t~d ~emption to the ~0unt of ~,~ or the s~ of $3~0, whichever abates the ~eater amount o~ t~ due, ~ allowed vete~ns (and their spouses) who have lost, or lost ~he use of ~e f~t, hand or eye, or have been awarded the CongresslonM Medal of ~onor, Distin~ished Se~ice Cross, Na~ C~ss or the Force Cross. A home~d ~ption to the ~ount o~ ~,~ or the sum of $?~, whichever abates the ~eater ~ount o~ i~ du~ is allowed vet- e~ns (~d their spouses) who have lost, or lost the us~ o~ both feet, both han~ or one foot ~d one han~ or both eyes. An ~emption ~or ~y adapted housin~ .is allowed to the ~ount o~ $10,~0 or the s~ ~5, whichever abates the ~cater amount o~ t~ due~ lot pe~nent or totally disabled vete~ns (and their sp~). A hom~tead ~emption to the amount o~ ~6,~ in ~luc or the sum of $~25, w~chever abates the ~ter ~ount of t~ due, is Mlowed vetc~ns who ~e 1~% d~led due to a (11) household fu~it~e and effects of every p~son whether kept in a public ~rehouse or used i~ ~e home; wearing app~el, farm machinery, ~sh on h~d, ~d ~Is o~ a ~dc; ~, fis~ff g~ ~d ne~ used ~mivcly c~ ~sh~ng to an ~unt not ~ceed~ • to~l ~lue of $I0,~; ce~in domes~c a~s; TI 19703.942
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(12) an~ st.~u~tu~e, b~l~ or ~ ~ e~te ~1 ~te or ~dus~ pollu~ o~ ~e (13) ~ ~ b~b or f~t shel~s; (14) a ~ ~ ~t~n is a]l~ed ~ or ~d ~d d~ us~ (15) a seven y~r ~pfion is a~owed r~W o~ed by an econ~ic d~lopment ~fi~ wh~e pu~e is ~ re~in ~d ~nd (16) ~al p~hdd by ~ ~d~el~e~ ~r~6~s; (17) hyd~ facilities ~e c~s~ctioa of which ~ b~ ~r J~ 1, 1979; (18) land ci~sified ~ re~fional laud (Se~ 5) ; (19) r~ ~tate de~ed to r~l~d use own~ ~ ~y ~lr~ doing b~ness the state, to the ~tent of ~% of the 1961, 1962 ~d 1963 r~l" es~te ~ if the net income of the railroad ~om all sources during each of the years immediately preceding the year in which the ~emptlon is clawed l~s th~ $25,~ (Ch. 59, Sec. 5~t); R~lty classified as Class I resid~fial may, ~ city or ~wn approvM, be ex~pt from tax in an a~u~t eq~l to not more th~ 10~ of the avenge ~sessed value of all Oass I p~cels ~n ~e city or to~. ~is ~emption is ~ addition to any other available ~empti~s but the taxable value of the prope~, .a~er application of all available ~emptions, may not be r~uc~ below 10% of ifs ~ull ~d fair ca~ value (except ~agh applicati~. ~emptions for prop~ of the ~ed, ~rm or ~v~y stfick~) (Ch. 59, S~. 5C). Personal proper~ of persons havingneither domicile nor place o~ business within ~e state is conside~d to be in transit and is exempt when stored in ofion~ packages in licensed public warehouses (Ch. 59, Sec. 2). Prope~y owned by veteran~, surviving spouses, minor children of dec~sed parents, blind, pe~ons over age 70 and surviving spouses and children of pdice o~ce~ of fire fighters killed in the line of daW is subject to only one exemption ~or such pro~y (~. 59, Sec. 5). [~ 20-518] Basis.--~e asse~ors of each ci~ and to~ must m~e a fair ~h ~luati~ of all real an~ personal prope~ subj~t to ~xati~. T~e ~s~sed yalue of real~ is classified ~ as f011ows : Class I, residential; Class op~ sp~e l~d; Class IH, comm~cial; knd Class IV, industrial. The res~t- ing amount is the t~able valuation of each class of pro~ to which the asses~rs will a~ly the applicable ~x rat~ ¢o de~ine ~e ~ due (C~ 59, S~. 38). The ~lae of a~cult~ and h~icultu~l land ~ not less than ~e a~es shall, a~n application,, be that ~ue whi~ the land h~ for sa~ p~es (~. 61A, Sec. 4). T.he value ~ r~r~tiona.1 ~land is dete~ined solely ~ ~ts use, but not to exc~ 25~ ~ fur ~h ~ue (Ch. 61B, ~. 2). [~ 20-519] Rat~.--Rates are the ag~e~te of M1 levies la~ally imposed by s~te, county and l~al ~vemments (Ch. 59, Sec. ~). The total tax~ a~ sessed by the co~onweal~ or by any city, town, ~un~y, district, aathori~, or other governmental entity up~ real estate and p~s~M pro~ ~o~ in ~ny fiscal ye~, exceed 2~ of i~ full"and f~r c~h ~ae a ~less approv~ by ~o-thirds of the persons voting on the question (19~ initiative; Ch. 59, Seq. 21C). i The taxation ~f real property based upon a classification of the property's use is constltu- Supreme Judicial Court,. August 3. 1979. . ~ An initiative peUtlon limiting total property taxes to 2~% of full and ~ cash value adopted In a eonStltutlonalty adequate manner. ~o,~a~/~ge6Tt~ T~he'~a ~. ~. geor~ o~ (?o~o~t-~eo~%A, Massschusetts Supreme ,Tudlelal Court, August 4, IS81; aIIlrmlng Massachusetts Superior Court, Suffolk, March ~1, State Tax Guide ~assachusetts | 20-519 Ti19703943
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2168 ~ ~.,=.-,=,--~z~u~s In ~ of ~e ~ ~ a ~ ~ 1~ ~ f~ ~, ~ ~s ~d ~fic fowl ~ ~ a ~rsoa p~y ~ h ~t~ and hrm ~mals and dom~ic ~1 rais~ ~ p~s ~d~ 18 h ~nne~on an a~ic~ you~ ~ ~e ~ is ~ per $1~ ~ vMuati~ (~. 59, Sec. ~). [~2~520] Pe~od Covere~Ac~u~.--~e fiscal ye~ f~ all towns ~d coaa~ b~ns July 1 ~d ~ds the following June 30 (Ch. 35, See. 16; Ch. ~, Sees. 56, 56A). [[ 20-521] Assessmen~ Dare--All taxes shall be assessed as of J~u~ p~ceding ~e fiscal ye~ ~ ~peet ~ w~eh the ~ ~e ~s~sed (~. 59, Sees. 2A, 21)~ [~ Z~522] Si~s~T~es on real estate shall be assessed in the town where it lies to the p~son who is the owner, but ~e Commissioner of Rev- enue m~y authodze 1he ~sessmenf to ~e pers~ i~ posses~on or hav~g a present i~terest in the real estate (Ch. 59, S~c. 11). All taxable estate within or without the commonwealth sh~ll be assessed ~o ~he owner in the town where he is ~ inhabiCant (Ch. 59, Sec. ~8). [~ 2~523] Asscss~g O~ci~.--~e assessors of eac~ ci~ and town shM1 determine ~e fair c~h value ~ reM~y f~ ~ pu~ (Ch. 59, ~c. 2A). Theas~ssors shall a~s state, c~n~ and town ~ (~. 59, Sec. 21). [~.2~524] Re~s.--All persons are required to file a t~e list of aR assessable property held by th~ before a published date* (Ch. 59, See. 29). [~ 20-525] Assessment, Revision and AppeaL--The assessors of each and town shall make a fair cash valuation o~ property subjec~ ~o t~ation therein (Ch. 59, Sec. 38). Any person aggrieved by the tax assessed upon him may, on or before October 1 of the year to which ~he t~ relates, apply in writing to the assessors for an abatement thereo£ (Ch. 59, Sec. 59). Returns of personM prope~y must be made before abatements may be ~nted (Ch..59, See. 61). A person ag~eved by ~he refusal of assessors to abate a t~ may, ~thin ~hree mgnths after n~iee of the assessor's decision on the abatement ap9l~- lion, or thre~ months after abatement is deemed to be re~s'e~"(four month~ after filing), appeal to the county eom~ssioners or the App~la~e T~ Board (Oh. 59, Sees. ~, 65). [~ 20-526] Co~eefion of T~--T~ lien attaches on J~ua~ 1 in ~e year o~ assessment (Ch. ~, See. 37). Real es~te and ~rsonal pro~rty ~ a~ due and payable on J~y 1 o~ each year in eve~ city, to~ and district in the state ~n which they are assessed. Ig more than half the ~ remains ~paid ~ter November 1 of ~he fis~l ye~ in which it is payable, ~ ~ter ~e 3~ after the d~te on which the bill for such t~ w~s mailed if mailed after October 1, interest will be charged (Ch. 59, See. 57). Soarc~Refer~ees are to M~saeh~etts Gener~ ~ws o~ 1932, ~ ~ended to dat= DeVils ~ reputed in CCH M~sS~CHus~s T~ ~ at g ~. I 20-527 ~blic Utilities sh~es con~ituLi~ ~be c~i~M s~oc~ o~ such c~[=s on ~n~ ~ * ~a~ 1 (Form ~). Massachusetts | 20-520 © 1~2, Commerce Clem'in~ House, Inc. TI19703944
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me~ ~s ma~e by t~,e ,~~ at a r~e of t~x ~ ~o ~e m~ ~ ~'u~ ~e~ as ~ by ~e ~ ~ the t~ i~ed is 1.evi~ (Sec. ~, Ch. ~, ~ 1~5).. The ~ is ~e when ~ing ~ r~ (Ch. 6EC, ~ 32). T~aye~ ~e~ by ~ a~sment may a~ly" ~o ~e Commissioner f~.an abatement :(~. ~C, S~ 37). T~- ~yem a~ev~ by ~e refuel of ~e ~mmission~ to abate a t~ may appeal .to ~e Appe~ate T~ Board ~thin ~ days ~er notice of ~e Com- missioners decision ~ ~in s~ months ~ter the Commissioner has failed ~ act, for a pe~ of sk months, ~ the appli~fion (Ch. 62C, Sec. 39). Pipe lines, not o~ed by ~ or dectHc.companies, used for t~nsmitting natural gas or pefroleum or ~eir byproducts for 25 miles or more are defined ~ p~sonal p~pe~ aM are a~essed locally (Ch. 59, Sec.. 3C)~ The owner must file a r~m by ]anua~ 31 with the Commissioner of Revenue, who will .det~ine ~e. ~uation ~.the p~e line ~or ~afi~ by May ]5. may.~ made to .the Appelh~ Tax B~ ~ or b~e June 15 (Ch. 111, La.ws 1981; Ch. 59, S~. 88A). The v~uafi~ of tel~h~e ~d tele~ c~pany p~pe~y m~ be det~mi~ed ~ or ~e ~chMay 15 a~d a~ls from such v~uations must be fil~ by June 15 (Ch. 1~1I, L~ws 1981; Ch. 59, Seh. 39). " ' " " " So~ce.~Re~er~c~ are to M~sachus~t~s Gene~l ~Ws of 1932, ~ ~nded to date. De~Is a~ re,Red ~ CCH MAnic,uses T~ ~a st ~ 1~ and ~-0~. ~ 20-528 Classified Forest Lands .. 8peci~ Pro~sio~.~All for~t I~d ~havin~ a ~alue not. in ~egs of ~ ~er acre ~d existing in p~cels of not less ~an i0 cont[~ous acres in ~ea 11 be listed as d~sified forest land u~n writt~ applic~fioh of ~e o~er. Once ~ ~d h~ ~ so d~sified ~t shall re~in listed ~ d~fied for~ lind, re~rd- less of o~ership ~g~, until December 31 of ~e y~ in whi~ ~9 o~er reques~ in wring ~at ~e ~ssessors r~ove it from su~ listing or the y~r i£ whi~ it is so removed in acc~dance wi~ oth~ provisions of law. ~nd is removed from such dassifi~tion un.le~, at least eve~ ~ve y~rs, the owner ~Ies wi~ ~e asse~ors s ce~fication by the state forester ~at the land is continuing to ~ managed. Cla~ified forest land is exempt f~m t~ation und~ Ch. 59 but is t~ed as provided below. Buildings and the land on whi~ they are erected ~e not efitifldd to be cl~sified (Ch. 61,Sec. 1). The owner of classified forest land shail pay a pr~ucts rex.of 8~ of ~e stumpage ~ue of ~e forest produds ~t ~erefrom. An owner mn ~t free of t~, w~ for his own use not ~ceedlng $'100 ~ stumpage value. A ream is due annudly beforeMay 1, setting forth the amount of for~t pr~u~s ~t during ~e prece~ng ymr. The o~er shall also pay annually a land t~ on the bare land, b~ed upon a vduation of not more ~n $10 per .acre, at the ~te determined to be applicable to C1~s III commercial prope~ under Ch. 59. Both~e pr~ucts ~ and ~e land t~ shall be eollected ~ the same manner ~ ~es assessed under Chapter 59, and ~ due October 1, delinquent N~ember I (Ch. 61, S~. 2). Sourc~Referenc~ are to M~sachusetts Genes1 La~ of 1932, ~ amended to dat~ De~fis are reposed in CCH M~ss~cavs~s T~ ~ at 11 20-530 MICHIGAN [~ 20-531] laroperty Taxable.--All property, real and personal, is subject to taxation unless expressly exempt (Sec. 211.1). ~cate ~ Gaide M~chigan | 20-53 I. TI 19703945
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2170 ~ T~--~:I~ ~o [~I 20-532] Exemp~s.--The ~oIlo~v~n~ ~I ~e~ ~s ~empt: (I) p~p~ of ~e Un[t~ S~ ~ept whe~ ~ is a~odz~ by the s~t¢, ~c~t B~s~ h~ ~, ~t~ ]an~ held ~d~ 211.71); p~p~ owned by, ~ ~i~ acq~ under an ~ns~llme~ pu~ ch~e ~ment by a po]~c~ su~si~ o~ the state used lot pu~os~ (See. 211.7m); proper~ ~ned or ~ng acq~red by an agency, autho~, instrumen~lity, nonpr~t c~on, ~]ss~ ~ o~her en- tity ~pHsed solely o~, or wholly ~ by, ~ wh~e ~bers ~sist solel~ o~ ~e ~ a comb~on o~ poH~c~ su~s~o~ z~ the state a~ used to car~ ~t a public pu~e (See. 211.7m). (2) reaI or person~ pr~e~ ~ a nonprofit that,, ]ibm, educatlo~I, or scientific insti~t~s (See. 211.7n) ; re~ or p~son~ proper~ of z ch~i~bl~ ~ns~tu~on, ~table h~es ~ I~t~al s~e~m an~ ~o~ons ~h~e st~k ~s wholly ~ed by rel~o~ ~ ~te~ s~et~ which ~u ~nd ~¢~te ladlltles ~ the age~ and ~II (See. 211.7o); m~al h~es ~ posts o~ vet~' ~s~o~ (~ 211.7p); real es~ not over ~ acres ~ed by any ~y ~ ~d sc~t ~n~zat~o~ c~p6re ~ds or~n~z~ti~, ~H clubs or f~n~s or YMCA or YWCA (Sec. 211.7q); r~] es~te, ~ncludi~g b~ld~gs an~ other property ~ ~t, ~n~ ~ ~erated by any n~proflt ~st ~ c~o~tion ~ ~or p~t~, clinic or public ~th pu~oses~ ~clud~n~ p~p~ty not actively for h~pital ~ public health p~ and prope~ us~ for dwelling pu~es by r~nt phys~s (See. 211.7r). (3) ho~es o~ public w~ship ~d pars~ages used and ~cup~e~ as such 2~I.7s); ~ ~ounds, t~bs and mon~ents (See. 211.7t); rear and personal p~e~ ~ ~ persons (Se~ 211.7u). (4) ~e r~l pr~e~ o~ corpo~tio~ exempt by r~n ~ the payment ~ t~es ~n l~eu o~ o~er ~ (See. 211.7v). (5) prope~y o~ ~cl~vely by s~te, c~ty, ~ dist~ct a~ic~tu~ s~iet~es ~d ~e~ ~clusively for {~r pu~ (~c. 211.7w); land d~te~ and ~e~ ~ ~ pu~c park (~ 211.7x); pubBc ~o~ landing are~ ~or ~ fee h~ beeu pai~ (See. 211.7y); pr~erty made a~ilable to sch~l ~s- t~cts, c~m~ity colleg~ ~ othe~ s~te s~ppo~ed ~u~t~sl which w~Id h~ve be~ ~empt ~d Et been ~cupi~ by i~ ~ner so1~y (o~ the pu~oses (or which ~t ~s inco~orat~, but only so long ~ Et is ~e~ I~ ~h~l pu~; r~ty ~ed an~ ~cup~ed by a pzreut c~e~ ~ve presch~l (See. 211.7z). (6) all realty o~ed aud used ~ a hero,read by a ~sable6 vete~n receE~nE pec~i~ asslst~ce due to the d~abiIi~ ~or spec~lly adapted hous[~ ~ by the unremar~ed su~ng spo~e (Se~ (~) cut-over and wild l~ ~ed f~ pu~ ~ ~ • home are exempt ~or five years (See. 211,561); o~l ~d ~s subject to seve~nce t~ (See. 205.315). (8) trees ~owlng on ag6cultu~l land (See. (9) seawards, jetfi~, dikes or other st~ct~es wh~e p~ma~ p~ is to vent or control er~on or Boodlng ~om waters or levels of the Great ~kes or con~ect~n~ ~ters a~ t~bu~es (Se~ (I0) solar~ ~ind or ~ter ene~ conse~t~on de~c~ are exempt fr~ December 31, 1975, unt~1 June 30, 1985 (See. 211.7h). (11) the in~e in ~ue to an ~stin~ (adl~ty (a s~ct~e that h~ ~ is converted to have as ~ts p~ma~ purpose mult[la~ly housing cons~s~a~ of 5 or more units and l~ted in a downtown developm~t d~stdct ~ w~ch to .expendit~ ~or repaiG replacement or resto~on o~ a po~ion of ~a¢ility, or the i~cre~e ~n ~lue zttrlbuable to ~pen~tures for conversion ~chigan q 20-532 ~ tg~, Co~erce CIe~ Hou~ Ti 19703946
