Utah Administrative Code
Topic - Tax Commission
Title R884 - Property Tax
Rule R884-24P - Property Tax
Section R884-24P-20 - Construction Work in Progress Pursuant to Utah Constitution Art. XIII, Section 2 and Utah Code Ann. Sections 59-2-201 and 59-2-301
Universal Citation: UT Admin Code R 884-24P-20
Current through Bulletin 2024-18, September 15, 2024
(1) For purposes of this section:
(a) "Construction work in progress" means
improvements as defined in Section 59-2-102, and personal property as defined
in Section 59-2-102, that are not functionally complete.
(b) "Project" means any undertaking involving
construction, expansion or modernization.
(c) "Construction" means:
(i) creation of a new facility;
(ii) acquisition of personal property;
or
(iii) any alteration to the real
property of an existing facility other than normal repairs or
maintenance.
(d)
"Expansion" means an increase in production or capacity as a result of the
project.
(e) "Modernization" means
a change or contrast in character or quality resulting from the introduction of
improved techniques, methods or products.
(f) "Functionally complete" or "functional
completion" means capable of providing economic benefit to the owner through
fulfillment of the purpose for which it was constructed. In the case of a
cost-regulated utility, a project shall be functionally complete when the
operating property associated with the project has been capitalized on the
books and is part of the rate base of that utility.
(g) "Allocable preconstruction costs" means
expenditures associated with the planning and preparation for the construction
of a project. To be classified as an allocable preconstruction cost, an
expenditure must be capitalized.
(h) "Cost- regulated utility" means a power
company, oil and gas pipeline company, gas distribution company or
telecommunication company whose earnings are determined by a rate of return
applied to rate base. Rate of return and rate base are set and approved by a
state or federal regulatory commission.
(i) "Centrally assessed property" means
property that is required to be assessed under Section 59-2-201.
(j) "Locally assessed property" means
property that is required to be assessed under Section 59-2-301.
(2) All construction work in progress shall be valued at "full cash value" as described in this section.
(3)
(a) Discount Rates
(b) For purposes of this rule, discount rates
shall be determined by the Tax Commission, and shall be consistent with market,
financial and economic conditions.
(4) Appraisal of Allocable Preconstruction Costs.
(a) If requested by the taxpayer,
preconstruction costs associated with centrally assessed property may be
allocated to the value of the project in relation to the relative amount of
total expenditures made on the project by the lien date. Allocation will be
allowed only if the following conditions are satisfied by January 30 of the tax
year for which the request is sought:
(i) a
detailed list of preconstruction cost data is supplied to the Tax Commission;
and
(ii) the percent of completion
of the project and the preconstruction cost data are certified by the taxpayer
as to their accuracy.
(b)
(i) The
preconstruction costs allocated under Subsection (4)(a) shall be discounted
using the rate determined under Subsection (3).
(ii) The discounted allocated value described
in Subsection (4)(b)(i), shall be added to the values determined under the
various approaches used in the method of valuation determined under Subsection
(6).
(c) The
preconstruction costs allocated under this Subsection (4) are subject to audit
for four years. If adjustments are necessary after examination of the records,
those adjustments will be classified as property escaping assessment.
(5) Appraisal of Locally Assessed Properties.
(a) On or before January 1 of each
tax year, each county assessor shall determine the following for projects
involving locally assessed property:
(i) the
full cash value of the project expected upon completion;
(ii) the expected date of functional
completion of the project currently under construction; and
(iii) the percentage of completion of the
project as of the lien date.
(b) Determination of the percentage of
completion of a project for locally assessed property shall be based on the
following percentages of completion:
(i) 10% -
Excavation-foundation;
(ii) 30% -
Rough lumber, rough labor;
(iii)
50% - Roofing, rough plumbing, rough electrical, heating;
(iv) 65% - Insulation, drywall, exterior
finish;
(v) 75% - Finish lumber,
finish labor, painting;
(vi) 90% -
Cabinets, cabinet tops, tile, finish plumbing, finish electrical; and
(vii) 100% - Floor covering, appliances,
exterior concrete, misc.
(c) The value of a project on January 1 shall
be determined by multiplying the full cash value of the project expected upon
completion by the percentage of completion of the project as determined under
this Subsection (5).
(6) Appraisal of Centrally Assessed Properties.
(a) No adjustments under this rule shall be
made to the income indicator of value for a project under construction that is
owned by a cost-regulated utility when the project is allowed in rate
base.
(b) The full cash value of a
project under construction as of January 1 of the tax year, shall be determined
by adjusting the cost and income approaches as provided in this Subsection
(6)(b).
(i) Adjustments to reflect the time
value of money in appraising construction work in progress valued under the
cost and income approaches shall be made for each approach as provided in this
Subsection (6)(b)(i).
(A)
(I) Each company shall report the expected
completion dates and costs of the projects.
(II) A project expected to be completed
during the tax year for which the valuation is being determined shall be
considered completed on January 1 or July 1, whichever is closest to the
expected completion date.
(III) The
Tax Commission shall determine the expected completion date for any project
whose completion is scheduled during a tax year after the tax year for which
the valuation is being made.
(B) If requested by the company, the value of
allocable preconstruction costs determined under Subsection (4) shall be
subtracted from the total cost of each project. The difference shall be
referred to as the adjusted cost value of the project.
(C) The adjusted cost value for each of the
future years before functional completion shall be discounted to reflect the
present value of the project under construction. The discount rate shall be
determined under Subsection (3).
(D) The discounted adjusted cost value shall
then be added to the values determined under the income approach and cost
approach.
(ii) No
adjustment will be made to reflect the time value of money for a project valued
under the stock and debt approach to value.
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