reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.159 - PROPERTY AUDITS AND REVIEWS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may conduct audits and reviews of commercial property. These audits and reviews
				will be performed in order to implement
				15-8-104, MCA.
(2) For purposes of audits and reviews, the
				department may utilize information supplied by the Secretary of State,
				Department of Livestock, Department of Revenue, Department of Agriculture,
				Department of Commerce, Federal Farm Services Agency, Federal Natural Resource
				Conservation Service, department developed models or comparative studies, and
				local government entities to determine the taxable value of the property
				subject to taxation.
(3) The
				purpose of property audits and reviews is to ensure that property owners are
				returning correct and accurate cost data on property returns, and that all
				taxable property has been reported for assessment purposes.
(4) The department will seek access to the
				following records for purposes of conducting the audits and reviews, pursuant
				to 15-8-304, MCA:
(a) personal property returns on file in the
				department's field offices;
(b)
				income statements, receipts of purchase, asset listings, asset registers, asset
				ledgers, purchase rental program agreements, and any information in the
				possession of the property owner or lessee which would reflect capital asset
				investment costs;
(c) any
				depreciation schedules, age/life programs, asset life schedules, or capital
				asset investment recovery records in the possession of the commercial personal
				property taxpayer or his representative; and
(d) any other information in the possession
				of the department and/or property owner or lessee which is necessary in order
				to conduct a thorough audit or review.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.160 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter the following definitions
				  apply:
(1) "Affiliated entity" has the
				meaning given the term in ARM
				42.21.158.
(2) "Aggregate" means the total sum of all
				class eight assets owned, claimed, possessed, controlled, or managed directly
				or indirectly through an affiliated entity by a person within the state
(3) "Business entity" means an
				organization engaged in the production, manufacture, distribution, purchasing,
				or sale of an article of commerce. Such organizations include but are not
				limited to:
(a) a limited liability company
				treated for tax purposes as a sole proprietorship;
(b) a corporation (foreign or
				domestic);
(c) a not-for-profit
				corporation;
(d) a profit and
				not-for-profit unincorporated association;
(e) a business trust;
(f) limited liability company;
(g) limited liability partnership;
(h) a small business corporation;
				or
(i) a partnership.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.161 - PERSONAL PROPERTY TAXABLE SITUS

Current through Register Vol. 13, July 5, 2024
(1) The
				taxable situs for personal property shall be the levy district in which it is
				located on January 1 of the year of assessment.
(a) If taxable personal property is moved
				from one county to another and the county in which it is located on January 1
				fails to assess the property, the county to which the property moves may assess
				the property for the entire year.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.162 - PERSONAL PROPERTY TAXATION DATES

Current through Register Vol. 13, July 5, 2024
(1) In
				compliance with
				15-8-201
				and
				15-8-301,
				MCA, all personal property subject to taxation shall be taxed to the owner or
				person in control or possession of the property as of midnight on January 1 of
				each tax year provided the personal property is not in an exempt status.
(2) In all cases in which an
				application for personal property tax is required by law, the application for
				exemption must be filed before March 1 of the year for which the exemption is
				sought. If the applicant acquires the personal property after January 1, they
				must submit an application for exemption:
(a)
				by March 1; or
(b) within 30 days of
				acquisition of a motor vehicle.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.163 - PERSONAL PROPERTY TAX REFUND

