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FY2015-11 Amending Various Sections in theTitle 3 Revenue and Finance Chapter 3.40 Personal Property Tax I Introduced by: Borough Assembly Requested by: Borough Manager 2 Drafted by: Borough Assessor 3 Introduced: 04/16/2015 4 Public Hearing: 05/07/2015 Postponed: 05/21/2015 5 Adopted: 08/20/2015 6 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2015-11 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 12 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3 13 REVENUE AND FINANCE CHAPTER 3.40 PERSONAL 14 PROPERTY TAX 15 16 WHEREAS, AS 29.45.050 (b) (2) allows a municipality to classify as to type and exempt or 17 partially exempt some or all types of personal property from ad valorem taxes; and 18 19 WHEREAS, KIBC 3.40.070 was written with the intention of taxing boats and vessels at a 20 rate determined annually by the assembly during the budget adoption process for boats with 21 an overall length longer than 20 feet, measured bow to stern, rather than on an ad valorem 22 basis; and 23 24 WHEREAS, the current tax rate on boats and vessels is $1 per foot with boats that are 25 equal to or less than 20 feet long exempt from tax; and 26 27 WHEREAS, the current tax rate of $1 per foot does not provide enough funds to make the 28 administration and maintenance of these accounts cost effective for the borough; and 29 30 WHEREAS, the borough collects both raw fish tax and severance tax from the fishing fleet; 31 and 32 33 WHEREAS, it is the intent of the Kodiak Island Borough Assembly to exempt boats and 34 vessels used for commercial purposes from property tax. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT: 38 39 Section 1: This ordinance is of a general and permanent nature and shall become a part of 40 the Kodiak Island Borough Cade of Ordinances. 41 42 Section 2: Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax is hereby 43 amended as follows: 44 Kodiak Island Borough, Alaska Ordinance No. FY2015-11 Page 1 of 6 45 Sections: 46 3.40.090 Property subject to taxation. 47 3.40.020 Exemptions. 48 3.40.030 Assessment return. 49 3.40.040 Tax situs of personal property. 50 3.40.050 Liability for and collection of personal property taxes. 51 3.40.060 Penalties and interest. 52 3.4 Q.0-7 Q Gla!36ifiGatoen of beats, and vessels 53 3.40.09970 Classification of aircraft. 54 55 * For statutory provisions granting the power to assess and collect taxes, see AS 29.35.170; 56 for provisions governing municipal assessment and taxation generally, see AS 29.45. 57 58 Prior legislation: Code 1974 §§ 3.24.060, 3.24.070, 3.24.080 and 3.24.090 and Ords. 83-53- 59 0, 84-25-0, 96-21 and 2007-16. 60 61 3.40.010 Property subject to taxation. 62 A. Tangible personal property with a tax situs within the borough is subject to taxation, except 63 where otherwise exempted by borough ordinance or state statute. Tangible personal property 64 includes all personal property including, but not limited to, furniture, furnishings, fixtures, 65 machinery, equipment used by a business, stock animals, watercraft, aircraft, tools, dies, jigs, 66 patterns and stock used in trade (including inventories, supplies, materials in process, and 67 other similar items). 68 B. All private interests in personal property which is otherwise exempt due to ownership by 69 the federal government, state, borough, other state municipal subdivision or other tax-exempt 70 entity is taxable under this code to the extent of that interest. [Ord. FY2014-10 §11, 2014; 71 Ord. FY2011-07 §2, 2010]. 72 73 3.40.024 Exemptions. 74 A. Individual personal property utilized solely and exclusively for personal, nonbusiness, 75 noncommercial, nonagricultural and nonincome producing uses or purposes is exempt from 76 taxation under this chapter. This includes aircraft, boats and vessels used for nonbusiness, 77 nonagricultural, noncommercial and nonincome producing purposes. 78 B. A taxpayer who files a timely business property return with the assessor shall be exempted 79 the first $20,000 of assessed value of business personal property. For a taxpayer with more 80 than one business personal property tax account, the $20,000 exemption shall be distributed 81 pro rata among all of the taxpayer accounts, based on the proportion of the assessed value in 82 each account to the total assessed value of that taxpayer's business personal property. 83 C. Pursuant to AS 29.45.050(b)(2), the inventories of businesses possessing a valid business 84 license from the state of Alaska are exempt from the tax imposed by this chapter. As used 85 herein, "inventories" means personal property in the hands of a retail or wholesale merchant 86 held for sale or personal property held in the form of raw materials or component parts for the 87 manufacture or production of goods. Kodiak Island Borough, Alaska Ordinance No. 015-11 Page 2 of 88 D. Pursuant to AS 29.45.050(b)(2), boats and vessels used for commercial purposes 89 such as commercial fishing, charter boat fishing, or freight hauling, and fishing gear 90 (i.e., nets, seines, crab pots, long lines, trawls) and any or all associated paraphernalia 91 utilized for commercial fishing is exempt from property tax. [Ord. FY2014-10 §12, 2014; 92 amended during 7111 supplement; Ord. FY2011-07 §2, 2010]. 93 94 3.40.030 Assessment return. 