13 | 31 | | |
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14 | 32 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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15 | 33 | | |
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16 | 34 | | Section 1. Subsection (a) of section 7-127d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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17 | 35 | | |
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18 | 36 | | (a) There is established a neighborhood youth center grant program [which] that shall be administered by the [Office of Policy and Management, except that operation of the program shall be suspended for the fiscal years ending June 30, 2004, and June 30, 2005] state Department of Education. |
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19 | 37 | | |
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20 | 38 | | Sec. 2. Section 7-127e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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21 | 39 | | |
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22 | 40 | | (a) The [Office of Policy and Management] state Department of Education shall solicit competitive proposals under this program for the fiscal [years beginning July 1, 1996, and July 1, 1999] year beginning July 1, 2011, and every two years thereafter. [, except that no competitive proposals shall be solicited for the fiscal years ending June 30, 2004, and June 30, 2005.] The [Office of Policy and Management] state Department of Education shall notify the eligible agencies of the amount of funds provided for each city in accordance with section 7-127d, as amended by this act. Eligible agencies may file a grant application with the [Office of Policy and Management] state Department of Education on such form and at such time as [that office] the department may require. |
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23 | 41 | | |
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24 | 42 | | (b) Grant funds made available for the provisions of sections 7-127d to 7-127g, inclusive, as amended by this act, shall not be used to supplant existing services. A minimum of twenty-five per cent of the total program costs for each neighborhood youth center program shall be supported with local funds or in-kind contributions which may include federal, local and private funds which support existing services. |
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25 | 43 | | |
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26 | 44 | | (c) The [Office of Policy and Management] state Department of Education shall review all grant applications received and make the decisions concerning which applications shall be funded and at what funding levels. Criteria for such decisions shall include (1) documentation of need for the program through crime and poverty statistics for the neighborhood to be served; (2) responsiveness to program component requirements; (3) reasonableness of costs; (4) soundness of program plan; (5) experience of the applicant agency in providing youth recreational services; and (6) evidence of collaboration and coordination with other children's services providers in the neighborhood. The [Office of Policy and Management] state Department of Education shall convene and chair an advisory committee to assist in grant application review. Such committee shall include representatives of the [Office of Policy and Management] state Department of Education, the Judicial Department, and the Departments of Children and Families, [Education,] Public Health and Social Services. |
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27 | 45 | | |
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28 | 46 | | (d) In order to be eligible to receive funds from the [Office of Policy and Management] state Department of Education for the Leadership, Education, Athletics in Partnership (LEAP) program, or the neighborhood youth centers program, an applicant must provide a match of at least fifty per cent of the grant amount. The cash portion of such match shall be at least twenty-five per cent of the grant amount. |
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29 | 47 | | |
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30 | 48 | | Sec. 3. Section 12-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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31 | 49 | | |
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32 | 50 | | (a) The present true and actual value of land classified as farm land pursuant to section 12-107c, as forest land pursuant to section 12-107d, as open space land pursuant to section 12-107e, or as maritime heritage land pursuant to section 12-107g shall be based upon its current use without regard to neighborhood land use of a more intensive nature, provided in no event shall the present true and actual value of open space land be less than it would be if such open space land comprised a part of a tract or tracts of land classified as farm land pursuant to section 12-107c. The present true and actual value of all other property shall be deemed by all assessors and boards of assessment appeals to be the fair market value thereof and not its value at a forced or auction sale. |
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33 | 51 | | |
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34 | 52 | | (b) (1) For the purposes of this subsection, (A) "electronic data processing equipment" means computers, printers, peripheral computer equipment, bundled software and any computer-based equipment acting as a computer, as defined in Section 168 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; (B) "leased personal property" means tangible personal property which is the subject of a written or oral lease or loan on the assessment date, or any such property which has been so leased or loaned by the then current owner of such property for three or more of the twelve months preceding such assessment date; and (C) "original selling price" means the price at which tangible personal property is most frequently sold in the year that it was manufactured. |
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35 | 53 | | |
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36 | 54 | | (2) Any municipality may, by ordinance, adopt the provisions of this subsection to be applicable for the assessment year commencing October first of the assessment year in which a revaluation of all real property required pursuant to section 12-62 is performed in such municipality, and for each assessment year thereafter. If so adopted, the present true and actual value of tangible personal property, other than motor vehicles, shall be determined in accordance with the provisions of this subsection. If such property is purchased, its true and actual value shall be established in relation to the cost of its acquisition, including transportation and installation, and shall reflect depreciation in accordance with the schedules set forth in subdivisions (3) to (6), inclusive, of this subsection. If such property is developed and produced by the owner of such property for a purpose other than wholesale or retail sale or lease, its true and actual value shall be established in relation to its cost of development, production and installation and shall reflect depreciation in accordance with the schedules provided in subdivisions (3) to (6), inclusive, of this subsection. The provisions of this subsection shall not apply to property owned by a public service company, as defined in section 16-1. |
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37 | 55 | | |
