Reporting of property.

20LSO-0089
2020
STATE OF WYOMING
20LSO-0089
Introduced
2.0

SENATE FILE NO. SF0030

Reporting of property.

Sponsored by: Joint Revenue Interim Committee

A BILL

for

AN ACT relating to property taxes; revising the penalty for failing to report business property to the county assessor; requiring the department of audit to collect information during audits as specified; providing fees for nonreported and omitted business property; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 18
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3
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205(b), 39
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11
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108, 39
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13
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107(a)(i) and 39
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13
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108(c)(ii) by creating a new subparagraph (D) are amended to read:

18
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3
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205.

Interfering with assessor; failure to report property; penalties.

(b)

Any person who fails to
return any taxable property owned by him or under his control is guilty of a misdemeanor and upon conviction shall be fined not exceeding
report business property as provided in W.S. 39
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13
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107(a)(i) may be assessed a fee of ten dollars ($10.00) for every day the report is not filed, not to exceed
five hundred dollars ($500.00)
.
, imprisoned in the county jail not exceeding ninety (90) days, or both

Civil fees under this subsection shall be added to the assessment for that taxpayer and shall be credited to the general fund of the county that collects the fees
.

39
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11
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108.

Enforcement.

There are no specific applicable provisions for enforcement for
Audits. In the course of any audit of a taxpayer under
this chapter
or chapter 13, 14, 15 or 16 of this title, the department of audit shall obtain a complete and detailed statement of the business property owned by or subject to
the control of the taxpayer as provided by W.S. 39
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13
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107(a)(i) and shall provide a copy of the statement to the county assessor of the county where the property is located.

39
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13
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107.

Compliance; collection procedures.

(a)

Returns and reports. The following shall apply:

(i)

Except as provided by chapter 14 of this title or paragraph (ii) of this subsection, annually, commencing on January 1, the county assessor or deputy assessors as provided by W.S. 18
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3
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107(e) shall obtain from each property owner or person having control of taxable property in the assessment district for which they were appointed, a full, complete and detailed statement of the amount of the taxable property owned by or subject to the control of the property owner. If a property owner fails to provide a listing of
personal
business
property owned by him or under his control by March 1, unless an extension is granted from the assessor in writing, the assessor shall issue an assessment of personal property from the best
information available. The county assessor shall extend the date for listing
personal
business
property from March 1 to April 1 upon written request of the property owner provided the written request is made not later than February 15.
As used in this paragraph, "business property" means taxable personal property and shall exclude any property that is exempt under W.S. 39
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11
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105(a)(xi) as personal property held for personal or family use.
The county assessor or his deputies or any representative of the department may examine any property. The county assessor or his deputies shall enter the fair market value of the property for taxation on the assessment roll. The owner, or his agent, shall make and subscribe the following oath:

I, ...., the owner of (or agent, etc., as the case may be) do solemnly swear (or affirm) that the above and foregoing listed property is a full, true, correct and complete list of all property owned by me or under my control as agent or otherwise, and that I have not failed or neglected to list for taxation for the year ...., all property of which I am the owner or of which I have control as agent, guardian, administrator or otherwise, in the
county of ...., State of Wyoming, and that I have not connived at any violation or evasion of the requirements of law in relation to the assessment of property for taxation.;

39
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13
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108.

Enforcement.

(c)

Offenses and penalties. The following shall apply:

(ii)

Penalties. The following shall apply:

(D)

If any person knowingly omits business property from the report required by W.S. 39
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107(a)(i), the county assessor may impose a fee not to exceed a total of twenty
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five percent (25%) of the tax owed on the omitted property. The county assessor may waive the fee under this subparagraph for good cause. Fees imposed under this subparagraph may be appealed to the county board of equalization. Civil fees collected under this subparagraph shall be credited to the general fund of the county that collects the fees.

Section 2
.

This act is effective July 1, 2020
.

(END)

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SF0030