Bill Text - SB116 (2005)

Relative to payment procedures for the utility property tax.

Revision: Jan. 21, 2010, midnight






AN ACT relative to payment procedures for the utility property tax.

SPONSORS: Sen. Clegg, Dist 14

COMMITTEE: Ways and Means


This bill changes payment procedures for the utility property tax.

This bill was requested by the department of revenue administration.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Five

AN ACT relative to payment procedures for the utility property tax.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Utility Property Tax; Determination of Value. Amend RSA 83-F:3 to read as follows:

83-F:3 Determination of Value. On or before December 1 of the tax year, the commissioner shall determine the value of utility property for the purposes of this chapter by appraising such property at its full and true value. [Notice of such determination shall be given] Based on such determination and the rate specified in RSA 83-F:2, the commissioner shall assess the tax by issuing a notice to the taxpayer within 15 days of the commissioner's determination.

2 Payments, Returns, and Declarations. Amend the section heading and paragraph I of RSA 83-F:5 to read as follows:

83-F:5 Payments, Returns, and Declarations.

I. On or before January 15 each year, each utility or person liable for the tax shall file with the commissioner of revenue administration[, on a form prescribed by the commissioner, a return based on the valuation for April 1 of the prior year. The return shall be accompanied by] the payment of such amount as has not been prepaid in accordance with paragraph [III] IV of this section. [If the return shows an additional amount to be due, such additional amount is due and payable at the time the return is filed. If such return shows an overpayment of the tax due, a credit against a subsequent payment or payments due, to the extent of the overpayment, shall be allowed.]

3 Returns; List of Changes. Amend RSA 83-F:5, V to read as follows:

V. As of June 1 of each year the utility shall file a list of the changes made to the utility property since the prior April 1 of the preceding year. This statement shall include such additional information as the commissioner shall require and shall be signed by an authorized representative, subject to the pains and penalties of perjury. For purposes of penalties for failure to file under RSA 21-J:31, the list of changes shall be considered a return and any penalty imposed shall be based upon the amount of the tax that is assessed by the department.

4 Effective Date. This act shall take effect July 1, 2005.