Machinery and tools tax; valuation, appeal of certain local taxes. (HB2104)

Introduced By

Del. Kathy Byron (R-Lynchburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Machinery and tools tax; valuation; appeal of certain local taxes. Permits the commissioner of the revenue to utilize any method that may reasonably be expected to determine actual fair market value of machinery and tools, in addition to specific methods required under current law. The bill also requires the commissioner of the revenue, upon request, to take into account the condition of the machinery and tools, all forms of depreciation, including obsolescence, and any other factor that is not adequately taken into account by the valuation method otherwise used. The bill requires the commissioner of the revenue to provide to taxpayers upon request a description of his valuation methods, any adjustments that have been made to reflect the taxpayer's appraisal or written concerns, and the factual and legal bases on which the commissioner relies for disagreeing with the taxpayer's qualified appraisal. The bill also gives the Tax Commissioner authority to issue advisory written opinions in specific cases to interpret the law related to valuations involving independent appraisals of manufacturers' machinery and tools that are presented by the taxpayer to the commissioner of the revenue. In appeals to the Tax Commissioner of the valuation of machinery and tools, the bill permits the taxpayer to value the property by allocating the total value of all machinery and tools at a facility among individual items of property according to the percentage of the original cost that each such item of property bears to the total original cost of all of the property. The bill also requires the Tax Commissioner to make certain determinations and findings related to the appeal. In appeals of tangible personal property tax on airplanes, boats, campers, recreational vehicles, and trailers and on tangible business personal property, the bill requires the commissioner of the revenue to identify any statement of fact submitted by the taxpayer that the commissioner of the revenue believes to be incorrect. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2017Committee
01/10/2017Prefiled and ordered printed; offered 01/11/17 17101942D
01/10/2017Referred to Committee on Finance
01/20/2017Assigned Finance sub: Subcommittee #1
01/23/2017Impact statement from TAX (HB2104)
01/25/2017Subcommittee recommends reporting (5-Y 2-N)
01/30/2017Reported from Finance with amendment (17-Y 5-N) (see vote tally)
01/31/2017Read first time
02/01/2017Assigned App. sub: General Government & Capital Outlay
02/01/2017Motion to refer to committee agreed to
02/01/2017Referred to Committee on Appropriations
02/01/2017Impact statement from DHCD/CLG (HB2104)
02/08/2017Left in Appropriations

Comments

Dylan writes:

Va Code § 58.1-3503.B states, "Methods of valuing property may differ among the separate categories, so long as each method used is uniform within each category." How can it be equitable and uniform to have different assessment methods for each and every piece of property at each and every business? Not only would this new approach be an administrative nightmare, it would also lead to unfair differences in assessments.