BEFORE THE DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 42.21.154, 42.21.155, 42.21.158, and 42.22.1311 pertaining to trended depreciation schedules for valuing personal property

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AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

1. On October 18, 2019, the Department of Revenue (department) published MAR Notice No. 42-1007 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1838 of the 2019 Montana Administrative Register, Issue Number 20. The department held the required public hearing on November 13, 2019. No proponents were present, no proponent oral testimony was received, and the department received no written comments in support. Bob Story of the Montana Taxpayer's Association appeared as the only opponent to the rulemaking and provided oral and written comments. A written comment was also received by the department from state Representative Llew Jones, which the department answered directly to Representative Jones.

 

2. Upon additional review of the Proposed 2020 Personal Property Depreciation Schedules and Trend Tables publication, the department has identified errors in the Industrial Machinery and Equipment Trend Table Lookup located on page 18 of the publication.  The errors for 11 of the industry descriptions were made when the expected life values were entered while reformatting the lookup table for the web version of the 2019 Personal Property Depreciation Schedules and Trend Tables publication. The correct expected life values for the 11 industry descriptions were correctly provided in ARM 42.22.1311 and in the computer assisted mass appraisal (CAMA) system used for the 2019 personal property valuation cycle.  

The proposed life expectancy revisions to the Industrial Machinery and Equipment Trend Table Lookup will result in no changes in how these types of equipment were valued in prior years.

Based on the discovery of these errors, it is necessary for the department to post a Revised Proposed 2020 Personal Property Depreciation Schedules and Trend Tables publication on the department's internet website at http://www.mtrevenue.gov, which illustrates the corrections to the above-described table.

The department is extending the comment period for this proposed rulemaking in accordance with 2-4-305, MCA, as described in paragraph 5. All other rule amendments contained in the original MAR notice described in paragraph 1 remain as proposed.

 

3.  The Department of Revenue will make reasonable accommodations for persons with disabilities who need an alternative accessible format of this notice. If you require an accommodation, please advise the department of the nature of the accommodation needed, no later than 5 p.m. on January 3, 2020. Please contact Todd Olson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or [email protected].

 

4. No additional public hearing will be held to consider this amended proposal notice.

 

5.  Concerned persons may submit their data, views, or arguments in writing concerning the proposed rulemaking to: Todd Olson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail [email protected] and must be received no later than January 10, 2020.

 

 

/s/ Todd Olson                                              /s/ Gene Walborn                                        

Todd Olson                                                   Gene Walborn

Rule Reviewer                                              Director of Revenue

 

Certified to the Secretary of State December 17, 2019.