Current through Register Vol. 13, July 5, 2024
(1) A
				person removing personal property, except motor vehicles under Title 61, MCA,
				from the state before the end of the calendar year of assessment may apply for
				a refund of property tax paid. Application must be made with the county
				commissioners of the county where the property was assessed.
(2) The application must contain:
(a) the name and current mailing address of
				the applicant;
(b) a complete
				description of the personal property;
(c) the Montana property tax bill for the
				personal property under consideration with proof of full payment;
(d) the date the personal property was
				removed from the state;
(e) the
				location of the personal property upon removal from the state; and
(f) proof that a property tax was paid on the
				personal property in another state, such as a verified paid property tax
				receipt.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.164 - REQUEST FOR REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.1 - Market Value of Personal Property › Rule 42.21.165 - LIVESTOCK REPORTING AND PER CAPITA FEE PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) A livestock owner or the livestock
				owner's agent must submit a livestock reporting form, electronically or in
				writing, to the department no later than March 1 annually.
(2) The reporting form required in (1) must
				list the livestock type and count, by county, where livestock are located on
				February 1. For all poultry and honey bees, swine 3 months of age or older, and
				all other livestock 9 months of age or older, the livestock owner/producer
				shall report the number of animals within each of the following established
				categories:
(a) horses, mules, and asses
				(ponies, donkeys, burros);
(b)
				cattle (heifer and steer calves 9 months and older, yearlings, cows, and
				bulls);
(c) domestic
				bison;
(d) sheep;
(e) swine;
(f) goats;
(g) poultry (chickens, turkeys, geese, ducks,
				and other domestic birds raised as food or to produce feathers);
(h) honey bee hives;
(i) alternative livestock (privately owned
				caribou, mule deer, whitetail deer, elk, moose, antelope, mountain sheep,
				mountain goats indigenous to Montana);
(j) ostriches, emus, and rheas; and
(k) llamas and alpacas.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.201 - APPLICATION FOR CLASSIFICATION AS NONPRODUCTIVE, PATENTED MINING CLAIM

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.301
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.202 - DEFINITIONS OF TERMS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.302
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.203 - CRITERIA FOR VALUATION AS MINING CLAIM

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.303
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.204 - ADDITIONAL RESTRICTIONS THAT CURTAIL PREFERENTIAL TREATMENT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.304
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.205 - VALUATION OF ACREAGE BENEATH IMPROVEMENTS ON ELIGIBLE MINING CLAIMS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.305
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.206 - VALUATION OF IMPROVEMENTS LOCATED ON ELIGIBLE MINING CLAIMS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.306
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.207 - VALUATION OF ELIGIBLE MINING CLAIM LAND

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.307
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-101,
					 15-6-148,
					 15-6-153, and
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.208 - APPLICATION FOR CLASSIFICATION AS CLASS 19 PROPERTY

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.308
Sec.
					 15-1-201 and
					 15-6-101, MCA; IMP, Sec.
					 15-6-149 and
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.209 - ELIGIBILITY CRITERIA FOR CLASSIFICATION AND VALUATION AS CLASS 19

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.309
Sec.
					 15-1-201 and
					 15-6-101, MCA; IMP, Sec.
					 15-6-149 and
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.210 - PORTIONS OF PARCELS ELIGIBLE FOR CLASSIFICATION AS CLASS 19

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.310
Sec.
					 15-1-201 and
					 15-6-101, MCA; IMP, Sec.
					 15-6-149 and
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.2 - Classification of Mining Claims › Rule 42.21.211 - PORTIONS OF PARCELS ELIGIBLE FOR CLASSIFICATION AS CLASS 4

