67-5-903.
Schedules - Property used for business, professions, manufacturing
(a) All partnerships, corporations, other
business associations not issuing stock and individuals operating for profit
as a business or profession, including manufacturers, except those whose
property is entirely assessable by the comptroller of the treasury, shall be
furnished by the assessor not later than February 1 of each year, a schedule
requiring the taxpayer to list in detail all tangible personal property
owned by the taxpayer and used or held for use in such business or
profession including, but not limited to, furniture, fixtures, machinery and
equipment, all raw materials, supplies, but excluding all finished goods in
the hands of the manufacturer and the inventories of merchandise held for
sale or exchange, such schedule to be approved by the director of property
assessments.
(b) It is the duty of the taxpayer to list
fully such tangible personal property used, or held for use, in the
taxpayer's business or profession on such schedule, including such other
information relating thereto as may be required by the assessor, place its
correct value thereon, sign same, and return it to the assessor prior to
March 1 of each year. In lieu of detailing acquisition cost on the reporting
schedule, the taxpayer may certify that the depreciated value of tangible
personal property otherwise reportable on the form is one thousand dollars
($1,000) or less. The assessor shall accept the certification, subject to
audit, and fix the value of tangible personal property assessable to the
taxpayer pursuant to the schedule, at one thousand dollars ($1,000). This
value shall be subject to equalization pursuant to § 67-5-1509. The
certification stated on the schedule shall warn the taxpayer that it is made
subject to penalties for perjury and subject to statutory penalty and costs
if proven false.
(c) A taxpayer who fails, refuses or
neglects to complete, sign and file such schedule with the assessor of
property, as provided in subsection (b), commits a Class A misdemeanor,
punishable by a fine of not less than fifty dollars ($50.00) nor more than
five hundred dollars ($500), and the assessor shall assess the tangible
personal property of the taxpayer which is used, or held for use, in the
taxpayer's business or profession, and shall give the taxpayer notice of
such assessment by United States mail, addressed to the last known address
of the taxpayer, or the taxpayer's agent, at least five (5) calendar days
before the local board of equalization commences its annual session.
(d) The remedy of a taxpayer against whom
a forced assessment is made as provided in this section shall be the same as
provided in §
67-5-1407, but such remedy shall be conditioned upon the taxpayer filing
with the board of equalization a complete listing or schedule of all the
tangible personal property owned or used by the taxpayer in the operation of
the taxpayer's business on the same form as required to be filed with the
assessor.
(e) The taxpayer may amend a personal
property schedule previously filed with the assessor at any time until
September 1 following the tax year. If the assessor agrees with the amended
schedule, the assessor shall thereupon revise the assessment and certify the
revised assessment to the trustee. If the assessor believes the assessment
should be otherwise than claimed in the amended schedule, the assessor shall
adjust the assessment and give written notice to the taxpayer of the
adjusted assessment. The taxpayer may appeal the assessor's adjustment of
or refusal to accept an amended assessment schedule to the local and state
boards of equalization in the manner otherwise provided by law. Additional
taxes due as the result of an amended schedule shall not be deemed
delinquent until sixty (60) days after the date notice of the amended
assessment was sent to the taxpayer. Amendment of a personal property
schedule shall not be permitted once suit has been filed to collect
delinquent taxes related to the original assessment.
