1999 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: 

    (1) The base price for taxation of an aircraft shall be the 
 manufacturer's list price.  

    (2) 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. 

    HIST: 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