Section 9-700. GENERAL PROVISIONS

 

700.1The provisions of this chapter shall govern the filing of personal property tax returns and the payment of the personal property tax in the District of Columbia.

 

700.2For the purposes of this section, the words, terms and phrases defined in § 2 of the Act shall have the same meanings when used in this chapter.

 

700.3For purposes of this section, the following words shall have the meanings set forth in this subsection:

 

(a) "Actual cost" means cash price or its equivalent value plus all other costs (including installation and delivery) necessary to make an asset ready for intended use. The actual cost shall not include trade-in allowance;

 

(b) "Assessment date" means July 1st;

 

(c) "Office" means the Office of Tax and Revenue;

 

(d) "Fiduciary" means a trustee, guardian, executor, administrator or receiver;

 

(e) "Leasehold improvements" means additions or improvements made to the property at the expense of the lessor or lessee;

 

(f) "Material injury" means serious physical damage or substantial degree of damage to the property which renders it to be nonfunctional;

 

(g) "Original cost" with respect to any item of personal property means as follows:

 

(1) In the case of acquisition by purchase, the actual cost of acquiring the property to the purchaser;

 

(2) In the case of tangible personal property fabricated and erected by the taxpayer for its own use, original cost includes in addition to the cost of any goods which become a part of the finished property, all direct and indirect costs of engineering, design, construction and erection;

 

(3) In the case of acquisition by an exchange of property, the fair market value of the property given in exchange or, if such property has no market value, the original cost of the property given in exchange;

 

(4) In the case of property acquired from a decedent's estate, the fair market value of the property at the time of the decedent's death;

 

(5) In the case of property acquired as a gift for no consideration, the original cost to the last owner of the property who acquired it for a consideration; and

 

(6) In the case of sale of the business, the fair market value of the property at the time of the sale;

 

(h) "Semipublic institution" means any corporation and any community chest, fund, or foundation, organized exclusively for religious, scientific, charitable, or educational purposes, including hospitals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; and

 

(i) "Taxable situs" means the physical location of the personal property.

 

700.4The obligation to file a return shall not be diminished or affected by the failure of the Office to deliver or mail forms to a taxpayer. It is the responsibility of the taxpayer to obtain forms from the Office and file a timely return.

 

700.5Any person filing an application for extension of time to file a personal property tax return shall attach a copy of the application to the return when filed.

 

700.6When filing a written request for a hearing in response to the notice of tax deficiency, the taxpayer shall make a statement as to the issues in dispute and submit the laws, regulations, and facts in support of the taxpayer's contentions on the disputed issues.

 

authority

Unless otherwise noted, the authority for this chapter is the Personal Property Tax Amendment Act of 1986, effective February 28, 1987, D.C. Law 6-212, D.C. Code 47-1521 et seq. (1981 Ed.).

source

Final Rulemaking published at 35 DCR 6014 (August 5, 1988).

EditorNote

Prior to August 5 1988. the Department of Finance and Revenue published Final Rulemaking notice at 22 DCR 4445 (February 17, 1976).The Office of the Chief Financial Officer of the District of Columbia published a Notice of Public Interest at 44 DCR 2345 (April 18, 1997) changing the name of the "Department of Finance and Revenue" to the "Office of Tax and Revenue."