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State Tax Guide to ~ ~ ~ac~y, is ¢:~m~ from the ~ ~ ~op~l b~ the Koverm~e~tal uni~ nut~ D~mb~ 3I followln~ I2 years ~ft~r such appro~-al (P. A. 34~ ~ 1980, ~c. 21L2i). (12) a new or existing .facility for which a commerchl hous'.mg fadlitles exemp- tion certificate is in effect, not inctading the land o~ which the new facility is located, is exempt for as long as the certificate is in force (See_ 211.7j). (13) a hcility for.which an industrlal facilities exemption certiticate is in effect, not including the land on which the new facility is located, is exempt for as long as the.certificate is in force (See. 211.7k). (14) ten-year 6xemption for newly discovered metallic mineral ore not part the property of an operating mine (See. 211,24). The following personal property is exempt from taxation: (I) personal property ¢[ charitable, educational, and scientific institutions, other than secret or fraternal sodetles, but including Charitable homes of such societies and nonprofit corporations owning and operating fac~llties the aged and chronically ill; public libraries; Grand Army of the Republic; Y. M. C. A.; W. C. T. Uz; Boy and Girl Scouts, campfire girls organiza- tions, 4-H clubs and similar organizations (See_ 211.9). (2) federal pensions; property o£ Indians who are not citizens; fire equipment (See. 211.9). (3) certain property of Michigan banks or trust companies, ~atlonal banks or incorporated bank holding companies controlling a bank, trust company or industrial bank subsidiary in Michigan; products, materials and/or goods, processed or otherwise, except alcoholic llquors, located in public warehouses, U. S. customs port of entry bonded warehouse, docks, or port facilities on December 31 and designated as in transit to out-of- state destinations; farm ~rodacts processed or otherwise, for ultimate human or animal consumption, except wine, beer and other alcoholic bever- ages, stored in a public warehouse, dock or port facility; all products in a U. S. customs port of entry bonded warehouse that have arrived from another state or a foreig~ country whether awaiting shipment to another state or to a final destination within this state (See. 211.9). (4) all personal property owned and used by a householder not used to produce income, not held for speculative investment and not constituting the ventory of goods for sale in the regular course of trade; household furnish: lugs, provisions and fuel to the value of $5,000 o[ each fraternity, sorority or student cooperative house; mechanics' tools up to $500 in equalized value (See. 211.9). (5) .property (including farm animals) actually used in a~'.'cultural operations and hrm implements held for sale or resale by retail servicing dealers for use in agrigultural production; personal property of a householder used in business up to $500 in equalized value (See. 211.9); registered motor vehicles (See. 257.801). (6) special tools, meaning manufacturing requisites, held for use and not for sale (See.. (7) grain subject to the grain tax (see ~20-543) is exempt from general prop- erty tax~s (See. 207.307). (8) real and personal property of water and air pollution "control facilities (Sees. 323.354, 336.4"). (9) property owhed by mass transit systems within the service area (See. 124.358). (I0) liquid or solid sugar, produced from sugar beets and dried beet pulp and 'beet molasses when owned or held by processors (See. 211.9). (I1) inventory property, but not including personalty intended for lease or properly' allowed a depreciation or depletion allowance under the Internal l~evenue Code (See. 211.9c). (12) mortgages or otiier securities held by savings and loan assodati6ns; persona~ property owned by such associations (See. 489.858); credit unions are subject to tax except as to real estate owned (See. 490.22). Michigan 1I 20-532 TI19703947
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(13) pe.r~or~I pz~p~rty o~ ~ p~t ~p~ pt~ (P. ~ 5~, ~ 1~; S~. ~I1.9). '~u~ l~lifi~ may ~pt ~n~ or I~sees o~ ~ble new ~l~m~t indus~ ~ad,Hfi~ ~om r~l ~d p~sonal p~p~ ~ ~or a pe~ of up to 12 y~. ~e ~em~on ~ ~t a~ly ~ la~d o~ whi~ fac~li~ is Io~ted or ~ inventor. H~ev~, an ann~ i~us~al fa~ifi~ mat be paid by owne~ d such~cilifies (Se~ ~.558, ~.561, ~7.5~). Facilities ~n a comme~al redevelopment district, oth~ ~an the land and personM prop~y (~ept ~or per~nal prope~y on land owned by ano~er), are ~empt ~or a period up to 12 years after completlon d the ~acility. An an- nual commercial facilities t~ ~s imposed on such f~ility (Secs. 9, 12, P. A. 255, ~ws 1978). ~al~ed l~lities may issue ~emption ce~lficat~ for new structures wh~e pdma~ pu~ose ~ ~ p~vide m~tlfamily housing and which consist o[ five or more ~ and are developed in a downtown d~velopment d~stricL The exemption is in effect for not more than 12 years and applies to ad vaI~em real and personal p~e~y t~ on the facility, but not on the land ~ which it is located. Lessees, occupants, ~ers or per~ns ~n poss~sion of such facilities are also exempt ~rom ad vat~em taxes. ~e owner o~ such facility must pay a commercial housing facilities ¢~ determined by multiplying ~e state equalized ~lue o~ ~e fadfi~, not ~ndu~g ~e ~nd, by one-hal~ o~ the to~l mills levied as proper~ tax~ ~or ~at year by all t~ing units within which the facility si~ated (P. A. 42, Laws 1980; Secs. ~7.~1~7.610). ~ousing o~ed and o~ted by a nonprofit corporation or association or the state or its instrumentality for use by elderly or handicapped ~amilies ~pt (Sec. 211.7d). Pe~ons 65 or older or totally and ~manentIy disabl~ persons are allowed to defer collection of speci~ assessments on homestead prope~ies o~ not less ~a~ ~. To be elioble, the pe~on must be a U. S. citizen, a resident o~ Michi~n for 5 or m~e yea~, the sole owner o~ the homestead ~or 5 or more y~rs, and have household income of no more than ~,~ ($10,0~, e~ective Janua~ I, 1~). Effective January I, 19~, the maximum dollar amount of household inc~e will be adjusted annually to refl~ changes in the Detroit consumer price index (P. A. ~3, ~ws 19~; Sec. 211.763). [~ 20-533] Basis.~All property, except certain property subject to levies to pay principal and interest on limited tax bonds ~ssued by governmental units prior to January 1, 19~, is assessed at 50~ o~ t~e cash value. Cash value is determined to be the selI~g price at private sale, rather than auction or forced sale, at the place where the oroperty is located at the assessment date. Assessors do not c~sider expenditures for normal maintenance in deter- mining true cash value until the property is sold (Sec. 211.~). Be~nning cember 31, 1980, agricultural, develo~ental, resid~tial, c~merclal, industrial, and timb~ cutover ~xable r~ pro~rty ~II ~ ~udized s~ara~ely (~ 211.34). The state g~lo~st must re~ his determination d ~e true c~h ~lue of ~llic mining prope~y to the State T~ ~m~ssion. The Com- ~ssion m~st assess mining pro~i~ containing ~ or more o£ ~tural ~ron ore per ton ~ ore in con~ity with ~I other p~ in the ~s~sing • stfict. The Commissi~ must assess ~I ocher medic mining at ~e value c~tified by the state g~Ioost (Sec. 211.24). [~ 20-534] Rates~The total amount o£ gene~I prope~y t~es imposed upon r~l and t~glble personal property for all pur~s~ in any one year can- not exceed 15 mills on each dollar of the assessed value of property ~ finally ~chigon ~ ~-533 @ xgs~, co~rce cI~ Ho~ T!19703948
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eqtmlir.ed (See. 6, Art, IX, Mich. Coo.st.). Real and perso~at lXmperty tax levies any other subdivisicm atttharlzed to |evy taxe~ However, siace th.e enactment of the state sales .tax, there has been no general state property tax levy. [~[ 20-535] l~eri0d Coveted-:Aecrual~--Taxes are collected for. the county or municipal fiscal year. [~[ 20~$36] Assessment Date.--Real property is subject to taxation as of December 31. Personal property shall be assessed in the township .in.which it is situated on December 31 (Secs, 211.2, 211,13). [~ 20-537] 8itus~--Real property shall be ~ssessed in the county where situated (See. 211.3). -Personal property, except as provided in See. 211.14, shall be assessed to the owner ir~ the township in which it is located on December 31 (See. 21t.13). Personal property situated in some township other than where the Owner resides shall be assessed in the township where situated. The personal property of minors shall be as.sessed in the town- ship where the guardian resides and the personal property of any other persofi under guardianship-shall be assessed to the guardian in the td.wn- ship where the ward resides. Personal property belonglng to the estates of deceased persons in the hands of executors, adm. inistrators or t~us.tees shall be assessed to them.in" the township or sch0~l district where the dece/~sed last dwelt. If the deceasedWas' a nonresident, the property shall be assessed in the township .where situated. 'Personal property under the control of a trustee or agent shall be assessed to him in the township where he resides. Personal property of nonresidents and all forest products shall be assessed in the.township where the same may be (See. 211..14). [~[ 20-537.1] Assessing Offieial.wThe township or ward supervisor or seSsot shall ~ike up the assessment roll upon which he shall set down the ndme of every person liable for taxation and a full des~ri13tlon of all real prop- errS liable to be taxed in his district (See. 21t.24). In cities, the city assessor shall perform all the duties and have the same powers touching the assessment of taxes as the supervisors have in townships. Such city assessors assess stnte, county and municip~l taxes within the city (See. 111.1)'. '~ [~" 20-537.2] Returns.--It shalI be the duty 6f each supervisor or other assessing official to requir~~ every person 6f full age and sound1, mind to return under oath a written statement of all persg,nal property of such person, firm or corporation whether owned or held for Use of another (See: 211.i8). The written statement must" be delivered to the Supervisor or' assessor on.br before February 20 annually (See. 211.19). On or'before the firsf Mofiday in March annually the supervisor or assessor/nust complete.' an assess/nent roll listing a!t taxpay:efg and taxable real. property (See. 211.2~,).. • . , [~[ 20-537.:~] Assessmbnt, Re~ision and Appe~].-'On .th~ first Tuesday after the first Monday in March the township board of review shall meet with the supervisor of the township and proceed to examhie a~d review the assess- .ment rolt prel~ared by. him (See. 211.29). The city boai-d of review shall meet at the. sarfie time a.s tl~e .township board 'except i.n chaffer, cities and review the geheral assessment ro11~ of.the city" (Se.c. 211.I07): Each county board of commissioners must meet in April each year to determine cou.nty equalized value (See. 211.34). AppeaImay be taken from such.local boards to the Tax TribunaI (Sec. 2!1.152). ' . ' State T~ Gtdde Michigan ~I 20-537;3 TI19703949
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2174 z~.~. ~z'~--~ ~ ~-~ due and become a ~en upon ~ p~p~ ~ ~ ~ D~ t (S~ 2H.~). All ~s a~ coI[ec~ by ~e c[~ ~asurers in ~ties, and ~p t~ o~[de of dfi~ (S~ 211.45). In ~hips not paying ~e ~urer a a ~ll-~ti~ f~ of 1~ is a~ ~ a~ ~ ~ pfi~ ~ F~a~ 15, ~fter in ~I t~n~ dist~c~ a ~llee~on fee ~ ~ is added; h~ever, the collection fee is limited to 1~ if ~e t~ s~tement has not been ma~ed to the ~xpayer o~ or before ~e December ~ preceding tax pa~ent (See. 211.~). Inte~ is ~mputed f~m M£~h 1 after ~e t~ were assessed (S~. 211.59). All Ci~ o~ Det~it ~ become due J~y 15, but the ~ may be paid in ~11 by Au~st 31 .~thout pen~ (Se~. 1, 4, Ch. 4, Title 6, Cha~er) ; or ~e ~x may be paid semi-annually, one-hal~ on Au~st 15 and one-half on ~anua~ 15 following, or p~yments may be made before such dates, in accordance with the monthly pre-payment cu~ent t~ plan (Sec. 4, ~. 4, Tit~ 6, Cha~er). Fou~ cl~s city taxes are payable before Janua~ 10, or if two instaIlments are provided by ordinance, ~e first is due on or before September 15 and the second before Janua~ 10 (Sec. 111.15). O~er city and village t~es are payable ~ provided by cha~er or ordinance. ~e~Ref~ences a~ to Mi~ Compiled ~ of 1970, as amended to dat~ Details ~e r~t~ in CCH Mzc~[~ Tax ~ ~t ~ 20-~. I 20-539 Infangible Personal Prope~ Tax [~ 20-539.1] Intangibl~ T~able.--All intangible personal proper~y hav- ing a situs in the state is t~able unless expressly exempt. Intan~bles subject to th~ tax, or exempt from the bx, are exempt from all general prope~y t~es in Michi~n (See. 205.132). [~ 20-53~.2] Exempfions~The following intangible personal prope~y is exempt from taxation (See. ~.133) : (1) obligations o~ the United States (to the ~tent th~ are ex~pt from state t~ation by act o~ Con~s), the state, and political subdiv~ions thereof; (2) mort~ges, land contracts, bonds, and notes on which a mo~ge and bond ~ w~ paid p~or to September 29, 1939; (3) mortgages on r~al ~tate o~ed ~d occupied by libraries, a~ories, lent, c~ritable, edu~tlonal, scientific or religious institutions; (4) intan~bles belon~ng to benevolent, charitable, religion, educational and non,profit s~enfifie i~tltufions inco~o~ted in Mi~, but not including secret or f~tem~ so~eti~; int~Obles o~ ch~table homes ~ such societies; (5) old age, retirement, or pension prog~s; (6) assets of stock bonus, pension or profit-sharing plans or t~sts which quali~ ~or ~emptlou from federal income t~es; (7) annuities prior to the t~e when ~ymen~ there~d~ shah act~lly commence; (8) ~sh surrender values and loan values o~ insurance policies and royalties; intangibles belon~ng to forei~ and domestic insur~ce complies ~n~ty complies doing b~iness in Michi~n; (9) intauglbl~ belonging to public utilities subject to speeial ~; (~0) in~bles belon~ to finan~al institutions; in~n~bles o~ed by or com- prising the ~sets o~ any pe~on or b~iness ente~fise en~ged in hess actlvi~ ~ defined in the single busln~s t~ (see ~ 10-530) if, were income received from such in~Obles, it would be conslder~ in deter~n- ing ~e ~nt o~ busin~s income as defined for slngl~ b~iness t~ pur~ in~nobles o~ ~it u~ns; (11) int~bles which represent other pr~e~y t~ed ~der this act; (12) shares o~ stock in ba~s, trust companies ~d national banking ass~atlons; ~higan I 20-538 @ ~, co~ee cl~ H~, TI19703950
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(13) d~tn'butio~s of s~x~k by re.on of ~ ~ o~ ~~ ~nd~ the ~t laws ~nsi~e~ ~ r~m~, ~ ~pi~l in ~e In~m~ R~e ~e A ded~tio, of $175 (not ~ ~ed ~50 for ~ed ~upl~ ~g join~y) is ~1~ on ~c ~ t~ ~mp~ on o~er ~ m~ .~ h~, ~ dep~.t or in ~ansit and ~ares of stock in bu~nff ~fl Io~n or sav~n~ ~nd Ioan ass~ clarions. A deduction is Mso Mlowefl ~ r~l es~ m~ges and land con~ts rec~vable for mo~g~ ~fl l~fl ~n~cts. pa~ble on ~e mine pr~ve~ covered by the mo~e or l~d con~t ~eivable (~ 205.133). [~20-539.3] Basis~All. intan~bles ~e assessed at their face or value. Co,orate stock Or o~er evidence of co, orate owne~hlp having no par or face value is deemed to have a ~ar or face ~ue of $1 per share or ~t. Dep~it liabilities or share liabillties o~ng to ~e fed~l govemm~t, ~y a~ncy or instmmentaIi~ thereof, Michigan,. any pollti~l subdivision ~iehigan or any Other bank or buil~nff and loanor savin~ and loan don, ~d the ~s ~ it,s ~f issue am ~dud~ from &e ~ (Se& 205.132). [~ 20-539.4] -Ra~es.--The rate og t~ on income produ~ng int~bles 3~ of income,, but not l~s than 1/10 of I~ of face or par value. ~e ~e of t~ on non-income producing intangible personal prope~y is 1/10 of of face or par vMue. The ~ on mqneys on hand or in transit is 20~ per of face value, b~ are taxed at 20¢ per $1,~ of ~e face vMue of deposits and savin~ and loan or building and loan ass~iations are t~ed at 20~ per $1,~ of ~e pald-ln value of ~e share in the association (See. 205.132). [~ 20-539.5] Pe~ Cove~Ac~al.~Intan~bles t~es are imposed for'the calendar year, but the t~ayer may obtain pe~ission from the depart- ment of revenue to use a fiscal year. [~20-539.6] Assessment Dare--The Depa~ment of Tre~u~ ret~ actively fixes a date,* the last day of any month during the year, for the dete~ination of mon~ on "hand,..~ t~siL or on fl~it, or b~ M-build,g, savings and loan associations (Sec. ~5.132)~ [~20-539.7] Sims~All intan~bles are taxed at the domicile of the owner or, in ~e case of nonresid~ts, where ~e Michi~n manager or a~nt ~ides (Sec. 205.131). [~ 20~39.8] A~s~g O~The ~ayer ass~s~ ~s own infant- bles (See. 205.134). [~ 20-539.9] Reg.--Returns are required to be filed with ~e Depa~- m~nt of Treasury~ on o~ befqre the last day of ~e fou~ mon~ ~ter the ~d of "the ~ ye~ (Sec. 205.1~4). Info~ation re~ must be ~ed by ~ste~ and ~gen~ on orbefore the last d~y of the rough month aft~ the ~fl of the t~'year (See. 205,1~a). ~ " " " [~20-539.10] Asse~ment, Re~sion ~d App,--As sdon as posslble after ~ch return is. filed, the Depa~ment o~,Treasu~ ~amin~ it and, if appears ~at the correct amount o~ .~he t~ is ~eat~r or less ~an that sho~ in the return, ~e ~ is recomputed and ~e co~ect t~ dete~ined (Se~ 20S.135). Appeals ~e .filed with the T~ T~bunal (Sec. 205.779). [~ 20-5~] Coll~tion.--The ~ i~ due ~d payable ~ the filing o~ ~t~ by the t~pay~ on ~ befo~the last day of the rough month after th~ end ot the t~ y~ .(~ec. ~5.134). Pe~o~s having intan~ble p~pe~ of others in thdlr cust~y shah collect and pay the t~ on behalf of the owners and 'may ~ollect the t~ from the owners (Se~' 205.136). The ~ date Is ~ovember 30, ~. State Tax Guide Michigan | 20-540 -[119703.951