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38 | 56 | | (3) The following schedule of depreciation shall be applicable with respect to electronic data processing equipment: |
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39 | 57 | | |
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40 | 58 | | (A) Group I: Computer and peripheral hardware, including, but not limited to, personal computers, workstations, terminals, storage devices, printers, scanners, computer peripherals and networking equipment: |
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41 | 59 | | |
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42 | 60 | | |
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43 | 61 | | |
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44 | 62 | | T1 Depreciated Value |
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45 | 63 | | T2 As Percentage |
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46 | 64 | | T3 Assessment Year Of Acquisition |
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47 | 65 | | T4 Following Acquisition Cost Basis |
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48 | 66 | | T5 First year Seventy per cent |
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49 | 67 | | T6 Second year Forty per cent |
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50 | 68 | | T7 Third year Twenty per cent |
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51 | 69 | | T8 Fourth year and thereafter Ten per cent |
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52 | 70 | | |
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53 | 71 | | T1 |
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54 | 72 | | |
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55 | 73 | | Depreciated Value |
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56 | 74 | | |
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57 | 75 | | T2 |
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58 | 76 | | |
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59 | 77 | | As Percentage |
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60 | 78 | | |
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61 | 79 | | T3 |
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62 | 80 | | |
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63 | 81 | | Assessment Year |
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64 | 82 | | |
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65 | 83 | | Of Acquisition |
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66 | 84 | | |
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67 | 85 | | T4 |
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68 | 86 | | |
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69 | 87 | | Following Acquisition |
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70 | 88 | | |
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71 | 89 | | Cost Basis |
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72 | 90 | | |
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73 | 91 | | T5 |
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74 | 92 | | |
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75 | 93 | | First year |
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76 | 94 | | |
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77 | 95 | | Seventy per cent |
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78 | 96 | | |
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79 | 97 | | T6 |
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80 | 98 | | |
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81 | 99 | | Second year |
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82 | 100 | | |
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83 | 101 | | Forty per cent |
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84 | 102 | | |
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85 | 103 | | T7 |
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86 | 104 | | |
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87 | 105 | | Third year |
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88 | 106 | | |
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89 | 107 | | Twenty per cent |
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90 | 108 | | |
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91 | 109 | | T8 |
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92 | 110 | | |
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93 | 111 | | Fourth year and thereafter |
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94 | 112 | | |
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95 | 113 | | Ten per cent |
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96 | 114 | | |
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97 | 115 | | (B) Group II: Other hardware, including, but not limited to, mini-frame and main-frame systems with an acquisition cost of more than twenty-five thousand dollars: |
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98 | 116 | | |
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99 | 117 | | |
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100 | 118 | | |
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101 | 119 | | T9 Depreciated Value |
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102 | 120 | | T10 As Percentage |
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103 | 121 | | T11 Assessment Year Of Acquisition |
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104 | 122 | | T12 Following Acquisition Cost Basis |
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105 | 123 | | T13 First year Ninety per cent |
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106 | 124 | | T14 Second year Sixty per cent |
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107 | 125 | | T15 Third year Forty per cent |
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108 | 126 | | T16 Fourth year Twenty per cent |
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109 | 127 | | T17 Fifth year and thereafter Ten per cent |
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110 | 128 | | |
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111 | 129 | | T9 |
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112 | 130 | | |
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113 | 131 | | Depreciated Value |
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114 | 132 | | |
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115 | 133 | | T10 |
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116 | 134 | | |
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117 | 135 | | As Percentage |
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118 | 136 | | |
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119 | 137 | | T11 |
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120 | 138 | | |
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121 | 139 | | Assessment Year |
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122 | 140 | | |
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123 | 141 | | Of Acquisition |
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124 | 142 | | |
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125 | 143 | | T12 |
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126 | 144 | | |
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127 | 145 | | Following Acquisition |
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128 | 146 | | |
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129 | 147 | | Cost Basis |
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130 | 148 | | |
