D.C. Mun. Regs. tit. 9, r. 9-330

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 9-330 - INCOME AND EXPENSE REPORTING BY OWNERS OF INCOME-PRODUCING PROPERTY

330.1

The provisions of §§ 330 -334 implement the income and expense reporting by owners of income-producing property.

330.2

The provisions of §§ 330 -339 supersede any previous requirements and rules regarding the filing of an income-expense form for income-producing properties for the 1978 reporting period and the imposition of a ten percent (10%) penalty for failure to file such a form under those requirements and rules. In addition, these rules are effective for subsequent reporting years until and unless superseded.

330.3

For the purposes of §§ 330 -339, the term "actual gross income" means the following:

(a) In the case of an affected taxpayer's reporting on a cash basis, all of the income actually collected during the reporting period from rentals, parking, and miscellaneous sources, but not to include advance or security deposits, tenant reimbursements for capital improvements or reimbursements for casualty losses; and

(b) In the case of an affected taxpayer's reporting on an accrual basis, all of the income actually accrued, during the reporting period, from rentals, parking, and miscellaneous sources, but not to include advance or security deposits, tenant reimbursements for capital improvements or reimbursements for casualty losses.

330.4

An affected taxpayer under §§ 330 -334 is the owner (or owners) of income-producing property or properties in the District who is (are) required to file an income-expense form under the D.C. Official Code § 47-821, and in accordance with the provisions of this chapter.

330.5

Separate income-expense forms for separate income-producing properties are required, unless otherwise directed by the Office.

330.6

In the following instances, there shall be added to the real property tax levied for the next ensuing tax year a penalty in the amount of ten percent (10%) of the tax:

(a) If the appropriate income-expense form is not received by the Deputy Chief Financial Officer on or before April 15^th of the year in which written notice of a filing requirement of such form is mailed to the affected taxpayers;

(b) If any income-expense form is timely received on or before April 15^th, but is either inaccurate or incomplete and, after written notice from the Deputy Chief Financial Officer and in the opinion of the Deputy Chief Financial Officer, remains inaccurate or incomplete; or

(c) If an income and expense form is received after the time extended by the Deputy Chief Financial Officer.

330.7

For the purposes of §§ 330 -339, the word "delivered" also includes a timely postmark if mailed.

330.8

Unless the postmark is illegible, no proof of a different postmark shall be accepted other than a registered or certified mail receipt or an affidavit from the proper postal representative. If the postmark is illegible, an affected taxpayer must submit a duly notarized affidavit which indicates a timely postmark.

330.9

In computing any period of time prescribed or allowed in §§ 330 -339, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.

330.10

The Office shall notify in writing affected taxpayers of the application of the ten percent (10%) penalty described in this section through the first-half or second-half real property tax bill or by any other method which it consider appropriate.

330.11

The Office may apply the ten percent (10%) penalty provided for in these rules and regulations to either the first-half or second-half real property tax bill of the affected taxpayer's next ensuing tax year, or through a separate billing within that tax year.

330.12

Any information, form or documents required by §§ 330-334 to be received by the specified date shall be electronically submitted as instructed in the notice on or before 11:59 PM of midnight of such date.

330.13

The Deputy Chief Financial Officer shall provide an electronic receipt of such submission to the indicated email address provided by the filer.

D.C. Mun. Regs. tit. 9, r. 9-330

Final Rulemaking published at 25 DCR 10919 (June 22, 1979), 16 DCRR § 101; as amended by Final Rulemaking published at 56 DCR 1487 (February 13, 2009); amended by Final Rulemaking published at 65 DCR 2464 (3/9/2018); amended by Final Rulemaking published at 66 DCR 001203 (1/25/2019)