95 A. Every person with ownership in taxable personal property shall submit to the borough 96 assessor a personal property return of any property owned by him, or in which he has an 97 interest, and of the property held or controlled by him in a representative capacity, in the 98 manner prescribed, which return shall be based on property values existing as of the first day 99 of January of the year for which the return is made. The person making the return in every 100 case shall state an address to which all notices required to be given to him under this section 101 may be mailed or delivered. The return shall show the nature; quantity; description, including 102 date of manufacture; amount; value; purchase price, new or used; depreciable basis; and 103 current condition of all personal property, the place where the property is situated, and said 104 return shall be in such form and include such additional information as the assessor may 105 prescribe, and shall be signed and verified under oath by the person liable, or his or its 106 authorized agent or representative. 107 B. Said return shall be filed on or before the fifteenth day of January of each tax year, unless 108 the property owner requests, and the assessor approves, an extension that may not exceed 109 30 days. The extension must be requested prior to the January 15th due date. 110 C. The borough assessor may, by notice in writing to any person by whom a return has been 111 made, require from him a further return containing additional details and more explicit 112 particulars and, upon receipt of the notice, that person shall comply fully with its requirements 113 within 30 days. 114 D. In the event of any person failing, refusing, or neglecting to make or file said personal 115 property return of property owned by him, as required herein, the assessor shall make an 116 assessment which shall be as fair and equitable as he is able to make from the best 117 information in his possession concerning said property and this assessment shall be prima 118 facie evidence for all legal purposes and any related proceedings. (AS 29.45.130(a)) [Ord. 119 FY2014-10 §13, 2014; Ord. FY2011-07 §2, 2010; Ord. FY2011-05 §2, 2010; Ord. 92-25 §2, 120 1992; prior code Ch. 3 subch. 2 §1. Formerly §3.40.010. Code 1974 §3.24.010]. 121 122 3.40.040 Tax situs of personal property. 123 A. The tax situs of personal property is presumed to be the Kodiak Island Borough if: 124 1. It is located within the borough on January 1st of the assessment year, and has been 125 located in the borough for more than a temporary period in the year prior to January; or 126 2. It is normally located within the borough, even though it is outside the borough on 127 January 1st of the assessment year, if it is located outside the borough for only a 128 temporary period of time during the year prior to January 1 st of the assessment year; or 129 3. It is not located in the borough on January 1st, but has been kept or used within the 130 borough for any 60 days during the year preceding the January 1 st assessment date; or Kodiak Island Borough, Alaska Ordinance No. FY2015-11 Page 3 of 6 0 131 4. It normally is returned to the borough between uses elsewhere, and is not located in 132 any one place for more than a temporary period. 133 B. For purposes of this code, "temporary period" is defined as 60 days. [Ord. FY2014-10 §14, 134 2014; Ord. FY2011-07 §2, 2010; Ord. 85-12-0 §1, 1985. Formerly §3.40.015. Code 1974 135 §3.24.015]. 136 137 3.40.050 Liability for and collection of personal property taxes. 138 A. The owner of personal property assessed is personally liable for the amount of taxes 139 assessed against the property. The tax, together with penalty and interest, may be collected 140 in a personal action brought in the name of the borough. 141 B. If the tax on personal property is not paid when due, the borough may, in addition to other 142 remedies available, enforce the tax lien by distraint and sale of the property after first making 143 demand of the person assessed for the amount of the tax, penalty, and interest. The demand 144 shall be in writing addressed to the person whose name appears on the last assessment roll 145 as the owner of the property, describing the personal property assessed and the amount of 146 the tax, penalty, and interest and demanding that the total be paid within 10 days after service 147 of the demand personally or by registered mail. 148 C. If the tax has not been paid after the expiration of 10 days from service of demand, the 149 clerk may issue a warrant directing a peace officer to seize the personal property for which 150 the tax was levied and to sell it at public auction after at least 15 days' notice of the sale by 151 posting and publication. If the proceeds from the property sold are not sufficient to satisfy the 152 tax, penalty, interest and costs of sale, the warrant may authorize the seizure of other 153 personal property sufficient to satisfy the tax, penalty, interest, and costs of sale. 154 D. The borough has the right to seek payment of any unpaid portion of the tax, penalty and 155 interest by all methods available under law. [Ord. FY2014-10 §15, 2014; Ord. FY2011-07 §2, 156 2010; Ord. 74-12-0 §1, 1974; prior code Ch. 3 subch. 2 §2. Formerly §3.40.020. Code 1974 157 §3.24.0201. 158 159 3.40.060 Penalties and interest. 