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.20.311
Sec.
					 15-1-201 and
					 15-6-101, MCA; IMP, Sec.
					 15-6-149 and
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.301 - VALUATION PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.302 - VEHICLES LISTED IN THE GUIDES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.303 - VEHICLES PREVIOUSLY REGISTERED THAT ARE "SUBSEQUENTLY NOT LISTED" IN THE GUIDES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.304 - VEHICLES NEVER LISTED IN THE GUIDES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.305 - TRENDED DEPRECIATION SCHEDULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.306 - MINIMUM VALUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.307 - BASE VALUE ADJUSTMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.308 - VEHICLE AGE DETERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.309 - PAYMENT OF THE NEW CAR SALES TAX AND THE AD VALOREM TAX (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.310 - FINAL VALUATION AUTHORITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.311 - REGISTRATION, EXPIRATION DATE PRIOR TO JUNE 30, 1987 (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.312 - ANNIVERSARY REREGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.313 - TAX RATE PERCENTAGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201 and
					 61-3-506, MCA; IMP, Sec.
					 15-8-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.3 - Light Vehicles and Motorcycles › Rule 42.21.314 - CO-OP VEHICLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305, MCA; IMP, Sec.
					 15-6-135,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.11 - Freeport Merchandise › Rule 42.21.1101 - DETERMINATION OF FREEPORT MERCHANDISE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.11 - Freeport Merchandise › Rule 42.21.1102 - APPLICATION FOR CLASSIFICATION AS FREEPORT MERCHANDISE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.11 - Freeport Merchandise › Rule 42.21.1103 - PROCESSING OF APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.21 - PERSONAL PROPERTY › Subchapter 42.21.11 - Freeport Merchandise › Rule 42.21.1104 - REVIEW OF UNFAVORABLE DECISION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-6-202,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this chapter:
(1) "Airline" means a company engaged in
				scheduled air commerce.
(2)
				"Allocation" is the term used to describe the assignment of a part of the unit
				valuation to Montana.
(3)
				"Apportionment" is the term used to describe the assignment of an allocated
				valuation to the proper taxing jurisdiction in this state.
(4) "Beneficial use" as it relates to
				electric energy producers is defined as the use of tax exempt power
				transmission lines having a capacity of at least 500 kv. for bulk power
				transfers.
(5) "Book depreciation"
				shall be determined by the department by using information that most accurately
				reflects the depreciation cost of the Montana property being assessed. This
				information may be gathered from documentation such as regulatory filings,
				independently audited financial statements, or other reliable and recognized
				sources.
(6) "Bulk power transfers"
				means transfers made by taxable electrical energy producers.
(7) "Correlate" as used in the unit method of
				valuation, is the blending of the indicator(s) of value that are available to
				the appraiser into one unit value with no specific weight applied to any
				indicator.
(8) "Depreciation," when
				used in the unit method of valuation, shall represent a reduction in value of a
				property as a result of physical deterioration. In addition it may represent an
				increase or decrease in value resulting from economic conditions or changes in
				utility.
(9) "Equivalent car count"
				is equal to the total number of miles a railcar travels in Montana annually,
				divided by the product of Montana miles per day, multiplied by the number of
				days in a year.
(10) "Installed
				cost" is the original cost of operating property adjusted for any additions,
				changes, transfers, retirements, etc., excluding depreciation.
(11) "Market value" is the exchange value of
				a property in a competitive market.
(12) "Montana miles per day" equals the
				following for tax year 2004 and subsequent tax years:
(a) for flat, box, gondola, and coal gondola
				railcars, when reported by specific railcar type, 450 miles;
(b) for all other railcars, 250 miles;
				or
(c) the number established by
				means of a speed study as described in (25).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.102 - CENTRALLY ASSESSED PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall centrally assess the interstate and inter-county continuous
				properties of the following types of companies:
(a) railroad;
(b) railroad car;
(c) microwave;
(d) telecommunications;
(e) telephone cooperatives;
(f) gas;
