§ 44-13-13 Taxation of certain tangiblepersonal property. – The lines, cables, conduits, ducts, pipes, machines and machinery, equipment,and other tangible personal property within this state of telegraph, cable, andtelecommunications corporations and express corporations, used exclusively inthe carrying on of the business of the corporation shall be exempt from localtaxation; provided, that nothing in this section shall be construed to exemptany "community antenna television system company" (CATV) from local taxation;and provided, that the tangible personal property of companies exempted fromlocal taxation by the provisions of this section shall be subject to taxationin the following manner:
(1) Definitions. Whenever used in this section and in§§ 44-13-13.1 and 44-13-13.2, unless the context otherwise requires:
(i) "Average assessment ratio" means the total assessedvaluation as certified on tax rolls for the reference year divided by the fullmarket value of the valuation as computed by the Rhode Island department ofrevenue in accordance with § 16-7-21;
(ii) "Average property tax rate" means the statewide totalproperty levy divided by the statewide total assessed valuation as certified ontax rolls for the most recent tax year;
(iii) "Company" means any telegraph, cable,telecommunications, or express company doing business within the state of RhodeIsland;
(iv) "Department" means the department of revenue;
(v) "Population" shall mean the population as determined bythe most recent census;
(vi) "Reference year" means the calendar year two (2) yearsprior to the calendar year preceding that in which the tax payment provided forby this section is levied;
(vii) "Value of tangible personal property" of companiesmeans the net book value of tangible personal property of each company doingbusiness in this state as computed by the department of revenue. "Net bookvalue" means the original cost less accumulated depreciation; provided, that notangible personal property shall be depreciated more than seventy-five percent(75%) of its original cost.
(2) On or before March 1 of each year, each company shalldeclare to the department, on forms provided by the department, the value ofits tangible personal property in the state of Rhode Island on the precedingDecember 31.
(3) On or before April 1, 1982 and each April 1 thereafter ofeach year, the division of property valuation shall certify to the taxadministrator the average property tax rate, the average assessment ratio, andthe value of tangible personal property of each company.
(4) The tax administrator shall apply the average assessmentratio and the average tax rate to the value of tangible personal property ofeach company and, by April 15 of each year, shall notify the companies of theamount of tax due. For each filing relating to tangible personal property as ofDecember 31, 2008 and thereafter the tax rate applied by the tax administratorshall be not less than the rate applied in the prior year.
(5) The tax shall be due and payable within sixty (60) daysof the mailing of the notice by the tax administrator. If the entire tax is notpaid to the tax administrator when due, there shall be added to the unpaidportion of the tax, and made a part of the tax, interest at the rate providedfor in § 44-1-7 from the date the tax was due until the date of thepayment. The amount of any tax, including interest, imposed by this sectionshall be a debt due from the company to the state, shall be recoverable at lawin the same manner as other debts, and shall, until collected, constitute alien upon all the company's property located in this state.
(6) The proceeds from the tax shall be allocated in thefollowing manner:
(i) Payment of reasonable administrative expenses incurred bythe department of revenue, not to exceed three quarters of one percent (.75%),the payment to be identified as general revenue and appropriated directly tothe department;
(ii) The remainder of the proceeds shall be deposited in arestricted revenue account and shall be apportioned to the cities and townswithin this state on the basis of the ratio of the city or town population tothe population of the state as a whole. Estimated revenues shall be distributedto cities and towns by July 30 and may be recorded as a receivable by each cityand town for the prior fiscal year.
§ 44-13-13 Taxation of certain tangiblepersonal property. – The lines, cables, conduits, ducts, pipes, machines and machinery, equipment,and other tangible personal property within this state of telegraph, cable, andtelecommunications corporations and express corporations, used exclusively inthe carrying on of the business of the corporation shall be exempt from localtaxation; provided, that nothing in this section shall be construed to exemptany "community antenna television system company" (CATV) from local taxation;and provided, that the tangible personal property of companies exempted fromlocal taxation by the provisions of this section shall be subject to taxationin the following manner:
(1) Definitions. Whenever used in this section and in§§ 44-13-13.1 and 44-13-13.2, unless the context otherwise requires:
(i) "Average assessment ratio" means the total assessedvaluation as certified on tax rolls for the reference year divided by the fullmarket value of the valuation as computed by the Rhode Island department ofrevenue in accordance with § 16-7-21;
(ii) "Average property tax rate" means the statewide totalproperty levy divided by the statewide total assessed valuation as certified ontax rolls for the most recent tax year;
(iii) "Company" means any telegraph, cable,telecommunications, or express company doing business within the state of RhodeIsland;
(iv) "Department" means the department of revenue;
(v) "Population" shall mean the population as determined bythe most recent census;
(vi) "Reference year" means the calendar year two (2) yearsprior to the calendar year preceding that in which the tax payment provided forby this section is levied;
(vii) "Value of tangible personal property" of companiesmeans the net book value of tangible personal property of each company doingbusiness in this state as computed by the department of revenue. "Net bookvalue" means the original cost less accumulated depreciation; provided, that notangible personal property shall be depreciated more than seventy-five percent(75%) of its original cost.