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131 | 149 | | T13 |
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132 | 150 | | |
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133 | 151 | | First year |
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134 | 152 | | |
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135 | 153 | | Ninety per cent |
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136 | 154 | | |
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137 | 155 | | T14 |
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138 | 156 | | |
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139 | 157 | | Second year |
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140 | 158 | | |
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141 | 159 | | Sixty per cent |
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142 | 160 | | |
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143 | 161 | | T15 |
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144 | 162 | | |
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145 | 163 | | Third year |
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146 | 164 | | |
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147 | 165 | | Forty per cent |
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148 | 166 | | |
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149 | 167 | | T16 |
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150 | 168 | | |
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151 | 169 | | Fourth year |
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152 | 170 | | |
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153 | 171 | | Twenty per cent |
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154 | 172 | | |
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155 | 173 | | T17 |
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156 | 174 | | |
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157 | 175 | | Fifth year and thereafter |
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158 | 176 | | |
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159 | 177 | | Ten per cent |
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160 | 178 | | |
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161 | 179 | | (4) The following schedule of depreciation shall be applicable with respect to copiers, facsimile machines, medical testing equipment, and any similar type of equipment that is not specifically defined as electronic data processing equipment, but is considered by the assessor to be technologically advanced: |
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162 | 180 | | |
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163 | 181 | | |
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164 | 182 | | |
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165 | 183 | | T18 Depreciated Value |
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166 | 184 | | T19 As Percentage |
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167 | 185 | | T20 Assessment Year Of Acquisition |
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168 | 186 | | T21 Following Acquisition Cost Basis |
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169 | 187 | | T22 First year Ninety-five per cent |
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170 | 188 | | T23 Second year Eighty per cent |
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171 | 189 | | T24 Third year Sixty per cent |
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172 | 190 | | T25 Fourth year Forty per cent |
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173 | 191 | | T26 Fifth year and thereafter Twenty per cent |
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174 | 192 | | |
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175 | 193 | | T18 |
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176 | 194 | | |
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177 | 195 | | Depreciated Value |
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178 | 196 | | |
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179 | 197 | | T19 |
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180 | 198 | | |
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181 | 199 | | As Percentage |
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182 | 200 | | |
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183 | 201 | | T20 |
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184 | 202 | | |
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185 | 203 | | Assessment Year |
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186 | 204 | | |
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187 | 205 | | Of Acquisition |
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188 | 206 | | |
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189 | 207 | | T21 |
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190 | 208 | | |
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191 | 209 | | Following Acquisition |
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192 | 210 | | |
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193 | 211 | | Cost Basis |
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194 | 212 | | |
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195 | 213 | | T22 |
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196 | 214 | | |
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197 | 215 | | First year |
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198 | 216 | | |
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199 | 217 | | Ninety-five per cent |
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200 | 218 | | |
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201 | 219 | | T23 |
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202 | 220 | | |
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203 | 221 | | Second year |
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204 | 222 | | |
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205 | 223 | | Eighty per cent |
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206 | 224 | | |
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207 | 225 | | T24 |
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208 | 226 | | |
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209 | 227 | | Third year |
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210 | 228 | | |
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211 | 229 | | Sixty per cent |
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212 | 230 | | |
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213 | 231 | | T25 |
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214 | 232 | | |
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215 | 233 | | Fourth year |
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216 | 234 | | |
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217 | 235 | | Forty per cent |
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218 | 236 | | |
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219 | 237 | | T26 |
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220 | 238 | | |
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221 | 239 | | Fifth year and thereafter |
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222 | 240 | | |
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223 | 241 | | Twenty per cent |
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224 | 242 | | |
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225 | 243 | | (5) The following schedule of depreciation shall be applicable with respect to machinery and equipment used in the manufacturing process: |
