LCO 6544 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05644-R02- HB.docx 1 of 6 General Assembly Committee Bill No. 5644 January Session, 2019 LCO No. 6544 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by: (PD) AN ACT CONCERNING TH E DEPRECIATION SCHED ULE FOR COMMERCIAL CONSTRUCT ION EQUIPMENT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (b) of section 12-63 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective 2 October 1, 2019, and applicable to assessment years commencing on and after 3 October 1, 2019): 4 (b) (1) For the purposes of this subsection, (A) "electronic data 5 processing equipment" means computers, printers, peripheral 6 computer equipment, bundled software and any computer -based 7 equipment acting as a computer, as defined in Section 168 of the 8 Internal Revenue Code of 1986, or any subsequent corresponding 9 internal revenue code of the United States, as from time to time 10 amended; (B) "leased personal property" means tangible personal 11 property which is the subject of a written or oral lease or loan on the 12 assessment date, or any such property which has been so leased or 13 loaned by the then current owner of such property for three or more of 14 the twelve months preceding such assessment date; and (C) "original 15 selling price" means the price at which tangible personal property is 16 Committee Bill No. 5644 LCO 6544 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05644- R02-HB.docx } 2 of 6 most frequently sold in the year that it was manufactured. 17 (2) Any municipality may, by ordinance, adopt the provisions of 18 this subsection to be applicable for the assessment year commencing 19 October first of the assessment year in which a revaluation of all real 20 property required pursuant to section 12-62 is performed in such 21 municipality, and for each assessment year thereafter. If so adopted, 22 the present true and actual value of tangible personal property, other 23 than motor vehicles not provided for in subdivision (6) of this 24 subsection, shall be determined in accordance with the provisions of 25 this subsection. If such property is purchased, its true and actual value 26 shall be established in relation to the cost of its acquisition, including 27 transportation and installation, and shall reflect depreciation in 28 accordance with the schedules set forth in subdivisions (3) to (6), 29 inclusive, of this subsection. If such property is developed and 30 produced by the owner of such property for a purpose other than 31 wholesale or retail sale or lease, its true and actual value shall be 32 established in relation to its cost of development, production and 33 installation and shall reflect depreciation in accordance with the 34 schedules provided in subdivisions (3) to (6), inclusive, of this 35 subsection. The provisions of this subsection shall not apply to 36 property owned by a public service company, as defined in section 16-37 1. 38 (3) The following schedule of depreciation shall be applicable with 39 respect to electronic data processing equipment: 40 (A) Group I: Computer and peripheral hardware, including, but not 41 limited to, personal computers, workstations, terminals, storage 42 devices, printers, scanners, computer peripherals and networking 43 equipment: 44 T1 Depreciated Value T2 As Percentage T3 Assessment Year Of Acquisition Committee Bill No. 5644 LCO 6544 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05644- R02-HB.docx } 3 of 6 T4 Following Acquisition Cost Basis T5 First year Seventy per cent T6 Second year Forty per cent T7 Third year Twenty per cent T8 Fourth year and thereafter Ten per cent (B) Group II: Other hardware, including, but not limited to, mini-45 frame and main-frame systems with an acquisition cost of more than 46 twenty-five thousand dollars: 47 T9 Depreciated Value T10 As Percentage T11 Assessment Year Of Acquisition T12 Following Acquisition Cost Basis T13 First year Ninety per cent T14 Second year Sixty per cent T15 Third year Forty per cent T16 Fourth year Twenty per cent T17 Fifth year and thereafter Ten per cent (4) The following schedule of depreciation shall be applicable with 48 respect to copiers, facsimile machines, medical testing equipment, and 49 any similar type of equipment that is not specifically defined as 50 electronic data processing equipment, but is considered by the assessor 51 to be technologically advanced: 52 T18 Depreciated Value T19 As Percentage T20 Assessment Year Of Acquisition T21 Following Acquisition Cost Basis T22 First year Ninety-five per cent T23 Second year Eighty per cent T24 Third year Sixty per cent Committee Bill No. 5644 LCO 6544 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05644- R02-HB.docx } 4 of 6 T25 Fourth year Forty per cent T26 Fifth year and thereafter Twenty per cent (5) The following schedule of depreciation shall be applicable with 53 respect to machinery and equipment used in the manufacturing 54 process: 55 T27 Depreciated Value T28 As Percentage T29 Assessment Year Of Acquisition T30 Following Acquisition Cost Basis T31 First year Ninety per cent T32 Second year Eighty per cent T33 Third year Seventy per cent T34 Fourth year Sixty per cent T35 Fifth year Fifty per cent T36 Sixth year Forty per cent T37 Seventh year Thirty per cent T38 Eighth year and thereafter Twenty per cent (6) The following schedule of depreciation shall be applicable with 56 respect to all tangible personal property, other than that described in 57 subdivisions (3) to (5), inclusive, of this subsection, and all machinery 58 and equipment, including any motor vehicle, used for commercial 59 construction purposes: 60 T39 Depreciated Value T40 As Percentage T41 Assessment Year Of Acquisition T42 Following Acquisition Cost Basis T43 First year Ninety-five per cent T44 Second year Ninety per cent T45 Third year Eighty per cent Committee Bill No. 5644 LCO 6544 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05644- R02-HB.docx } 5 of 6 T46 Fourth year Seventy per cent T47 Fifth year Sixty per cent T48 Sixth year Fifty per cent T49 Seventh year Forty per cent T50 Eighth year and thereafter Thirty per cent (7) The present true and actual value of leased personal property 61 shall be determined in accordance with the provisions of this 62 subdivision. Such value for any assessment year shall be established in 63 relation to the original selling price for self-manufactured property or 64 acquisition cost for acquired property and shall reflect depreciation in 65 accordance with the schedules provided in subdivisions (3) to (6), 66 inclusive, of this subsection. If the assessor is unable to determine the 67 original selling price of leased personal property, the present true and 68 actual value thereof shall be its current selling price. 69 (8) With respect to any personal property which is prohibited by 70 law from being sold, the present true and actual value of such property 71 shall be established with respect to such property's original 72 manufactured cost increased by a ratio the numerator of which is the 73 total proceeds from the manufacturer's salable equipment sold and the 74 denominator of which is the total cost of the manufacturer's salable 75 equipment sold. Such value shall then be depreciated in accordance 76 with the appropriate schedule in this subsection. 77 (9) The schedules of depreciation set forth in subdivisions (3) to (6), 78 inclusive, of this subsection shall not be used with respect to 79 videotapes, horses or other taxable livestock or electric cogenerating 80 equipment. 81 (10) If the assessor determines that the value of any item of personal 82 property produced by the application of the schedules set forth in this 83 subsection does not accurately reflect the present true and actual value 84 of such item, the assessor shall adjust such value to reflect the present 85 true and actual value of such item. 86 Committee Bill No. 5644 LCO 6544 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05644- R02-HB.docx } 6 of 6 (11) Nothing in this subsection shall prevent any taxpayer from 87 appealing any assessment made pursuant to this subsection if such 88 assessment does not accurately reflect the present true and actual 89 value of any item of such taxpayer's personal property. 90 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019, and applicable to assessment years commencing on and after October 1, 2019 12-63(b) PD Joint Favorable