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~re~ces ~re to Mic~za Compile~l L~w~ o~ 1970, as ame~d~ed to dz~e. Details are reporteet ~n CCH MzcmGa~ T~ 11e~e-~a at ~ 25-000. | 20-541 Public Utilities Specist Provislons.---The operati~ properties of railroad, union station and depot, telegraph, telephone, sleeping car, e~press, c~r 1o~ning, stock car, refrigerator car, and fast fre~ht line companies are subject to a specific tax on public utilities in lieu of all other taxes for stat~ and local purposes .eyxcept spedal assessments (See. 207.4). Materials and supplies, including ~patr parts and fur, are exempt (See. 207.5a). Assessment of this tax is made by the State Board of Assessors based upon returns fdeeL with the Board by corporations with gro~s receipts of $][ million or less between the 1st day of January and the 15th day of March, and by corporations with gross receipts of more than $1 million between January 1 and March 31, annually (Secs. 207.6, 207.9). Sleeping car company statements are due between January 1 and March 31 (See. 207.7). Public utilities are taxed at the average rate of taxation upon the general property of the state for state, county, township, school, and muriici~al purposes, l~.gilroads are allowed a credit against the tax equal to 25% of amounts spent for maintenance or improvement o~ Michigan rights of ~.ay for the prior year, but the credit cannot exceed the tax due (P. A. 322, Laws 1980; Sec. 207.13). The ~verage rate of taxation per ~1,000 for 1981 is $53.42 (CCH MIc~c~ Txx Rerog~g at ¶ 20-670.10). The tax i~ payable to the State Treasurer on July 1 following the assessment a~d levy, and is delinquent August I. If paid in two installments, one-h~rlf must be paid before August 1, and the remainder befo~:e December 1 (See. 207.14). 8ouree.~Re~erenees are to Michigan Comp|led Laws of 1970, as amet~ded to date. Details are reported in CCH M~cmo~1~ T-~x Rz~o~sg at ~ 20-000. ~/20.541,3 Low-Grade Iron Ore Properties Special Provisions.~Prior to the first calendar year in which production of merchantable iron ore from a low-grade iron ore mining property has been established on a commercial basis (or before the period o~ construction of plants for the beneficiation or treatment of such ore and experimental opera- tion thereof), the property is taxed at 0.55% of the mine value per gross ton based on the projected natural iron analysis of the ore pellets or the con- centrated and/or agglomerated products times the percentage completion of the mining property (Sec. 211.622). Thereafter, the rate of tax is 1.1~ of mine value per gross ton based on average natural iron analysis of.shipments for that year of ore pellets or concentrated and/or agglomerated products times the average afinual production in gross tons during the preceding five year period (See. 211.623). If the 1.1% tax is less than the 0.55% tax, the 0.55% tax is controlling. These taxes are in lieu of all ad valorem taxes on the property. The taxes are collected by the township treasurer at the same time as general property taxes (See. 211.67.4). Source~References are to Michigan Compiled Laws of I970, as amended to date. Details are reported in CCH MXCHXV~S T~x R~m~sa at ~[ 20-000. ~1 20.542 Underground Beneficiated Iron Ore Tax Special Provisions.--In lieu of ad valorem taxes (See. 207.229), the follow- ing taxes apply beginning with the first year after completion of the first loca~ agglomeratlng facility for underground beneficiated iron Ore (f~cilities subject to the above tax on low-grade iron ore are not considered as a' first facilffy) (See. 207.272) : Michigan 11 20.541 © ~sz, Comm~¢e ~ Ho~, ~. "i"119703952
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~,~ ~ z~z~-t~ "z'==e=--~=mm~ 2177 shi~en~ ~r ~e ~edi~ five y~ ~ ~ 2~ ~ ~e ~ ~ue of ~e o~ f. ~ ~ the p~y. or 2. If 75~ or more of avmu~ o~e s~pmen~ ~m p~e~ to w~ch ~e ~ z 1~' ~le ra~us ~ ~e mine, ~e ~ is eq~l ~ ~e p~cr~s avc~ an~al ~1 shipm~ ~or ~c pre~ding five y~r ~od ~ a~ of mine ~lue of b~ ~dc o~e £ ~ b. the propc~, or 3. If 75~ or more of ~nual ore shipm~ f~ prope~ ~ which n~er 'o~ the a~e ~es app~ ~ b~efi~ated lo~lly ~ t~t the ore ~!~ p~s though ~ inch s~n, ~e ~ on ~e p~ty an~ ~H~y ~ equal to th~ p~pert~s avenge ~nual total shi~ents for the preceding five y~r pe~od ttm~ 3% ~ue ~ue of base ~ ore L o. b. the proper~, or • ]f le~ than 25~ of ~nnual ~re shipments from p~er~ ~ whi~ the a~ ~o t~es would othe~se appty ~s a~lome~ted lowly, the t~ on the prope~y and ~acili~ is equal to (a) the property's average annual total ore shlpmen~ for the preceding five y~f pe6~ times the p~r~ which s~pm~ts fr~ the pr~ ~glemerated lo~lly ia the ~ y~r bear t~ the t~l ore shipmen~ f~m the pmperW ~or ~e s~e y~r mulfiplie~ ~ 2% of ~ne ~lue of b~e ~e ore f. ~ b. the proper~, plus (b) the pr~erty s average annual to~al ore shipments for the preceding five y~ ~eHo~ ~mes the propor~on ~ch shipmen~ from the property no~ zgglom~ted lo~lly in the tax y~r bear to total ore shipments ~m the proper~ in the s~e y~r multlpHed by 3% of ~ne ~lue of ~e grade ore f. o. b. the proper~. Prior to the firs~ full y~r after completio~ of an o~ prope~, the under- ~d ore from which ~11 be agglomerated or benefici~ted, or both, so ~s to become subject to one o~the ~bove t~xes, the t~x on the prope~y and faciliti~ is equal to the prope~y s ~ted ~nnu~l cap~clty times 1% of mine value of b~se grade or~ f. o. b. the prope~y multiplied by the percentage of comple~on of the ore prope~y ~nd f~cili~y (See. 207.273). During the ~st year of taxa- tion, the tax m~y no~ be less than 75~ of the zd v~lorem ~es levied on the pro~e~y the l~st year such t~xes were imposed. D~ing ~e second year mlmmum tax is 50~ of such ad valorem t~es (See. 207.274). These t~es are collected by the township or city treasurer at the ~me time as general pro~ ~y taxes (See. 207~77). So~¢e~References ~e to Mic~ Compiled ~ws of 197~, ~ am~d~ to Det~ ~e reposed in CCH M~c~r~ T~ ~t~ at ~ 2~0. ~ 20-544 Forest Rese~es Special Pro~sions.--P~v~e f~es~ res~ztions shall be ~emp~ ~rom fion on valu~tion in ~cess of ~1.~ per ~cre, but timber cut is sub~ec~ to 5~ stump~ge t~ (See. 320.281). Commercial forests ~e not subject to the ad ~lorem gener~I prope~y t~ but ~re subjec~ to an annual speci~c ~x of 15¢ per acre and an additional annual s~cific tax of 15¢ ~ ~r acre (P. A. 393, Laws 19~; Sec. 320.305). Commercial forests are also subject to a semi- a~uM yield t~ of 10% of total stumpage value. Both ~es are payable to the Depa~ment of Natural Resources (Sec. 320.3~). ~ce~R¢fer~ces a~ to MicM~ Compiled Laws of 1970, as am~ded to dat~ DeVils ~ reposed in CCH M~c~t~Au T~ ~a~ at ~ 2~. | 20-545 MINNESOTA [~ 20-546] Property Taxable~All real and personal property in the state, and all personal property of persons residing in the state, including the prop- erty of corporations, banks, banking companies, and bankers is taxable unless expressly exempt from taxation. A privilege tax is imposed on the use of x The additional a~nual speellle tax will be adjusted In 1990 and every lOth year thereafter to reflect charges In the state equallzed value per acre of timber cutover lands (P. A. 893, Laws 19~0; S~:. 320.3~6a). 8rate Tax Guide M|nnesota ~ 20°546 TI19703953
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2t78 ~,~-~ ,p~_~¢~ ~ ~-~ whe~ ~e~sed ~ a pHv~ p~on for use in a bus~s ~r p~ (S~. ~.0I). [~ 20-547] ~em~o~. ~e follo~ng p~ ~s ~empt f~ ~fion: {1) ~u~lic ~me~, public sch~ou~ ~blic h~tals (S~. 27~). (2) ~d~, ~II~ ~d ~ive~ ~d ~I ~ o£ I~ (S~ 2~.02). (3) church,, ~urch prope~ ~d houses o~ worship (Se~ 2~.~). (4) inst~tut~ of puffy public ch~ ~cept h~ng for the elderly or for ~d modem~ ~e ~H~ (Ch. 507, ~ws 1980 (S~ 272.~). (5) puMfc ~perty exclusively used ~r any public pu~osc (Sec. (6) proper~ o~ volunter fire departments used ~clus~vely for the prevention o~ and protection ~rom fire to the p~per~ of the ~u~ty (See. (7) bonds and certificates of ~ndebtedness ~sued by M~nn~o~ or ~ny political subd~s~on o~ ~e s~te (S¢~ 272.~); motor v~es on which dealers or dlst~butors bare ~d re~stm~on f~ ~or ~e ~ull ml~dar y~r (S~c. 1~8). (8) mHr~s (S¢c. 29~24), expr~ ~p~es (~c. 295.21), ~ht l~ne c~ panics (See. 2~5.24), sleeping car comp~cs (See. 295.~), t¢le~aph compass (See. 295.32) and tel~hone com~ (See. 295.~), which pay a ~oss rece~p~ ~ in l~eu of ad ~lorem. (9) class 2 proper~ o~ eve~ household to ~tent of $100 (See. 272.02); v~dcd such exemption m~y be repe~l~d by county board (See. 272.52); and prodded alt Class 2 prop~ty (household go~s) ~s ~empt from state t~at~on and may be ~empted from l~at t~at~on by the county board (See. 272.61). (10) homesteads to the ~tent of $12,~0 of market v~ue (See. 273.13). (11) pr~erty o~ feder~ly ~empt or~n~zat~o~ use~ to ~ov~de emergeucy shelters for d~est~c abuse v~ct~ms (Ch. 251, ~ws 1981; Sec. 27~.02), (12) personal propc~ o~ c¢~a~n ~nsumnce companies ~d t~tle insurance compa- nies paying the gross premiums t~ (See. (13) grin ~n hands of producer (Se~ 273.13); ~d f~rm mach~ne~ manufactured prior to 1930 and used for d~splay pu~oses (See. 272.02). (14) Hvestoc~, pouit~, horses, mules and other ~n~m~Is used for pu~oscs (See. 272.02). (~I~) containers subject to the s~te's sales t~ (See. 272.02). (16) a~cultura~ tools, ~mplements and mach~ne~ used by th~ owner ~u agricultural pursuit (See. ~2.02). (17) property, used p~marHy to ~bate ~nd control a~r, water or land pollution, ~her than r~l pr~er~ us~ p~ma~ly as a soH~ ~st~ d~sposal s~te (Ch. 5~, Laws 1980; S~. 272.02). (18) all ~g~cultuml products, ~nvento~es, sto~s of merchandise, a~ parts and supplies, ~um~ture and equ~pment~ manufacturers' mater~l, man~actured articles ~nclud~g ~nventor~ of m~nufacmrers, wholes~ers, retailers ~d contractors, hotel, mote~etc., fu~sh~ngs, tools and considered personal proper~ ~d tools, implements, ma~nery and equip- ment ~ttached to or installed ~n realty for use ~n the bus~ness or pr~uct~on activity carried thereon, ¢~cep~ personal property which ~s p~rt of an electro generating, transmission or d~st~but~on system or plpcl~n¢ system transposing ~t~, ~ or pet~ole~ products or mains and p~p~ used to d~st~bute ste~ or hot or ~lled water for h~ating or c~Hng buildings (19) mer~dlse, ~ept ~nem~s ~d liq~d ~roleum products, ~n ~ns~t from a nonresident to a finat destination outside Minneso~ while in a com- mercial storage warehouse (See. 272.022), ~d ~, poul~, vegetable and meat products, ~cept ~n, produced ~ processed ~n M~nn~ota goods and merch~d~se (~ccpt ~erals) m~uf~tured or pr~essed M~nnes~a and cons~ed to a person outside the state while ~n a c~e~ ~ storage warehouse (See. 272.0~). (~) wetls~s (~c. ~Z.02). ~nn~ ~ 2~547 ~ 1~, Co~erce Cl=~ Ho~ ~ TI1970395~
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(21) nztlve (~ ~ubj~ ~ a~al ~ ~e m~i~ i~ whi~ Io~, p~e~ not ~mg or ~o~s a~ not ~ ~ ~id~ ~r~ (~. 3~, L2ws .1981; S~. ~m). T~ ~ cla~ 3b pmp~ not ~er ~ a~ and cl~s 3c and class 3cc ~pe~ in an area eli~ble for relief from ~e ~ite pmp~ t~ ~Iief ~nd ~e reduged as ~llows : (a) pmpe~y with~ the boundafi~ of a municipali~ meeting t~ ~lief qualifications, ~ of the amour d such ~x, but not ov~ $385 ~ ; and (b) prope~y within the bo~daries of a s~ district me~ing t~ relief qualifications but which is ~tside the limits of a quMified munici~li~, 57~ of ~e am=t of such ~, but not over ~307 T~es on class 3b prope~ not over ~ acres and c1~s 3c and cla~ 3cc p~p~y in an ar~ di#ble for rdief from the taconite p~e~y tax relief, fund are reduc~ ~ follows: (a) prope~y within a school dist~ct ne~ m~ting the tax relief qualifica~s but which is in a coun~ of less .than 1~,~' ~rsons in which taconite is mined or quaked and which contfins a school district which does meet the ~x relief qualifications, if at 1eastS% of ~e area of ~e school district not meeting the qualifications is in such county, 57~ of the amount of such tax ~ quMifi~ prope~y in the district not meeting the qualifications for tax relief, but not ov6r ~75 ~; and (b) proper~ ~thin a school district not meeting t~ relief ~ualifications but ~n a school district in a county containing a city of the first ass and a qualifying municipality, but not in a school district containi~ a city of the first class or adjacen~ to a sch~l district containing a city of the first class unless the sch~l district ~ adjacent contains ~ qualifying munid- pality, 57~ of the amount of the tax, but not over $375 s (~. 437, @7, Laws 19~; Secs. 273.135, 273.139). T~es on buildings and appu~enances ~ereto owned and used by the occupant as ~ pe~anent residence located on taxable land title to which is vested in a person or entity other than ~e occup~t for all pu~oses other ~ payment of principal and interest on bonded indebtedness are reduced 35% but not by more ~an $250 (Sec. 273.13). Owners of ~empt wetlands are allowed a credit eq~l to ~ of 1~ of the avenge level of estimated market value of ~ acre of tillable land in the to~- shi#~' city or unorganized te~to~ in which the quali~ing wetland is located, multiplied by the number of acres o£ wetlands he owns (~. 432, ~ws 1~; Ch. 303, Laws 1~0; Sec. 273.I15). Owners of ~empt native prairie are ab l~ed a credi.t equal to 1~% ~ ~e average level of esti~t~ market value of an acre of tillable land ~ the township, ci~ or unor~nized te~to~ in w~ch the qualifying native pafirie is located, multiplied by the numb~ of acres of native prairie he owns (Ch. 432, ~ws 1980; Sec. 273.116). Effective for t~es levied in 1981, ~d thereafter, o~ers of ehss 3, 3b, 3c, 3cc, 3d, or 3f lands over which ~ns a high volt~e tmnsmission line, ~cept ~ line the eo~t~cti~ of whi~ w~ be~n p~or to July 1, 1974, will receive a credit in a~ amount determined by m~tiplying a fraction, the nume~tor of which is the len~h of high' voltage ~nsmission line which ms over that parcel and the denominator of which is the totM len~h of that pmicular line ~nning over all prope~y within the city, township or unor~- nized township by 10~ of the trans~ssion line tax revenue derived from the ~ on that porti~ of the line. The credit ~nno~ exce~ ~% of the total ~oss ~ The maxL, num amount Is Increased by ~ per year for taxe~ lmY~ble in 1979 and subeequent years (See. * The amount Is Increased 1.121, Laws 1~0; See. 273.1~9). State Tax Guide ~|tllles0ta TI19703955