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226 | 244 | | |
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227 | 245 | | |
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228 | 246 | | |
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229 | 247 | | T27 Depreciated Value |
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230 | 248 | | T28 As Percentage |
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231 | 249 | | T29 Assessment Year Of Acquisition |
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232 | 250 | | T30 Following Acquisition Cost Basis |
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233 | 251 | | T31 First year Ninety per cent |
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234 | 252 | | T32 Second year Eighty per cent |
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235 | 253 | | T33 Third year Seventy per cent |
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236 | 254 | | T34 Fourth year Sixty per cent |
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237 | 255 | | T35 Fifth year Fifty per cent |
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238 | 256 | | T36 Sixth year Forty per cent |
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239 | 257 | | T37 Seventh year Thirty per cent |
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240 | 258 | | T38 Eighth year and thereafter Twenty per cent |
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241 | 259 | | |
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242 | 260 | | T27 |
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243 | 261 | | |
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244 | 262 | | Depreciated Value |
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245 | 263 | | |
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246 | 264 | | T28 |
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247 | 265 | | |
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248 | 266 | | As Percentage |
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249 | 267 | | |
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250 | 268 | | T29 |
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251 | 269 | | |
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252 | 270 | | Assessment Year |
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253 | 271 | | |
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254 | 272 | | Of Acquisition |
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255 | 273 | | |
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256 | 274 | | T30 |
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257 | 275 | | |
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258 | 276 | | Following Acquisition |
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259 | 277 | | |
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260 | 278 | | Cost Basis |
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261 | 279 | | |
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262 | 280 | | T31 |
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263 | 281 | | |
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264 | 282 | | First year |
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265 | 283 | | |
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266 | 284 | | Ninety per cent |
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267 | 285 | | |
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268 | 286 | | T32 |
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269 | 287 | | |
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270 | 288 | | Second year |
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271 | 289 | | |
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272 | 290 | | Eighty per cent |
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273 | 291 | | |
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274 | 292 | | T33 |
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275 | 293 | | |
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276 | 294 | | Third year |
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277 | 295 | | |
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278 | 296 | | Seventy per cent |
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279 | 297 | | |
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280 | 298 | | T34 |
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281 | 299 | | |
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282 | 300 | | Fourth year |
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283 | 301 | | |
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284 | 302 | | Sixty per cent |
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285 | 303 | | |
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286 | 304 | | T35 |
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287 | 305 | | |
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288 | 306 | | Fifth year |
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289 | 307 | | |
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290 | 308 | | Fifty per cent |
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291 | 309 | | |
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292 | 310 | | T36 |
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293 | 311 | | |
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294 | 312 | | Sixth year |
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295 | 313 | | |
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296 | 314 | | Forty per cent |
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297 | 315 | | |
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298 | 316 | | T37 |
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299 | 317 | | |
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300 | 318 | | Seventh year |
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301 | 319 | | |
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302 | 320 | | Thirty per cent |
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303 | 321 | | |
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304 | 322 | | T38 |
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305 | 323 | | |
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306 | 324 | | Eighth year and thereafter |
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307 | 325 | | |
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308 | 326 | | Twenty per cent |
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309 | 327 | | |
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310 | 328 | | (6) The following schedule of depreciation shall be applicable with respect to all tangible personal property other than that described in subdivisions (3) to (5), inclusive, of this subsection: |
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311 | 329 | | |
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312 | 330 | | |
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313 | 331 | | |
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314 | 332 | | T39 Depreciated Value |
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315 | 333 | | T40 As Percentage |
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316 | 334 | | T41 Assessment Year Of Acquisition |
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317 | 335 | | T42 Following Acquisition Cost Basis |
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318 | 336 | | T43 First year Ninety-five per cent |
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319 | 337 | | T44 Second year Ninety per cent |
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320 | 338 | | T45 Third year Eighty per cent |
