Introduced By: Senators Cote, Celona, Badeau, McBurney, Kelly, et al.
Date Introduced : January 7, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 44-4-24 of the General Laws in Chapter 44-4 entitled "Situs and Ownership of Taxable Property" is hereby amended to read as follows:
44-4-24. Rule as to situs of tangible personal property.
-- (a) All ratable tangible personal property shall be
taxed to the owner thereof in {DEL the DEL} {ADD each ADD}
town or city in which the property shall have been situated for
{DEL the larger DEL} {ADD any ADD} portion of the twelve (12)
months ending with the date of assessment. {DEL If DEL}
{ADD The tax on ADD} any tangible personal property shall {ADD be based
on the ratio of the number of days such property is stored, garaged
or permanently ADD} {DEL not have been DEL} situated in
any one town or city {ADD to the number of days in ADD} {DEL for
the larger portion of DEL} the twelve (12) months ending with
the date of assessment {DEL , then the tangible personal property
shall be taxed in the town or city where the property is stored,
garaged, or permanently situated at the time of assessment DEL}.
(b) Any tax or portion thereof under this section in arrears at the time of application or renewal shall be cause for the clerk of any city or town to refuse to grant or renew any license created under the ordinances of the city or town.
SECTION 2. Section 44-5-16 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" is hereby amended to read as follows:
44-5-16. {DEL Oath to account brought in
-- Remedies after failure to bring in account. -- DEL} {ADDOath to account brought in -- Remedies after failure to bring in account
-- Effect on pro ration. -- ADD}(a) Every person bringing
in any account shall make oath before some notary public or other
person authorized to administer oaths in the place where the oath
is administered that the account by that person exhibited contains,
to the best of his or her knowledge and belief, a true and full
account and valuation of all the ratable estate owned or possessed
by him or her; and whoever neglects or refuses to bring in the
account, if overtaxed, shall have no remedy therefor, except as
provided in sections 44-4-14, 44-4-15, 44-5-26 -- 44-5-31, and
44-9-19 -- 44-9-24. In case a taxpayer shall, because of illness
or absence from the state, be unable to make oath to his or her
account as aforesaid within the time prescribed by law, the taxpayer
may, in writing, appoint an agent to make oath to his or her account
within the time prescribed by the assessors and the agent shall
at the time of making the oath append his or her written appointment
to the account, and for all purposes in connection with the account
the taxpayer shall be deemed to have personally made the oath.
(b) No taxpayer shall be denied a right of review by means of the procedure set forth in this chapter: (1) of any assessment on his or her real property by reason of any claimed inadequacies, inaccuracies, or omissions in his or her listing of personal property, (2) nor in the case of his or her personal property by reason of any claimed inadequacies, inaccuracies, or omissions in his or her listing of real property, (3) nor in the case of real or personal property by reason of any claimed inadequacies, inaccuracies, or omissions, which are not substantial, in his or her listing of real or personal property, respectively.
{ADD (c) Notwithstanding section 44-4-24, tangible personal property introduced into or removed from any town or city during a calendar year shall be assessed as though such property were situated in the town for the entire calendar year unless the taxpayer shall have filed an account as provided herein specifying the date on which such property was introduced or removed. ADD}
{ADD (d) Each city or town having a year of taxable ownership that measures length of ownership over the calendar year beginning immediately after the date of assessment shall adjust its year of taxable ownership so that it has a year of taxable ownership that measures length of ownership over the calendar year ending on the date of assessment. ADD}
SECTION 3. This act shall take effect on passage and shall apply to taxable years where the date of assessment is on or after December 31, 1998, provided, however, section 1 of this act shall not apply to tangible personal property with a date of assessment prior to January 1, 1999, if the tangible personal property is situated in a town or city have a year of taxable ownership that measures length of ownership over the calendar year beginning immediately after the date of assessment at any time during the calendar year beginning immediately after such date of assessment.