160 A. A person who files a completed return after the filing deadline, but before the mailing of the 161 assessment notices shall, in addition to other penalties provided by law, be liable for a penalty 162 of five percent of the tax assessed against said personal property for that tax year. 163 B. A person who, either for himself or as agent for another, or as agent, officer, or manager of 164 a corporation, fails to file a return as required by this code prior to February 28th of the current 165 assessment year shall be fined a penalty in the amount of$300.00. 166 C. A person who, either on his own behalf, as agent for another, or as the agent, officer, or 167 manager of a corporation, knowingly makes a false statement, return or list required by this 168 section relating to the amount, kind, or value of personal property subject to taxation by the 169 borough with intent to avoid or evade the assessment on taxation of the property, or part of it, 170 is guilty of a violation of this chapter, and this action is punishable by a fine of $1,000. (AS 171 29.45.140). [Ord. FY2014-10 §16, 2014; Ord. FY2011-07 §2, 2010; Ord. 93-36 §4, 1993; Ord. 172 92-25 §2, 1992; Ord. 74-8-0 §3, 1974; Ord. 694-0 §1, 1969; Ord. 67-11-0 §1, 1967; prior 173 code Ch. 3 subch. 2 §3. Formerly §3.40.030. Code 1974 §3.24.0301. 174 ° Kodiak Island Borough, Alaska Ordinance No. FY2015-11 Page 4of6 0 175 . 176 , beats and vessels are rlassified fGF PUFPeses of taxatieR as I77 speGial GategeFy and shall be taxed at the Fate deteFmined annually by thn nrAP-mbly dUFing 178 tale-bu d er than 20 feet, �mews re1.1 179 ; 180 §2, 2006; Ord. 85 2- nQFd. 81-50-0—§1, 1984. PeFFnefly§a.4n 050 Gede 1074 181 §3.24.050]. 182 182 183 3.40.08070 Classification of aircraft. 184 A. Pursuant to AS 29.45.050(b)(2), for purposes of taxation, commercial aircraft that have 185 been issued an N number by the Federal Aviation Administration ("FAA") by January 1st of 186 the tax year and are less than 12,500 pounds takeoff weight shall be totally exempted from ad 187 valorem taxes and shall be taxed at the rate determined annually by the assembly during the 188 budget adoption process. 189 B. The owner of record of an aircraft that has been dismantled, destroyed or crashed and the 190 FAA N number has been retained by the aircraft's owner of record may submit to the 19I assessor proof of condition that would allow for taxation of that aircraft, if approved by the 192 assessor, at a rate determined by the assembly during the budget adoption process. Aircraft 193 for which such registration or licensing has lapsed or that has not passed the annual 194 inspection required by the FAA shall not qualify on this basis alone for ad valorem taxation 195 unless it has been dismantled, destroyed or crashed. 196 C. Commercial aircraft with a gross takeoff weight of more than 12,500 pounds shall be taxed 197 on an ad valorem basis and in accordance with the Kodiak Island Borough landing schedule 198 formula. The KIB landing schedule formula provides for the prorated calculation of scheduled 199 aircraft by dividing the total hours in a year into the total time aircraft operated by a scheduled 200 carrier are in the Kodiak Island Borough, and multiplying the result by the assessed value of 201 each aircraft. 202 D. Definitions. For purposes of this section: 203 "Aircraft" means any engine powered contrivance invented, used, or designed to navigate, or 204 fly in, the air and that is capable of being manned and is required by the FAA to be registered 205 and certified in order to be manned. 206 "Commercial aircraft" means any aircraft transporting passengers and/or cargo or is employed 207 for fish spotting, agricultural, aquacultural or other purposes for some payment, or other 208 consideration, including money or services rendered. 209 "Crashed" means aircraft for which only parts remain that, due to their condition, can no 210 longer be assembled to create any contrivable aircraft. This shall be evidenced by an FAA 211 accident report and/or copy of an insurance claim that determines the aircraft to be a total 212 loss. 213 "Destroyed" means aircraft that have been damaged by age, weather, neglect and/or external 214 influences outside the owner's control, and only unusable parts remain that, due to their 215 condition, can no longer be assembled to create any contrivable aircraft. This shall be 216 evidenced by photographs and a physical inspection by the borough assessing staff appraiser 21'7 if deemed necessary by the borough assessor. Kodiak Island Borough, Alaska Ordinance No, FY2015-11 Page 5 of 6 218 "Dismantled" means aircraft that have been voluntarily disassembled and only parts remain 219 that can no longer be assembled to create any contrivable aircraft. Evidence such as 220 photographs and a physical inspection by the borough assessing staff appraiser shall be 221 provided or allowed if deemed necessary by the borough assessor. 222 E. An aircraft owner may appeal the determination of the borough assessor under 223 subsections B and C of this section using the same procedures for appeal of real and 224 personal property assessments as set out in KIBC 3.35.040(C)(3) and 3.35.050(C). [Ord. 225 FY2011-07 §2, 2010]. 226 227 Section 3: This ordinance shall take effect on January 1, 2016. 228 229 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 230 THIS TWENTIETH DAY OF AUGUST, 2015 231 KODIAK ISLAND BOROUGH 233 ,. 234 235 rrol Friend, orough Mayor 236 237 ATTEST: 238 239 240 L4A 241 Nova M. Javier, MMC, 4rough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2015-11 Page 6 of 6