New construction, assessment of upon occupancy, how--payment of taxes,when--county assessor, duties--county option--natural disasters,assessment reduction allowed, effect.
137.082. 1. Notwithstanding the provisions of sections 137.075 and137.080 to the contrary, a building or other structure classified asresidential property pursuant to section 137.016 newly constructed andoccupied on any parcel of real property shall be assessed and taxed on suchassessed valuation as of the first day of the month following the date ofoccupancy for the proportionate part of the remaining year at the tax ratesestablished for that year, in all taxing jurisdictions located in thecounty adopting this section as provided in subsection 8 of this section.Newly constructed residential property which has never been occupied shallnot be assessed as improved real property until such occupancy or the firstday of January of the second year following the year in which constructionof the improvements was completed.
2. The assessor may consider a property residentially occupied uponpersonal verification or when any two of the following conditions have beenmet:
(1) An occupancy permit has been issued for the property;
(2) A deed transferring ownership from one party to another has beenfiled with the recorder of deeds' office subsequent to the date of thefirst permanent utility service;
(3) A utility company providing service in the county has verified atransfer of service for property from one party to another;
(4) The person or persons occupying the newly constructed propertyhas registered a change of address with any local, state or federalgovernmental office or agency.
3. In implementing the provisions of this section, the assessor mayuse occupancy permits, building permits, warranty deeds, utility connectiondocuments, including telephone connections, or other official documents asmay be necessary to discover the existence of newly constructed properties.No utility company shall refuse to provide verification monthly to theassessor of a utility connection to a newly occupied single family buildingor structure.
4. In the event that the assessment under subsections 1 and 2 of thissection is not completed until after the deadline for filing appeals in agiven tax year, the owner of the newly constructed property who isaggrieved by the assessment of the property may appeal this assessment thefollowing year to the county board of equalization in accordance withchapter 138, RSMo, and may pay any taxes under protest in accordance withsection 139.031, RSMo; provided however, that such payment under protestshall not be required as a condition of appealing to the county board ofequalization. The collector shall impound such protested taxes and shallnot disburse such taxes until resolution of the appeal.
5. The increase in assessed valuation resulting from theimplementation of the provisions of this section shall be considered newconstruction and improvements under the provisions of this chapter.
6. In counties which adopt the provisions of subsections 1 to 7 ofthis section, an amount not to exceed ten percent of all ad valoremproperty tax collections on newly constructed and occupied residentialproperty allocable to each taxing authority within counties of the firstclassification having a population of nine hundred thousand or more,one-tenth of one percent of all ad valorem property tax collectionsallocable to each taxing authority within all other counties of the firstclassification and one-fifth of one percent of all ad valorem property taxcollections allocable to each taxing authority within counties of thesecond, third and fourth classifications and any county of the firstclassification having a population of at least eighty-two thousandinhabitants, but less than eighty-two thousand one hundred inhabitants, inaddition to the amount prescribed by section 137.720 shall be depositedinto the assessment fund of the county for collection costs.
7. For purposes of figuring the tax due on such newly constructedresidential property, the assessor or the board of equalization shall placethe full amount of the assessed valuation on the tax book upon the firstday of the month following occupancy. Such assessed valuation shall betaxed for each month of the year following such date at its new assessedvaluation, and for each month of the year preceding such date at itsprevious valuation. The percentage derived from dividing the number ofmonths at which the property is taxed at its new valuation by twelve shallbe applied to the total assessed valuation of the new construction andimprovements, and such product shall be included in the next year's basefor the purposes of figuring the next year's tax levy rollback. Theuntaxed percentage shall be considered as new construction and improvementsin the following year and shall be exempt from the rollback provisions.
8. Subsections 1 to 7 of this section shall be effective in thosecounties including any city not within a county in which the governing bodyof such county elects to adopt a proposal to implement the provisions ofsubsections 1 to 7 of this section. Such subsections shall becomeeffective in such county on the first day of January of the year followingsuch election.
