Chapter 271
2009 -- S 1065
Enacted 11/13/09
A N A C T
RELATING TO
TAXATION -- LEVY AND ASSESSMENT OF LOCAL TAXES
Introduced By: Senator Francis T. Maher
Date Introduced: October 29, 2009
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:
44-5-13.38. Assessment
and taxation of new real estate construction in the town of
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 earlier, prorated
for the assessment year in which the new
construction is completed. 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
official issuing the certificate shall, within ten (10) days after issuing the
certificate, notify the assessor of the issuance of the
certificate of occupancy.
(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
the 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 so 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 shall be 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 fifteen (15) 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
due and payable shall be equal.
(f) Nothing in this
section shall be deemed to authorize the collection of taxes twice with
respect to the land upon which the new construction is
located.
(g) This section
applies only to taxes levied and properly assessed in the town of
SECTION 2. This act shall take effect upon passage and any
acts inconsistent herewith
are hereby repealed.
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LC03039
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