(g) electric;
(h) electric cooperatives;
(i) ditch;
(j) canal;
(k) flume;
(l) natural gas pipeline;
(m) oil pipeline; and
(n) airline.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.103 - DETERMINATION OF OPERATING AND NONOPERATING PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) To determine if a property is operating
				property, the department shall consider the use to which the property is
				put.
(2) Right-of-way or station
				grounds leased to others, except land leased to others for public grain
				elevator sites, cultivation, pasturage, public roads, parks, pole lines,
				pipelines, and microwave sites, will be considered nonoperating property and
				must be reported to the department by March 1 of each year.
15-23-108, MCA; IMP, Title 15,
					 chapter 23, part 1, MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.104 - TREATMENT OF MOTOR VEHICLES AND SPECIAL MOBILE EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Special mobile
				equipment excluded from the definition of situs property as defined in ARM
				42.22.101 is to be locally
				assessed.
(2) Motor vehicles with
				or without equipment attached are exempt and shall pay a fee in lieu of tax,
				61-3-321 and
				61-3-529, MCA.
(3) Each centrally assessed company having
				equipment defined in (1) shall provide the department with a statement showing
				a description and the total market value for each piece of equipment. The
				market value shall be the value shown on the special mobile equipment
				registration, or other tax payment receipt.
(4) Companies that license fleet vehicles
				with the Montana motor carrier services (MCS) division will provide the net
				book value for each vehicle licensed by the MCS. This statement is to be filed
				at the same time the report required by ARM
				42.22.105 is filed.
(5) Each centrally assessed company having
				equipment defined in (2) , (3) , or (4) shall provide the department with the
				net book value for each piece of equipment as of January 1 each year. Companies
				with prorated vehicles shall provide the department with the total number of
				miles traveled in and out of the state of Montana , a description and the net
				book value for each vehicle.
(6)
				The department may, at any time, ask for verification of the reported
				equipment's registration from the county, other agencies, other states or the
				company. This verification may be, but is not limited to, supplying the
				department with copies of each vehicle's Montana registration form. Omission of
				any requested information may result in loss of or a partial deduction for the
				equipment.
(7) The total net book
				value for equipment defined in (2), (3), and (4) shall be deducted on a
				market-to-cost basis from the state-allocated value, as defined in ARM
				42.22.111. The market-to-book
				ratio shall be determined by dividing the system or unit market value by the
				system net book value .
(8) The
				total market value for equipment defined in (1) is deducted from the state
				allocated value, as defined in ARM 42.22.111, to determine the amount of the
				state allocated value to be allocated under the provisions of ARM
				42.22.122.
AUTH:
					 15-23-108, MCA; IMP:
					 61-3-321,
					 61-3-529,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.105 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each year all
				centrally assessed companies shall submit to the department a report of
				operations, called the Centrally Assessed Annual Reporting form, for the
				preceding year. Railroads, railroad car companies, and pipelines shall submit
				the report by April 15 and all others by March 31, on forms supplied by the
				department.
(2) If a centrally
				assessed company fails to file a report with the department the company will be
				subject to the penalties listed in
				15-23-104, MCA. Submission of an
				annual business property reporting form to a local department county office
				does not relieve the company of its requirement to file the Centrally Assessed
				Annual Reporting form to the centrally assessed unit located in Helena. In
				addition, if the department determines that a company is a centrally assessed
				company, that company must cease to file the annual business property reporting
				form to the department's local county office.
(a) Based on the appropriate statutory
				authority, the department shall determine if a company meets the requirements
				to be centrally assessed. If a company believes that the department has
				improperly determined that the company is centrally assessed, the company must
				still file the required Centrally Assessed Annual Reporting form, and if
				desired, appeal the department's centrally assessed determination to the
				appropriate venue.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.106 - ADDITIONAL REPORTING REQUIREMENTS FOR CENTRALLY ASSESSED RAILROADS

