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2018 Personal Property Guide - FINAL

State of KansasDepartment of RevenueSam Brownback, GovernorSamuel M. Williams, SecretaryDivision of Property ValuationDavid N. Harper, Director2018 Personal PropertyValuation Guide300 SW 29thSt, Topeka, KS 66611 Mailing Address Docking State Office Bldg., 915 SW Harrison St., Room 400, Topeka, KS 66612-1585 Phone (785) 296-2365 Fax (785) 296-2320 Hearing Impaired TTY (785) 296-2366 law states that all real Property and Personal Property in this state, not expressly exempt,is subject to taxation. All tangible Personal Property owned as of January 1st must be listed in thename of the owner, with the county appraiser each year for taxation purposes. The statutorydefinition of Personal Property is .. every tangible which is the subject of ownership, not formingpart or parcel of real Property [ 79-101, 79-102, 79-301, 79-303]ThePersonal Property Valuation Guideis written by the Property Valuation Division in the KansasDepartment of Revenue.

Introduction Kansas law states that all real property and personal property in this state, not expressly exempt, is subject to taxation. All tangible personal property owned as of January 1st must be listed in the

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Transcription of 2018 Personal Property Guide - FINAL

1 State of KansasDepartment of RevenueSam Brownback, GovernorSamuel M. Williams, SecretaryDivision of Property ValuationDavid N. Harper, Director2018 Personal PropertyValuation Guide300 SW 29thSt, Topeka, KS 66611 Mailing Address Docking State Office Bldg., 915 SW Harrison St., Room 400, Topeka, KS 66612-1585 Phone (785) 296-2365 Fax (785) 296-2320 Hearing Impaired TTY (785) 296-2366 law states that all real Property and Personal Property in this state, not expressly exempt,is subject to taxation. All tangible Personal Property owned as of January 1st must be listed in thename of the owner, with the county appraiser each year for taxation purposes. The statutorydefinition of Personal Property is .. every tangible which is the subject of ownership, not formingpart or parcel of real Property [ 79-101, 79-102, 79-301, 79-303]ThePersonal Property Valuation Guideis written by the Property Valuation Division in the KansasDepartment of Revenue.

2 It is intended to be used by county appraisers as the actual personalproperty valuation Guide for the purposes of Directive 17-048, 79-505, 79-1412a Sixthand 79-1456. This publication is not all-inclusive and refers to valuation informationcontained in statutes, directives and guidelines. Whenever Personal Property is required to bevalued at fair market value, the county appraiser may deviate from the procedures shown in thisguide, on an individual piece of Property , for just cause shown and in a manner consistent withachieving fair market value.[ 79-1456]ThePersonal Property Valuation Guideoutlines procedures for valuing each subclass of personalproperty set forth in the Kansas Constitution. For an overview of laws and procedures pertainingto the assessment and taxation of Personal Property , other than valuation information, refer totheKansas Personal Property Summarypublication available on the web Property guides, directives, memorandums, forms and other related information can beaccessed through the Division s web site and other information can be accessed through the Kansas Department of Revenue PolicyLibrary Personal Property Valuation GuideRevised 12/2017 Page iiiReal Property or Tangible Personal PropertyContentsIntroduction.

3 2 Real Property or Tangible Personal 6 Personal Property Classification and 14 Listing Personal Property : Due Date and Location (Situs) .. and Manufactured 1 Discovery of Manufactured Homes .. 2 Classifying Manufactured 3 Valuing Residential Manufactured Homes .. Leasehold Interests (Oil and Gas) .. 8 Valuation Summary for Taxable Vehicles .. 10 Vehicle Identification Numbers .. 12 Taxed When Tagged Motor Vehicles .. 14 Valuing Taxed When Tagged Motor Vehicles: .. 14 Class Codes for Taxed When Tagged and 16M/20M Motor Vehicles .. 16 Class Codes for Taxed When Tagged and 16M/20M Motor Vehicles (Cont.).. 17 Property Tax 18 Tax Roll Motor 20 Valuing Tax Roll Motor Vehicles:.. 20 MOTORCYCLES (Non-highway titled motorcycles designed for use on public roads) .. 21 AUTOS & LIGHT DUTY TRUCKS (Light duty trucks - GVW of 14,000 or less) .. 22 MEDIUM (GVW 14,001 or greater) & HEAVY DUTY 2316M or 20M Motor Vehicles .. 25 Valuing 16M/20M Motor Vehicles.

