COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, nw Washington, D.C. 20004 Statement of Introduction Personal Property Tax Simplification Amendment Act of 2024 October 11, 2024 Today, I am proud to introduce the Personal Property Tax Simplification Amendment Act of 2024 along with Councilmembers Janeese Lewis George, Matthew Frumin, Charles Allen, and Anita Bonds. This legislation would raise the current personal property tax exemption for businesses in the District from $225,000 to $325,000, tie prospective annual increases to the Consumer Price Index, and remove the requirement for filers under the threshold to file the personal property (FP-31) tax return form. The District of Columbia levies a personal property tax on all tangible business property, excluding inventories. The rate is $3.40 per $100 of taxable value, with the first $225,000 exempt. Taxable property includes machinery, equipment, and furniture, but excludes software unless integrated into hardware. Nonprofits and specific businesses (such as solar systems and qualified supermarkets) are exempt. Currently, all businesses, regardless of tax owed or exemptions, must file an FP-31 form, detailing each asset's value and depreciation. This requirement creates significant administrative burdens, particularly for smaller businesses with little to no taxable property. According to data provided by the Tax Revision Commission, about 60,000 personal property tax returns were filed from July 2022 to June 2023, but fewer than 1,500 filers had a tax liability. Additionally, the current $225,000 exemption was established in 2008. If adjusted for inflation, the exemption value would be $324,000 today. Currently, twelve states do not tax businesses’ personal property at all: Delaware, Hawaii, Illinois, Iowa, Minnesota, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, and South Dakota. In addition, many other states are pursuing strategies to reduce or eliminate tangible personal property taxes. Nationwide, nearly 100 bills have been introduced in 23 states to reduce personal property taxes. Aligning with these efforts ensures that D.C. remains an attractive place for small businesses, reducing administrative burdens and promoting economic vitality. I look forward to continuing to work with my Council colleagues to advance these critical reforms, ensuring that the District remains competitive for small businesses while alleviating unnecessary administrative burdens. Christina Henderson Committee Member Councilmember, At-Large Hospital and Health Equity Chairperson, Committee on Health Judiciary and Public Safety Transportation and the Environment ______________________________ ______________________________ 1 Councilmember Janeese Lewis George Councilmember Christina Henderson 2 3 4 ______________________________ ______________________________ 5 Councilmember Matthew Frumin Councilmember Charles Allen 6 7 8 ______________________________ 9 Councilmember Anita Bonds 10 11 12 A BILL 13 14 ________ 15 16 17 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 18 19 ________________ 20 21 22 To amend Chapter 15 of Title 47 of the District of Columbia Official Code to increase the dollar 23 threshold for levying the personal property tax, and to exempt filers from including the 24 value of their tangible personal property on their tax returns if the value is below the 25 dollar threshold for taxation. 26 27 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28 act may be cited as the “Personal Property Tax Simplification Amendment Act of 2024”. 29 Sec. 2. Chapter 15 of Title 47 of the District of Columbia Official Code is amended as 30 follows: 31 (a) D.C. Official Code § 47-1522(a) is amended to read as follows: 32 “(a) Each year the District shall levy a tax against every person on the tangible personal 33 property owned or held in trust in that person’s trade or business in the District. The rate of tax 34 shall be as follows: 35 “(1) For tax years ending before June 30, 2024, the rate of tax shall be $3.40 for 36 each $100 of value of the taxable personal property, in excess of $225,000 in value; 37 “(2) For the tax year beginning on July 1, 2025, the rate of tax shall be $3.40 for 38 each $100 of value of the taxable personal property, in excess of $325,000 in value; and 39 “(3) For each tax year thereafter, the rate of tax shall be $3.40 for each $100 of 40 value of the taxable personal property, in excess of $325,000 multiplied by the percentage that the 41 local Consumer Price Index as defined in § 47-1807.14(2), has risen during the calendar year in 42 which the tax year began, rounded to the nearest whole dollar.”. 43 (b) D.C. Official Code § 47-1523(a) is amended to read as follows: 44 “(a) The full and true value and the current value of tangible personal property, including 45 taxable leasehold improvements, having a taxable situs in the District shall be reported on the 46 return if, for the tax year, the value exceeds the threshold for taxation under § 47-1522. The full 47 and true value shall be the original costs of the tangible personal property in an arms-length 48 transaction, computed as of July 1st of the tax year. The current value of the tangible personal 49 property shall be the full and true value less a reasonable allowance for straight line depreciation 50 in accordance with rules promulgated by the Mayor and the provisions under subsections (b), c), 51 (d), and (e) of this section. Tangible personal property items with a useful life of one year or less 52 shall be reported at cost. No proration of value shall be permitted in anticipation of the 53 disposition of an item of tangible personal property. In no event shall the current value reported 54 be less than 25% of the original cost or exchange value of the tangible personal property, except 55 as permitted under subsection (b) of this section.”. 56 Sec. 3. Fiscal impact statement. 57 The Council adopts the fiscal impact statement in the committee report as the fiscal 58 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 59 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 60 Sec. 4. Effective date. 61 This act shall take effect following approval by the Mayor (or in the event of veto by the 62 Mayor, action by the Council to override the veto), and a 30-day period of congressional review 63 as provided in section 602c)(1) of the District of Columbia Home Rule Act, approved December 64 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02c)(1)). 65