According to 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. 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)
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 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)
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.”
Personal Property to Report
- Trucks and pickups tagged 16,000 pounds or more.
- Cars, trucks, pickups, and motorcycles with expired tags or non-highway.
- Mopeds, 3-wheelers, snowmobiles, golf carts, and dune buggies.
- Travel trailers, camping trailers, and fifth-wheels that are NOT SELFCONTAINED.
- Flatbed and utility trailers.
- Mobile homes that are not considered Real Estate
- Boats, boat motors, boat trailers, and boat cradles.
- Construction equipment.
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 . . . . . . . . . . . . . . 11.5%
(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 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 ( *motor vehicles valued under KSA 79-5100 series). . . . . . . . . . . . 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-linedepreciation 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%
Watercraft, any vessel requiring numbering and mechanically propelled, pursuant to KSA 32-1110, amendments thereto. And each watercraft may include one trailer which is designed to launch, retrieve, transport and store such watercraft and any nonelectric motor or motors which are necessary to operate such watercraft on the water. . . . . . . . 11.5% for 2014. . . . . . . .5% for tax year 2015 and all years after.
Beyond the scope of this publication. Contact the County Appraiser’s office for more information. Information in this publication does not apply to state-assessed property.
Penalties applied 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-l422 and 79-1427(a) as follows:
|Date Rendition Filed:||Penalty:|
|Filed on March 16 - April 15||5%|
|Filed on April 16 - May 15||10%|
|Filed on May 15 - June 15||15%|
|Filed on June 16 - July 15||20%|
|Filed on or after July 16 - March 15 the following year||25%|
|Failure to file full and completed statement within one year||50%|
|Fail to file, omitted or under-reported for more than one year||50%|
Penalty Appeal Rights
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.