Current through Register Vol. 13, July 5, 2024
(1) Each year all centrally assessed
				railroads shall submit by April 15 (except that information required under ARM
				42.22.103 ) a report of operations
				for the preceding year containing, in addition to that information required by
				ARM 42.22.105, the following
				information and items:
(a) copies of all
				Montana valuation maps;
(b) copies
				of all Montana track charts;
(c) a
				statement setting forth by individual counties the total acreage of Montana
				real property and right-of-way;
(d)
				a statement of all agreements authorizing the longitudinal use of Montana
				right-of-way, including for each agreement the names of the parties to the
				agreement, a summary of its terms, the amounts paid thereunder, the
				longitudinal use contemplated, and the location and length of right-of-way
				covered;
(e) total miles traveled
				by each type of car for each railroad car company operating on track owned or
				used by the railroad in the state of Montana, and any additional information
				that may be required by the department for the valuation and allocation of the
				railroad car companies.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.107 - ADDITIONAL REPORTING REQUIREMENTS FOR BENEFICIAL USE OF GOVERNMENT OWNED TRANSMISSION LINES

Current through Register Vol. 13, July 5, 2024
(1) Qualifying
				companies shall provide to the department information on any possession or
				beneficial use of government-owned transmission lines, as referenced in
				15-23-101 and
				15-24-1207, MCA, during the
				preceding calendar year. The information shall be submitted beginning March 31,
				1984, and each year thereafter and shall include the following:
(a) the name and address of the person,
				association, or corporation;
(b)
				the location of the (tax-exempt property) trans-mission lines;
(c) original cost and accrued depreciation of
				the tax-exempt property;
(d) copies
				of all charges from the bonneville power administration for bulk power
				transfers;
(e) copies of contracts
				with the bonneville power administration for use of said line;
(f) any other information requested by the
				department which will assist in valuing the government owned electric
				transmission lines.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.108 - MARKET VALUE OF AIR AND WATER POLLUTION CONTROL AND CARBON CAPTURE EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) The market
				value of approved class five air and water pollution control and carbon capture
				equipment shall be determined by multiplying the depreciated value of the
				approved class five pollution control equipment in Montana by a market-to-book
				ratio. The market-to-book ratio shall be determined by dividing the system or
				unit market value by the system net book value . This value shall then be
				deducted from the Montana value and certified to the counties as class five
				property.
(2) This methodology
				shall be effective for all reporting years ending December 31, 1988 , and
				thereafter.
AUTH:
					 15-23-108, MCA; IMP:
					 15-6-135,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.109 - ADOPTION OF APPRAISAL METHODS AND APPRAISAL STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The department
				adopts the 2009 WSATA-CCAP (Western States Association of Tax Administrators -
				Committee on Centrally Assessed Properties) appraisal handbook, published in
				August 2009, available at wsata-ccap.org, as the reference and overall
				appraisal guide for conducting unit valuations of centrally assessed properties
				in Montana.
(2) The department
				adopts the NCUVS (National Conference of Unit Valuation States) standards,
				published in October 2005, available at
www.NCUVS.org
, link to "standards," as standards
				when conducting unit valuations of centrally assessed properties.
AUTH:
					 15-1-201, MCA; IMP:
					 15-8-101,
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.110 - DEDUCTIONS FOR INTANGIBLE PERSONAL PROPERTY

Current through Register Vol. 13, July 5, 2024
(1)
				Cost, income, and market indicators can generally be expected to include the
				value of intangible personal property. To the extent that each unit valuation
				indicator includes the value of intangible personal property it shall not be
				relied upon unless such value of the intangible personal property is excluded
				or removed.
(2) The department
				recognizes that the following percentages may not necessarily provide a
				taxpayer-specific measurement of intangible personal property. However,
				accurately quantifying the value of intangible personal property is difficult
				and subject to controversy and litigation which would not clarify the issues
				for future appraisals. The percentages are a good faith effort to comply with
				the rulemaking requirements of
				15-6-218, MCA, in a manner that is
				timely and efficient for both the taxpayers and the department.
(a) Subject to the provisions of (3),
				intangible personal property shall be removed from the cost indicator by using
				the following percentages:
(i) Airlines
				10%
(ii) Pipelines 5%
(iii) Electric cooperatives 5%
(iv) Telephone cooperatives 5%
(v) Electric utilities 10%
(vi) Telecommunications 15%
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.111 - VALUATION METHOD

Current through Register Vol. 13, July 5, 2024
(1) The unit method
				of valuation will be used to appraise centrally assessed companies whenever
				appropriate. When applying this method, the department will use commonly
				accepted methods and techniques of appraisal to determine market value. The
				application of the unit method may include a cost indicator, capitalized income
				indicator, and a market indicator of value when sufficient information is
				available. If the department determines that an individual indicator, the unit
				method of valuation or other method of valuation does not reflect a company's
				market value or that information is unavailable, it may adopt a different
				method or methods of valuation, including but not limited to net scrap, net
				salvage, corridor value in the case of railroads, comparative market sales, or
				any combination of methods of valuation which reflect the company's market
				value.
(2) When the unit method of
				valuation is used with multiple indices of value, they will be combined into
				one (system or unit) value. Combining of the indices shall require the
				department to review all available information including:
(a) reliability of the cost data;
(b) sufficiency of the depreciation
				allowed;
(c) frequency of full
				audit by a regulatory agency;
(d)
				quality of the income to be capitalized;
(e) level of income to be
				capitalized;
(f) accuracy of
				information used to set a capitalization rate;
(g) accounting principles used to report data
				from which the valuation is made;
(h) fluctuations in the stock
				market;
(i) methods used by other
				taxing authorities; and
(j) all
				other pertinent information.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.112 - COST INDICATOR

