Several states, including Alabama, Arizona, Michigan, Montana, Rhode Island, West Virginia and Wisconsin, have recently enacted legislation or promulgated regulations generally making taxpayer-favorable changes to the taxation of personal property. This trend may continue in 2024, with Connecticut, the District of Columbia, Missouri and Virginia currently proposing or examining potentially significant personal property tax changes.
Several significant state legislative and policy changes concerning personal property tax occurred or were implemented in 2023.
In 2022, Alabama enacted legislation adding a business personal property tax exemption that became effective on Oct. 1, 2023, exempting up to $40,000 in market value of the tangible personal property on the state-levied portion of the tax. 1 The Alabama Department of Revenue adopted a new rule, effective July 15, 2023, to account for this legislation. 2 The rule clarifies the scope of an optional exemption whereby the county or municipality may also adopt the exemption for purposes of county or municipal ad valorem tax.
Arizona lowered the valuation factor for new assets starting with the 2023 tax year. 3 Legislation enacted in 2022 sets the valuation factor for class 1, class 2 (personal), and class 6 personal property acquired after Jan. 1, 2022, to 2.5% and eliminates any incremental statutory depreciation. These classes include commercial and industrial uses, agriculture, and non-profits. The 2.5% valuation factor for assets acquired after Jan. 1, 2022, will be used for the life of the asset. Note that 2.5% is the minimum valuation factor for business personal property, which was typically applied if the number of expected life years has passed (even if fully depreciated under federal taxation). Normal depreciation still applies for assets acquired before 2022, but this legislation will significantly lower the prospective tax burden on personal property in Arizona.
Michigan enacted legislation in 2021 that increased the small business exemption from $80,000 to $180,000. 4 Beginning in 2023, the legislation amends the Small Business Taxpayer Personal Property Tax Exemption, Mich. Comp. Laws Sec. 211.9o, to increase the combined true cash value limit for “eligible personal property” in a local unit from $80,000 to $180,000. The exemption is required to be claimed with the local jurisdiction and must be filed no later than Feb. 20, 2024, by submitting the completed Form 5076, “Small Business Property Tax Exemption Claim Under MCL 211.9o.” If the true cash value is greater than $80,000 and less than $180,000 on Dec. 31, 2023, the taxpayer must also attach a copy of Form 632, “2024 Personal Property Statement,” along with Form 5076.
Montana changed the business reporting requirement starting with the 2024 tax year by increasing the business equipment tax exemption from $300,000 to $1 million. 5 Businesses that have a statewide market value of equipment of $1 million or less are exempt from the business equipment tax and no longer have a reporting requirement in 2024 unless: (i) they have acquired new personal property that would increase their equipment’s aggregate market value above the exemption amount; or (ii) the Montana Department of Revenue requests that a personal property reporting form be completed. Individuals and businesses owning business equipment (as of Jan. 1, 2024) with an aggregate market value of more than $1 million statewide must report the equipment owned by March 1, 2024, to avoid a 20% penalty. Since the exemption is based on value and not cost, a proper depreciation analysis must be performed to ensure a business qualifies for the exemption.
A statewide tangible personal property tax exemption is now available in Rhode Island for the 2024 tax year. In 2023, Rhode Island enacted legislation creating a $50,000 tax exemption relating to the assessment of municipal tangible property commencing with the Dec. 31, 2023, tax assessment for taxes payable in the 2024 calendar year. 6 This legislation also provides for reimbursement of tax revenue lost by the municipalities and establishes a tangible property tax rate cap. The $50,000 tangible personal property exemption is applicable per taxpayer in each jurisdiction statewide. Some exceptions apply for certain tangible property subject to taxation for public service corporation property or renewal energy resources equipment and any property subject to any payment in lieu of tax agreements.
In 2022, voters in West Virginia rejected ballot measures to amend the constitution to allow the repeal or minimization of personal property tax. The ballot measure, known as Amendment 2, was proposed to amend the state constitution and allow legislative authority to potentially scale back or repeal all tangible personal property taxes in West Virginia. Opponents argued that this amendment could possibly eliminate all business personal property and inventory tax, in addition to the vehicle tax, and disrupt the revenue stream guaranteed to local governments and school boards. Similar efforts to amend the constitution failed in 1999 and 2006. Subsequently, a proposal to provide an income tax credit to offset the amount of property tax paid on vehicles was enacted in 2023 to provide more limited property tax relief. 7
Wisconsin enacted legislation that effectively eliminates the personal property tax. 8 Beginning with the property tax assessments as of Jan. 1, 2024, no items of personal property will be subject to the property tax. Wisconsin had been reducing the personal property tax burden on certain types of equipment like computers and manufacturing equipment in previous years before this repeal, but the administration for personal property tax compliance has always been significant in this state due to the thousands of local townships and assessment jurisdictions. The legislation also creates a personal property tax exemption to the license fee for railroad companies and public utilities subject to local property tax. In addition, the legislation makes a number of technical changes whereby manufacturing establishments located in Wisconsin, but that do not own real property in the state, may continue to claim the manufacturing income tax credit. The 2023 tax year personal property tax was still required to be paid in full by Jan. 31 to the local municipality unless installment options are indicated on the tax bill. Also, the “Wisconsin Manufacturing Real Estate Return” (Form M-R) must be filed before the March 1, 2024, deadline.