(2) On or before March 1 of each year, each company shalldeclare to the department, on forms provided by the department, the value ofits tangible personal property in the state of Rhode Island on the precedingDecember 31.
(3) On or before April 1, 1982 and each April 1 thereafter ofeach year, the division of property valuation shall certify to the taxadministrator the average property tax rate, the average assessment ratio, andthe value of tangible personal property of each company.
(4) The tax administrator shall apply the average assessmentratio and the average tax rate to the value of tangible personal property ofeach company and, by April 15 of each year, shall notify the companies of theamount of tax due. For each filing relating to tangible personal property as ofDecember 31, 2008 and thereafter the tax rate applied by the tax administratorshall be not less than the rate applied in the prior year.
(5) The tax shall be due and payable within sixty (60) daysof the mailing of the notice by the tax administrator. If the entire tax is notpaid to the tax administrator when due, there shall be added to the unpaidportion of the tax, and made a part of the tax, interest at the rate providedfor in § 44-1-7 from the date the tax was due until the date of thepayment. The amount of any tax, including interest, imposed by this sectionshall be a debt due from the company to the state, shall be recoverable at lawin the same manner as other debts, and shall, until collected, constitute alien upon all the company's property located in this state.
(6) The proceeds from the tax shall be allocated in thefollowing manner:
(i) Payment of reasonable administrative expenses incurred bythe department of revenue, not to exceed three quarters of one percent (.75%),the payment to be identified as general revenue and appropriated directly tothe department;
(ii) The remainder of the proceeds shall be deposited in arestricted revenue account and shall be apportioned to the cities and townswithin this state on the basis of the ratio of the city or town population tothe population of the state as a whole. Estimated revenues shall be distributedto cities and towns by July 30 and may be recorded as a receivable by each cityand town for the prior fiscal year.
§ 44-13-13 Taxation of certain tangiblepersonal property. – The lines, cables, conduits, ducts, pipes, machines and machinery, equipment,and other tangible personal property within this state of telegraph, cable, andtelecommunications corporations and express corporations, used exclusively inthe carrying on of the business of the corporation shall be exempt from localtaxation; provided, that nothing in this section shall be construed to exemptany "community antenna television system company" (CATV) from local taxation;and provided, that the tangible personal property of companies exempted fromlocal taxation by the provisions of this section shall be subject to taxationin the following manner:
(1) Definitions. Whenever used in this section and in§§ 44-13-13.1 and 44-13-13.2, unless the context otherwise requires:
(i) "Average assessment ratio" means the total assessedvaluation as certified on tax rolls for the reference year divided by the fullmarket value of the valuation as computed by the Rhode Island department ofrevenue in accordance with § 16-7-21;
(ii) "Average property tax rate" means the statewide totalproperty levy divided by the statewide total assessed valuation as certified ontax rolls for the most recent tax year;
(iii) "Company" means any telegraph, cable,telecommunications, or express company doing business within the state of RhodeIsland;
(iv) "Department" means the department of revenue;
(v) "Population" shall mean the population as determined bythe most recent census;
(vi) "Reference year" means the calendar year two (2) yearsprior to the calendar year preceding that in which the tax payment provided forby this section is levied;
(vii) "Value of tangible personal property" of companiesmeans the net book value of tangible personal property of each company doingbusiness in this state as computed by the department of revenue. "Net bookvalue" means the original cost less accumulated depreciation; provided, that notangible personal property shall be depreciated more than seventy-five percent(75%) of its original cost.
(2) On or before March 1 of each year, each company shalldeclare to the department, on forms provided by the department, the value ofits tangible personal property in the state of Rhode Island on the precedingDecember 31.
(3) On or before April 1, 1982 and each April 1 thereafter ofeach year, the division of property valuation shall certify to the taxadministrator the average property tax rate, the average assessment ratio, andthe value of tangible personal property of each company.
(4) The tax administrator shall apply the average assessmentratio and the average tax rate to the value of tangible personal property ofeach company and, by April 15 of each year, shall notify the companies of theamount of tax due. For each filing relating to tangible personal property as ofDecember 31, 2008 and thereafter the tax rate applied by the tax administratorshall be not less than the rate applied in the prior year.
(5) The tax shall be due and payable within sixty (60) daysof the mailing of the notice by the tax administrator. If the entire tax is notpaid to the tax administrator when due, there shall be added to the unpaidportion of the tax, and made a part of the tax, interest at the rate providedfor in § 44-1-7 from the date the tax was due until the date of thepayment. The amount of any tax, including interest, imposed by this sectionshall be a debt due from the company to the state, shall be recoverable at lawin the same manner as other debts, and shall, until collected, constitute alien upon all the company's property located in this state.
(6) The proceeds from the tax shall be allocated in thefollowing manner:
(i) Payment of reasonable administrative expenses incurred bythe department of revenue, not to exceed three quarters of one percent (.75%),the payment to be identified as general revenue and appropriated directly tothe department;
(ii) The remainder of the proceeds shall be deposited in arestricted revenue account and shall be apportioned to the cities and townswithin this state on the basis of the ratio of the city or town population tothe population of the state as a whole. Estimated revenues shall be distributedto cities and towns by July 30 and may be recorded as a receivable by each cityand town for the prior fiscal year.
