DRAFT Broadband Exemption

Revenue Department[701]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 427.1(40), the Department of Revenue hereby gives Notice of Intended Action to amend Chapter 80, “Property Tax Credits and Exemptions,” Iowa Administrative Code.

The subject matter of new rule 701—80.31 (427) is the broadband infrastructure property tax exemption.  The rule is intended to implement Iowa Code section 427.1, subsection 40 (2016) which allows a property tax exemption for the installation of broadband infrastructure that meet certain requirements.

Any interested person may make written suggestions or comments on these proposed amendments on or before March 22, 2016.   Such written comments should be directed to the Policy Section, Policy and Communications Division, Department of Revenue, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.   Persons who want to convey their views orally should contact the Policy Section, Policy and Communications Division, Department of Revenue at (515) 218-8450 or at the Department of Revenue offices on the fourth floor of the Hoover State Office Building.

A public hearing will be held on March 22, 2016 from XX:00am to XX:00am in the Wallace Building, First Floor Auditorium, 502 E. 9^th Street, Des Moines, Iowa 50319, at which time persons may present their views either orally or in writing.  At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

The Department finds that the property tax exemption for broadband infrastructure will reduce local property tax revenues beginning in fiscal year 2018 when the exemptions granted in the first assessment year take effect.

Any person who believes that the application of the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

After analysis and review of this rule making, no adverse impact on jobs has been found.

This amendment is intended to implement 427.1.

The following amendments are proposed.

Item 1.  Adopt the following new rule(s) 701—80.31(427):

701—80.31(427) Broadband infrastructure. 

80.31(1) Definitions. For purposes of this rule, the following definitions shall govern.

“Broadband” means a high-speed, high-capacity electronic transmission medium, including fixed wireless and mobile wireless mediums, that can carry data signals from independent network sources by establishing different bandwidth channels and that is commonly used to deliver internet services to the public.

“Broadband infrastructure” means the physical infrastructure used for the transmission of data that provides broadband services.  “Broadband infrastructure” does not include land, buildings, structures, improvements, or equipment not directly used in the transmission of data via broadband.  

“Date of commencement” means the date first occurring after July 1, 2015 and before July 1, 2020 in which broadband infrastructure used in a certified project becomes property taxed as real property as determined by Iowa Code § 427A.1.

“Date of completion” means the date that the entire targeted service area receives broadband service delivered at or above twenty-five megabits per second of download speed and three megabits per second of upload speed.

“Installation of the broadband infrastructure” means the construction, building, and furnishing of new physical infrastructure used for the transmission of data that provides broadband services.  “Installation of the broadband infrastructure” does not include the process of removing existing infrastructure, fixtures, or other real property in preparation of installation of the broadband infrastructure.

“Certified project” means the installation of broadband infrastructure certified by the office of the chief information officer to serve a targeted service area.

“Targeted service area” means a United States census bureau census block located in this state, including any crop operation located within the census block, within which no communications service provider offers or facilitates broadband service at or above twenty-five megabits per second of download speed and three megabits per second of upload speed as of June 22, 2015.

80.31(2) Exemption. An exemption from property tax shall be allowed in the amount equal to one hundred percent of the actual value added by installation of the broadband infrastructure in a targeted service area that facilitates broadband service for the public at or above twenty-five megabits per second of download speed and three megabits per second of upload speed, as certified by the office of the chief information officer.  The exemption shall be allowed beginning January 1 of the assessment year in which an application for exemption is approved until the exemption is revoked or at the expiration of ten years, whichever occurs earlier.

80.31(3) Calculation of actual value added by installation of the broadband infrastructure. The actual value added by installation of the broadband infrastructure is the amount of increase in the actual assessed value of the property that is directly attributable to the installation of broadband infrastructure in a targeted service area for the assessment year in which the property receives the exemption.  Changes in the value of the property which are attributable to general market fluctuations are not to be included in the calculation of the actual value added by installation of the broadband infrastructure.  Installation of broadband infrastructure that is not part of a certified project is not eligible to receive the exemption. 

Broadband infrastructure in general may be assessed locally or by the department of revenue.  Broadband infrastructure that qualifies as telephone or telegraph property under Iowa Code chapter 433 is centrally assessed by the department of revenue.  Broadband infrastructure that does not qualify as telephone or telegraph property under Iowa Code chapter 433 is locally assessed under Iowa Code chapter 441.  The owner of the property must separately report property that is centrally assessed from property that is locally assessed.

a.  Locally assessed property. 

The local assessor shall determine the actual value added by installation of broadband infrastructure using the methodologies required under Iowa Code § 441.21.

b.  Centrally assessed property.

The department of revenue shall determine the actual value added by installation of the broadband infrastructure by using the appropriate methodologies set forth in chapter 77 of these rules.  The department shall calculate the actual value added by installation of the broadband infrastructure as part of the total unit value of the operating property of the company.  The exemption attributable to the installation of the broadband infrastructure shall be applied to each unit before any other exemption or credit.  In no case shall the taxable value of the property be reduced below zero.  The department shall certify the exemption value per line mile for each company to the county auditor pursuant to Iowa Code § 433.8.

80.31(4)  Commencement and completion of project.

To be eligible for the exemption, the date of commencement of the installation of the broadband infrastructure must occur on or after July 1, 2015 and the date of completion of the installation of the broadband infrastructure must occur on or before July 1, 2020.

80.31(5) Application for exemption.

The owner of broadband infrastructure shall file one application with the department of revenue.  The department shall forward the application to the appropriate county boards of supervisors for approval or denial for broadband infrastructure associated with property subject to local assessment.  The department shall retain the application for approval or denial for broadband infrastructure associated with property subject to central assessment. 

