2016 -- S 2808

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LC005431

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES

     Introduced By: Senators Kettle, and Morgan

     Date Introduced: March 23, 2016

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 44-5 of the General Laws entitled "Levy and Assessment of Local

Taxes" is hereby amended by adding thereto the following section:

     44-5-13.39. West Greenwich -- Assessment and taxation of new real estate

construction. -- (a) Completed new construction of real estate in the town of West Greenwich

completed after any assessment date is liable for the payment of municipal taxes from the date the

certificate of occupancy is issued or the date on which the new construction is first used for the

purpose for which it was constructed, whichever is earlier, prorated for the assessment year in

which the new construction is completed. The prorated tax is computed on the basis of the

applicable rate of tax with respect to the property, including the applicable rate of tax in any tax

district in which the property is subject to tax following completion of the new construction, on

the date the property becomes liable for the prorated tax in accordance with this section.

     (b) The building inspector issuing the certificate shall, within ten (10) days after issuing

the certificate, notify, in writing, the assessor of the issuance of the certificate of occupancy.

     (c) Not later than ninety (90) days after receipt by the assessor of the notice from the

building inspector or from a determination by the assessor that the new construction is being used

for the purpose for which it was constructed, the assessor shall determine the increment by which

the assessment for the completed construction exceeds the assessment on the tax roll for the

immediately preceding assessment date. The assessor shall prorate the amount from the date of

issuance of the certificate of occupancy or the date on which the new construction was first used

for the purpose for which it was constructed, as the case may be, to the assessment date

immediately following and shall add the increment as so prorated to the tax roll for the

immediately preceding assessment date and shall within five (5) business days notify the record

owner as appearing on the tax roll and tax collector of the additional assessment.

     (d) Any person claiming to be aggrieved by the action of the assessor under this section

may appeal to the assessment board of review within sixty (60) days from notification of the

additional assessment or to superior court as provided.

     (e) Upon receipt of the notice from the assessor, the tax collector shall, if the notice is

received after the normal billing date, within ten (10) days thereafter mail or hand a bill to the

owner based upon an amount prorated by the assessor. The tax is due and payable and collectible

as other municipal taxes and subject to the same liens and processes of collection; provided, that

the tax is due and payable in an initial or single installment due and payable not sooner than thirty

(30) days after the date the bill is mailed or handed to the owner, and in any remaining, regular

installments, as they are due and payable, and the several installments of a tax due and payable

are equal.

     (f) Nothing in this section authorizes the collection of taxes twice in respect of the land

upon which the new construction is located.

     (g) This section applies only to taxes levied and properly assessed in the town of West

Greenwich.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES

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     This act would authorize the town of West Greenwich to assess pro rata property taxes on

completed new real estate construction within the town after any assessment date.

     This act would take effect upon passage.

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