9. In any county which adopts the provisions of subsections 1 to 7 ofthis section prior to the first day of June in any year pursuant tosubsection 8 of this section, the assessor of such county shall, uponapplication of the property owner, remove on a pro rata basis from the taxbook for the current year any residential real property improvementsdestroyed by a natural disaster if such property is unoccupied anduninhabitable due to such destruction. On or after the first day of July,the board of equalization shall perform such duties. Any person claimingsuch destroyed property shall provide a list of such destroyed property tothe county assessor. The assessor shall have available a supply ofappropriate forms on which the claim shall be made. The assessor mayverify all such destroyed property listed to ensure that the person made acorrect statement. Any person who completes such a list and, with intentto defraud, includes property on the list that was not destroyed by anatural disaster shall, in addition to any other penalties provided by law,be assessed double the value of any property fraudulently listed. The listshall be filed by the assessor, after he has provided a copy of the list tothe county collector and the board of equalization, in the office of thecounty clerk who, after entering the filing thereof, shall preserve andsafely keep them. If the assessor, subsequent to such destruction,considers such property occupied as provided in subsection 2 of thissection, the assessor shall consider such property new construction andimprovements and shall assess such property accordingly as provided insubsection 1 of this section. For the purposes of this section, the term"natural disaster" means any disaster due to natural causes such astornado, fire, flood, or earthquake.
10. Any political subdivision may recover the loss of revenue causedby subsection 9 of this section by adjusting the rate of taxation, to theextent previously authorized by the voters of such political subdivision,for the tax year immediately following the year of such destruction in anamount not to exceed the loss of revenue caused by this section.
New construction, assessment of upon occupancy, how--payment of taxes,when--county assessor, duties--county option--natural disasters,assessment reduction allowed, effect.
137.082. 1. Notwithstanding the provisions of sections 137.075 and137.080 to the contrary, a building or other structure classified asresidential property pursuant to section 137.016 newly constructed andoccupied on any parcel of real property shall be assessed and taxed on suchassessed valuation as of the first day of the month following the date ofoccupancy for the proportionate part of the remaining year at the tax ratesestablished for that year, in all taxing jurisdictions located in thecounty adopting this section as provided in subsection 8 of this section.Newly constructed residential property which has never been occupied shallnot be assessed as improved real property until such occupancy or the firstday of January of the second year following the year in which constructionof the improvements was completed.
2. The assessor may consider a property residentially occupied uponpersonal verification or when any two of the following conditions have beenmet:
(1) An occupancy permit has been issued for the property;
(2) A deed transferring ownership from one party to another has beenfiled with the recorder of deeds' office subsequent to the date of thefirst permanent utility service;
(3) A utility company providing service in the county has verified atransfer of service for property from one party to another;
(4) The person or persons occupying the newly constructed propertyhas registered a change of address with any local, state or federalgovernmental office or agency.
3. In implementing the provisions of this section, the assessor mayuse occupancy permits, building permits, warranty deeds, utility connectiondocuments, including telephone connections, or other official documents asmay be necessary to discover the existence of newly constructed properties.No utility company shall refuse to provide verification monthly to theassessor of a utility connection to a newly occupied single family buildingor structure.
4. In the event that the assessment under subsections 1 and 2 of thissection is not completed until after the deadline for filing appeals in agiven tax year, the owner of the newly constructed property who isaggrieved by the assessment of the property may appeal this assessment thefollowing year to the county board of equalization in accordance withchapter 138, RSMo, and may pay any taxes under protest in accordance withsection 139.031, RSMo; provided however, that such payment under protestshall not be required as a condition of appealing to the county board ofequalization. The collector shall impound such protested taxes and shallnot disburse such taxes until resolution of the appeal.
5. The increase in assessed valuation resulting from theimplementation of the provisions of this section shall be considered newconstruction and improvements under the provisions of this chapter.
