CHAPTER 216
HB 393 – FINAL VERSION
2007 SESSION
09/10
HOUSE BILL 393
COMMITTEE: Municipal and County Government
This bill changes information filing requirements for utilities paying 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0707
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to information filed by utilities paying the utility property tax.
Be it Enacted by the Senate and House of Representatives in General Court convened:
216:1 Utility Property Tax; Information Filing. Amend RSA 83-F:5, V to read as follows:
V.(a) As of [June] May 1 of each year the utility shall file a [list of the changes made to the utility property] form, designated by the commissioner, that details the utility’s actual financial operating performance, including utility income and all expenses, original cost, and depreciated value of all the utility’s assets, 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.
(b) If by May 1 the taxpayer is unable to file the form as required under subparagraph (a), the taxpayer shall request an extension from the department. Such extension shall be valid only upon written confirmation from the department, and shall not exceed 30 days per request. No more than 2 extensions shall be granted in a given tax year.
216:2 New Paragraphs; Penalties; Change of Ownership. Amend RSA 83-F:5 by inserting after paragraph VI the following new paragraphs:
VII. Any person who fails to file a completed form as required under paragraph V on or before May 1, or by the date granted by an extension, if applicable, shall pay a penalty of one percent of the property tax for which the person is liable. In no case, however, shall the penalty be less than $250 or more than $2,500. This penalty shall be treated as incident to the tax and shall be in addition to any other penalty applicable pursuant to paragraph VI.
VIII. No later than 30 days prior to an anticipated sale or transfer of a utility’s property or assets, the taxpayer responsible for the previous year’s utility tax filing under this chapter, shall notify the department in writing. Such notice shall include the name and address of the anticipated grantee, the date of the anticipated transfer, and all the terms of transaction.
216:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 25, 2007
Effective: August 24, 2007