2006 Minnesota Statutes

360.531 TAXATION.
    Subdivision 1. In lieu tax. All aircraft using the air space overlying the state of Minnesota or
the airports thereof, except as set forth in section 360.55, shall be taxed in lieu of all other taxes
thereon, on the basis and at the rate for the period January 1, 1966, to June 30, 1967, and for
each fiscal year as follows.
    Subd. 2. Rate. The tax shall be at the rate of one percent of value; provided that the minimum
tax on an aircraft subject to the provisions of sections 360.511 to 360.67 shall not be less than 25
percent of the tax on said aircraft computed on its base price or $50 whichever is the higher.
    Subd. 3. First year of life. "First year of life" means the year the aircraft was manufactured.
    Subd. 4. Base price for taxation. For the purpose of fixing a base price for taxation from
which depreciation in value at a fixed percent per annum can be counted, such price is defined
as follows:
(a) The base price for taxation of an aircraft shall be the manufacturer's list price.
(b) The commissioner shall have authority to fix the base value for taxation purposes of any
aircraft of which no such similar or corresponding model has been manufactured, and of any
rebuilt or foreign aircraft, any aircraft on which a record of the list price is not available, or
any military aircraft converted for civilian use, using as a basis for such valuation the list price
of aircraft with comparable performance characteristics, and taking into consideration the age
and condition of the aircraft.
    Subd. 5. Similarity of corresponding model. Models shall be deemed similar if substantially
alike and of the same make. Models shall be deemed to be corresponding models for the purpose
of taxation under sections 360.54 to 360.67 if of the same make and having approximately the
same weight and type of frame and the same style and size of motor.
    Subd. 6. Depreciation. After the first year of aircraft life the base value for taxation purposes
shall be reduced as follows: ten percent the second year, and 15 percent the third and each
succeeding year thereafter, but in no event shall such tax be reduced below the minimum.
    Subd. 7. Prorating tax. When an aircraft first becomes subject to taxation during the period
for which the tax is to be paid, the tax on it shall be for the remainder of that period, prorated on a
monthly basis of 1/12 of the annual tax for each calendar month counting the month during which
it becomes subject to the tax as the first month of such period.
    Subd. 8. Tax, fiscal year. Every aircraft subject to the provisions of sections 360.511 to
360.67 which has at any time since April 19, 1945, used the air space overlying the state of
Minnesota or the airports thereof shall be taxed for the period from January 1, 1966, through June
30, 1967, and for each fiscal year thereafter in which it is so used. Any aircraft which does not use
the air space overlying the state of Minnesota or the airports thereof at any time during the period
of January 1, 1966, to and including June 30, 1967, or at any time during any fiscal year thereafter
shall not be subject to the tax provided by sections 360.511 to 360.67 for such period. Rebuilt
aircraft shall be subject to the tax provided by sections 360.511 to 360.67 for that portion of the
aforesaid periods remaining after the aircraft has been rebuilt, prorated on a monthly basis.
    Subd. 9. Assessed as personal property in certain cases. Aircraft subject to taxation under
the provisions of sections 360.54 to 360.67 shall not be assessed as personal property and shall
be subject to no tax except as provided for by these sections. Aircraft not subject to taxation
as provided in these sections, but subject to taxation as personal property within the state of
Minnesota shall be assessed and valued at 33-1/3 percent of the market value thereof and taxed at
the rate and in the manner provided by law for the taxation of ordinary personal property. If the
person against whom any tax has been levied on the ad valorem basis because of any aircraft shall,
during the calendar year for which such ad valorem tax is levied, be also taxed under provisions
of these sections, then and in that event, upon proper showing, the commissioner of revenue shall
grant to the person against whom said ad valorem tax was levied, such reduction or abatement of
net tax capacity or taxes as was occasioned by the so-called ad valorem tax imposed. If the ad
valorem tax upon any aircraft has been assessed against a dealer in new and used aircraft, and the
tax imposed by these sections for the required period is thereafter paid by the owner, then and
in that event, upon proper showing, the commissioner of revenue, upon the application of said
dealer, shall grant to such dealer against whom said ad valorem tax was levied such reduction or
abatement of net tax capacity or taxes as was occasioned by the so-called ad valorem tax imposed.
History: 1945 c 411 s 3; 1949 c 161 s 1-4; 1955 c 113 s 6; 1959 c 446 s 3; 1965 c 161 s 2-6;
1973 c 582 s 3; 1975 c 339 s 8; 1983 c 326 s 10; 1985 c 248 s 55; 1987 c 268 art 14 s 24; 1988 c
719 art 5 s 84; 1989 c 329 art 13 s 20; 1999 c 238 art 2 s 70