2023 -- H 6333 SUBSTITUTE A | |
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LC002832/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO TAXATION -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION | |
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Introduced By: Representatives Voas, Solomon, O'Brien, Potter, Kazarian, Alzate, | |
Date Introduced: April 26, 2023 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 5.3 |
4 | STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION |
5 | 44-5.3-1. Municipal tangible property tax exemption. |
6 | (a) Notwithstanding the provisions of chapter 5 of this title or any other provisions of law |
7 | to the contrary, in an effort to provide relief for businesses, including small businesses, and to |
8 | promote economic development, a city, town, or fire district shall provide each tangible property |
9 | taxpayer on the aggregate amount of all ratable, tangible personal property not otherwise exempt |
10 | from taxation an exemption from taxation of fifty thousand dollars ($50,000) applicable to the |
11 | assessment date of December 31, 2023 and for each assessment date thereafter. All ratable, |
12 | tangible, personal property valued above fifty thousand dollars ($50,000) remains subject to |
13 | taxation. |
14 | (b) Individual personal exemptions granted to tangible property taxpayers in any city, town, |
15 | or fire district at the time of the effective date of this chapter shall be applied to assessed values |
16 | prior to applying the statewide exemption provided in this section in order that any lost revenue to |
17 | be reimbursed pursuant to this chapter for each respective city, town, or fire district shall not include |
18 | revenue loss resulting from these individual personal exemptions. |
19 | (c) Exemptions existing and uniformly applied to all tangible property taxpayers in any |
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1 | city, town, or fire district at the time of the effective date of this chapter shall be disregarded in |
2 | order that any lost revenue to be reimbursed pursuant to this chapter for each respective city, town, |
3 | or fire district shall include revenue loss resulting from such pre-existing uniform exemptions. |
4 | 44-5.3-2. Reimbursement of lost tax revenue. |
5 | (a) Beginning in fiscal year 2025 and for each fiscal year thereafter, cities, towns, and fire |
6 | districts shall receive reimbursements, as set forth in this section, from state general revenues for |
7 | lost tax revenues due to the reduction of the tangible property tax resulting from the statewide |
8 | exemption set forth in § 44-5.3-1. |
9 | (b) Beginning in fiscal year 2025, and for each fiscal year thereafter, cities, towns, and fire |
10 | districts shall receive a reimbursement equal to the tangible property levy for the assessment date |
11 | of December 31, 2022, minus the tangible personal property levy for the assessment date of |
12 | December 31, 2023. |
13 | (c) Reimbursements shall be distributed in full to cities, towns, and fire districts on |
14 | September 30, 2024 and every September 30 thereafter; provided, however, that reimbursement |
15 | shall not be provided to any city, town, or fire district in any year in which it has failed to provide |
16 | to the division of municipal finance its certified tax roll in accordance with § 44-5-22 or any other |
17 | information required by the division of municipal finance to calculate the reimbursement amount. |
18 | 44-5.3-3. Tangible property tax rate cap. |
19 | (a) Notwithstanding any other provision of law to the contrary, the tax rate for the class of |
20 | property that includes tangible personal property for any city, town, or fire district shall be capped |
21 | and shall not exceed thereafter the tax rate in effect for the assessment date of December 31, 2022. |
22 | (b) Notwithstanding any other provision of law to the contrary, for assessment dates on and |
23 | after December 31, 2023, any city, town, or fire district shall be permitted to tax all other classes |
24 | of property, or where no classification has been enacted all other types of property, at a different |
25 | tax rate than the tax rate for tangible personal property required by subsection (a) of this section. |
26 | 44-5.3-4. Removal of certain limitations and requirements. |
27 | For assessment dates on or after December 31, 2023, tangible tax rates shall be disregarded |
28 | for purposes of compliance with limitations on the extent to which the effective tax rate of one class |
29 | of property may exceed that of another, or requirements that the same percentage rate change be |
30 | applied across property classes from one year to the next, under § 44-5-11.8 or any other similar |
31 | statutory provision applicable to a city, town, or fire district. |
32 | 44-5.3-5. Application. |
33 | The statewide exemption set forth in this chapter shall not apply to: |
34 | (1) Public service corporation tangible property subject to taxation pursuant to § 44-13-13; |
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1 | and |
2 | (2) Renewable energy resources and associated equipment subject to taxation pursuant to |
3 | § 44-5-3(c). |
4 | SECTION 2. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid" |
5 | is hereby amended to read as follows: |
6 | 45-13-14. Adjustments to tax levy, assessed value, and full value when computing state |
7 | aid. |
8 | (a) Whenever the director of revenue computes the relative wealth of municipalities for the |
9 | purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or |
10 | she shall base it on the full value of all property except: |
11 | (1) That exempted from taxation by acts of the general assembly and reimbursed under § |
12 | 45-13-5.1, which shall have its value calculated as if the payment in lieu of tax revenues received |
13 | pursuant to § 45-13-5.1, has resulted from a tax levy; |
14 | (2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by |
15 | a special public law or by reason of agreements between a municipality and the economic |
16 | development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not |
17 | have its value included; |
18 | (3) That whose tax levy or assessed value is based on tax treaty agreements or tax |
19 | stabilization agreements in force prior to May 15, 2005, which shall not have its value included; |
20 | (4) That which is subject to a payment in lieu of tax agreement in force prior to May 15, |
21 | 2005; |
22 | (5) Any other property exempt from taxation under state law; |
23 | (6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space |
24 | Land; or |
25 | (7) Any property exempt from taxation, in whole or in part, under the provisions of |
26 | subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, § 44-5.3-1, or any other |
27 | provision of law that enables a city, town, or fire district to establish a tangible personal property |
28 | exemption, which shall have its value calculated as the full value of the property minus the |
29 | exemption amount. |
30 | (b) The tax levy of each municipality and fire district shall be adjusted for any real estate |
31 | and personal property exempt from taxation by act of the general assembly by the amount of |
32 | payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating |
33 | to property tax from certain exempt private and state properties, and for any property subject to any |
34 | payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in |
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1 | force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such |
2 | agreements. |
3 | (c) Fire district tax levies within a city or town shall be included as part of the total levy |
4 | attributable to that city or town. |
5 | (d) The changes as required by subsections (a) through (c) of this section shall be |
6 | incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008 |
7 | and thereafter. |
8 | SECTION 3. 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 -- STATEWIDE TANGIBLE PROPERTY TAX EXEMPTION | |
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1 | This act would establish a statewide exemption of fifty thousand dollars ($50,000) from |
2 | the tangible property tax beginning January 1, 2024. Municipalities and fire districts would be |
3 | reimbursed for all current uniformly-applied exemptions, excluding public service corporation and |
4 | renewable energy resources and equipment taxes, beginning September 30, 2024, and annually |
5 | thereafter. |
6 | This act would take effect upon passage. |
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