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2180 tax on the pa_rcd prior to deductiou of the ~r~cul~tu~l credit ~l t~e l~om~- ste~i credit (Ch. 60~, Law~ 1980; Sec. 273A~2). A developer prolx~sL~g to consh-u~-~ hnprovements o~ property located within an industrial development district, a development d~strict or a redevel- opment project may apply for deferral of property ta~ uniSl 50~ of the area of- the buil.d~ng becomes occupied (Sec. 273.86). [~ 20-548] Basis.---The statutes provide that all property shall be valued at ~s market value.~ Effective for taxes ~evied in 1983 and thereafter, agri- cultural land is valued at the lesser of .its mark~ value or the value which could be derived from its free market gross rental rute capitalized at (Ch. 1, Laws 1981, 1st Sp. Sess.; Sec. 273.11). However, the statutes further provide for the classification of property" for asscssment purposes with different equalization percentages for the several classes as follows: Class 1, iron ore, mined or unmined, is valued at 50~ ; class la, products of blast and open hearth furnaces, utilized in the'form produced, at 15% ; class lb, interest in minerals owned separate from the surface of the realty, 25¢ per acre or portion thereof (minimum tax, :~2) ; class 2, household goods and furniture, at 25~ ; class 2a, mobile homes, ~t 28~; class 3, tools, implements and machinery of an electrical generating, transmission or distribution system or a pipeline system transporting or distributing water, gas or petroleum products or mains and pipes used to distribute steam or hot or chilled water for heating or cooling buildings, all agricultural land, real estate devoted to seasonal recreational use and not devoted to commercial purposes for more than 200 days in the y.car preceding the year of ~ssessment, buildings and structure situated on rural state or federal land, at 33~ ; agricultural land, 19~ ; real property devoted to temporary and seasonal residential occupancy for rccreation purposes is assessed at 21~; clazs 3a, resort land, at 12% ; class 3b/agricultural land used as a homestead, at 14~ of ~:he first ~x~0,000 (indexed according to the percentage increase in the statewide average price of a home), and 19~ of the remaining market value; class 3c,4 other real estate and class 2a property used as a homestead, at 16% of first ~;25,000 (indexed according to the percentage increase i~ the state, vide average price of a home), 22~ of next $7~,000 (indexed according to the percentage ~ncr~asc in the statewide average price of a home), and 28~ of Ternaining market value; class 3cc/ homestead of a blind person, dis- abled v.eteran or any person permanently disabled who is receiving public aid constituting at least 90% of the total income of such person, at 5% o~ the first ,~3,000 (indexed according to the percentage increase in the statewld~ average price of a home), 22~ of t~te nex~c $17,000 (indc~ced according to the percentage increase in the statew~de average price of a home), and 28~ of the remaining market value (in the case of agricultural l~:nd used as a home- stead, at 5~ of the first $~3,000 (indexed acco.rding to the percentage in- crease in the statewide average price of a home), 14% of the next $17,000 (indexed according to the percentage increase i.n the statewide average price ; For taxes payable In :L980, the amount of an Inc~ase in m~sessment of any property may not e~cceed 10% of the value Ln the preceding a~sessment .or ½ of th~ total Increase in valuation, which- ever is greater. The exce~s, ~ogether with any lncrea~e in value that has occurred since the previous assessment, will be added tO the market value of the property forpurposes of dete~nlning taxes to be levled in 1980, l~,able in 19~L In all subsequent asse~.sments, all reel property will be assessed at its full market value (Ch. 303, L~ws 1979; See. ~11). "The tax to be pald on class ~b property (not over 240 acres) and class 3c and 3ce proper~y, le~s an~ reduction received under See. 273.1~5 (above), is reduced by 58% and buIldlngs and appurtenances owned by the occupant on land not owned by the occupant Is reduced by ~8~ (maximum $650) for taxe~ payable in 1981 and thereafter ~Ch. 607, Y_ztwa :1fi~O; Ch. 303. :Laws See. :Z?~IS). ]~eetlve for ta~e$ payable after ~ the m~xlmum amount of the market ~ralue o£ the home~tead brackets Is adjusted ~cord/ng to the percentage Irmrease in the annual statawlde average ImrCha~e price o£ a home (the revised brackets are ~ounded to the nearest $i,0~0) (C2~ Laws .$9~t, let Sp. Sees, ; ~ec. 27~:13~). Minneso~o ~ 20-548 © 1982, Commerce Clearing House, Inc. TI19703956
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~ ~-~ ~'t'~==~~ 2181 use~l exekmively for ~ ~ ~ ~, ~, at 19% ; ~ 3f, ~ a~~ ~ by ~e ~cu~nt and us~ ~ a ~an~ r~i~ on l~d ~e ~ which is v~ ~ ~ ~on or ~, at ~~ plie~le ~ cl~s $b., class 3c ~ .c~s 3~ ~; c~s 3~, ~ on owned by the ~cu~t Rnd ~ as a hom~ a~ ~u~ ~ if ~y w~ homest~d prop~y within the scope of class Sc or cIass 3~c; and cl~s 4a, all o~er pr~erty, at ~ ; c~ 4b, ~1 o~er p~ ~at is ~mprov~ and is not u~d as ~ ~ a comm~ial or industrial acti~, a~ ~ ; cl~s 4c, ~m- me~ ~d indust~ proper~, ~ ~ fi~t $$0,~ ~d ~ ~ the remain- i~ market value. Motor vehiel~ public pzrklng ramps in first class eitles o~ n~ more than ~,~ are classified at ~eir present classification ~. Housing ~or the elderly ~ for low and moderate income families financed by a direct federal lo~ or ~eder~ly insured loan or a loan made by the Minne~a housi~ finance ~gency is ~sessed ~or 15 y~rs from c~ple~ion of the ori~nal construction or subs*until rehabili~tion, or f~ the ofiginat te~ o~ the loan, a~ ~ o~ market value. Lower income housing is ~scssed at 20% o[ its mar- ket value. Residenti~ real~ c~taining 4 or more ~its, other than m~onal residential, recr~tional realty ~d homesteads, is cl~sified ~ cl~s 3~ pmpe~ and h~ ~ t~able value equal to 36% o~ m~ value ¢~ t~s le~cd in 1981, and 34% ~ ~axes 1~ ~er~R~. R~idential r~lty eonmin~g $ or l~s ~i~, oth~ ~an s~ r~idenfial, r~r~fional ~ty and h~ stead~ is cl~sificd as e~xs 3d8 ~o~ and ~h~ a ~x~ble value equal ~ o~ market valu~ Quarried apa~ent housing of five or more may be assess~ ~t ~ o~ market value for a ~ of ~ years. If ~our ~ fewer stories, ~ assessment ru~io is $3~ ~ m~k~ value (Ch. 1, Laws 1981, 1st Sp. Sess.; ~. ~7, Laws 19~; Sec. ~3.13). Low ~de iron ore de- ~i~s (less ~ $0~) may, u~n dmsifi~on by the Dc~t o~ Revenue, ass~ at ~ perceRtage based on tonn~e reeov~ ~ iron ore coacent~t~ as ~ollows: 49% to 50% recovery, ~%; ~% to 49% recover, 47%; each subs~u~t 1% reduction o~ recovery reduces ass~m~t 1.~% but not 30~ (~c. 273.15). St~c~r~ own~ by ~ ~eighborh~d r~l ~tate t~st assess~ at 20~ of m~rket value if-a~ l~st ~ o~ the dwdlln~ uni~ l~sed to or oc~picd by • lower income ~a~ly (Ch. 562, ~ 19~; Sec. Effective for ~es levied in 1978 ~rough 1982, there shall be no increase in the assessed ~lue o~ qualified multiple unit residential buildings based on improvements made during the rehabilitation ye~ or any o~ the five years ~ollowing rehabili~tion (Sec. 273.1105). The market value of a solar, wind or a~icultu~lly derived methane gas system used as a heating, e~ling or electric power source, which is installed prior to ~anuary 1, 1984, is excluded from ~he market value o~ the building or structure if ~he ~op~ is not used to provide ener~ f~ sale (See. ~3.11). [~ 20-~49] Rate--The ~ rates in Minnesota ~e eompa~tlvely ~gh because o~ the low valuation o~ cermln classes o~ proper~. Rates are the ag~egate of all lawful levies. County auditors must reduce ~e tax ~ cultural lands receiving the homestead credit by an amount equal to the leW that would be pranced by applying a rate o~ 15 milIs on the property. The ~ on all o~er a~eultural lan~ and real~ devoted to tempom~ and se~onal ~oncomme~ial residential use ~or reer~tlonal pu~oses is reduced by an amour that would be pranced by applying a rate o~ I0 mills on pr~e~y (See. 273.132). Sbte Tax G~de ~nn~ota ~ 20-549 TI19703957
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2182 ~ Tax~--~m~a ~m ~-~ [~20-550]; l~eriod Covered~aL--The s~t~ do ~ sp~IIy ~t~ ~~e~~but~ ~~ o~e~ bills ~Is that t~ p~y~le in one year cov~ the p~c~in~ ~lend~ y~, i. e., the 1~9 ~ a~ pa~ble in 1~, ~ [~ Z0-551] A~sm~t D~I r~Ity subject to ~ is Iist~ and at I~t ~f~ ~ ~e ~r~s listed ~ apprised ~ ~r ~ ~fe~ce ~ the~ vM~ on Jan~ 2 preying the a~essment so ~at each ~rc~.m re- apprised at ~um int~Is o~ four yea~. R~ becoming ~b~ m a~ y~r is listed with re~erence to its value on Janua~ 2 of ~at year. ~ersona prope~y is assessed annually as of Janua~ 2 (Sec. 273.01). [~ 20-552] Si~Real estate is taxable at the place where it is situated and personal prope~ is gene~ly t~able to the owner at the place of his d~e (Sec. 273,26). However, the ~rs~al p~pe~ us~ in b~iness by a inerrant or ~nufac~rer is ~able at ~e pla~ such busin~s is ~ed on (S~. 273.29) and personal prope~ of non-r~id~ts being used on a fa~ in this State is ~able at the situs of ~e fa~ (Sec. 273.30). Grain in devators on a rail~ad right-of-~y is assessed in the district where such elevator is located (Sec. 273.31). Logs and timber ~ transit are assessed in the district wh~e found on January 2 (Sec. 273.29). The personal proper~ of g~ and water companies is assessable at the place where located (Sec. 273.35) and the personal prope~y of electric light and power companies is assessed where si~ted (S~. 273.36). Per~nal prope~y moved fr~ ~e distfi~ to ano~er between January 2 and March 1 is taxable in the district whose ~sessor first calls upon the owner for a return (Sec. 273.47) and all disputes as to situs are determined by the Department of Revenue (Sec. 273.48). [~20-553] Assessing O~ci~. The originM assessments are compiled by township and village assessors (Sec. 273.08) ; inter-countw operating property of utilities is assessed by the Department of ~evenue (Secs. 273.37, et seq.). [~20-554] Retums.~Every person is required to make out a verified statement of all personal property owned by him on January 2 of the current year (Sec. 273,25). [~ ~0-554.1] Assessm~nh Re~sion and App~al.~The original assessment is ~mpiled by ~e I~[ ~sess~ and t~ coun~ ~se~r carefully ~mln~ ~e assessment books to determine if ~ere is any omitted prope~ (Sec. 274.08). The assessment is then subject to review by the local board of review which is composed of the town board of each town, the council or governing body of each village and city (Sec. 274,01). This board hears all the complaints o[ t~- payers. The county commissioners toge~er with the county ~uditor consti- tute the county board of equalization and meet ~uly 1 to review the county assessment roils (Sec. 274.13). ~e board has power to increase and reduce assessments where su~ adjustments .appear necessa~. The Depa~ment o~ Revenue has gene~l supe~iso~ powers over assessments (Sec. ~70.~). Appeals from l~al ~sessments may be taken to the district court upon pay- ment of 50 per cent of the amount of t~ claimed due (unless waived by the couP) (Secs. ~8.01, et seq.). Appeals ~rom the Depa~ment of Revenue are t~en directly to the Supreme Cou~ but ~e limited to specific grounds enu- me, ted in the statutes (Sec. 270.20, et seq.). [~ 20-555] Cdlecfion.~Taxes are ~ lien on the property from Janua~ 2 of the a~essment year, but as between ~antor and ~ntee the tax attaches ~ of the first Monday in Janua~ succeeding (Sec. 272.31). On the first Monday in Janu~ the county tre~urer opens his o~ce for the collection ~ t~es TI 19703958
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(See. 27&01), but when real estate taxes ~ ~0 ~ may be p~ in ~ ~s~l~en~ ~hd~ ~ ~ J~ ~t ~ the r~nder ~r~ ~ ~em~er ~ ~ ~ q~ly installmen~ p~or ~ Ap~J ~t, June ~st, Septem~¢~ ~st ~d H~ember ~rst (S~ 279.01). Pe~on~ p~pe~ t~es become delinquent on M~h ~t ~ept ~at ~ ~e ~ount exce~s ~10 ~ey, ~ may be p~d ~n two equ~ ~s~Imen~ pH~ to M~h ~t ~d }u]y ~t (S~. 277.01). So~¢~Rd~ences are to Minn~om Staffi~s o£ 1~8, as ~e~ to dzte. Dens arc r~rted in CCH MIN~A TAx ~ at ~ ~-~. | 20-556 Investment Companies Special Provislons.---Shares of stock of investment compan-ies shall assessed and taxed in the taxing district where the company has it~ principal place of business. The basis for valuation is the aggregate amount of capital, surplus and undivid~1 profits less real property, tangible personal pr~ and Minnesota state or municipal bonds; the assessment is ma~le at 53~ the value. This tax is in lieu of all other taxes on investment companies, except income taxes, and in 1~eu of all taxes on such shares and taxes on the property of such investment companies except upon real property, tangible personal property, motor vehicles, mortgage registry taxes and taxes on fr~an- chises measured by income (See. 273.56). Source.~References are to Minnesota Statutes of 19/8, as amended .to date. l)etaffs are reported in CCH MINNESOTA TAX REPORTER at ~[ 20-000. | 20-558 Auxiliary Forests Special Provisions.--Auxiliary forest land is taxed at the rate of 10¢ per acre plus a fire protection tax of 3¢ per acre. When the first timber is removed, it is subject to a yield tax of 40% of the true and fair value and on-timber removed thereafter, the rate is reduced 2% per year unti! it reaches 10~, after which it remains fixed at that level. An alternative tax may be paid, equal to 10~ of stumpage value on the annual growth, deter~mined by multiplying the acreage of each legal description included by the acre quantity of each growth by species. Reports are filed with the county auditor on April IS. Payments are made to the county treasurer on May 31 (Sees. 88.47, et seq.). Sourcec--References are to Minnesota Statutes of 1978, as amended to date. Details are reported in CCH MI~F~O~A TAX P~2OR~R at II 20-000. | 20-559 Public Utilities Special Provisions.--Most public utilities are exempt from ad valorem assessment by virtue of the payment of gross receipts taxes. This is true of express, freight line, sleeping car, telephone and telegraph companies. The personal property of certain electric light and power companies ~nd street railways, turnpike, bridge and pipeline companies is assessed by the Depart- ment of Revenue (Secs. 273.33, 273.43, 295.01 et seq.). Source.~References arc to Minnesota Statutes of 1978, as amendect to date. Details are reported in CCH MII~ESOT~ TAX RY20~'Z~ at I[ 80-000. ~I 20-559.2 Airline Companies Special Provisions.~The flight property of air carriers operating in Minne- sota under a certificate of public convenience and necessity or under authorization from the LT. S. Civil Aeronautics Board is assessed annually by the Commissioner of Revenue. Aircraft with a gross weight of less than 30,000 lbs. and used on inter- s~t='z~ Guid~ Minnesota ~ 20-559.2 TI19703959
