RELATING TO TAXATION -- NEW CONSTRUCTION --
FOSTER
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Introduced
By: Senators Breene, and Blais |
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Date
Introduced: February 26, 2002 |
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:
44-5-13.30. Assessment and
taxation of new real estate construction and newly created lots in Foster. - (a) New real estate
construction in Foster 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 the earlier, prorated for the assessment
year in which the new construction is completed. New lots created after the assessment date will be assessed and
prorated as of the date of the approval of said lots. The prorated tax is computed on the basis of the rate of tax
applicable 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. The
planning department shall notify the assessor within ten (10) days of the
approval of the new lots.
(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 that 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 prorated
to the tax roll for the immediately preceding assessment date and shall, within
five (5) days, notify the record owner as appearing on the tax roll and tax
collector of the additional assessment.
Not later
than ninety (90) days after receipt by the assessor of notice from the planning
department of the creation of the new lot(s), the assessor shall determine the
increment by which the assessment for the new lot exceeds the assessment on the
tax roll for the immediately preceding assessment date. The assessor shall prorate that amount from
the date of approval to the assessment date immediately following and shall add
the increment as prorated to the tax roll for the immediately preceding
assessment date and shall, within five (5) 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 so due and payable are equal.
(f) Nothing
in this section authorizes the collection of taxes twice in respect of land
upon which the new construction is located.
(g) This
section applies only to taxes levied and property assessed in the town of
Foster.
SECTION
2. This act shall take effect upon passage.