4 2516M/20M Motor Vehicle Valuation and Taxation Summary .. 27 Proration of Tax Roll and 16M/20M Motor 37 Flow Chart for valuation and taxation of taxed when tagged , tax roll and 16M/20M motor vehicles 41 RV Titled Recreational Vehicles .. 42 Personal Property Exemption:.. 44 Antique Titled Motor Vehicles .. 45 Valuation of Kit or Assembled Vehicle 48 Assembled Vehicles .. 49 Valuing Assembled Vehicles: .. 49 Gray Market Motor Vehicles .. 502018 Personal Property Valuation GuideRevised 12/2017 Page ivReal Property or Tangible Personal 51 Small 55 Intermediate and Large Transit 58 Inter-City Buses .. 59 Kalmar/Ottawa and Capacity Brand Yard/Terminal Tractors .. 60 Hearses .. 61 Limousines .. 62 Commercial Vehicles .. Commercial/Industrial Machinery and Equipment .. 64 Valuing Commercial/Industrial Machinery and Equipment .. 64 Retail cost when new (RCWN):.. 65 Sales Tax, Freight and Installation:.. 65 Economic Life:.. 66 Straight-line depreciation.

5 66 The Used Factor: .. 68 THE USED FACTOR TABLE .. 70 Used for Commercial Purposes vs. Not Used :.. 71$1500 Exemption for Commercial Equipment: .. 72 Commercial/Industrial Machinery and Equipment Exemption: .. 73 Computer Software Tangible vs. Intangible: .. 74 Leased Equipment:.. 74 Truck Beds & Bodies (Commercial): .. 76 Trailers (Commercial):.. 76 Commercial/Industrial Machinery and Equipment defined by Statute .. 77 Wireless Communication Towers .. 77 Bed, Body, or Box mounted on a motor 77 Specific machinery and equipment used in manufacturing of cement, lime, or similar 77 Summary of Key Terms .. 78 Summary of Tables used to Value Commercial Property .. 78 Summary of Schedules to Report Commercial Property .. 79 COMMERCIAL & INDUSTRIAL Property ECONOMIC Other Personal Property Not Elsewhere 95 Classifying Other Personal Property .. 95 Valuation Guidelines for Other Personal Property .. 96 Aircraft .. 97 Hot Air Balloons.

6 99 Golf Carts .. 1002018 Personal Property Valuation GuideRevised 12/2017 Page vReal Property or Tangible Personal PropertyATVs, Snowmobiles, Off Road Motorcycles, RUVS, Motorized Bicycles (Mopeds).. 101 Valuing marine equipment in the Other subclass: .. 102 Truck Campers and Travel Trailers (Without RV Title) .. 104 Trailers (Non-Business) .. 105 Truck Beds & Bodies (Non-Business) .. 106 Tiny 107 Commercial Machinery & Equipment that is no longer being used .. 107$1500 Exemption for Commercial Equipment: .. 109 Valuing watercraft: .. 109 Proration of Watercraft: .. 110 Prorating the Value of a Watercraft .. 111 Personal Property Filing Penalties .. 118 Glossary of Key Terms .. 1212018 Personal Property Valuation GuideRevised 12/2017 Page viReal Property or Tangible Personal PropertyReal Property or Tangible Personal PropertyIt is the responsibility of the Kansas county appraiser to classify all taxable and exempt real andpersonal Property .