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mitte~ at or irregularly timed flights are exempt (See. 270J)72). The market val~e of ~I flight prc~rty of every airline company o~cr~ug in Minnesota is determined by the Commissioner and apportioned to Minnesota. Such apportioned value ~s assessed at 33~ o~ value (See. 270.074). The rate o~ tax levied against s~ch assessed value is detea-mined by the Commissioner and may not exceed the average of tax rates levied throughout the state tot the preceding year. The tax is due January 1 following levy and delinquent if unpaid after February 1 (Sec~ 270:075 ). Annual reports must he filed at the time specified by the Commissioner (currently, July 1 ; Mx~N~scrrx STA~s TAx RsPORT~, ~ 21-060) (Sec. 270.72). 8ource.--References ~re to Minnesota Statutes ot 1978, as amended to date. Details are reported in CCH M~ZSOTA TAX Rz~oxrsz at [ 20-0~0. ~1 20-559.3 Tree Growth Tax Special Provisions.--Forest lands growing commercial forest type trees shall be taxed 30% o~ the value of the estimated average annual growth. Temporarily non-productive forest type land shall be taxed at 5¢ per acre per year, provided the owner complies with his reforestation agreement. I£ he does not comply within the specified time, the land shall be taxed at 15# per acre. Permanently non-productive lands shall be taxed at 5¢ per acre per year (Sec. 270.36). Source~--References are to Minnesota Statutes o~ 1978, as amemled to date. Details are reported in CCH M~zsoz^ Tax RzP0~rss at ~[ 20-000. ~I 20-559.4 Railroads Special Provisions.--The Commissioner of Revenue will annually deter- mine the fair market value o~ the operating property of every railroad company doing business in Minnesota as o~ January 2 (See. 270.84). The Commissioner will apportion the value to the respective counties and to the taxing districts therein (Sec. 270.86). Annual reports are due on or before April 30 (See. 270.82) and the tax will be collected in the same manner as on the commercial and industrial property of the county a~zt the taxing districts therein (Sec. 270.87). For 1979 and 1980 only, if the amount of gross earnings tax paid (see ~[ 80-545) is less than the amount of property tax due, the additional tax must be paid ~t the same time as the tax on nonhomestead property. If the amount of the gross earnings tax paid exceeds the amount of property tax due, the excess will be refunded. Soureec--Referenccs are to Minnesota Statutes of 1978, as amended to date. Details are reported i~ CCH M~z~zso~A Tax RzPo~ at ~ 20-000. II 20-560 MISSISSIPPI [~] 20-551] Property Taxable.~All property, real and personal, is ~ubject to taxation unless expressly exempt (Miss. Cons*., Sec. 112). From and after September 30, 1982, the sta~e property tax levy is repealed (See. 1, H. B. 5, Laws 1981, 1st Sp. Sess.; Sec. 24, Ch. 505, Laws 1980). Banks are subject to tax on their real property (Sec. 27-35-11) and e~a their personal property (Sec. 27-35-12). Th~ intan~bles tax on banks is summarized at ~" 20-574. Minnesota ~I 20-559.3 © lg~, Commerce ClearinK Hotme~ Inc. TI19703960
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l~tr a'~e~-~~ 2185 20-b~ZJ Effiemptio~s.~The ~oliowing p~p~ is ~pt ~ ~on: . (1) nou~t'~p~ ~c ~wer ~a~en~ ~t moor ve~ s~te ad ~ o~) (Se~ ~-31-I~. (2) ~ ~ud~ l~old ~t~ u~n ~ o~, ~ and oth~ mia~ ~ ~ und~ ~ m ~e sm~ a~ ~I non~ scrod ~I and (3) s~[fl~ ~mmd ne~ ~o~es ~d new ~te~ for a period ~n ymrs ~m county and munic~ ~es, b~t not the ~oducts ~er~ or ~dr v~cles (~ ~-31-101). (4) .~41i~ ~gs f~ ~e p~uct[on o~ ~I, ~, sul~, sMt or other (Sec. 27-17-1~). (~) property o~ ~e state ~d ~I~t[~l su~v~s~ons ~er~ bonds ~ o~er dences of [ndebt~ess oI ~c state ~ polit[~ subd~ ~er~f (S~. 27-31-I). (6) b~ dcpos~; sh~ o~ stock, ~nds ~nd notes ~n ~ncm~ agricultural credit ~o~t~on st~ks, bonds, ]~ns ~d money lo~ed at ~ ~te ~ interest o~ 8~ or less (Sees. 27-31-I, 27-31-17, 27-~5-~1). (7) pr~eRy ~n ~t; pr~y ~ ~e Na~ G~rd; c~e~es (S~s. ~1-I, (8) ~ pr~uce in the h~ o~ the pr~ucer for ~o y~rs: ~ implements. used ~or cuI~t[on and ha~es~ng o~ ~ops (Se~ 27-31-1). (9) property used ~clus~wly ~or nonprofit school, refugees, hospital, ~ (~ccpt ~to~ v~ides) ~d s~m[lar 9u~os~; MI .r~l ~d personal proper~ bd~n~ng to ~nd~vlduals, ~nsfitu~ons or co~o~fions used ~n the o~e~ oI z ~mar sch~l, junior h~gh s~1, high sch~l o~ . s~l~ ~I ~ter ~ud sewer systems; nonprofit confederate soldiers' (10) all growing, severed and st~d[ng t~ber, trees and sh~bs (See. 27-25-27). (11) h~old ~n[ture kept for the o~e?s personal use; all we~ng apparel; jeweI~ to the ~uc o~ ~1~; pr~s~ons on hand ~or ~Iy use~ ~ns and pistols for private use; lib~ics of all person; pictures and works o~ art not kept or o~ered for sale a~ merchan~se (Scc. 27-31-I)." (12) ~oult~ ~ the hands oF the producer~ all cattle, oxen, sheep, ~oats, hogs, horses, mules and '~ses; all horse-dra~ vehicles kept for ~e use o~ the own~ (See. 27-31-1). (13) boa~, seines ~d fish~ equipment ~ ~ fis~g ~d sh~mp~n~ ~d in the t~[ng or ~t~ng o~ o~ters; all tow~ats, tugbos~ and barg~ documented under ~cdcral law (See. 27-31-I). (14) vessels or materials used ~n their const~ct~on or conversion ~or period of constr~cfion dr conversion and 12 mo~ths ther~R~, if ~n h~ of m~ 1acturer (See. 2F-31-1). (15) ~n ~p6on fr~ ~I smtc ad valor~ ~es le~sd thr~gh 1981 and certain I~I ~ ~Ior~ ~ is prodded lot h~estcads ~ed and actua11~ ~ed ~ hom~ by residents who ~r~ hca~ of ~amil~ to the ~l~ $~,~ ~ ~ion ~ the ~lue of $5,~ is provid~ against all val~em ~m for h~ds o~ ~I[~ who ~e ~nently and to~lly disabled v~s, 6~ or old~ or who arc cI~sified ~ disabled under the Social S~u~ty Act (Ch. 505, ~ws 19~; Se~ 27-~-3)~ ~e ~emp~on f~ hom~ ste~s ~[~ ~c~lifi~ ~s l~mRed to 1~ a~es (See. (16) p~sonal .property in transit through the state which is moving ~n ~nterstate commerce or which was consigned to a l[ce~ed ~ree port warehouse ~rom outside the state (S¢c. 27-31-~). (17) m~ufacmred products owned by dr remaking in the hznds o~ a manu- facturer, or its subsidiary, and lo~ted ~n M~ss]ss~pp[, ~I ultimately to be ~p~d or sold to other than ~e final cons~er and n~ ~t retail (See. 27~1-~). • ~18) o~], ~s and petroleum products~ ~ned by a person or firm operating refln~ ~ the sm~e~ w~le ~ ~n~ ~ or in~e h~ds ~ the refin~ (Sec. 27-31-19). T~ a~de ~ss~ss~ppi ~ 20-562 TI19703961
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2186 (19) [rroperty o£ nonprofit agricultural and mech~ "cal ~~ ~ ~ used ~ned by ~e ~ucer ~d ~I 1~ in p~u~o~ ~n~ mine~ (21) ~% ~ n~ ~ ~d repr~ ~d~ or ~idu~ n~l~r ~el ' p~uc~ ~ed ~ ~ ~ ~ in ~l~city ge~ by p~blic u~ (Ch. 479, ~ws 1980; Se~ ~1-1). M~icipaliti~ hz~ng a population of more than 45,~ may ~mpt f~ ~y ~ ~ll muni~ p~e~ t~, ~clu~g s~l ~s~ict ~xes, a p~iod ~ not more th~n 7 y~s, ~7 privately owned n~ st~ctur~ and any new renovations o[ ~d improv~ to e~sfinff s~c~res within a cen~l business ~istrict. Counties ~in which s~h locs~d m~y ~empt such structures, renovations and improvements [rom ~ny ~ ~II c~ ~xes ~ an c~mp~on h~ b~n ~nted by the muni~- ~unti~ and munJcipal[ti~ may g~nt ex~pti~s on re~l property without a building that is ~ned by a nonprofit industri~ foundation, cor- poration or association ~or ~e promotion of economic and indust~ devel- opment, that is acquired for the ~le pu~ose of ma~ng sites avsil~le for industri~ development (See. 1, ~. 506, Laws 1~1). Counties and munici~llti~ wher~n ~ free ~t w~ehouse is l~ted may ~empt from l~al t~es personal property in ~anslt thro~h the state and co~i~ed or transf~r~ to the wa~housc f~ storage in transit to a destination outside the s~ste (S. B. ~39, Laws 1981; S~. 27-31-53). [~ 20-563] Basis~Property shall be assessed in pro~i~ to i~ true value (Miss. Const., Sec. 112; Ch. 505, L~ws 19~; Sec. 27-35-15, 27-35~9). [~ 20-564] Rates.~The county ~te is fixed by the c~nty officials, su~ iect to st~tuto~ llmi~, ~d is the sum o£ ~ll lawful levies (Sec. 27-39-303). ~e s~ r~t~ is # mills x (See. ~9-1). [~Z0-565] Pe~od .Covered--Acc~T~able re~l prope~y situated in Mississippi acquired or held before J~nua~ 1 o~ each year and all other ~able prope~y, exert heavy duty equipment, so situated ~ brought into the • ~ate at any time prior to March 1 of each ye~ is assessed and ~xes thereon paid f~ the ensuing year. Hea~ duty equipment is assessed ~d taxes ~id ~ereon at any time it is bright into Mississippi for use as c~st~ction equip ment, the a~essment to be pro~t~ wi~ respect to ~e number of monks Idt in the year (Sec 27-35-3). [~ 2~566] Asses~ent Date~Real prope~y is asse~ed ~ of Jan~ I. All other property, ~c~t h~vy duty equipment, brought into the s~te prior to ~arch 1 is subject to assessment. Heavy duty equipment is assessed when brought into the state at any time o£ the year (See. 27-35-1). The tax~ are a lien on all prope~y from the assessment date. Tax assesses will annually appraise all p~sonal pro~y subject to in their coun~ (See. 27-35-15). [~ 20-567] Si~s~Real prope~y is assessed in the taxing dist~ct where situated. All tan~ble personal property is assessed where lo~ted on the. day ~ Effective f~om ~n~t after September- 30, 19~, the state propes~ tax levy is repeeled (Se~. 1, H, B. 5, I~aws 1~6~, ~s~ °op, Ses~ ; Se~ :~L Ch, ~, Laws Mississippi ~1 20-563 © 1982, Commerce Cleaz~ng Hmme, Inc. T!19703962
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t~e t~ l~e,, ~ ~ (Se~- 27-26-7). Bv~ situs is recognized (S~c. 27-~1). ~] A~ O~The ~un~ a~sor ~ ea~ ¢oun~ ~unici~I ~men~ ~e made by ~e m~cipal ~s~s~ (S~ ~). before Ap~ 1 (Se~. ~-35-21,. 27-~43). [~2~.70] Asse~en~ R~sion ~d Appe~--~ses~ent is made by ~e 1~ ~ssor, subject to equalization by the b~ of supe~iso~ (See. ~45-~). Objections to ~essmen~ ~y be filed wi~ ~e hoard ~ su~r- viso~ (~. 27~5~9). AppeM from ~ decision ~ the bo~d o~ supe~isors or m~icipal authorities lies to ~e county ci~uit cou~ (~c. 11-51-77). Munici~l ~ssm~ts are made by copying from the county ~se~ment roils ~e prop- ~y o~er ~e assessor to m~e a separate ~s~sm~t ~h year (See. 21-33-9). The governing body of each municipality may co~ect the valuation (See. 2143-27) and an appeal may be t~en to ~e drcuit cou~ (See. 21-33~9). [~ 20-571] CoHecfion~All state, county, school and municipal t~. are payable in three installments ~ followi: one-half on ~ before Feb~a~ 1 ~ollowing ~e ass~sment date, ~e-fou~h on on~omh on or before Au~st [ f~lowing (See. 27~1-1). T~es ~e delin- quent ~ter the due dates (See. 2741-11). S~c~Reiereuces ~e to Mississippi C~e r~ed in CCH ~ssIss*PPt Tax ~ at | 20-572 Public Utilities Special Provislons.--The property of railroad, telegraph, sleeping car, express, gas, street, suburban and interurban railroad (in.eluding motor bus companies operating as street cars) and pipe line compames in a county and the property o~ telephone, waterworks, and electric power companies not situated wholly in one county are assessed .by the State ~ Commission (Secs. 27=35-301, 27-35-309). Property of nonprofit cooperative electric power associations is exempt from tax (See. 27-31-15). Returns of railroads and utilities, other than car companies, are filed with the State Tax Commission on or before the first Monday in April (Sees. 27-35-303, 27-35-323). Car com- panles file on April 1 (See. 27-35-509). The assessment as made by the Tax Commission is apportioned to the various lo¢al governments, placedupon the county and municipal rolls and the taxes collected in the same manner as other co.unty and municipal taxes (Sees. 27-35-515, 27-35-523). ~ource.--Re~erences are to N/isslssippi Code o~ 1972, as amended to date. Details are reported in CCH Mzssxsstrr~ T.~x Rz~mr~,a at 720-000. ~ 20-573 Motor Vehicles Special Provisions.uThe motor vehicle ad valorem tax is paid at the time of payment of the motor vehicle registration fees and is treated at 1[ 50-562. ii 20-574 I~nk Intangibles Tax Special Provislons.--Federal and state banks and banking associations compute net worth and then deduct the amount of capital invested in real estate owned by the bank, the par value of preferred stock and debentures owned by the Reconstruction Finance Corporation or other similar govern- st~u~ tax c~d, Mississippi 11 20-574 T! 19703963
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me~t agencies, and "earned surplus" to the extent authorized by the bank equalization statute. The remainder is the basis of the assessment of the in- tangibles of the bank, o~ d the capital to the owner in case the bank is not corporation or joint stock company. Banks that are not corporations or stock companies are similarly assessed (See_ 27-35-35). Banksare taxed at the gen- eral property tax rate (See ¶ 20-560) (Sec. 27-35-39). Property taxes on per- sonal property paid by a bank shall be credited against the intangibles tax and any intangibles tax paid by a b~nk shall be credited against the franchise tax (Sec. 27-35-35). Annual reports are flied on or before April 1 with the assessor of the county in which the bank or banking association is located (Se~ 27-35-35). The tax is due and payable on or before December 1 to the collector of taxes in.the county in which the bank or association is located. National banks m~y pay the tax and charge the same to their expense account or to the account of each shareholder proportionately (Secs. 27-35-35, 27-35-39). Source.--References are to Mississippi Code of 1972, as amended to date. Details are reported in CCH MzssxsstePI TAx R~eORT~ at | 20-575 MISSOURI [~[ 20-576] Property Taxable.--All property is classified for tax purposes as Class 1, real property; Class 2, tangible personal property; Class 3, in- tangible personal property; grain and other agricultural crops in an unmanu- factured state compose a separate class of tangible personal property (S. B. 13, Laws 1981; Sec. 137.015). [720-577] Exemptions.--The following are exempt from taxation: (1) property of the state and its political subdivisions; (2) nonprofit cemeteries; (3) real estate and tangible personal property used exclusively for agricultural or horticultural soc|etles; (4) all property actually and regularly used exclusively for religious, educational or charil~ble purposes, and not for profit; (5) household goods, furniture, wearing apparel and articles of personal use owned and used by a person in his home (See. 137.100); (6) in-transit property or property consigned to a warehouse in Missouri from outside the state acquires no tax situs in Missouri if the property is in transit to a final destination outside the state (Sec. 137.093). (7) commission merchants with respect to unmant~actured articles, consigned for sale, in which they have no interest other than their commissions 150.040) (8) Deferred maintenance to dwellings o~ four or fewer resktenfial traits begu~_ during the period Januar~ I, 19~8, to December 31, 1983, for five years after activity ha~ begun (See. 137.114). [~] 20-578] Basis.--All real and tangible personal property is assessed at 33~% of true value in money. Grain and other agricultural crops in an unmanufactured condition are assessed at t~ of 1% of their true value in money (S. 13. 13, Laws 1981; Sec~ 137.115). The value of land actively devoted to agricultural or horticultural use is that value which the land has for agricultural or horticultural use (See. 137.017). [~ 20-579] Rates.--The tax rate is the aggregate of all lawful levies. Missouri ~ 20-575 © 1982, Commerce Cleari~tg House, Inc. TI 19703964
