House Bill 1122

AN ACT TO AMEND SECTION 61-15-11, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF AN ANTIQUE AIRCRAFT FOR THE PURPOSE OF THE IMPOSITION OF REGISTRATION FEES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 61-15-11, Mississippi Code of 1972, is amended as follows:

61-15-11. (1) Registration fees shall be paid to and collected by the tax collector of the county in which the aircraft is based.

The registration and reregistration of aircraft shall be subject to the following schedule and rates:

(a) Aircraft other than those described in paragraph (b) of this subsection shall be taxed according to the following schedule:

MAXIMUM CERTIFICATED

GROSS WEIGHT OF

AIRCRAFT IN POUNDS FEE

Less than 3,600................................ $ 25.00

3,601 through 10,000........................... 250.00

10,001 and over................................ 2,500.00

(b) * * * Aircraft weighing less than three thousand six hundred pounds (3,600) and having a date of manufacture of which is thirty (30) years old or older shall be subject to a one-time fee of One Hundred Dollars ($100.00), which fee is nontransferable upon sale of transfer of the aircraft.

(2) All administrative provisions of the Mississippi Sales Tax Law, including those which fix damages, penalties and interest for nonpayment of taxes, failure to file returns, and for other noncompliance with the provisions of said chapter, and all other requirements and duties imposed upon taxpayers, shall apply to all persons liable for taxes under the provisions of this chapter, and the commission shall exercise all the power and authority and perform all the duties with respect to taxpayers under this chapter as are provided in said Sales Tax Law, except that in cases of conflict, then the provisions of this chapter shall control.

(3) Aircraft purchased after January 1 of each year and subject to registration as herein provided shall be registered and taxed on a prorated basis by month. Registration fees shall be in lieu of all aircraft ad valorem taxes except as provided in subsection (4) of this section. All such monies collected shall be distributed as provided in this subsection.

The county tax collector shall determine for each county and for each municipality, if any, having aircraft within its boundaries which are subject to this chapter and the registration fees collected on aircraft in each county and municipality. The amount so determined due each county and municipality shall be divided equally between the county and municipality and the amount due the municipality shall be transmitted monthly to the city clerk of the municipality. The counties and municipalities shall allocate such revenues to funds in the same manner and proportion as revenues from ad valorem taxes within the county and municipality.

(4) The county tax collector shall make reasonable efforts to determine which aircraft in their county have been registered as required by this chapter. The county tax collector shall, on or before June 1 of each year, furnish to the tax assessor of their county a list of aircraft owners which have aircraft that are registered, setting forth the description of the aircraft and the location of the aircraft as to county and municipality. The tax assessor shall, upon receipt of the list, add the aircraft which have not been registered to the personal property roll of the county and of the municipality in which the aircraft may be located and such aircraft shall be taxed as other personal property within the county and municipality except as provided hereinafter. The county tax collector may accept registration fees, as follows:

(a) Fees on a prorated basis by month for aircraft purchased in a bona fide, good faith transaction after January 1 of the registration year; or

(b) Total fees and penalties for aircraft liable for registration on January 1 when the owner of the aircraft was the owner on January 1 of the registration year.

The tax assessor may remove an aircraft from the personal property rolls prior to December 31 of the registration year upon receipt of a notice from the county tax collector that the registration fees and penalties, when required, have been paid in full by the owner of the aircraft. The aircraft may not be removed from the personal property rolls after December 31 of the registration year.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.