Revision: Dec. 15, 2009, midnight
HB 1615-FN – AS INTRODUCED
2010 SESSION
09/04
HOUSE BILL 1615
AN ACT relative to the determination of value and taxability for purposes of the utility property tax.
This bill requires utility property to be appraised at market value for purposes of the utility property tax. The bill also establishes that the utility property tax applies to all persons and entities that are defined as utilities under RSA 83-F.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2681
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the determination of value and taxability for purposes of the utility property tax.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 market value of utility property for the purposes of this chapter by [appraising such property at its full and true value] utilizing generally accepted appraisal methods and techniques. Market value means the property’s full and true value as defined under RSA 75:1. Notice of such determination shall be given to the taxpayer within 15 days of the commissioner’s determination.
2 Returns and Declarations. Amend RSA 83-F:5, VIII to read as follows:
VIII. No later than 30 days [prior to an anticipated] subsequent to the sale or transfer of a utility’s property or assets, the taxpayer [responsible for the previous year’s utility tax filing under this chapter,] acquiring such property or assets 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.
3 Applicability to Utilities Making Payments in Lieu of Taxes. The utility property tax imposed under RSA 83-F shall apply to all utilities defined by RSA 83-F:1 notwithstanding any agreement for the payment in lieu of taxes. Any such payment in lieu of taxes agreement is an agreement between a municipality and a utility, and the state of New Hampshire is not a party to the contractual obligations therein. To clarify any ambiguities, all utilities, if otherwise subject to RSA 83-F, shall be liable for the utility property tax effective in tax year 2009.
4 Effective Date. This act shall take effect 60 days after its passage.