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~ ~'~ l~r~r ~"J~--~=~=~ 2189 [~'20.-~80] Period Cove ~z~d--Acm~n~Evezy ~e~on o~in~ ~ ~ or ta~n~b~ p~on~l p~er~ ,~ ~c ~t d~ ,~ ~a~ sh~1 be ~iable ~or ~ ~ ~H~ ~e s~e ~end~ y~r (S~ 13T~5). For ~eral mc~e ~ ~ ~s a~e ~ ~ ~ ~ ~ w~ ~sessment is made. ,[~2~8l] A~smeat Date~ and ~n~ble personal prope~y asse~ed as of ~e ~st day of ]anua~ (See. 137.075). [~20~8~] Si~s~Real pr~e~ shM] be assessed where situate. T~ble pe~onal prope~ shall be asse~ed in the county in which ~e owner r~/des ~cept houseboats~ cabin cruisers and t~iler homes are ass~ed in ~e coun~ whe~ located (Sec. 13Z.~), and the tangible personal property o[ co~ora- fions shall be assessed where si~ated. Vehicles of motor c~]ers ~e ~sed where based (Sec. 137.~5). All t~ on boats ~d vessels shall be assessed in the counW or city in whi~ the owner may reside (Sec. 154.010). [[20~83] Assess~g Official.~The ass~sor or his deputies list all real and tangible personal property (Sec. 137.115). [~2~58~.1] Re,ms--The assessor or his deputies shall require each person to make a co~ect statement of all t~able real and tan~ble person~ proper~ between Janua~ I and June I (Sec. 137.11S). [~2~58~.2] A~e~men~ Re~slon ~d App~The county board o~ equalization shall meet on the second Monday in July annually to hear com- plaints and to equalize the valuation and assessments upon all t~ble real and tangible pe~onal property (Sec. 138.030). Appeal from the county board of equalization is to ~e State T~ Commission (Sec. 138.~0). E~o~eous assessments of [and by the assessor or his deputies may be remedied by the coun~ court (Sec. 137.270). Appeal lies from the county board of equaffza- tion, the State T~ Commission, and the county cou~ to the supreme courL [~Z0-S84] Co~ecfion~A lien is vested in the state on all real proper~ for all t~es levied thereon. The lie~ continues in force until all t~es and costs are paid (Sec. 137.085). Taxes are paid to the collectors of revenue the seve~l counties, who, immediately after the receipt o~ the t~ books, shall ~ve 20 days' notice of the time and place at which ~ey will receive and collect the t~es (Sec. 139.010). Taxes on real and tan~ble personal prope~y become delinquent on Janua~ I (Se~. 139.1~). ~e.~Reterences are to Missouri Redsed Statutes, as amended to date. For:~eta~Is, s~ CCH M~sso~m T~ R~ at g20-~. ~ 20-587 ~erchonls ond Speci~ ~o~sions.~All merchants shall be licensed (See. I5&l~) and shall pay an ad valor~ t~ equal to that levied on real estate, upon the ~nt of dl ~, war~ and merchandise, ~ce~ for g~in and other cultu~l crops in an unmanu~actur~ condition, that they may have in their p~session or control, whether owned by ~em or ~nsi~ed to them, ~n ~anua~ I of each year. Howev~, no c~mlssion m~chant shall be required to pay any tax on any unmanufact~ed a~icle, which may have been con- si~ed for sale, and in which he has no owne~hip or interest other than his ~isslon (S. B. 13, ~aws 1981; ~c. 150.~). Eve~ m~ch~t must fumi~ the coun~ assessor, on the first Monday in May, annually, with a statement of ~e ~eatest amount ~ su~ merchandise which he may have had on hand ~y t~me between the first Monday in J~u~ and the first Monday in April n~t preceding (Sec. IS0.0S0), and ~y the t~ due thereon ~ or before S~te T~ G~de Missou~ ~ ~-587 TI19703965
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December 31 g~ ~d other a~l~ral cr~ i~ ~ unm~n~c~d ~fi~), ~ ~11 as ~l~ m~hin~ and ~ff~ces ~ ~ t~ ~ Rm~u~ to ~1;~ ~ more, i~ the same m~n~ as pmvid~ by ~w for ~e taxing and licking of mer- ~ (S. B. 13, ~ws I98I; ~uaty or to~s~p ~or, on the flint Monday in May, ~nually, with a statem~t ~ the am~nt of raw m~als, finished pmduc~, ~ls, machine~ and appli~ces which he may have had ~ h~d on Janua~ 1 of ~ch y~r ~ec. 1B0.3~). The tax is ~ue u~n p~sen~ti~ of ~ bills (See. 150.350). Lic~ses ~plre Decemb~ 31, ann~ly. No count, township ~ muni- cipali~ shall le~ any ~ter 2~ a~inst a m~ufactur~ ~an is Icvi~ against merchants for the same peri~ (See. 150.310). St. ~uis levies a special ad valorem t~ of 78/~ of 1~ of the value of M1 ~s ~ m~chants and man~acturc~, payable by the first Monday in September in each year and a license f~ of $2 on each $1,~, ~ fraction, of sales m~de, minimum $20. Statements of value of the largest amount of merchandise ~ h~d between the first Monday in Janua~ and the first Monday in April and sales made during the year preceding the first Monday in ~une must be filed by July 1 annually (Ord. 55389; Chs. 1~, 147, St. Louis RevVed ~de, 19~). 8o~ee.~References ~e to Missouri ReUsed S~tutes, as mended to date. ~or detail% see CCH ~Issou~ TAx RE~ at ~ 20-~. 11 20-588 Public Utilities Special Provisiona,--All property, real and personal, of railroad (See. 151.010), street railway (See. 151.330), bridge, telegraph, telephone, electric power and light, electric transmission line, pipe line, and express companies is subject to taxation for state, county, municipal and other local purposes to the same extent as the property of private persons (See. 153.030). The State Tax Commission assesses these properties on the basis of statements filed with the Commission on or before May 1, annually, listing such properties as of January I of the year in which the statement is due (Sees. 151.020, 151.320, 153.020). The Commission adjusts and equalizes the assessments of railroads and then apportions the assessed value to the various counties on a mileage basis (Sees. 151.060, 151.080). All local property of. railroads is assessed by local assessors in the various counties, cities, towns and villages wherein such property is situated (See. 151.100). All taxes charged against public utilities are due and payable to the county collector on the first day of November o| the year for which they are levied (See. 151.200), and become delinquent on January 1 (Sees. 151.200, 151.220, 151.330, 153.030). Public utility taxes become a lien on all property of the utility as soon as the amount of the taxes is determined by assessment and levy (See. 151.210). Source¢---References are to Missouri Revised Statutes, as amended to date. For details, see CCH MlSSOURr T^x RE,liven at ~[ 20-000. ~ 20-588.1 Airline Companies Special Provisions.--The valuation of aircraft operated in Missouri is apportioned to the state according to the average of 2 ratios: (I) ~at{o o| certified route miles within the state to total certificated .r6ut.e mil~s, and (2) ratio of miles flown within the state to total miles flown (See. 155.040). Such apportioned valuation is then apportioned among the various counties and municipalities according to the ratio of number of arrivals and departures in the political subdivision to total number in Missouri (See. 155.050). Reports Missouri II 20-588 © 198"3, Commerce Clearin~ House, ~ TI 19703966
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m,e filed by f~hc airllae company with ~he Tax ~i~ ~ or b~ ~y I (S~. I55.~). T~ ~e le~ed ~d ~Hect~ in the manner p~d~ for ~ ~ (S~ 155.~).. Airline prope~ o~ ~ ~t is ~ed ~der ~e g~ p~ t~ pm~fions (S~ 15~0). S~~erenc~ ~ ~ ~,s~ri ReUsed S~% ~ ~ende~ ~ date. ~ de~, s~ CCH M~ T~ ~ at ~ ~. 20-589 Fore~ Croplands S~d~ Pro~sio~.~Lands which have been classified as forest c~plan~ shMl be assesse~ for general ~xstion p~oses at ~ per acre ~d t~ed at ~1 ~t~ (Se~ 254.~). Whoever a cutting is made on lands classified ~ ~est croplands, the mat~al so cut is sub~ect to a ~eld t~ of 6% o~ v~ue in ~diti~ to 1~ t~es (Sec. 254:170). Yidd ~ returns are fi!ed not la~er than ~e mon~ fo11~ng ~tting or at ~d of each mon~ where ~e cutting is con- ~uous. The Dir~r d Revenue shall arrange ~llection of the tax (S~. S~Referenc~ ~e to Missouri R~sed S~tutes, ~ ~ended to dat~ For devils, | 20-590 MONTANA [~21~-5~I] Property Taxable~---Alt property in the state is subject to taxation tmiess ~pressly ~pt (S~. 15~-101). Poss~ or o~er b~efic~ ~e by individuals, co~orations or associations of prope~y exempt from is sub~t to a privilege tax imposed ~ ~e same e~en~ as the ad valorem t~ would be ff the p~sessor or user were the o~er (Secs. 15-~1203, [~ 20-$92] ~xempfions.~The ~ollowing prope~y is ~empt from t~at]on (1) ~ro~e~ o~ ~e UnRed Stst~, the state a~d po~tical subd~slon~ thereo~ (2) ~ubllc libraries, public ~ ~lle~es, public obs~to~e~ (Sec. 15-~201); (3) unpr~essed peNshable ~mi~s ~nd vegetables ~n ~ stooge owned by the ~roducer; ~1 n~pe~s~ble unp~esse~ a~lt~ produc~, ~cept ~iv~t~k, held by the producer for ]~s ~n a~n months follo~g h~; 1~es~k under ~ne months o~ a~; prop~ ~ed ~cluslvely f~ ag~c~ltu~1 and hor~c~tu~l soci=~es (Sec. 15-~7); (4) prope~y used exclusively for educational pu~ses; buildings ~d ~e land they occur, and f~shings ~ei~ o~ed by a ~urch ~d us~ ~or ~li~ous worship and residenc~ for the clerk; hospitals, nonprofit cemeteries and insfi~tlons of p~ely pub]ic cha~, hcluding for the care of the retired, a~ed or ehr~ically ~ not operated for profit; pr~ of ~le i~fi~mns (See. 15~201); (5) e~denc~ of debt secured b~ mo~ga~s oE r~ord upon r~ or p~s~ proper~ ~ ~e s~te (See. 15-~201); (6) clubhous~ and b.uildings ~lon~ng to any society ~ or~n~afion of honor- ably disch~ged mili~ pers~nel (Sec. 15.6-~3) ; (7) merchandise manuhc~ured or pr~uc~ outside Mont~a which is through ~onta~ and stored in the state prior to shipment to a final d~tlnation ou~ide M~tana; effective ]an~ 1, 19~, business inven- tories (~. 613, ~ws 198I; Sec. 15-6-~); (8) all hous~old g~ds and fumi~re, inclu~nK docks, musi~l ~st~en~ se~ng machines ~d wea6ng apparel (Se~ 15-~201); (9) moneys and credi~ (Sec. 15-~4); (10} prope~ a~ulred by municlpalitles for ~ort pu~oses and inc~e de~ed by munldpali~ ~om o~ration ther~f (Se~. 67~6); (11) ~ vehid~ ~tuti~ ~e inv~to~ ~ d~s (Se~ 1~) ; S~T~ G~¢ Mon~na-~ 20-592 T! 19703967
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2.192 (13) ~ck ~opy ~ ~ toper w~ l~s t~ ~ ~ ~ ~ q~a~s of a m (~. 614, ~ 1981; Sec I~I); (14) nonpro~ ~mmunity s~ or~nizatlous (S~. I~-~); (15) ~rc~t ~ years oI~ or old~ ~ n~ re~]y ~ed f~ ~or~ (IG) ~ ~p~l ~nd ~ sh~es (Sec. 15-31-703); (17) sp~nkler ~r~t~ ~s~ installed ~d ~d on a f~ or ~nch (Sec. ]5~212); (18) r~id~ in~i~ ~e Iot, ~ and ~c~ by z ~ly ~bl~ ve~ e~n or his ~ed salving spouse hanna ~ ~n~l a~ted income of n~t more than $15,~ ($18~ f~ z ma~ed ~uple) (Ch. ~, ~wa 1981; S~. 15-6-211). ~etal mines p~ducing leas than 20,~ tons of ore in a t~ ye~ ~empt f~m pr~e~y ~ on one-half o~ the me~ntable value (See. 15-~2~). The privilege tax on ~empt property does not apply to (1) the possession or other beneficial use of buildings owned by public utilities ~d located on public airports, or (2) public lands ~cupied under terms of minerM, timber or ~zing lea~es or pewits issued by the United States or Montan~ unl~a the lessee or permlttee i~ entitled to exclusive p~session of the premises. A credit ~inst the ~x upon the beneficial use o~ property owned by the federal govern- ment is allowed in the amount of payments made in lieu of taxes (~cs. 15-~1203, 15-~1204). A pro~ ~ reduction ~ allowed for re~l~ ~ mobile hm~ by n~t~l disasters (Ch. 263, L~ws 1~1; See. 15-1~611). A person to whom prope~y t~es are assessed on his pHn~pal residence f~ the calendar years 1~9 and 1980 is entitled to a direct payment from the D~a~ment of Revenue in ~n amount equal to the lesser ~ the ~ount of prope~y t~ due on the residence for the currem year or ~5 (Sets. 3, 5, ~. 693, L~wa 1979). The following po~i~s of the apprMsed ~lue of a ~pitfl ~vestment in a nonfossil form of ener~ gene~tion are exempt for a ~H~ of 10 years follow- lug installation: ~0,~ in ~e c~e of a ~ingle family residence; and in the ease of a multifamily residential dwelling or a nonresidemiM structure (Set. [~ 20-593] Basi~.~Property in Months must be revMued at least eve~ five y~rs (Set. 1~-7-IlI). For purposes o~ taxati~, tmMe pmpe~ in the atate is ~ass~ed ~ provided below (Se~ 15-6-101). All t~able pr~e~y must be assessed at 1~% ~ market value ~cepC that m~es and mining claims in ~sa I are ~seased ~t 1~% o~ the annual net pr~eeds after deducting allow- able expenses, Class 2 prope~y is assessed at 1~ M the annual gross pr~ c~ds, ~ ~ass 3 ~perty is assessed at 1~ ~ productive cattily (Sees. 15-~101~15~13~) : Cl~s On~righ~ to enter land to ~lorc, prospect or dig for oil, gas, c~l or mlne~Is (t~ed at 1~% of ~rkct ~lu~); a~ual net ~roceeds of mines and mining claims except coal ~d metal mines (t~ed at 1~% of annual net ~roceeds le~s specified expenses) (See. Cl~s ~w~nual net proceeds of met~ mines (t~ed at 3% of annual oroceeds); annual gross proceeds of unde~nd coag ~nts (t~ed 33~% of annul ~s proceeds); annual g~s Droce~ds of coal mines ruing the strlp-mlning method (~ed at 45% of ~n~ gross Dr~e~s) (Set. 15-~132). • M~ntana ~ 20-593 ~ l~S2, Co~ ~g Hous~X~ TI19703968
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State Tax Guide CIa~.~ Three~ag~cnlhral l~d (ta~ed at ~ ~ ~c~v= ~) ~Iuc); ~p~ ~le~ sp~ in~ud~ in ~o~ c~ (~ ~ murat ~tue); t~lers and mobile h~ used ~ pc~anent dweltm~ ~t d~le~s or d~bu~s s~ck in ~de ~d' ~e indud~ ~ o~er cI~s (&~ of ~kct ~u¢) ; ~e first ~ of ~ ~ct ~ of i~ents to r~l~ or a ~ai.lcr or ~bile home used ~ a pc~n~ dwelling, with appur~t I~d ~t over 5 acres, when ~e d~lllng are o~ed ~dcr a ~nt~ct for deed and ~cupied [o~ at l~t 10 months o[ ~e y~r ~ the pri~ dwelling of qualified penstock, a ~dow or ~dower age 6Z or older or a widow or widow~ ~ depender c~ldren (ta~d at ~55~ of market ~lu¢ multiplied by a percent~e (tuning f~ 0~ to ~%) ~scd on income; ~1£ courses owne~_ by_non- p~fit co~omfi~s (tax~ at 4.~5~ ~ ~ket ~luc) (~. 575, ~ws 1981; S~. 15~-134). Class Fiv~p~perty o£ ~e~tive ~ml electrical and co~e~tiv¢ ~ral te~ phone ~socia~ons o£ Montana except [or ~e prope~ o[ ~os¢ ass~a- tio~ in Cl~s 7r ~r ~d ~ter p~luti~ ~trol equipm~t; new indus~al p~perty;, p~p~y used p~iy in ~e pr~uctlon .of g~sohol d~g constm~i~ and for the first 3 y~rs of i~ ope~fi~ (t~ed at 3~ ~ ~rkct value) (Ch. 575, ~ws 1981 ; Sec. 15-6-135). CI~ S~business invcntoH~ (effective ~ua~ 1, 1983, business invent~es are ~pt); unpr~s~ a~c~tu~ pr~ucts on the fa~ or in stage ~cept pe~shable f~its and vegetables in fa~ storage and ~n~ by the pr~u~r (~ed at 4~ of m~kct ~lu~) (Chs. ~0, 613, Laws 1981~ Sc~ Class ~ven~proper~ used in the ~siness ~ £u~ishing telephone c~uui- cafi~ exclusively to ~ml ~ or to ~1 are~ and cities and to~s ~ ~rsons or less; property of cooperative ~ral electd~ and c~pem- tire ~r~ telephone ~s~afions that sere less than 95~ ~ the electHclW c~s~ers or t~lephone users ~thin the inc~omted limits of a city or towni electric tin, foyers and meters, clec~c light and power su~ti~ ma~me~, nat~ g~ measuring ~d regulating s~tion equipment, meters, ~ ~pr~or sta~on mach~ o~ by ~tmlly public utillti~, t~h used in the rep~ and maint~nce of such prope~; " t~ls, implem~ts and mac~ne~ used to repair ~d m~n~n m~hine~ not ~ for ~ufactuHng and mining (t~ed at 8~ of ~t ~lue) (Chs. 330, 595, ~ws 1~1; S~. 15-~137). Class Eight~gHcultuml implements ~d eq~pmcnt; mi~ng machine~, fixt~, equipment, tools, and supplies ~cept ~ose included in Cl~s 5 and c~l" and ~re ~ulers; ~nufacturing ma~inery, fixtures, equipm~t, tools and supplies ~cept thee included in Class 5; motor~cles; ~tercmft; li~t utility and boat t~flers; airc~t; ~l-te~n v~icles; h~ess, saddle~ and oth~ ta~ equipment~' all o~er ~chlncry ~ccpt that included in another class (~ ~t 11~ of m~ket vMue) (Ch. 575, Laws 1981; Sec. 15-~138).. Oass Nin~buses and t~ks h~ng a rated capa~ ~ more than ~ ton less ~an or e~ to 1~ tons (~. 514, ~ws 1~1); stock ~ailers; ~uck toppers welghmg m~e than 3~ lbs.; furniture, ~turcs and eq~pment, ~cept t~t included in anoth~ class, used in commercial es~blish~n~; x-ray ~d mcdi~ ~d d~ cqui~t; cifiz~' b~ radios ~d movie tel~ ph~ (t~ at 13~ of m~k~ ~ue) (~. 575, Laws 1981; S~. 15-~139). Cl~s Tg~mdio and tclevisi~ broadc~ting and tr~s~tting equipment; tele~sion system; ~al and ore haulers; tracks having a rated ~pacity of more than 1% tons; traiI~s, ~cept thos~ included in Class 8 or 9, ~cept ~os~ subj~t W a f~ in fieu of property t~; ~mt~ proj~tors ~d sold eq~p~nt; all o~er pro~rty not spec~mlly classified, ~cept those su~ ject to a ice in lieu of property t~ (taxed at 15~ ~ market value) (Chs. 575, 614, Laws 1981; Sec. 15-5-1~). Class Eleven~cntmlly ~sessed elect~c power complies' all~ation (~ed at 12% of market ~lue); allocations for centrally assessed natural ~s com- panies' Mlocatlons (~ed at 12~ of market ~luc); centrally ~sessed complies' ~lo~fions except electric power and na~ml ~s compani~' property, pr~e~ owned by cooperative r~al elcct~c ~d c~emfive Montana ~ TI19703969
