Connecticut 2019 Regular Session

Connecticut House Bill HB05644 Latest Draft

Bill / Comm Sub Version Filed 04/17/2019

                             
 
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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repealed and the following is substituted in lieu thereof (Effective 2 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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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(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