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§44-3-9  Exemption or stabilizing of taxes on property used for manufacturing, commercial, or residential purposes. –


Published: 2015

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TITLE 44

Taxation

CHAPTER 44-3

Property Subject to Taxation

SECTION 44-3-9



   § 44-3-9  Exemption or stabilizing of taxes

on property used for manufacturing, commercial, or residential purposes. –

(a)(1) Except as provided in this section, the electors of any city or town

qualified to vote on a proposition to appropriate money or impose a tax when

legally assembled, may vote to authorize the city or town council, for a period

not exceeding twenty (20) years, and subject to the conditions as provided in

this section, to exempt from payment, in whole or in part, real and personal

property which has undergone environmental remediation, is historically

preserved, or is used for affordable housing, manufacturing, commercial, or

residential purposes, or to determine a stabilized amount of taxes to be paid

on account of the property, notwithstanding the valuation of the property or

the rate of tax; provided, that after public hearings, at least ten (10) days'

notice of which shall be given in a newspaper having a general circulation in

the city or town, the city or town council determines that:



   (i) Granting of the exemption or stabilization will inure to

the benefit of the city or town by reason of:



   (A) The willingness of the manufacturing or commercial

concern to locate in the city or town, or of individuals to reside in such an

area; or



   (B) The willingness of a manufacturing firm to expand

facilities with an increase in employment or the willingness of a commercial or

manufacturing concern to retain or expand its facility in the city or town and

not substantially reduce its work force in the city or town; or



   (C) An improvement of the physical plant of the city or town

which will result in a long-term economic benefit to the city or town and

state; or



   (D) An improvement which converts or makes available land or

facility that would otherwise be not developable or difficult to develop

without substantial environmental remediation; or



   (ii) Granting of the exemption or stabilization of taxes will

inure to the benefit of the city or town by reason of the willingness of a

manufacturing or commercial or residential firm or property owner to construct

new or to replace, reconstruct, convert, expand, retain or remodel existing

buildings, facilities, machinery, or equipment with modern buildings,

facilities, fixtures, machinery, or equipment resulting in an increase or

maintenance in plant, residential housing or commercial building investment by

the firm or property owned in the city or town;



   (2) Provided that should the city or town council make the

determination in subparagraph (1)(i)(B) of this subsection, any exemption or

stabilization may be granted as to new buildings, fixtures, machinery, or

equipment for new buildings, firms or expansions, and may be granted as to

existing buildings, fixtures, machinery and equipment for existing employers in

the city or town.



   (b) Cities shall have the same authority as is granted to

towns except that authority granted to the qualified electors of a town and to

town councils shall be exercised in the case of a city by the city council.



   (c) For purposes of this section, "property used for

commercial purposes" means any building or structures used essentially for

offices or commercial enterprises.



   (d) Except as provided in this section, property, the payment

of taxes on which has been so exempted or which is subject to the payment of a

stabilized amount of taxes, shall not, during the period for which the

exemption or stabilization of the amount of taxes is granted, be further liable

to taxation by the city or town in which the property is located so long as the

property is used for the manufacturing or commercial, or residential purposes

for which the exemption or stabilized amount of taxes was made.



   (e) Notwithstanding any vote of the qualified electors of a

town and findings of a town council or of any vote and findings by a city

council, the property shall be assessed for and shall pay that portion of the

tax, if any, assessed by the city or town in which the real or personal

property is located, for the purpose of paying the indebtedness of the city or

town and the indebtedness of the state or any political subdivision of the

state to the extent assessed upon or apportioned to the city or town, and the

interest on the indebtedness, and for appropriation to any sinking fund of the

city or town, which portion of the tax shall be paid in full, and the taxes so

assessed and collected shall be kept in a separate account and used only for

that purpose.



   (f) Nothing in this section shall be deemed to permit the

exemption or stabilization provided in this section for any manufacturing or

commercial concern relocating from one city or town within the state of Rhode

Island to another.



History of Section.

(G.L. 1896, ch. 44, §§ 4, 5; G.L. 1909, ch. 56, §§ 4, 5;

P.L. 1916, ch. 1376, § 1; G.L. 1923, ch. 58, §§ 4, 5; G.L. 1938,

ch. 29, §§ 4, 5; G.L. 1956, § 44-3-9; P.L. 1962, ch. 135, §

1; P.L. 1965, ch. 37, § 1; P.L. 1966, ch. 53, § 1; P.L. 1994, ch.

402, § 1; P.L. 1996, ch. 257, § 1; P.L. 1996, ch. 293, § 1; P.L.

1998, ch. 106, § 1; P.L. 2006, ch. 347, § 3; P.L. 2006, ch. 466,

§ 3.)