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321 | 339 | | T46 Fourth year Seventy per cent |
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322 | 340 | | T47 Fifth year Sixty per cent |
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323 | 341 | | T48 Sixth year Fifty per cent |
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324 | 342 | | T49 Seventh year Forty per cent |
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325 | 343 | | T50 Eighth year and thereafter Thirty per cent |
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326 | 344 | | |
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327 | 345 | | T39 |
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328 | 346 | | |
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329 | 347 | | Depreciated Value |
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330 | 348 | | |
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331 | 349 | | T40 |
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332 | 350 | | |
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333 | 351 | | As Percentage |
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334 | 352 | | |
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335 | 353 | | T41 |
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336 | 354 | | |
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337 | 355 | | Assessment Year |
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338 | 356 | | |
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339 | 357 | | Of Acquisition |
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340 | 358 | | |
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341 | 359 | | T42 |
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342 | 360 | | |
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343 | 361 | | Following Acquisition |
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344 | 362 | | |
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345 | 363 | | Cost Basis |
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346 | 364 | | |
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347 | 365 | | T43 |
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348 | 366 | | |
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349 | 367 | | First year |
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350 | 368 | | |
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351 | 369 | | Ninety-five per cent |
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352 | 370 | | |
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353 | 371 | | T44 |
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354 | 372 | | |
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355 | 373 | | Second year |
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356 | 374 | | |
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357 | 375 | | Ninety per cent |
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358 | 376 | | |
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359 | 377 | | T45 |
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360 | 378 | | |
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361 | 379 | | Third year |
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362 | 380 | | |
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363 | 381 | | Eighty per cent |
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364 | 382 | | |
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365 | 383 | | T46 |
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366 | 384 | | |
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367 | 385 | | Fourth year |
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368 | 386 | | |
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369 | 387 | | Seventy per cent |
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370 | 388 | | |
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371 | 389 | | T47 |
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372 | 390 | | |
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373 | 391 | | Fifth year |
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374 | 392 | | |
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375 | 393 | | Sixty per cent |
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376 | 394 | | |
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377 | 395 | | T48 |
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378 | 396 | | |
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379 | 397 | | Sixth year |
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380 | 398 | | |
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381 | 399 | | Fifty per cent |
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382 | 400 | | |
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383 | 401 | | T49 |
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384 | 402 | | |
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385 | 403 | | Seventh year |
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386 | 404 | | |
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387 | 405 | | Forty per cent |
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388 | 406 | | |
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389 | 407 | | T50 |
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390 | 408 | | |
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391 | 409 | | Eighth year and thereafter |
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392 | 410 | | |
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393 | 411 | | Thirty per cent |
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394 | 412 | | |
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395 | 413 | | (7) The present true and actual value of leased personal property shall be determined in accordance with the provisions of this subdivision. Such value for any assessment year shall be established in relation to the original selling price for self-manufactured property or acquisition cost for acquired property and shall reflect depreciation in accordance with the schedules provided in subdivisions (3) to (6), inclusive, of this subsection. If the assessor is unable to determine the original selling price of leased personal property, the present true and actual value thereof shall be its current selling price. |
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396 | 414 | | |
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397 | 415 | | (8) With respect to any personal property which is prohibited by law from being sold, the present true and actual value of such property shall be established with respect to such property's original manufactured cost increased by a ratio the numerator of which is the total proceeds from the manufacturer's salable equipment sold and the denominator of which is the total cost of the manufacturer's salable equipment sold. Such value shall then be depreciated in accordance with the appropriate schedule in this subsection. |
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398 | 416 | | |
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399 | 417 | | (9) The schedules of depreciation set forth in subdivisions (3) to (6), inclusive, of this subsection shall not be used with respect to videotapes, horses or other taxable livestock or electric cogenerating equipment. |
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400 | 418 | | |
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401 | 419 | | (10) If the assessor determines that the value of any item of personal property produced by the application of the schedules set forth in this subsection does not accurately reflect the present true and actual value of such item, the assessor shall adjust such value to reflect the present true and actual value of such item. |
