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2017 Mississippi Code
Title 27 - Taxation and Finance
Chapter 38 - Ad Valorem Taxes--Telecommunications Tax Reform
§ 27-38-3. Legislative findings; purpose
Universal Citation: MS Code § 27-38-3 (2017)
- (1) The Legislature finds that one measure of the state's economic competitiveness is the presence of an efficient and affordable telecommunications infrastructure using the latest technological advancements.
- (2) The Legislature further finds that the telecommunications industry is undergoing a dramatic change that is altering the identity of its participants, the nature of services that the industry provides, and the methods used to deliver those services.
- (3) The Legislature finds that the telecommunications industry is becoming increasingly competitive and that full and fair competition within the telecommunications industry is beneficial to all Mississippians.
- (4) The Legislature further finds that existing Mississippi ad valorem property tax laws place certain telephone companies at a competitive disadvantage because their property is classified for ad valorem tax purposes as "public utility property" and is assessed at the rate of thirty percent (30%) of such property's true value while many of their competitors' property is not classified as "public utility property" and is therefore assessed at the rate of fifteen percent (15%) of such property's true value.
- (5) The Legislature finds that the competitive inequities engendered by such existing Mississippi property tax laws hinder the investment in the state's telecommunications infrastructure.
- (6) The Legislature finds that the best method to mitigate the effects of such competitive disadvantage is to create a partial exemption for that particular species of property owned by telephone companies that is assessed at the higher rate. This partial exemption is most effectively implemented as an ad valorem tax refund from the State of Mississippi in an amount equal to the portion of the ad valorem taxes paid by such telephone companies that is attributable to the higher assessment rate.
- (7) The Legislature further finds, however, that it is in the best interests of the State of Mississippi and its political subdivisions that the tax revenues available to the state should not be diminished by the tax refunds granted to such telephone companies; and that an expansion of the sales tax base to include interstate telecommunications services is expected to provide tax revenues to the state that are approximately equal to the amount of the tax refunds granted to such telephone companies.
- (8) Furthermore, the Legislature finds that it is in the best interests of Mississippi consumers of telecommunications services that any tax savings experienced by such telephone companies be passed on to consumers in the form of reductions in the prices charged for the services provided by such telephone companies.
- (9) Accordingly, the Legislature finds that there is a compelling public need to effect these changes in the tax system of the state in order to:
- (a) Avoid placing certain telecommunications services providers at a competitive disadvantage;
- (b) Provide purchasers of telecommunications services with greater choices and lower prices; and
- (c) Preserve the revenue base of the existing property tax system for political subdivisions of the state.
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