1. Application deadline.  The owner of the property shall file the application with the department of revenue by February 1 of the year in which the broadband infrastructure is first assessed for taxation, or by February 1 of the following two assessment years.  If approved, the exemption shall be allowed for ten years from January 1 of the assessment year in which the application is filed or until revoked without further application.  However, at any time prior to the completion of the installation of the broadband infrastructure, an owner may submit a proposal to the department requesting that the owner may file an application for exemption by February 1 of any other assessment year following completion of the installation of broadband infrastructure.  The department shall approve the proposal for property that is centrally assessed.  The board of supervisors shall approve the proposal by resolution for property that is locally assessed.  If approved, the exemption shall be allowed for ten years from January 1 of the assessment year in which the application is approved or until revoked without further application.  If an exemption that was revoked is reinstated on appeal, the exemption shall remain in effect only for the remaining period of exemption.  No property shall receive an exemption under this chapter for a period greater than ten years. 

Neither the department nor the board of supervisors shall approve an application for exemption that is missing any of the requirements listed in this subrule.  The department or the board of supervisors may consult with the office of the chief information in order to obtain additional information necessary to review an application for exemption. 

1. Application requirements.  The owner shall submit the application to the department of revenue.  It is the responsibility of the owner to ensure that the application is complete and accurate.  The application must be made on forms prescribed by the department.  In addition, the application must contain the following information, certifications and documentation:

1. The nature of the broadband infrastructure installation, including the number of new line miles installed within the jurisdiction of the assessing authority to which the owner is applying for exemption, and a description of the property and how it is directly related to delivering broadband services.

1. The percentage of homes, farms, schools, and businesses in the targeted service area that will be provided access to broadband service.

1. The actual cost of installing the broadband infrastructure under the project, if available.  The application shall contain supporting documents demonstrating actual cost, including but not limited to contracts, invoices, contractor statements, project specifications, etc. 

1. Certification from the office of the chief information officer pursuant to section 8B.10 that the installation is being performed or was completed in a targeted service area and that it facilitates broadband service at or above twenty-five megabits per second of download speed and three megabits per second of upload speed.

1. Certification by the company of the date of commencement and actual or estimated date of completion.  If an application contains only an estimated date of completion, the owner must notify the department of the actual completion date once completed.  If the actual completion date occurs after July 1, 2020 the exemption may be revoked.

1. A copy of any nonwireless broadband-related permit issued by a political subdivision, if applicable.

1. Special application requirements.  If an owner submits a proposal to the department prior to the completion of the installation of broadband infrastructure requesting to file an application for exemption in any other assessment year following completion of the project, the owner must contain the following information and documentation in addition to those required under paragraph “b”.

1.  The actual cost already incurred for installation of broadband infrastructure, if any, with supporting documentation demonstrating the actual cost. 

1. The estimated costs for project completion.

1. The estimated date of project completion.  Once the project has been completed, the owner must notify the department of the actual completion date.  If the actual completion date occurs after July 1, 2020 the exemption may be revoked.

1. Approval or denial of application.  All applications shall be submitted to the department of revenue.  The department shall forward applications for property subject to local assessment to the board of supervisors of the county in which the exempt property is located.  The department shall retain the applications for centrally assessed property.  The department and the board of supervisors, as applicable, shall notify an applicant of approval or denial of an application for exemption by March 1 of the assessment year in which the application was submitted.  The notification shall include a notification of the applicant’s right to appeal.  The board of supervisors shall forward all approved applications and any necessary information regarding the applications to the appropriate local assessor by March 1 of the assessment year in which the application was submitted. 

80.31(6) Revocation of exemption. The department or board of supervisors may revoke the exemption at any time after the exemption is granted if the department or board of supervisors determines that the property owner no longer provides the broadband service to a targeted service area at the speeds required under Iowa Code § 427.1(40).  The property owner has the responsibility to provide the department, the board of supervisors or the office of the chief information officer the information required to substantiate that the broadband infrastructure meets the requirements of the exemption.  The department or board of supervisors, as applicable, shall provide notice of revocation to the property owner.  An owner may appeal the decision to revoke the exemption within thirty days of the issuance of the notice of revocation.

80.31(7) Appeals.

a.  Appeal of denial of application for exemption. An applicant for the exemption under this chapter whose application is denied may appeal the denial within thirty days of its issuance.

1. Denial by board of supervisors.  An applicant may appeal the denial of its application for exemption by the board of supervisors to the property assessment appeal board within thirty days of the issuance of the denial. 

1. Denial by the department of revenue.  An applicant may appeal the denial of its application for exemption by the department of revenue to the director of revenue within thirty days of the issuance of the denial.

b.  Appeal of revocation of exemption.   An owner whose exemption is revoked may appeal the revocation within thirty days of its issuance.

1. Denial by board of supervisors.  An owner may appeal the revocation of its exemption by the board of supervisors to the property assessment appeal board within thirty days of the issuance of the revocation. 

1. Denial by the department of revenue.  An owner may appeal the revocation of its exemption by the department of revenue to the director of revenue within thirty days of the issuance of the revocation.

c.  Appeal of value of exemption.  A property owner who is dissatisfied with the value of the owner’s exemption may appeal the value assigned by the local assessor using the protest procedures under Iowa Code § 441.37.  A property owner who is dissatisfied with the value of the owner’s exemption may appeal the value assigned by the department using the appeal procedures under Iowa Code § 429.2.

This rule is intended to implement Iowa Code § 427.1(40).