Bill Text - SB306 (2012)

Relative to the commercial and industrial construction property tax exemption.


Revision: Dec. 22, 2011, midnight

SB 306 – AS INTRODUCED

2012 SESSION

12-2932

10/03

SENATE BILL 306

AN ACT relative to the commercial and industrial construction property tax exemption.

SPONSORS: Sen. Gallus, Dist 1; Sen. Lambert, Dist 13; Rep. Theberge, Coos 4; Rep. M. Tremblay, Coos 4

COMMITTEE: Ways and Means

ANALYSIS

This bill makes the application procedure for the property tax exemption for commercial and industrial construction prospective, and permanently extends the authority for the exemption.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2932

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the commercial and industrial construction property tax exemption.

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

1 Property Tax Exemption; Commercial and Industrial Construction; Procedure 72:78 to read as follows:

72:78 Application for Exemption.

I. [On or before March 1 preceding the tax year for which the exemption is claimed, a person qualified for an exemption under RSA 72:76 shall file an application with the selectmen or assessors, on an application form prepared by them, signed by the applicant under penalty of perjury, which contains adequate information to demonstrate that the applicant is qualified for the exemption.

II. The selectmen or assessors shall notify the applicant of their decision on or before July 1 following the date of notice of tax under RSA 72:1-d. The decision shall specify the amount of the exemption, that it is effective beginning the prior April 1, and the number of years for which the exemption applies to qualified construction. The decision of the selectmen or assessors may be appealed in the manner set forth in RSA 72:34-a.

III. Alternatively] An owner [may] shall apply for the exemption under RSA 72:76 prior to construction, but [in no case more than 12 months] not after December 31 before the beginning of the tax year for which the exemption is sought. In such cases the selectmen or assessors may anticipatorily grant the exemption, subject to adjustment when the actual increase in assessed value becomes known. If construction is partially complete on April 1 of any year, the exemption for that year shall be based on the increased assessed value attributable to the partial construction, but the duration of the exemption shall be adjusted such that the cumulative amount of exemptions received, based on the construction as completed, is proportional to that received by other eligible properties.

II. The selectmen or assessors shall notify the applicant of their decision no later than February 28 before the beginning of the tax year for which the exemption is sought. The decision shall specify the amount of the exemption, that it is effective with the new tax year and the number of years for which the exemption applies to qualified construction. The decision of the selectmen or assessors may be appealed in the manner set forth in RSA 72:34-a.

[IV.] III. The selectmen or assessors may request such additional or updated information as is necessary to determine eligibility. If they are satisfied that the applicant has willfully made any false statement, or has refused to provide information after such a request, they may refuse to grant the exemption.

[V.] IV. If the municipality completes a revaluation during the period for which an exemption has been granted, the amount of the exemption shall be adjusted by the difference in equalization ratios applicable in the municipality before and after the revaluation.

2 Repeal. 2008, 224:4, relative to the prospective repeal of the commercial and industrial construction exemption, is repealed.

3 Effective Date. This act shall take effect April 1, 2012.