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Timber Tax & Excavation Programs
“Notice of Intents to Cut
Wood or Timber” and “Notice to Excavate” forms may be obtained in person from
the Hollis Assessing Office or by calling the Department of Revenue
Administration at (603) 271-2687. TIMBER TAX PROGRAM
Basic Rules & Requirements: The State of New Hampshire has a real estate tax
and by definition timber is considered to be real estate, therefore taxable.
However, the method in which it is taxed is different from other real estate
and is described in the State Constitution. Timber is only taxed at the time
it is cut and at a rate which encourages the growing of timber. In order for
the municipal assessing officials to be aware of cutting operations, they
must be notified of the cutting by the owner filing a notice of intent to cut
timber. The Notice of Intent, which is required by law, notifies the
assessing officials, the NH Department of Revenue (DRA) and the NH Division
of Forest & Lands. Timber on all land ownership is taxable at 10% of the stumpage
value at the time of cutting. The Notice of Intent to Cut must be completed
with a volume estimate and signed by the assessing officials before any
cutting required a notice can start (See below for exceptions). The original
volume estimate cannot be exceeded without filing a supplemental notice of
Intent to Cut for additional volumes. Notice of Intent to Cut and
supplemental Notice of Intent to Cut are available from the Town of Hollis
and the DRA, Timber Appraisal Division. Town officials have 30 days to sign the Intent to
Cut form, per RSA 79:3a III. They may withhold signature only for the
following reasons:
If town officials have not acted on the Intent to
Cut within 30 days of receipt the landowner should contact the DRA, which
then enquires from the town as to the status of the paperwork. If municipal
officials are withholding signatures, the landowner should be notified in
writing by the town as to the reasons within 30 days of receipt of the Notice
of Intent to Cut by the town. Once the Intent to Cut Timber has been signed, a
copy will be returned to the owner and logger, as specified on the Intent. A “Timber
Worksheet” will also be sent, and should be returned with your Report of
Timber Cut (see below). Exceptions to filing an Intent to Cut Timber:
Tax
Responsibility
The
responsibility for the timber tax depends on the type of ownership and must
be one of the following:
Timber Tax Bond
All persons that own land within a town in which
the cutting is to take place and are current on property taxes cannot be
required to post a timber tax bond. All other owners must post a timber tax
bond before the Notice of Intent to Cut is signed. Timber tax bonds are
usually equal to the expected timber tax. Report of Wood
Cut
Report of Wood Cut forms are sent to owners
filing a notice, along with a certificate that should be posted at the job
site. Reports of wood cut must be filed with the town within 60 days of
completion or by May 15th, whichever comes first. The Town may
allow an extension upon receiving a written request. This request should be
sent to the assessing officials prior to April 1st. The report form serves as the basis for
determining the timber yield tax; however, filing the worksheet, in addition
to the report, ensures that the Assessing Office will be able to more
accurately determine the true value of the wood product(s) for tax purposes. Appeal Process
If a taxpayer believes they have been overtaxed
they must appeal to the Town within 90 days of the tax bill. If the Town
denies the appeal then the taxpayer may appeal to the Board of Tax and Land
Appeal (BTLA) within 180 days of the tax bill for appeal board hearing. Penalties,
Doomage and Enforcement
Fines for non-compliance range up to $2000. A
Doomage penalty may be assessed for improper reporting. (Doomage is two times
what the tax would have been if the Report had been seasonably filed and
truly reported.) The DRA Timber Appraisal Division and the Division of Forest
& Lands have the authority to issue a cease and desist for any cutting
operation not in compliance with RSA 79. "The
Guideline to Assessing Timber" is available from DRA to assist owners
and towns in proper assessment of timber per NH timber tax law. Please
contact the DRA at (603) 271-2687 for a copy. Further
information regarding Timber Appraisal rules and regulations can be found at
the DRA’s website, under “Timber” at http://www.nh.gov/revenue/munc_prop/propertyappraisal.htm EXCAVATION
TAX
Basic Rules & Regulations
The State of New
Hampshire has a real estate tax and earth (sand, gravel, loam, stone, etc) is
considered to be part of the real estate, therefore taxable. Due to the
difficulty of determining the market value of the earth products, and to
deter the premature removal of earth products to avoid taxation, the
legislature exempted earth from the real estate tax in 1998 and created the
Excavation Tax under RSA 72-B. Earth, as defined in RSA 155-E:1, I, is only taxed at the time it is excavated at a rate
of $.02 (two cents) per cubic yard. The Excavation Tax is paid to the
municipality in which the excavation took place. In order for the
municipal assessing officials to be aware of the excavation operation they
must be notified of the excavation by the owner by filing a “Notice of Intent
to Excavate.” The notice of intent to excavate is required by law and
notifies both the assessing officials and the NH Department of Revenue (DRA).