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402 | 420 | | |
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403 | 421 | | (11) Nothing in this subsection shall prevent any taxpayer from appealing any assessment made pursuant to this subsection if such assessment does not accurately reflect the present true and actual value of any item of such taxpayer's personal property. |
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404 | 422 | | |
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405 | 423 | | [(c) (1) For the assessment years commencing October 1, 2006, October 1, 2007, October 1, 2008, October 1, 2009, October 1, 2010, and October 1, 2011, the annual declaration of tangible personal property that a taxpayer files with the assessor of the town, shall be accompanied by a supplement to said declaration on which the taxpayer shall provide the following information for machinery and equipment eligible for a grant pursuant to section 12-94b or 12-94f: (A) The assessment year during which such property was acquired and installed; (B) the original cost of acquisition for such property, including charges for such property's transportation and installation; (C) the value of such property depreciated in accordance with the schedule provided by the assessor; (D) the total of the original cost of acquisition for all such property; and (E) the total depreciated value of such property for all such property. The assessor shall provide a declaration of tangible personal property, together with such supplement, to the owner of each manufacturing facility, as defined in subparagraph (A) of subdivision (72) of section 12-81, and to the owner of each facility engaged in biotechnology, as defined in said subparagraph. |
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406 | 424 | | |
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407 | 425 | | (2) For the assessment years commencing October 1, 2006, October 1, 2007, October 1, 2008, October 1, 2009, October 1, 2010, and October 1, 2011, the assessor of each town shall determine the depreciated value of machinery and equipment, for the purposes of this section, section 12-94b and section 12-94f, in accordance with the method said assessor used to determine the depreciated value of the same or similar machinery and equipment for the assessment year commencing October 1, 2005. The supplement to the declaration of tangible personal property the assessor provides, pursuant to subdivision (1) of this subsection, for the assessment year commencing October 1, 2006, shall not reflect an alteration of the depreciation schedule that would result in an assessment increase for any such property, over the assessment of such property for the assessment year commencing October 1, 2005, and the supplement to such declaration the assessor provides for the assessment years commencing October 1, 2007, October 1, 2008, October 1, 2009, October 1, 2010, and October 1, 2011, shall not reflect an alteration of the depreciation schedule that would result in an assessment increase for any such property, over the assessment of such property for the preceding assessment year.] |
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408 | 426 | | |
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409 | 427 | | Sec. 4. Subdivision (72) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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410 | 428 | | |
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411 | 429 | | (72) (A) Effective for assessment years commencing on or after October 1, 2002, but prior to assessment years commencing on or after October 1, 2011, new machinery and equipment, as defined in this subdivision, acquired after October 1, 1990, and prior to October 1, 2011, and newly-acquired machinery and equipment, as defined in this subdivision, acquired on or after July 1, 1992, and prior to October 1, 2011, by the person claiming exemption under this subdivision, provided this exemption shall only be applicable in the five full assessment years following the assessment year in which such machinery or equipment is acquired, subject to the provisions of subparagraph (B) of this subdivision. Machinery and equipment acquired on or after July 1, 1996, and prior to October 1, 2011, and used in connection with biotechnology shall qualify for the exemption under this subdivision. Machinery and equipment acquired on or after July 1, 2006, and used in connection with recycling shall qualify for the exemption under this subdivision. For the purposes of this subdivision: (i) "Machinery" and "equipment" means tangible personal property which is installed in a manufacturing facility and claimed on the owner's federal income tax return as either five-year property or seven-year property, as those terms are defined in Section 168(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the predominant use of which is for manufacturing, processing or fabricating; for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing; for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis; for measuring or testing or for metal finishing; or used in the production of motion pictures, video and sound recordings. "Machinery" means the basic machine itself, including all of its component parts and contrivances such as belts, pulleys, shafts, moving parts, operating structures and all equipment or devices used or required to control, regulate or operate the machinery, including, without limitation, computers and data processing equipment, together with all replacement and repair parts therefor, whether purchased separately or in conjunction with a complete machine, and regardless of whether the machine or component parts thereof are assembled by the taxpayer or another party. "Equipment" means any device separate from machinery but essential to a manufacturing, processing or fabricating process. (ii) "Manufacturing facility" means that portion of a plant, building or other real property improvement used for manufacturing, processing or fabricating, for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing, for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis, for measuring or testing or for metal finishing. (iii) "Manufacturing" means the activity of converting or conditioning tangible personal property by changing the form, composition, quality or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Changing the quality of property shall include any substantial overhaul of the property that results in a significantly greater service life than such property would have had in the absence of such overhaul or with significantly greater functionality within the original service life of the property, beyond merely restoring the original functionality for the balance of the original service life. (iv) "Fabricating" means to make, build, create, produce or assemble components or tangible personal property work in a new or different manner, but does not include the presorting, sorting, coding, folding, stuffing or delivery of direct or indirect mail distribution services. (v) "Processing" means the physical application of the materials and labor in a manufacturing process necessary to modify or change the characteristics of tangible personal property. (vi) "Measuring or testing" includes both nondestructive and destructive measuring or testing, and the alignment and calibration of machinery, equipment and tools, in the furtherance of the manufacturing, processing or fabricating of tangible personal property. (vii) "Biotechnology" means the application of technologies, including recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, biological cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products. (viii) "Recycling" means the processing of solid waste to reclaim material, as defined in section 22a-260; |