7 ( 79-1459)Classification for the purposes of ad valorem taxation isdelineated in Article 11, Section 1 of the Kansas Constitution. Under this section, Property subjectto taxation is divided into two principle classes; 1) real and 2) tangible Personal Property . Bothclasses contain several subclasses, each with its own assessment see law provides in part, (i)n determining the classification of Property for ad valorem taxpurposes, the county appraiser shall conform to the definitions of real and Personal Property inKansas law and to the factors set forth in the Personal Property Guide devised or prescribed bythe director of Property . 2015 Supp. 79-261(b)(1) 79-102 defines real Property and Personal Property in the following manner: That the terms real Property , real estate, and land .. shall include not only the landitself, but all buildings, fixtures, improvements, mines, minerals, quarries, mineral springsand wells, rights and privileges appertaining thereto.

8 The term Personal Property shall include every tangible thing which is the subject ofownership, not forming part or parcel of real In some instances it can be a difficult task for the county appraiser to determine when Property ispersonal Property or real Property , more specifically when machinery or equipment becomes afixture, hence real Property . The Kansas Supreme Court has long ago recognized the difficulty inseparating real from Personal Property , particularly in regard to fixtures. It is frequently a difficultand vexatious question to ascertain the dividing line between real and Personal Property , and todecide on which side of the line certain Property belongs. Atchison, Topeka & Santa Fe RailroadCo. v. Morgan,42 Kan. 23, 21P. 809, 811 (1889).Where the proper classification of commercial and industrial machinery and equipment is notclearly determined from the definitions of real and Personal Property provided in Kansas law, theappraiser shall use the three part fixture law test as set forth in the Personal Property guideprescribed by the director of Property valuation pursuant to 75-5105a( b), and amendmentsthereto, and shall consider the following:(A)The annexation of the machinery and equipment to the real estate;(B)the adaptation to the use of the realty to which it is attached and determination whetherthe Property at issue serves the real estate; and(C)the intention of the party making the annexation, based on the nature of the itemaffixed; the relation and situation of the party making the annexation; the structure andmode of annexation; and the purpose or use for which the annexation was 2015 Supp.

9 79-261(b)(2)2018 Personal Property Valuation GuideRevised 12/2017 Page viiReal Property or Tangible Personal PropertyThe answer must be YES to all three questions before it can be said that personalproperty has become a fixture and thus part of the real Kansas Court of Appeals has applied the 3-part fixture law test in a case pertaining to thevalue of Property for ad valorem taxation re: Equalization Appeals of Total Petroleum,Inc.,28 Kan. App. 2d 295, 16 981 (2000). This case also illustrates a unique situation wherethe 3-part fixture law test was applied to determine that massive oil tanks and oil refinery towerswere real Property . InTotal Petroleum, the court concluded that the tanks and refinery towerswere real Property after reviewing (1) annexation, (2) adaptability and (3) key factors influencing theTotal Petroleumcourt decision included:1. The massive size of the tanks and towers, and how they were affixed to the land: The tanks were built on-site by transporting huge pieces of sheet metal by semi-trucksand welding the metal into place until 3 thick.

10 The towers were 120 tall and weighed 175,000 lbs. empty, without trays. They wereinstalled 20 below ground in concrete and rebar with 11/2 anchor pedestals, and werebuilt to withstand 100 mph tanks and towers were not portable and were never land on which the tanks and towers were affixed was devoted to the placement of an oilrefinery. Some of the Property associated therewith, including the towers and tanks at issue,were specifically constructed for placement on that particular piece of of the Property (including the tanks and towers) would have to be cut into pieces in orderto be removed from the land. Furthermore, the removal would result in environmentalcontamination of the land, which would have to be Fixture Law TestThe determination of whether Property is real or Personal must be made on a case-by-case three tests that comprise the three-part fixture law test are: (1) annexation; (2) adaptability;and (3) of the machinery and equipment to the real estate:How is the item underconsideration physically annexed to the real Property ?


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