Every owner who intends to excavate earth must file a notice of intent to
excavate and the $100.00 administration and enforcement fee. The only
exceptions are as follows:
Before any
excavation can take place, a separate notice of intent to excavate must be
fully completed by the owner for each parcel of land on which excavation will
take place, each intent must be accompanied with an administration and
enforcement fee (if applicable) and, the intent to excavate must be signed by
the assessing officials. The original volume estimate cannot be exceeded
without filing a supplemental notice of intent to excavate for the additional
volumes (RSA 72-B:8-a). The notice of intent to
excavate form is available at the municipality or from DRA. The assessing officials
have 30 days in which to sign the notice intent to excavate form. The
assessing officials may decline to sign the intent for the following reasons
(RSA 72-B:8 & Excavation Tax Administrative Rule 504.01):
If the assessing
officials have not signed the intent to excavate, or notified the owners of
their denial to sign within 30 days of receipt of the intent, the owners
should contact the DRA. The DRA will inquire with the municipality as to the
status of the paperwork. Who
Must File and When: (RSA 72-B:8) The responsibility for the excavation tax
depends upon the type of ownership and must be one of the following:
The intent to excavate
must be filed at the beginning of the tax year (April 1st) and
prior to excavating. Excavation
Tax Bond: (RSA 72-B:5) Owners that own
land within the municipality where the excavation is to take place and are
current on property taxes and timber taxes cannot be required to post an
Excavation Tax bond. All other owners must post an Excavation Tax bond before
the notice of intent to excavate is signed. Excavation Tax bonds are usually
equal to the expected Excavation Tax. Report
of Excavated Material: (RSA 72-B:9) The DRA sends a
report of excavated material form to each owner that has filed a notice of
intent to excavate. In addition, a certificate to excavate is sent along with
the report and must be posted in a conspicuous place within the area of
excavating. The report of
excavated material must be filed with the municipality and the DRA within 30
days following the completion of the excavation. If the excavation is still
in progress at the end of the tax year (March 31st), the report
must be filed no later than the following May 15th. The report of
excavated material serves as the basis for determining the amount of
Excavation Tax to be assessed. Appeal
Process: (RSA 72-B:13) An owner may,
within 90 days of the notice of the Excavation Tax, appeal to the assessing officials
in writing for an abatement from the original
assessment. If the assessing officials neglect or refuse to abate, the owner
may appeal to the NH Board of Tax and land appeals or superior court. Please
refer to the law. Enforcement:
The DRA administers and enforces RSA 72-B,
and has the authority and right to stop any excavation in violation of RSA
72-B, pursuant to RSA 72-B:17. Penalties
for Non-compliance Violation:
Misdemeanor:
This is
only a synopsis of the laws relating to Timber Tax and Excavation Tax. For
further clarification please call the Town of Hollis Assessing Office at
(603) 465-9860, refer to the New Hampshire statutes or call (603) 271-2687 Department
of Revenue Administration, Timber Tax Appraisal. Further
information regarding rules and regulations can be found at the DRA’s
website, under “Gravel” at: http://www.nh.gov/revenue/munc_prop/propertyappraisal.htm Back to the main
Assessing Page Last
updated September 30, 2010. cmc The information on this
website does not include a complete representation of the Town of Hollis
Assessing records or of the appropriate laws relating to the subject matter.
The Town of Hollis assumes no liability whatsoever associated with the use or
misuse of this data. The information furnished is for the convenience of the
user. By your use of this site, you acknowledge that you understand and
accept this statement. |
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