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15% o£ m~t ~ue) (S~. A limit on ]ncr~ed ~ apprai~ is prided for CIa~ 11 prope~y, ~ IS p~pe~ ~~ ~p~v~e~ts on rea1~ ~d ~ail~s a~ m land owned by l~-h~e senior citizens and Cla~ 18 p~e~ compfisin~ ~bI~ veterans' hom~. The incr~se in market value of such prope~ due ~ p~odic revaluatio~ m~ f~m Janua~ I, 1977, ~epr~ ~e cer- tified smtewide percentage in~e. The taxable value of su~ p~per~ is reduced ac~rding ~ the amount of pe~enta~ hcrease with the reduction mlculat~ from pre~Hbed tables (S~. 15-7-121). The value of building and l~n association shar~ is based on the moneyed capital asce~ained by deducting from ~e amount of bonds, notes or other evidences of indebtedness (including those secured by mo~gage) of such ass~ clarion, ~e amount standing to the credit of the members on its books and any i~bte~e~ ~entlng money borrowed for use as m~eyed ~pi~I. Money~ capi~l so ascertained is t~ed at the ~me ~te and takes the same classification as shar~ in national banks or moneyed capital comin~ into substanti~ competi- tion ~erewith (Sec. 15-2,~1). Pr~uction credit associations are tax~ upon all real and ~rsonal prop- e~y owned by the ass~iafion (Sec. 15-~701). ~ngs and loan associations are also taxed up~ MI r~l ~d personal pro~rty own~ by the ~dafion (S~. 15-2~801). Exc~t f~ vehicl~ subject to ligh~ vehicle license ~e~, any personal pro~y 'brought into Mon~na shall be ass~sed for ~ation (Ch. 614, ~ 1981 ; ~c. 15-~301). If ~e prope~y comes into ~y coun~ before the asse~- ment date, ~e full amount of tax must be paid ~eon as is ~essed a~inst other p~rsonal property. If such property comes into any county after the assessment date, the tax is prorated according to the ratio whi~ the number of months the property has its taxable situs in the coun~ bears to the total number ot monks in a y~ (Sec. 15-~3). A~cultur~I land is to be assessed according to its value for agricultu~ p~es ~out re~rd to the value it may have ~or other purposes (Sec. 15-7-103). Livest~ are assessed on an average hvento~ basis units the owner el~ts to have his livestock assessed on March 1 ~ each year in ~e county in ~ich ~hey are l~ated (S~. 15-~911). Business inv~tofies are assessed at the cost or present value, whichever is l~er, to ~e persons subjec~ to the i~ventory t~ (Sec. 1S-~01). U~n appro~l ~ ~e affected l~ali~, rem~ding d ~sfing buildln~ or s~c~r~, may ~eive mx benefits, ~.follows (the p~c~tages are a~li~ to any incr~ in t~able ~lue ca~ed by the r~odeling): construction pefio~ 0% ; 1st y~r foll~ing cons~uction, 20%; 2nd y~ following c~- s~ucfi~, ~%; 3~ ye~ follo~ng const~ction, ~; 4~ year foll~ing cons~cfion, ~%; and 5th y~r follo~ng cons~tioa and all foll~ing y~rs, 1~% (Sec. 2, Ch. 5~, Laws 1981). In ~e ~ 5 years after ~ construction pe~it is issued, impr~emen~ to r~l prope~ that repr~ent n~ manufacturing indu~ co~t~ctlon ~ ~i~ d an ~isting m~ufac~fing hdust~ ~e t~ at 50% of thdr t~ble value. Each y~r ~eafter, the ~c~ge is incr~ed by equal ~c~ u~til ~e full ~le value is a~n~ in the 1~ year ~d for su~eq~nt y~rs, if approved by the ~ coun~ ~ city (~c. 3, Ch. 5~, L~ws 1981). ~na ~ ~593 @ ~2, c~ c~ Ho~ ~ TI19703970
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[~" 20~g4] Rates--All property is assessed at the a~g~ate ol all laurel levieK [9 20-595] :Period Covered---~Accrual.--Taxes are for the current fiscal year in which the first installment is collected. [~ 20-596] Assessment Date.--The Department of Revenue or its agent must assess property to the persons by whom it was owned or clalmed on ~lanuaryl. Motor vehicles are assessed as of January i or their registration date, whichever is applicable (See. 15-8-201). Owners of livestoc2c may choose to have the livestock assessed on March 1 (See. 15-24-911). Property is revalued on a 5-year cycle (the next cycle to begin January 1, 1986) (Ch. 350, Laws 1981; See. 15-7-111). [~ 20-597] Situs of :Property,--The dapital stock and franchises of cor- porations and persons must be listed and taxed in the county, town, or district ~here the principal office or place of business of such corporation is located (Sec 15-8-403). Personal proper~w belonging to the business of a merchant or manufacturer must be listed in the town or district where his business is carried on (See. 15-8-404). All other taxable property must be assessed in the county, city or district in which it is situated (See. 15-8-409). [~ 20-598] Assessing OfficiaL---The Department of Revenue or its agent assesses all taxable property in the county (Sees. 15-8-201, 15-24-504, 15-24-505, 15-24-80i). [~[ 20-599] Returns. Each person is required to file a statement setting forth all the real and personal property owned by such person or in his posses- sion or under his control as of ilanuary 1 annually (Sec~ 15-8-301). A person required to report his business inventory may submit a copy of his federal tax inventory reporting form for the t~ontana property tax business inventory report (See. 15-24403). The statement may be filled out by the agent of the Department o~ Revenue at the time he presents it to the taxpayer or he may require the statement to be returned to him at an appointed time properly filled, out (See. 15-8-303). National and state banks and building and loan associations are to furnish statements to the Department or its agent in the county in which the bank or association is located within 5 days after demand therefor (Sees. 15-24-504, 15-24-505, 15-24-801). [~ 20-600] Assessment, Revision and AppeaL--The Department of Rev- enue makes the original assessments (Sec. 15-8-201). Any person aggrieved may file with the county tax appeal board an appeal for reduction in valuation (See. 15-15-102). Appeals from decisions of the county tax appeal board may be taken to the State Tax Appeal Board (Sec. 15-18-104). Proceedings for judicla[ review of a State Tax Appeal Board derision must be instituted in the district court in the county in which the property is located or in the district court the first judicial district (See.. 15-2-203). [~[ 20-601] Colleetiom--Taxes become liens on the property assessed as of January 1 annually (Secs. 15-16-402, 18-16-403). Taxes a~e payable in two staIlments: 0he-half on or before each November 30, and one-half on or be- fore each May 31 (See- 15-16-102). Personal property taxes not secured by a lien on real estate are due immediately (Sec. 15-16-111). Owners of mobile homes not taxed as an improvement pay the personal property tax in two payments. The first payment is due within 30 days from the date of the state T~ Guide blontono | TI19703971
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2196 p~ ~ _L notice of taxes d~e and the second is due no l~ter than September 30 o~ the year ~n which the property is assessed (See- 15-2A-202). The privilege tax on ex.em1~t propert3r is collected at the same time and in the same manner as taxes asse-~sed to owners, ere_, of property subject to ad valorem taxation, except th~.t th,e *_ax may not become a lien against the property (Sew_ 15-24-1205). Persons intending to eonsh-uet or locate a major new industrial facility in Montana may be requested to prepay an amount equal ~o three times the estimated tax due on the property the year the facility is completed. One- fif'~h of such prepaid tax is allowed as a credit against taxes due in e~eh of the first five years after productive operation of the facility starts (See. 15-16-201). Pea'sons intending to construct or locate a large-scale mineral develop- merit in Montana must prepay property taxes in an amount equal to at least 3 times the estimated property tax due the year the fa~zilRy begins operation. A/ter start of production, a credit for prepaid taxes is required (See. 10, Ch. 617, Laws 1981). National and state banks and building and loan associations pay thei~ tax at the same time as other property taxes, except that the delinquent date for national banks is November 30. Tax is paid on behalf of the shareholder but may be recovered by state banks from its shareholders (Sees. 15-24-503, 15-24-505, 15-24-801). 8ource.--.References are to Montana Revised Codes of 1978, as amended to date. Details are reported in CCI-I MowrAgA Txx R~o~rrER at ~[20-000. ~" 20-602 Mines and Mining Claim~ Special Provisions.--Every person operating a mine for the extraction of natural resources, except coal and metals, must, on or before March 31, annually, file a return with the Department of Revenue showing the gross yield and value of metals or minerals from each mine, and certain deductions allowed, for the preceding calendar year (Sees. 15-23-103, 15-23-502). From the filed statement, the Department of Revenue computes the net proceeds of such mine (See. 54-23-503). The annual net proceeds are then taxed as other_ perso.nal property (See. 54-23-501). The tax is due on or before the d~tes set for l~ymg Montana property taxes (See. 54-23-507). Coal mine operators must file a report with the Department of Revenue on or before each March 31 showing the gross yield from each coal mine (Sees. 15-23-103, 15-23-701). The Department will determine the value the gross proceeds and transmit it to the county assessors for tax roll prepara- tion (See. 15-23-702). The county treasurer w. ill notify each coal prod.u, eer the amount of tax due, which is to be collected within 60 days after mai~ing the notice (See. 15-23-703). Metal mine operators must file a statement with the Department on or before each March 31 showing gross metal yield from each mine for the preceding year and the value of the yield (See. 15-23-802). The Department w~ll determine the merchantable value o~ metal production the previous year and transmit the proper amounts to each county for tax roll preparation (See. 15-23-803). The county treasurer will then give notice to each producer that taxes are as provided for general property taxes (See. 15-23-804). Every person operating a well containing gas or oil must file an annual rehxm by March 31 wi~h the Department of Revenue showing the gross sales proceeds of .the well for the preceding calendar year (C'h. 425, Laws 1981; Sees. 15-23-103, 15-23-602). The Department computes the net proceeds (See. 15-23q503). Taxes are then payable as taxes upon net proceeds of m~nes (See. Montana ~ 20-602 © 1~2, Commerce ~learing I~Iou,e, T! 19703972
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15-23-607). which drilling was begun aher 1976 but before t983 is exempt from oat- half the net proceeds tax for 3 years if the gas produced from the well is pla.ced into a n~tural gas distribution system for delivery to consumers aM distribt~ted by consumers, a majority of which are within Montana, or at least 10,000 tmtural gas consumers within Montana (Ch. 265, Laws 1981; See. 15-23-612). (See also ~[ 45-600.) So--References are to Montana Revised Codes ¢ff 1978, as amended to date. Details are reported in CCH 1/20-603 Public Utilities Special Provisions.--Railroads Railroads are required to file statements on or before April 15 annually (Sees. I5-_23-103, 15-23-201). The Department of Revenue assesses the franchise, roadway, roadbed, rails, and rolling stock of railroads operated in more than one county. The depots, stations, shops and buildings erected upon the space covered by the right-of-way, and all other property not assessed, are assessed by an agent of the Department in the county in which situated (See. 15-23-202). The Department will apportion the value of assessed property among the counties in which the property is located (Sec. 15-23-!05). Telegraph, Telephone, Electric Potver or Transmission Line, etc., Compan~es~ Telegraph, telephone, microwave, electric power or transmission line, natural gas pipe line, oil pipe line, canal, ditch and flume companies operating through more than one coimty a~-e required to file statements with the Department of Revenue on or before March 31 annually (Secs. 15-23-103, 15-23-301). The Department assesses the property of such companies upon such factors as the Department considers proper (See. 15-23-303), and apportions the value o~ property assessed among the counties in which the property is located (See. 15-23-105). Sleeping Car Com/mn¢es--Sleeping car companies are required to file re- turns with the Department of Revenue on or before June 1 annually (See. 15-56.103). From these returns, the Department determines the valuation by a statutory method (Sees. 15-56-104, 15-56-105) and assesses u tax at the rate of 1~ % on the valuation thus found payable 60 days after the mailing o~ notice of the amount of the tax (See. 15-56-102). Scheduled Airline Companies---Scheduled airline companies are required to file reports with the Department of Revenue by March 31 annually (Sees. 15-23-103, 15-23-402). The Department will .assess the property of such com- panies (Sea 15-23-403) and apportion the assessment to counties in or through which the airline operates. The assessment is assigned to Class Seven (see ~[2(g593) (See. 15-23-105). Source,--References are to Montana Revised Codes of 1978, as amended to date. Details are reported in CCH MO~¢^~A TAx Rr2omrza at ~ 20-000. ~I 20-604 Livestock Special lh'ovisions.--A tax is authorized to be imposed on all livestock (cattie, sheep, horses and mules) in Montana at the aggregate of all lawful levies (Secs. 15-24-901, 15-24-921, 15-2A-923). The following additional levies are authorized: levy of tax on livestock for purposes of paying £or the destruc- tion of wild animals (Sees. 81-7-104, 81-7-201); levy of tax on sheep (See. St=te T~z Guide Montana ~ 20-604 TI19703973
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2198 z~-t~'r===~&~=~= R1-7-3(12) ; ~d ~r h~d le~ ~ s~ sold ~ p~ ~ p~h~ (~- fe~ve f~m Ju~ 1, I~ ~r a pe~ ~ s~ y~) (~ 81~). The ~a~d ~lue ~ lives~k in ~ ~ on ~sm~t ~y is c~ pu~ by a~g ~e ~sem~ value o~ ~ llv~tock m~ ~ age own~ b~ ~e ~.ay~ in ~e ~W ~ ~he las~ day ~ the l~t amessment day and di~ding the sum by 12 (Se~ 15-~). The Department o[ Revenue m~t be n~fied when live~ck ~on~ana and su~ livest~ will be ~essed ~or all ~es levi~ ~ ~he ~n~ in~ whi~ ~e liv~t~ are mov~ (Sees. 15-2~301, 15-~5). 8o~e~Re[e~ne~ ~e to ~ont~a Revised Cod~ o~ 1978, ~ ~nde~ to date. Details ~e repomed in C~ ~o~x~ T~ ~ at ~ ~. t 20-605 NEBRASKA [~ 20-606] Property Taxable.--All property in the state is subject to taxation unless expressly exempt (See. 77-201). [~ 20-607] Exemptions.---The ~ollowlng pro~rty is ex~npt ~rom taxati~m: (1) lands o[ the United States (See. (2) property of the state and its governmental subdivisions; (3) property owned by and used exclusively for agricultural and horticultural societies; (4) property owned by educational, religious, charitable or cemetery associations and used exchmlvely .for educational, religious, charitable or cemetery purples, and not for profit (L. B. 913, Laws 1980; Sec. 77-202); (5) property of housing authorhies (See. 71-1510); (6) funds of fraternal benefit societies (See. 44~1067); (7) notes secured by mortgages on Nebraska real estate, and bonds of the United States, Nebraska or its political subdivisions (See. 77-701); (8) premiums on employee pension, profit-sharing and other benefit plans (Sees. 77-202, 77-907); li~e insurance and li~e h~ttranee annuity contracts, any payment connected therewith and any right to pension o~ retlrement payments are exempt from the intangibles tax (See. 77-202); (9) intangible property of insurance companies (Sees. 77-908, 77-909) (10) merchandise stored iu licensed warehouses while being sh~pped to ulthnate destinations outside the state (See. 77-1226.01); (11) the value of a home substantially contr|buted by the U. S. Veterans' Ad- ministration for a paraplegic or multip}e amputee veteran (See. 77-3527); (12) household goods and personal effects including major appliances = (See.. 77-~0z); (13) mobile home~ and one motor vehicle o~ disabled or blind veterans (See. 77-202.24); (14) motor vehlcles registered under fleet provisions paying a reg]strat~on fee lieu o~ taxes (See. 77-202); (15) a~culturat income-produc'mg machlner!r znd eq~pment (L. B. 88~ Laws 1980; Sec. 77-20~); (16) business inventory (L. B. 88Z, Laws 1980; (17) feed, fertilizer and farm inventory; g, ra~u. seed, livestock, pcmltry, fish, honey bee~, and fur-bearing a An initiative petition atomizing the Ne~rmk~ Constitution to prohibit tl~ levying of a ~tate In-operty tax was apl~'oved by the voters November 8.1966. ~ See. 2 o~ I. B. 945, L~ws 1971, which e~te~d~d the exemption for hou~hoht ~:oods to major appliances. ~s unoo~tRutlonaL 8tcde e= tel M'e~r ~. Peter~, February 14, 1974. Nebra~ Supreme Court. Nebrosko | 20-605 © 1~, Commerce Clear~ Hou~Iuc. TI19703974
