Revision: Dec. 10, 2009, midnight
HB 1581 – AS INTRODUCED
2010 SESSION
10/09
HOUSE BILL 1581
AN ACT relative to the taxation of railroads.
SPONSORS: Rep. Patten, Carr 4; Rep. Stohl, Coos 1; Rep. Theberge, Coos 4
This bill makes various changes to the definitions and procedures relating to the taxation of railroads.
This bill is a request of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2679
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the taxation of railroads.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition; Company. Amend RSA 82:1, I to read as follows:
I. The word “company” as used in [RSA 82:2] this chapter shall apply to [all persons, co-partnerships or associations] any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization.
2 Rate; Market Value. Amend RSA 82:2 to read as follows:
82:2 Rate. Every railroad, railway, express, and every parlor, sleeping or dining car [corporation or] company, or other [corporation or] company not a railroad company owning any cars operated for profit on any railroad in this state shall pay to the state an annual tax, as of April 1 of each year, upon the [actual] market value of its property and estate, at a rate [as nearly] equal as may be to the average rate of taxation at that time upon other property throughout the state.
3 Market Value Appraisal. Amend RSA 82:4-a through 82:6 to read as follows:
82:4-a Determination of Value. The commissioner shall determine the [actual] market value of the property and estate of such corporations for the purposes of this chapter by appraising such property pursuant to the provisions of this chapter. Market value means the property’s full and true value as defined in RSA 75:1.
82:5 Finding. The department of revenue administration shall receive and consider all evidence tending to show the [actual] market value of the property and estate of said [corporations and] companies taxable hereunder, and upon all the evidence determine the [actual] market value of the same.
82:6 Condition of Property. In determining the [actual] market value of the property and estate in this state of any such [corporation or] company, the department of revenue administration shall make careful inquiry into the condition of all of the property and estate, whether within or without the state, in order that the [actual] market value of all that portion of the property and estate of such [corporation or] company within this state, and subject to taxation hereunder, may be accurately fixed and determined.
4 Evidence of Value. RSA 82:7 is repealed and reenacted to read as follows:
82:7 Evidence of Value. The department shall evaluate all evidence as it may deem material and relevant utilizing generally accepted appraisal methods and techniques to determine the market value of the physical property, real and personal, in this state, of such railroad company. However, in the case of railroads operating on state-owned property, the trackage and real estate owned by the state shall not be used as evidence of value.
5 Proportionate Value; Market Value. Amend RSA 82:8 to read as follows:
82:8 Proportionate Value. When only a portion of the property and estate of any such [corporation or] company is located within the state, the department of revenue administration, in determining the [actual] market value thereof, shall consider its proportionate value to all the property and estate of such [corporation or] company.
6 Information Filing; Penalties. RSA 82:10 is repealed and reenacted to read as follows:
82:10 Information Filing and Penalties.
I.(a) On or before May 1 of each year the company shall file a form, designated by the commissioner, that details the company’s actual financial operating performance, including company income and all expenses, original cost, and depreciated value of all the company’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 company is unable to file the form as required under subparagraph (a), the company 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.
II. Taxes and estimated taxes not paid when due shall be subject to appropriate penalties and interest under RSA 21-J.
III. Any company that fails to file a completed form as required under paragraph I 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 II.
IV. No later than 30 days subsequent to a sale or transfer of a company’s property or assets, the company acquiring such property shall notify the department in writing. Such notice shall include the name and address of the company, the date of the transfer, and all the terms of transaction.
7 Effective Date. This act shall take effect July 1, 2010.