(f) The schedule approved by the director
of property assessments and supplied to taxpayers shall contain schedules
reflecting the following rates of allowable depreciated cost for the listed
categories of property, as well as spaces for general data on the particular
taxpayer:
GROUP 1A - Vehicles (five-year life)
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.80 |
| 2 |
|
|
.60 |
| 3 |
|
|
.40 |
| 4 |
|
|
.20 |
| Prior |
|
|
.20 |
| Total |
|
|
|
GROUP 1B (eight-year life)
GROUP 1 - Furniture, Fixtures, General
Equipment, and All Other Property Not Listed in Another Group
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.88 |
| 2 |
|
|
.75 |
| 3 |
|
|
.63 |
| 4 |
|
|
.50 |
| 5 |
|
|
.38 |
| 6 |
|
|
.25 |
| 7 |
|
|
.20 |
| Prior |
|
|
|
GROUP 2 - Computers, Copiers, Peripherals,
and Tools (three-year life)
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.67 |
| 2 |
|
|
.33 |
| Prior |
|
|
.20 |
| Total |
|
|
|
GROUP 3 - Molds, Dies, and Jigs (four-year
life)
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.75 |
| 2 |
|
|
.50 |
| 3 |
|
|
.25 |
| Prior |
|
|
.20 |
| Total |
|
|
|
GROUP 4 - Aircraft, Boats and Towers (not
classified as real property) (13-year life)
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.92 |
| 2 |
|
|
.85 |
| 3 |
|
|
.77 |
| 4 |
|
|
.69 |
| 5 |
|
|
.62 |
| 6 |
|
|
.54 |
| 7 |
|
|
.46 |
| 8 |
|
|
.38 |
| 9 |
|
|
.31 |
| 10 |
|
|
.23 |
| 11 |
|
|
.20 |
| Prior |
|
|
.20 |
| Total |
|
|
|
GROUP 5 - Manufacturing Machinery
(eight-year life)
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.88 |
| 2 |
|
|
.75 |
| 3 |
|
|
.63 |
| 4 |
|
|
.50 |
| 5 |
|
|
.38 |
| 6 |
|
|
.25 |
| 7 |
|
|
.20 |
| Prior |
|
|
.20 |
| Total |
|
|
|
GROUP 6 - Billboards, Tanks, and Pipelines
(unless classified as real property) (16-year life)
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| 1 |
|
|
.94 |
| 2 |
|
|
.88 |
| 3 |
|
|
.81 |
| 4 |
|
|
.75 |
| 5 |
|
|
.69 |
| 6 |
|
|
.63 |
| 7 |
|
|
.56 |
| 8 |
|
|
.50 |
| 9 |
|
|
.44 |
| 10 |
|
|
.38 |
| 11 |
|
|
.31 |
| 12 |
|
|
.25 |
| 13 |
|
|
.20 |
| Prior |
|
|
.20 |
| Total |
|
|
|
GROUP 7 -
Scrap Property
| Year |
Cost on File |
Revised Cost |
Depr. |
| ---------- |
---------- |
---------- |
---------- |
| All |
|
|
.02 |
GROUP 8 - Raw Materials and Supplies
Cost on File
Revised Cost
Original cost
(g) (1) Tangible personal property which
the taxpayer treats as construction-in-process (hereinafter "CIP") for
federal income tax purposes as of the assessment date may be reported in the
taxpayer's schedule filed with the assessor at fifteen percent (15%) of its
cost as reported for federal income tax purposes. Qualified pollution
control property shall be valued as provided in §
67-5-604, notwithstanding its state of completion.
(2) No back assessments of CIP, as the term
is used in subdivision (g)(1), shall occur prior to January 1, 1994. If back
assessments have occurred involving CIP, those assessments shall be voided
and all taxes paid shall be refunded to those taxpayers who have an action
or claim pending before an assessing authority or court on the CIP issue.
67-5-904. Schedules - Leased property.
1) For the purpose of assessing leased
property, it is the further duty of the taxpayer to list fully on a schedule
provided by the assessor all tangible personal property which is leased by
the taxpayer for the conduct of the taxpayer's business.
Leased property shall include equipment,
machinery and all tangible personal property used in the conduct of, or as a
part of, the taxpayer's business including, but not limited to, the
following:
(A) Equipment that is leased only, not sold;
(B) Equipment that is leased at nominal rent or loaned under certain
circumstances; (C) Equipment that is leased and not permitted to be
sold; (D) Leased coin-operated machines and devices; (E)
Equipment that is placed on location; (F) Vehicles, automobiles,
trucks; (H) Electronic equipment.
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