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(18) ea~hmoving ~u~m~eat ~d prima~y for agr:~-u~un-al and ~ T~ ~mp~ons are prodded for hom~ ~ ~Ho~: (I) ~e ~st d ~e ac~ value d h~teads hav~ ~ actual v~ue ~ ~I,~ or less ~d (2) ~e ~t ~ ~ ~e ~t ~,~ of the ~ value of homest~ds havin~ an ac~al ~ue ova" $I,5~. Thee pe~enta~ a~ in~s~ to 50~ ~d ~ r~p~tivdy [or vet~ans aged 70 ~ older, their unremarHed widows or wid~e~ ~ h~bands or wives ~ such v~erans when the vete~n is not ~e o~er d ~cord (See. ?7~5~). Also exempt is ~e first ~5,~ ~ the actual value of any homes~ad of any veteran to~lly disabled by a nonmiH- ta~ accident or illness, individuals who are p~lyz~ ~ bo~ ]e~s, individ- u~s who ~ve undergone amputa~ of both l~s, indi~duals with pro~es- s[ve n~rom~cuI~ or n~rolo~cal dis~e or who ha~ perm~tly I~ ~e use ~ con~ol of bo~ a~s, and i~dividuals who have under~ne multiple ~mpu.mtion ~ both a~s a~ove ~e dbow (L. B. 478, ~ws I981 ; L. B. Laws 19~; Sec. 77~508). The first ~ d the act~l value of any hom~ stead of any totally disabled wter~n (or his or her ~rema~ widow or widower) who is not eligible for total exemption, or of any vet~an (or or her unrema~ed widow or widower) who di~ fr~ a s~vic~onn~ted disabili~, ~ ~pt fr~ ~ (See. 77~5~). ~e t~ exemption for senior citizens is a p~centage of ~e first ~5,~ of the actual value of the homestead, de,mined as follows (L. B. ~7, 19~; ~c. ~5~) : Singl_e Clalmants Married Claimants with Matrled Claimants Agdd 65 or Older One Spotme 65 or Older Both Spotmes 65 or Older Income Relief Income Relief Income 301 to ~,~ ..... ~% $7,~1 to $7,~ ..... ~% $8,~1 to ~ ..... ~ 1 to $5,300 ..... ~% $7,~ to ~.~0 ..... ~% ~,901 to ~ ..... ,301 to $5,~ ..... ~% $8,~1 to $8,~ ..... ~% $9,401 ~ $9,~ ..... Energy conservation improvements installed on realty after November 11, 1980, a~id before January 1, 1986, are exempt from tax for five years eL. ]3. 151, Laws 1981). [~[20-608] Basis,--All property is required to be valued at its actual value 1 (See. 77-201). Agricultural land may be assessed at its actual value for agricultural use and not at its value it applied to mother use (See. 77-1:~4). [~20-609] Rates.--Real and tangible personal property is taxed at a rate equaling the aggregate of all lawful levies (See. 77-1601). A motor vehicle (including trailers and cabin trailers), except dealers' vehicles on'hand, is taxed at a rate equal to the sum of the rates in all .the ta~ing districts in which the vehicle is locat~ (L. B. 168, Laws 1981 ; Sees. 77-1238, 77-1240.01), and the tax may be apportioned by tno.nths if the vehicle has .not beet~ regis- tered ia the state (See. 77-1240.02). [~ 20-610] Period Covered--AccruaL--The statutes make no provision as to the tax year except as to fiscal years for certain classes of cities. Gen- erally tax bills indicate that taxes are for the year o~ assessment. ~ Effective Sanuary I, 1~61, all property is required to be valued at lte actual ~mlue "/7-20~). .Any cla~ of property whose property tax or motor vehicle tax la lx~ed on a levy Imted on an accessed valuation o1~ a percentage of actual value will continue to be taxed for the year 1981 on an assessed value of such percentage of actual value (See. 17. I~ ~ 599, Lawl State 'Pax Guide Nebraska 11 20-610 TI19703975
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[~120~11] Assessment Date,-Real and 1~rsoaal lax~perty is assesse~l as of Jammry 1, 191~1, and evory odd-nttmbercd year thereafter. All n.ew improvements, changes in use, and any property acquired d~ring the odd- n ~u~nbcred years will be valued for taxation in the cven-nmnbered years at tb_c same level of value as the last preceding valuation (L. B. 74~, Laws 1980; Secs. 77-1201, 77-1301). Personal property brought into the state alter Janu- ary 1 and prior to ~uly 1 of any year is assessed for thRt year (Scc. 77-1211). Notification of the tax on motor vehicles, except dealers' vehicles, is mailed to -the registrant cr~ or before the first day o£ the registration period each year (Scc. 77-1240). [~ 20-612] 8itus.--Real property is assessed where situated. Personal property, except such as is required by law to be listed and assessed otherwise, is assessed where the owner resides, cxcep-t motor vehicles, cabin trailers and mobile homes and aircraft are assessed where stored and kept the greate~ portion o~ the calendar year (Sec. 77-1202). Capital stock of corporations and persons is assessed and taxed at the location ol the principal office or place of business (See. 77-1203). Farm livestock and property are assessed where the farm is situated (Sec. 77~1204). Property in .the hands of an agent is assessed at the place of business of the agent (Sec. 77-1206). Personal property in transit is assessed where the owner resides, but if intendcd for a business, it is assessed at the place where the property of such business is assessed (S.ec. 77-1210). Goods in interstate commerce moving through Nebraska ~cqmrc no tax situs (Scc. 77-122f).01). Property of banks, bankdrs, or bther companies, and merchants is assessed where the business is done, and the property of manufacturers and mines is assessed at the loc~- tion o~ the manttfactory or mine (Sec. 77-1218). [~20-512.1] Assessing Official.--Property is assessed by the ccmnty assessor (See. 77-.1311). [~ 20-612.2] Retirees.---Statements of taxable personal property must be filed with the county assessor on or before March 1 (Sec. 77-1229). [~20-612.3] Assessment, Revision and Appeal.--Original assessment is made by the county assessor (Sec. 77-1311). Valuations arc subject to review, correction, and equalization by the cotmty board o~ equalization (Se~ 77-1503). The State Board o~ Equalization and Assessment must annaaliy review and equalize assessments of property among counties (Sec. 77-507). Appeals may be taken from any action of the board of equalization to the district court, and further appeal may be taken to the supreme court (Scc, 77-~510). In the city of Lincoln, the city council constitutes the board of cqnalization, and it reviews and equalizes assessments made by the city tax commissioner (See. 15-807). [~20-613] Collection of Tax.~Lien for real property taxes attaches ~anuary I following the date of levy (Sec. 77-203); lien for personal l~roperty taxes attaches November l following the date of levy (Sec. 77-205). In the city Lincoln, lien for real property taxes ~ttaches October I in the year levied (See. 20, Art. ~, Lincoln Charter), artd lien for personal propcrty'...t~x~s attaches when the tax books axe received by the treasurer (Sec. 15-819)~. Real property taxes are due and payable to the county tax collector on Decembdr 3I follow- ing the date of levy (See. 77-203), and may be tmid in two installments: half of which shall become delinquent on May 1, and the second hal~ on September 1. In counties having a population of 200,000 inhabitartts or more, Nebraska | 20-611 © ~sz, Commute C~earlag Ho~ TI19703976
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and in com~ties.having a populatio~ of m~ ~an 1~ ~ 1~ ~ ~,~ inh~bi~ the fi~t half shah be~me d~nqu~t ~ Ap~ 1, and ~e s~d h~f on Afloat 1 (S~ 77-~). P~ p~per~ ~ a~ due and paya~ ~ ~e coun~.~ c~ector on Novemb~ 1 foHo~g ~e date of 1~ (S~ ~-~5), and ~ay be ~id in ~o ins~llm~ts: on~ha~ which shall become dHinquent ~ D~b~ 1, and ~e. se~d h~ ~~]~y 1 (S~. 77~), ~pt ~ ~e cl~ o[ ~n~ whe~ ~paid ~ and personal p~ ~s become delinquent on December 1, but may be paid one-half by D~mber 1 and one- hall by June 1 (S~. 14, A~ ~, Lincoln Ch~). T~s on moor v~icl~ (except ~ p~ided below) are pay~le Hovemb~ 1 in the year in they ~ ~ses~d and are delinqu~t on Decem~r 1 ~ereaft~ (S~. 77-1241). The t~ on the value ~ m~ vehicl.es is collected annu~ly by ~e coun~ tr~urer when applying for re~tmtion (Sec. ~-1~01). So~c¢~References are to Nebraska Revised Statutes o[ 1943, as amended to dat~ Details ~ reposed in CCH N~s~ T~x ~ at ~ 20-~. ~ 20-616 Public Utilities Speci~ Provisions.~Street railway, water works, electric light, ~s works~ natural gas, mining, express, tele~aph, telephone and pipe line companies in addition to listing their ~n~ble prope~ owned in each gqvemmental sub- divlsion and being taxed thereon in ~c same ma~er as o~e~ ~gible p~pe~ is ~ed in ~e governmental subdivision, are required to file With ~e local ~sessor and the State Tax Commissioner a capital st~k re~ (See. 77-801). The State B~rd of Eq~lizatlon and Assessment dete~ihes the franchise value of such com~nies and ~ertifies the values so dete~ined to the. county assessors ~or assessm~t o[ taxes on" the s~me b~is ~ tangible pro~y in ea~ gove~mental su~digision (Seh. 77-802). All railroad property used for opgrating its road is~ assessed by the State Bo~d of Equalization ~d A~essments. The ann~ ret~ is due March 1 and ~ ~n~l repo~ of total mileage is due Ap~l 15 (L. B. 179, ~ws 1981 ; Sees. 77-503, 77-625). The assessments are ap~ohed to the va~ous lo~ ~ove~ments ~or ~sions of ~xes at the I~ rotes and colIehtlon is. made m ~e s~e ~n~er ~ other ~es (Secs. 77~11, 77~23). ~ Car companies other than sleeplng car companies file a return with the State Board o[ Equ~ization on or before April 15 (L. B. 179, La~s 1~1 ; Sec. 77-~). The Board ~ce~ains the number o[ ~s required to m~e the tot~ mileage and ~es ~e v~ue th~n and m~es a le~ ~t a rote equ~ to the ave~e rate o[ all general t~es.~ The car co~-are notified o~ • e ~ount of tax which is ~d to "~e T~ Com~ssion~ (S~. 77~26, 77-629). Sleeping car companies file reports with the State Board of Equalization on or before April 20 (See. 77-634)~ The Board asce~ains the number and value of each particular class o~ cars running into and through the state and assesses that proportion "of such value which the number o~ miles of railroad main track over which shch cars were used within the state bears to the total number of miles over which such cars were used eye,here. The assessment is prorated among the several counties traversed by the railroad (See. 77-635). ~on-resldent mot~ ~r~ers file repots with the T~ Commissioner ~ or before May 20 (Sec. 77-1~1). The State Board of Equalization asce~ains the value of each vehicle and applies to such value the ~tio between Nebraska mileage and milea~ elsewhere. This pro rata amount is the taxable value o[ the vehicle (See. 77-1~). The tax is levied at a ~te equal ~o the avem~ ~ The rate for 1979 wa~ ST.91 mills (CCH NEBRASIZLA TA~ REPORTER at state Tax ~u~d~ Nebraska II 20-616 Ti 19703977
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~ o/roll general ~ = (See. 77-I003). The tax is paid to the Tax Com- ~d~er at the ~e ~me ~ ~neral ~m~al pmp~ ~ (S~. 77-1~). De~ls ~e ~po~ed in CC~ N~s~ T~ ~ a~ ~ 20-~ | 20-619 Air Transportation Carriers Spedal Provi~ions~--Eaeh air carrier shall, on or bdore June 1 file a re- port with the Tax Commission (See. 77-1247). The Tax Commissioner shall ascertain £rom the reports, the value of the flight equipment and the proportion allocated to Nebraska (See. 77-1248). The Tax Commissioner makes an annual levy against the value ascertained by the Commissioner at a rate equal to the average rate of all general state and local taxes ~ (See. 77-1249). The tax shall be collected as the tax on car companies is collected (See, 77-1250). Source~--References are to Nebraska Revised Statutes of 1943, as amended to date. Details are reported in CCH N~P~sx~ TAX R~ORI"J~R at ~'20-B00. | 20-620 NEVADA [~20-621] Property Taxable.--All property in the state is subject to taxation unless expressly exempt (Sec. 361.045). [~ 20-622] Exemptions.--The following property is exempt from taxation: (1) property of the .~Tnited States (because of the constitution or laws of the United States)~ (See. 36L050); property of the state and its political sub- divisions (Sees. 361.055, 361.060); property of public schools (Sec. 361.065); drainage ditches and canals (Sec. 361.070); free public cemeteries (See. 361.130); property of nonprofit, private schools (Sea 361.105); vehicles requiring registration except mobile homes (See. 361.067); property of trusts for furtherance of public functions (Sec. 361.062); (2) unpatented mlncs and mining claims except possessory claims (Sec. 361.079); (3) churches, chapels other than marriage chapels, and parsonages (See. 361.125); (4) property of benevolent or charitable organizations when used for such ptlt~ poses to the extent of $5,000 assessed value (Sees. 361.135, 361.140) ; (S) property of widows and orphan children to the extent of $I,000 assessed value per family (Scc. 361.080); property of totally blind persons to the extent of $3,000 assessed value (See. 361.085); (6) buildings, funds, furniture, paraphernalia and regalia of war veterans' organi- zations not exceeding $5,000 assessed value to any one post or organization (Sec. 361.095); property of persons who served in the armed forces of the Ur~ited States in time of war, or who are now so serving, to the extent of $I,000 (See, 361.090); property of honorably discharged disabled veterans or their unremarried surviving spouse to the extent of $10,000 (Ch. 657, Laws 1981; Sec. 361.091); (7) real estate of University of Nevada or University of Nevada at Las Vega~ fraternities or sororities (Sec. 361.100) ; (8) real estate, buildings ~md equipment of Nevada Art Gallery, Inc., Y. M. C. A~ Red Cross, Y. W. C. A., Salvation Army, and Boy and Girl Scouts, and Camp Fire Girls, Inc. (Sec. 361.110); (9) real and personal property of the Nevada Children's Foundation, Inc. (See.. 361.1!5) ; (10) property of noncommercial theaters (See. 361.145); s The rate ;[or 1~9 was b~,9~ mills on private C~Lr companies (CCH ZNEBRASKA TAX I~ORq~EE at | 20-407). s The rate for 1979 was 57.91 mills on ~Jrltne equipment (CCH N'~IBRASKA TAX REPORTER' at Nebraska ~ 20-61 ? © 1982, Commerce Clearing House, Inc. TI19703978

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