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According to the statute, personal property is every tangible thing which is the subject of ownership, not forming part or parcel of real property.
By law, all property in this state, not expressly exempt therefrom, is subject to taxation (see section V, for exemptions).
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."
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.
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":
The same information applies to mobile homes as mobile homes are considered real property.
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)
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 1st.
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 1st for oil and gas renditions. (K.S.A. 79-1422 K.S.A. 79-332a and K.S.A. 79-1457)
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-l422 and 79-1427(a) as follows:
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. 79-1411(b) and K.S.A. 79-1461).
The State Board of Tax Appeals (BOTA) 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 Board of Tax Appeals for consideration (BOTA). Either party may request that BOTA rehear or reconsider its decision if such request is made within 15 days from the date of BOTA’s decision.
Motorcycles, automobiles, and trucks that are tagged to operate at 20,000 pounds or less on public roads are appraised for tax purposes using a formula set forth in laws. The motor vehicle's approximate base wholesale price (dealer cost) when first sold to the public is used to "classify" the vehicle within a price range. The mid-point of this price range is then reduced 15% per calendar year (K.S.A. 79-1500 series). Motor vehicles operating over 20,000 pounds or non-highway motor vehicles are appraised at market value. The market value is generally obtained using valuation publications prescribed by the state. 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).
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 913-296-2365.
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 Appraiser's 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.
The term commercial and industrial machinery and equipment includes tangible personal property that is used to produce income or is depreciated or expensed for IRS purposes such as office furniture and fixtures.
The Kansas Constitution provides that commercial and industrial personal property will be appraised starting at its "retail cost when new" and depreciated straight line over a maximum of seven years. If the economic life of the machinery or equipment is less than seven years, it will be depreciated straight-line over the shorter life. However, so long as the property is "being used," the appraised value shall not be less than 20% of the retail cost when new of such property. This classification of property is assessed at 25%.
"Retail cost when new" means the dollar amount an item would cost when new to a purchaser at the retail level of trade. It is not a used sale price, and it is not a wholesale or manufacturer's cost. It is the total cost a taxpayer incurs to acquire new property and place it in operation in order to use it to produce income over a period of years in a commercial or industrial setting. The term "retail cost when new" does not include sales tax or freight and installation charges that are separate and readily discernible from the set retail price. If a taxpayer cannot determine the retail cost when new of a used item from a reliable source, the county appraiser will estimate the retail cost when new using the used sales price of the item and a formula prescribed by the state. The county appraiser will determine the economic lives of the assets listed on a rendition. Economic lives are based primarily upon IRS publication 946 class lives. Contact the county appraiser's office for questions regarding the economic lives of commercial and industrial machinery and equipment.
Commercial and industrial property should be considered as "being used" until the property's condition and other objective evidence clearly indicate that it is no longer used and will never again be used and will never again be used in an income-producing capacity. For further interpretation of what constitutes being used, contact the county appraiser's office.
Items used exclusively for business purposes or in certain nonprofit entities are exempt from taxation if the retail cost when new of the item is $250 or less. An "item' for purposes of the $250 exemption is generally going to be an "item" as it is reported on the rendition. However, if a line item consists of a group of like-kind goods that can be used independently, the line item is actually several items. For example, "6 new chairs at $100 each" consists of 6 items qualifying for exemption. On the other hand, an asset that must be used in conjunction with other goods in order to serve its purpose is not an "item". Rather, it is only part of an "item". For example, if a taxpayer lists a "computer keyboard" as a line-item on the rendition, the line-item does not constitute an entire "item". The computer keyboard cannot serve its purpose without the remainder of the computer system; therefore, the keyboard is part of a computer system. The computer system is the item. The keyboard and its other components, even though they may be separately identified and listed, are merely parts of an item for purposes of the $250 exemption.
"Items" of commercial and industrial property with a retail cost when new of $250 or less are not required by law to be reported to the county appraiser. However, if you list all your commercial property without eliminating these exempt items from your list, the county appraiser will exempt them from taxation. In fact, your county appraiser may ask taxpayers to continue to list these exempt items for informational purposes, this does not mean these exempt items will be taxed.
The following is a list of example "items" of machinery and equipment to use as a guideline for the $250 commercial and industrial exemption:
Refer to instructions on the back of Schedule 5 of the rendition, and/or contact the County Appraiser's Office for more information.