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42.21.131    HEAVY EQUIPMENT

(1) The wholesale market value of heavy equipment shall be the quick sale as shown in the "Green Guide" and "Green Guide for Older Equipment" for the current year of assessment. This guide may be reviewed in the department or purchased from the publisher and is incorporated by reference: Dataquest, 1290 Ridder Park Drive, San Jose, California 95131.

(2) For all heavy equipment which cannot be valued under (1) , the department shall try to ascertain the original FOB through old heavy equipment valuation guidebooks. If an original FOB cannot be ascertained, the department may use trending to determine the FOB. The FOB or "trended" FOB will be used in conjunction with the depreciation schedule in (5) to arrive at a value which approximates wholesale value. The trend factors are the most recent available in the Marshall Valuation Service Manual for the year of assessment. The Marshall Valuation Service Manual published by Marshall and Swift Publication Company, 915 Wilshire Boulevard, 8th Floor, P.O. Box 26307, Los Angeles, California 90026-0307, is adopted by reference.

(3) For equipment that cannot be valued under (1) and (2) , the value for heavy equipment shall be ascertained by trending the quick sale as found in the guide in (1) , for the same make and model. The trend factors are the same as those mentioned in (2) .

(4) The wholesale market value of heavy equipment that cannot be valued under (1) , (2) , or (3) shall be the acquired cost, as certified by the owner or applicant to the department as applied to the depreciation schedule in (5) . The department may require proof from the taxpayer to certify the accuracy of the acquired cost.

(5) The trended depreciation schedule referred to in (2) , (3) , and (4) is listed below and shall be used for tax year 2007. The values derived through the use of these percentages approximate the "quick sale" values as calculated in the guidebooks listed in (1) .

HEAVY EQUIPMENT TRENDED DEPRECIATION SCHEDULE

TRENDED % GOOD

YEAR NEW/ACQUIRED

WHOLESALE

2007

80%

2006

65%

2005

58%

2004

54%

2003

49%

2002

44%

2001

40%

2000

36%

1999

32%

1998

31%

1997

29%

1996

28%

1995

27%

1994

26%

1993

26%

1992

25%

1991

24%

1990

24%

1989

23%

1988 and older

23%

(6) This rule is effective for tax years beginning after December 31, 2006, and applies to all heavy equipment.

History: 15-1-201, 15 MCA; IMP, 15-6-135, 15-6-138, 15-6-207, 15-6-219, 15-24-921, 15-24-922, 15-24-925, MCA; Eff. 12/31/72; AMD, Eff. 1/5/74; AMD, 1980 MAR p. 1727, Eff. 6/27/80; AMD, 1981 MAR p. 93, Eff. 1/30/81; AMD, 1982 MAR p. 102, Eff. 1/29/82; AMD, 1982 MAR p. 2153, Eff. 12/17/82; AMD, 1983 MAR p. 1266, Eff. 9/16/83; AMD, 1986 MAR p. 2068, Eff. 12/27/86; AMD, 1988 MAR p. 747, Eff. 4/15/88; AMD, 1989 MAR p. 613, Eff. 5/12/89; AMD, 1991 MAR p. 915, Eff. 6/14/91; AMD, 1991 MAR p. 2043, Eff. 11/1/91; AMD, 1992 MAR p. 2394, Eff. 10/30/92; AMD, 1993 MAR p. 2972, Eff. 12/10/93; AMD, 1994 MAR p. 3195, Eff. 12/23/94; AMD, 1996 MAR p. 1174, Eff. 4/26/96; AMD, 1996 MAR p. 3151, Eff. 12/6/96; AMD, 1997 MAR p. 2297, Eff. 12/16/97; AMD, 1998 MAR p. 3316, Eff. 12/18/98; AMD, 1999 MAR p. 2909, Eff. 12/17/99; AMD, 2000 MAR p. 3563, Eff. 12/22/00; AMD, 2001 MAR p. 2249, Eff. 11/9/01; AMD, 2002 MAR p. 3728, Eff. 12/27/02; AMD, 2003 MAR p. 2901, Eff. 12/25/03; AMD, 2004 MAR p. 2603, Eff. 10/22/04; AMD, 2005 MAR p. 2262, Eff. 11/11/05; AMD, 2006 MAR p. 2979, Eff. 12/8/06.

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