Current through Register Vol. 13, July 5, 2024
(1) The cost
				indicator of value shall be derived from information contained in the company's
				report to the department, report to a regulatory agency, property descriptions
				submitted to the department, and any other reliable source of information. This
				includes properties both within and without the state.
(2) The type of cost used may be one of the
				following:
(a) replacement;
(b) replacement less depreciation;
(c) reproduction;
(d) reproduction less depreciation;
(e) historical;
(f) historical less depreciation;
(g) original; and
(h) original less depreciation.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.113 - MARKET INDICATOR

Current through Register Vol. 13, July 5, 2024
(1) A market, or
				stock and debt indicator, of value may be derived from the company's
				outstanding securities and liabilities. The department may also construct a
				market indicator using sales comparison data for similar properties, or any
				analysis, study, database, or methodology which contains or generates market
				values or estimates of market values for similar properties.
(2) The department shall consider the market
				value of the company's preferred and common stocks, and outstanding debt. The
				sum of these items represent an indicator of market value for all the company's
				property. When the sum includes nonoperating property, the department will
				deduct the market value of the nonoperating property.
(3) If a company's stock is not traded in the
				market place, the department may use a price earnings ratio from similar
				companies or other appropriate methods.
15-23-108, MCA; IMP, Title 15,
					 chapter 12, part 1, MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.114 - INCOME INDICATOR

Current through Register Vol. 13, July 5, 2024
(1) The income
				indicator may be determined by consideration of one or more of the following
				methods depending on the department's analysis of the future earning capacity
				of the company:
(a) capitalization of the
				company's historic income or average of historic incomes;
(b) capitalization of a projected level of
				income;
(c) discounted cash flow
				analysis;
(d) other accepted
				method.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.115 - NOTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) On or before June 1 each year the
				department shall notify the centrally assessed companies of the appraisal
				report of their Montana properties.
(2) If additional time is needed for filing
				reports or preparing for hearings, the department must receive the request
				prior to the due date if the extension request is to be considered.
15-23-108, MCA; IMP,
					 15-23-102,
					 15-23-403,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.116 - DETERMINATION OF TAX RATE FOR CLASS TWELVE PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) To implement the statutory direction to
				compute an annualized tax rate for class twelve property, the department will
				employ the procedure outlined in this rule.
(2) The department will obtain the market and
				taxable value for all commercial, industrial and centrally assessed property
				from the department's computer data bases or other sources as necessary. A copy
				of this information is available to taxpayers upon request.
(3) Upon obtaining the information referred
				to in (2), the department will proceed to compute the tax rate reflected in
				15-6-145, MCA. It will employ the
				mathematical formula reflected in the statute.
(4) In the event that the required
				information is not available to the department, the taxable value for all
				commercial, industrial or centrally assessed property will be estimated.
(a) The department will use the reported
				market and taxable value for all commercial, industrial and centrally assessed
				property for the previous tax year in estimating the total market value and
				apply the current taxable percentage to arrive at the current taxable value of
				all commercial, industrial and centrally assessed property for the present tax
				year.
(b) This estimation may be
				challenged by the taxpayer in the event of litigation or in the event of an
				assessment appeal.
(c) If the
				department should estimate the class twelve tax rate pursuant to (4) (a), the
				department shall review the estimated tax rate by comparing it with the actual
				class twelve tax rate to be computed by the department no later than September
				1 of the present year. If the actual tax rate varies from the estimated tax
				rate by more than 5%, the department shall issue revised assessments to the
				affected property taxpayers pursuant to
				15-8-601, MCA.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.117 - METHODOLOGY FOR PREPARATION OF SALES ASSESSMENT RATIO STUDY