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412 | 430 | | |
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413 | | - | (B) Any person who on October first in any year holds title to machinery and equipment for which such person desires to claim the exemption provided in this subdivision shall file with the assessor or board of assessors in the municipality in which the machinery or equipment is located, on or before the first day of November in such year, a list of such machinery or equipment together with written application claiming such exemption. [on a form prescribed by the Secretary of the Office of Policy and Management.] Such application shall include the taxpayer identification number assigned to the claimant by the Commissioner of Revenue Services and the federal employer identification number assigned to the claimant by the Secretary of the Treasury. If title to such equipment is held by a person other than the person claiming the exemption, the claimant shall include on such person's application information as to the portion of the total acquisition cost incurred by such person, and on or before the first day of November in such year, the person holding title to such machinery and equipment shall file a list of such machinery with the assessor of the municipality in which the manufacturing facility of the claimant is located. Such person shall include on the list information as to the portion of the total acquisition cost incurred by such person. Commercial or financial information in any application or list filed under this section shall not be open for public inspection, provided such information is given in confidence and is not available to the public from any other source. The provisions of this subdivision regarding the filing of lists and information shall not supersede the requirements to file tax lists under sections 12-41, 12-42 and 12-57a. In substantiation of such claim, the claimant and the person holding title to machinery and equipment for which exemption is claimed shall present to the assessor or board of assessors such supporting documentation as said secretary may require, including, but not limited to, invoices, bills of sale, contracts for lease and bills of lading and shall, upon request, present to the secretary or the secretary's designee a copy of each applicable federal income tax return and accompanying schedules. In lieu of submitting each applicable federal income tax return and accompanying schedules, a claimant and person holding title to machinery and equipment for which an exemption is claimed may, upon approval of said secretary, submit copies of applicable schedules accompanied by a sworn affidavit stating that such schedules were filed as part of such claimant's or person's federal income tax return. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed pursuant to section 12-81k. If title to exempt machinery is conveyed subsequent to October first in any assessment year, entitlement to such exemption shall terminate for the next assessment year and there shall be no pro rata application of the exemption unless such machinery or equipment continues to be leased by the manufacturer who claimed and was approved for the exemption in the previous assessment year. Machinery or equipment shall not be eligible for exemption upon transfer from a seller to a related business or from a lessor to a lessee except to the extent it would have been eligible for exemption by the seller or the lessor, as the case may be. For the purposes of this subdivision, "related business" means: (i) A corporation, limited liability company, partnership, association or trust controlled by the taxpayer; (ii) an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer; (iii) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer; or (iv) a member of the same controlled group as the taxpayer. For purposes of this subdivision, "control", with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of such corporation entitled to vote. "Control", with respect to a trust, means ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than paragraph (3) of said Section 267(c); |
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| 431 | + | (B) Any person who on October first in any year holds title to machinery and equipment for which such person desires to claim the exemption provided in this subdivision shall file with the assessor or board of assessors in the municipality in which the machinery or equipment is located, on or before the first day of November in such year, a list of such machinery or equipment together with written application claiming such exemption. [on a form prescribed by the Secretary of the Office of Policy and Management.] Such application shall include the taxpayer identification number assigned to the claimant by the Commissioner of Revenue Services and the federal employer identification number assigned to the claimant by the Secretary of the Treasury. If title to such equipment is held by a person other than the person claiming the exemption, the claimant shall include on such person's application information as to the portion of the total acquisition cost incurred by such person, and on or before the first day of November in such year, the person holding title to such machinery and equipment shall file a list of such machinery with the assessor of the municipality in which the manufacturing facility of the claimant is located. Such person shall include on the list information as to the portion of the total acquisition cost incurred by such person. Commercial or financial information in any application or list filed under this section shall not be open for public inspection, provided such information is given in confidence and is not available to the public from any other source. The provisions of this subdivision regarding the filing of lists and information shall not supersede the requirements to file tax lists under sections 12-41, 12-42 and 12-57a. In substantiation of such claim, the claimant and the person holding title to machinery and equipment for which exemption is claimed shall present to the assessor or board of assessors such supporting documentation as said secretary may require, including, but not limited to, invoices, bills of sale, contracts for lease and bills of lading and shall, upon request, present to the secretary or the secretary's designee a copy of each applicable federal income tax return and accompanying schedules. In lieu of submitting each applicable federal income tax return and accompanying schedules, a claimant and person holding title to machinery and equipment for which an exemption is claimed may, upon approval of said secretary, submit copies of applicable schedules accompanied by a sworn affidavit stating that such schedules were filed as part of such claimant's or person's federal income tax return. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed pursuant to section 12-81k, as amended by this act. If title to exempt machinery is conveyed subsequent to October first in any assessment year, entitlement to such exemption shall terminate for the next assessment year and there shall be no pro rata application of the exemption unless such machinery or equipment continues to be leased by the manufacturer who claimed and was approved for the exemption in the previous assessment year. Machinery or equipment shall not be eligible for exemption upon transfer from a seller to a related business or from a lessor to a lessee except to the extent it would have been eligible for exemption by the seller or the lessor, as the case may be. For the purposes of this subdivision, "related business" means: (i) A corporation, limited liability company, partnership, association or trust controlled by the taxpayer; (ii) an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer; (iii) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer; or (iv) a member of the same controlled group as the taxpayer. For purposes of this subdivision, "control", with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of such corporation entitled to vote. "Control", with respect to a trust, means ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than paragraph (3) of said Section 267(c); |
