| Pottawatomie County Appraiser Frequently Asked Questions - Personal Property | ||
| What is personal property? | ||
| According to statute, personal property is every tangible thing which is the subject of ownership, not forming part or parcel of real property. | ||
| What personal property is taxable? | ||
| By law, all personal property in this state, not expressly exempt there from, is subject to taxation. | ||
| How is personal property classified and assessed in Kansas? | ||
| Article 11, Section 1 of The Kansas
Constitution provides that: Tangible personal property shall be
classified into six subclasses and assessed uniformly by subclass at
the following assessment percentages: (1) Mobile homes used for residential purposes...11½ % (2) Mineral leasehold interests except oil leasehold interests the average daily production from which is five barrels or less, and natural gas leasehold interests the average daily production from which is 100 mcf or less, which shall be assessed at 25%...30% (3) Public utility tangible personal property including inventories thereof, except railroad personal property, including inventories thereof, which shall be assessed at the average rate all other commercial and industrial property is assessed...33% (4) All categories of motor vehicles not defined and specifically valued and taxed pursuant to law enacted prior to 1985...30% (5) Commercial and industrial machinery and equipment which, if its economic life is seven years or more, shall be valued at its retail cost when new less seven-year straight-line depreciation, or which, if its economic life is less than seven years, shall be valued at its retail cost when new less straight-line depreciation over its economic life, except that, the value so obtained for such property, notwithstanding its economic life and, as long as such property is being used, shall not be less than 20% of the retail cost when new of such property...25% (6) All other tangible personal property not otherwise specifically classified...30% |
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| Who needs to list personal property for taxation? | ||
| KSA 79-303 states "Every person,
association, company or corporation who owns or holds, subject to
his or her control, any taxable personal property is required by law
to list the property for assessment." The property of: ====Is listed by: A Ward ===His or Her Guardian A Minor ===His or Her Father; if not living or unsound, ==========then His or Her mother; if neither living, by the ==========person in charge of the property. A Trust for the Benefit of Another==== The Trustee An Estate of a Deceased Person ======The Executor or Administrator Held in Receivership ==========The Receiver A Corporation ==========A Designee of the Corporation (see question #5 below) A Company or Firm ===========An Agent or Partner (see question # 5 below) If any person, association, company or corporation has in their possession or custody any taxable personal property belonging to others, it shall be their duty to list the property with the appraiser in the name of the owner of the property. |
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| Who must sign the personal property rendition? | ||
| By law, every person, association, company or corporation required to list property must personally sign the rendition. In addition, if a tax rendition form preparer prepared the rendition, then the tax preparer must also sign and certify that the information presented therein is true and correct. (K.S.A. 79-306) | ||
| When and where does a taxpayer file a rendition? | ||
| K.S.A. 79-306 requires all taxable
personal property to be listed, by the taxpayer, on a rendition
(also referred to as a 'statement') and filed with the county
appraiser on or before March 15th of each year, or the next
following business day, if such date falls on a day other than a
regular business day. Oil and gas renditions are to be filed on or
before April lst. The county appraiser may extend the March 15th deadline if the taxpayer submits a request in writing, stating just and adequate reasons for the extension, and is received by the county appraiser on or before the March 15th due date, April lst for oil and gas renditions. (K.S.A. 79-1422, K.S.A. 79-332a, and K.S.A. 79-1457). |
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| What penalties apply to personal property? | ||
| If personal property is not listed or
if a rendition is untimely filed, the county appraiser is required
by law to apply any applicable penalties. These penalties are set
forth in K.S.A. 79-1422 and K.S.A. 79-1427(a) as follows: Date Rendition Filed...Penalty: Filed on March 16 through April 15...5% Filed on April 16 through May 15...10% Filed on May 16 through June 15...15% Filed on June 16 through July 15...20% Filed on or after July 16 until March 15 of the following year...25% Failure to file full and complete statement within one year...50% Fail to file, omitted or under-reported for more than one year...50% The county appraiser has the duty of listing and appraising all tangible personal property in the county that is owned by, held, or in the possession of a business. If a taxpayer fails or refuses to file a rendition or, if the rendition filed does not truly represent all the property, the county appraiser has the duty to investigate, identify, list and value such property in an effort to achieve uniformity and equality. (K.S.A. 791411(b) and K.S.A. 79-1461) Penalty Appeal Rights: The State Court of Tax Appeals (COTA) has the authority to abate any penalty imposed under this section and order the refund of the abated penalty. In order to appeal a penalty the taxpayer should obtain the proper form from the county appraiser's office, complete the form, and submit it to the county. The county would then submit the form to the State Court of Tax Appeals for consideration (COTA). Either party may request that COTA rehear or reconsider its decision if such request is made within 15 days from the date of COTA's decision. |
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| How are motor vehicles appraised? | ||
| a) Motorcycles, automobiles and light
trucks that are tagged to operate at 12,000 pounds or less on public
roads are appraised for tax purposes using a formula set forth in
laws. The motor vehicles value when first offered for sale as new (hereafter referred to as trade-in value) is used to classify the vehicle within a price range. The mid-point of this price range
is then reduced 15% per calendar year (KSA 79-5100 series). b) Motor vehicles operating over 12,000 pounds, or non-highway motor vehicles, are appraised at market value. The market value is generally obtained using valuation publications prescribed by the state. c) Automobiles owned and leased for a period of time not exceeding 28 days by a car rental company have an excise rental tax imposed in lieu of a property tax (K.S.A.79-5117). d) Motor vehicles used by, for hire motor carriers over the road to transport persons or property are state-assessed. Contact the Motor Carrier Section of the Kansas Division of Property Valuation for more information regarding property taxes on state assessed motor vehicles (785) 296-2365. |
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| How are recreational vehicles (RVs) taxed? | ||
| To fall under the tax definition of
an "RV" the vehicle must be, among other things, for use
on a chassis and designed as living quarters for recreational,
camping, vacation or travel use; have a body width not exceeding 8
½ feet and a body length not exceeding 45 feet; an electrical
system which operates above 12 volts and provisions for plumbing and
heating. Please contact the county appraisers office for proper
classification. The weight of the "RV" must be what is generally accepted as its correct shipping weight. If the "RV" is a 1982 model year or newer and the county appraiser or treasurer cannot determine the shipping weight using the information authorized by the state and the law, then the vehicle owner must have the vehicle weighed at a certified scale. The county treasurer has a listing of certified scales in the county. |
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