Current through Register Vol. 13, July 5, 2024
(1) In order to implement the statutory
				direction to prepare an annualized sales assessment ratio study of all
				commercial and industrial real property and improvements, each January 1, the
				department will employ the following methodology.
(2) The department will endeavor to follow
				the sales assessment ratio study principles set forth in a document en-titled
				Sales Assessment Ratio Study Preparation published by the international
				association of assessing officers. In the event that that publication is
				insufficient for purposes of the ratio study preparation, the department
				reserves the right to employ other statistically accepted methods for purposes
				of preparing the study.
(3) The
				department will rely upon the sales information which is reflected on realty
				transfer certificates filed pursuant to
				15-7-302, MCA, for purposes of a
				sales assessment ratio study. The sales for all commercial and industrial
				property shall be identified in the department's computer system.
(a) The department shall rely upon the
				expertise and the judgment of its various appraisers in order to determine
				whether a particular sale is suitable for inclusion in the study. That judgment
				is exercised when the appraiser checks the appropriate block on the realty
				transfer certificate reflecting that the sale is a valid sale.
(b) The department will rely upon the sales
				confirmation process which is set forth in the document entitled Sales
				Assessment Ratio Study Preparation.
(c) For purposes of the sales assessment
				ratio study, the department shall rely upon all valid realty transfer
				certificate sales information for the preceding calendar year.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.121 - ALLOCATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall allot that portion of a unit valuation to Montana which represents the
				state's proper share of the market value of a centrally assessed company's
				operating property. The procedures used to assign Montana's portion of the unit
				value will vary depending upon the availability of information and the type of
				company.
(2) Except for railroad
				operating property, Title 15, MCA, does not provide procedures for the
				allocation of unit value. Therefore, the department will use ratios that are
				readily available, accurate, and arrived at by exercise of sound judgment which
				reflect the relationship between the unit value and the value of Montana
				property.
(3) For the purpose of
				allocating the unit value, quantity, use, and productivity ratios may be
				applied. Following are examples of possible ratios the department may apply to
				allocate unit value to Montana. The following examples shall not be construed
				to prohibit the use of other factors in the allocation process:
(a) for airlines:
(i) western states association of tax
				administrators formula which separates mobile and terminal property for the
				purpose of allocation;
(ii)
				originating and terminating tons;
(iii) equated ground hours;
(iv) equated flight hours;
(v) revenue ton miles;
(vi) arrivals and departures;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.1 - Centrally Assessed Companies › Rule 42.22.122 - APPORTIONMENT PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Except for
				railroad car companies, the department shall apportion the Montana allocated
				value of centrally assessed companies to the taxing units.
(2) To determine the amount of value
				available for distribution to the taxing units, the department shall deduct the
				Montana situs property value from the state allocated value.
(a) The difference is apportioned to the
				taxing units as provided in (3).
(b) The Montana situs property value is
				apportioned to the taxing units as provided in (4).
(c) The Montana situs property value (MSPV)
				may be determined from the following equations:
(i) MSPV =
Installed cost
(Total unit value)
of Montana X Total installed cost of all
situs property operating property for the unit
(ii) MSPV =
Installed cost
(MT unit value)
of Montana X Total installed cost of MT
situs property operating property for the unit
(iii) MSPV =
MT unit value X
Total system situs costs
System total costs
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.2 - Wholesale Energy Transaction Tax › Rule 42.22.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this sub-chapter:
(1) "Electricity produced in the state for
				delivery outside of the state" as used in
				15-72-104, MCA, means electricity
				that is produced at an electrical generation facility in Montana, and delivered
				immediately and without interruption to entities beyond Montana borders via a
				transmission facility.
(2)
				"Electricity produced in the state for delivery within the state," means
				electricity that is not produced for delivery outside of the state.
Sec.
					 15-72-117, MCA; IMP, Sec.
					 15-72-104,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.2 - Wholesale Energy Transaction Tax › Rule 42.22.202 - WHOLESALE ENERGY TRANSACTION TAX - ASSESSMENT OF THE TAX

Current through Register Vol. 13, July 5, 2024
(1) A distribution services provider who
				purchases its electricity directly from an agency of the United States
				government will self-assess the tax on the kilowatt hours of electricity that
				it receives and will forward the tax to the department.
(2) In all other circumstances, the
				distribution services provider is the taxpayer and the transmission services
				provider shall collect the tax and forward it to the department.
Sec.
					 15-72-117, MCA; IMP, Sec.
					 15-72-105 and
					 15-72-106,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1101
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-501
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1102 - NET PROCEEDS TAX RETURN

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1102
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-502
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1103 - VALUATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1103
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-102 and
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1111 - TREATMENT OF ROYALTIES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1111
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-505 and
					 15-23-507
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1112 - EXPENSES RELATED TO MACHINERY

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1112
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1113 - LABOR COSTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1113
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;