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421 | | - | Sec. 5. Section 27-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 439 | + | Sec. 5. Section 12-81k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 440 | + | |
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| 441 | + | Whenever any person claiming the exemption from property tax under the provisions of subdivisions (59) [,] and (60) [, (70), (72) and (74)] of section 12-81, as amended by this act, has failed to file a claim with the assessor or board of assessors as required in said subdivisions, the assessor or board of assessors, upon receipt of a request from such person, may allow an extension of time until the fifteenth day of December for the filing of such claim, provided whenever an extension of time is so allowed, such person shall be required to pay a fee for late filing to the municipality in which the property, with respect to which such claim is submitted, is situated, unless such fee is waived by the assessor or board of assessors. Said fee shall be calculated as follows: If the assessed value of the property with respect to which such claim is submitted is one hundred thousand dollars or less, said fee shall be fifty dollars; if the assessed value of the property with respect to which such claim is submitted is greater than one hundred thousand dollars but less than two hundred fifty thousand dollars, said fee shall be one hundred fifty dollars; if the assessed value of the property with respect to which such claim is submitted is equal to or greater than two hundred fifty thousand dollars but less than five hundred thousand dollars, said fee shall be two hundred fifty dollars; if the assessed value of the property with respect to which such claim is submitted is equal to or greater than five hundred thousand dollars, said fee shall be five hundred dollars. If any person is granted an extension of the November first date for filing a tax list in accordance with section 12-42, the date by which he shall be required to claim an exemption under subdivision (59) [,] or (60) [, (70), (72) or (74)] of section 12-81, as amended by this act, shall be automatically extended to the fifteenth day of December and such person shall not be required to request an extension of the filing date for such claim. |
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| 442 | + | |
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| 443 | + | Sec. 6. Section 12-94e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 444 | + | |
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| 445 | + | Whenever any person claiming the exemption from property tax under the provisions of subdivision (59) [,] or (60) [, (70), (72) or (74)] of section 12-81, as amended by this act, has failed to file a claim with the assessor or board of assessors as required in said subdivisions and has further failed to apply for an extension of time under section 12-81k, as amended by this act, the municipality, upon receipt of a request from such person, may, by vote of its legislative body, grant such exemption according to criteria established by the municipality, including, but not limited to, allowing for any hardship experienced by the person which may account for the failure to claim the exemption or to file for an extension of time and whether the exemption would provide a net benefit to economic development in the municipality. No payment in lieu of tax under this chapter shall be made with regard to any property exempted from tax under this section. |
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| 446 | + | |
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| 447 | + | Sec. 7. Subsection (a) of section 12-120b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 448 | + | |
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| 449 | + | (a) As used in this section: |
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| 450 | + | |
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| 451 | + | (1) "Claimant" means a person, company, limited liability company, firm, association, corporation or other business entity having received approval for financial assistance from a town's assessor or a municipal official; |
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| 452 | + | |
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| 453 | + | (2) "Financial assistance" means a property tax exemption, property tax credit or rental rebate for which the state of Connecticut provides direct or indirect reimbursement; and |
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| 454 | + | |
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| 455 | + | (3) "Program" means (A) property tax exemptions under section 12-81g or subdivision (55), (59) [,] or (60) [, (70), (72) or (74)] of section 12-81, as amended by this act, (B) tax relief pursuant to section 12-129d or 12-170aa, and (C) rebates under section 12-170d. |
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| 456 | + | |
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| 457 | + | Sec. 8. Subdivision (4) of subsection (d) of section 12-120b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 458 | + | |
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| 459 | + | (4) The secretary shall notify each claimant of the final modification or denial of financial assistance as claimed, in accordance with the procedure set forth in this subsection. A copy of the notice of final modification or denial shall be sent concurrently to the assessor or municipal official who approved such financial assistance. With respect to property tax exemptions under section 12-81g or subdivision (55), (59) [,] or (60) [or (70)] of section 12-81, as amended by this act, and tax relief pursuant to section 12-129d or 12-170aa, the notice pursuant to this subdivision shall be sent not later than one year after the date claims for financial assistance for each such program are filed with the secretary. For the property tax [exemptions] exemption under subdivision (72) [or (74)] of section 12-81, as amended by this act, such notice shall be sent not later than the date by which a final modification to the payment for such program must be reflected in the certification of the secretary to the Comptroller. For the program of rebates under section 12-170d, such notice shall be sent not later than the date by which the secretary certifies the amounts of payment to the Comptroller. |
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| 460 | + | |
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| 461 | + | Sec. 9. Section 27-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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