6. In counties which adopt the provisions of subsections 1 to 7 ofthis section, an amount not to exceed ten percent of all ad valoremproperty tax collections on newly constructed and occupied residentialproperty allocable to each taxing authority within counties of the firstclassification having a population of nine hundred thousand or more,one-tenth of one percent of all ad valorem property tax collectionsallocable to each taxing authority within all other counties of the firstclassification and one-fifth of one percent of all ad valorem property taxcollections allocable to each taxing authority within counties of thesecond, third and fourth classifications and any county of the firstclassification having a population of at least eighty-two thousandinhabitants, but less than eighty-two thousand one hundred inhabitants, inaddition to the amount prescribed by section 137.720 shall be depositedinto the assessment fund of the county for collection costs.
7. For purposes of figuring the tax due on such newly constructedresidential property, the assessor or the board of equalization shall placethe full amount of the assessed valuation on the tax book upon the firstday of the month following occupancy. Such assessed valuation shall betaxed for each month of the year following such date at its new assessedvaluation, and for each month of the year preceding such date at itsprevious valuation. The percentage derived from dividing the number ofmonths at which the property is taxed at its new valuation by twelve shallbe applied to the total assessed valuation of the new construction andimprovements, and such product shall be included in the next year's basefor the purposes of figuring the next year's tax levy rollback. Theuntaxed percentage shall be considered as new construction and improvementsin the following year and shall be exempt from the rollback provisions.
8. Subsections 1 to 7 of this section shall be effective in thosecounties including any city not within a county in which the governing bodyof such county elects to adopt a proposal to implement the provisions ofsubsections 1 to 7 of this section. Such subsections shall becomeeffective in such county on the first day of January of the year followingsuch election.
9. In any county which adopts the provisions of subsections 1 to 7 ofthis section prior to the first day of June in any year pursuant tosubsection 8 of this section, the assessor of such county shall, uponapplication of the property owner, remove on a pro rata basis from the taxbook for the current year any residential real property improvementsdestroyed by a natural disaster if such property is unoccupied anduninhabitable due to such destruction. On or after the first day of July,the board of equalization shall perform such duties. Any person claimingsuch destroyed property shall provide a list of such destroyed property tothe county assessor. The assessor shall have available a supply ofappropriate forms on which the claim shall be made. The assessor mayverify all such destroyed property listed to ensure that the person made acorrect statement. Any person who completes such a list and, with intentto defraud, includes property on the list that was not destroyed by anatural disaster shall, in addition to any other penalties provided by law,be assessed double the value of any property fraudulently listed. The listshall be filed by the assessor, after he has provided a copy of the list tothe county collector and the board of equalization, in the office of thecounty clerk who, after entering the filing thereof, shall preserve andsafely keep them. If the assessor, subsequent to such destruction,considers such property occupied as provided in subsection 2 of thissection, the assessor shall consider such property new construction andimprovements and shall assess such property accordingly as provided insubsection 1 of this section. For the purposes of this section, the term"natural disaster" means any disaster due to natural causes such astornado, fire, flood, or earthquake.
10. Any political subdivision may recover the loss of revenue causedby subsection 9 of this section by adjusting the rate of taxation, to theextent previously authorized by the voters of such political subdivision,for the tax year immediately following the year of such destruction in anamount not to exceed the loss of revenue caused by this section.
New construction, assessment of upon occupancy, how--payment of taxes,when--county assessor, duties--county option--natural disasters,assessment reduction allowed, effect.
137.082. 1. Notwithstanding the provisions of sections 137.075 and137.080 to the contrary, a building or other structure classified asresidential property pursuant to section 137.016 newly constructed andoccupied on any parcel of real property shall be assessed and taxed on suchassessed valuation as of the first day of the month following the date ofoccupancy for the proportionate part of the remaining year at the tax ratesestablished for that year, in all taxing jurisdictions located in thecounty adopting this section as provided in subsection 8 of this section.Newly constructed residential property which has never been occupied shallnot be assessed as improved real property until such occupancy or the firstday of January of the second year following the year in which constructionof the improvements was completed.
2. The assessor may consider a property residentially occupied uponpersonal verification or when any two of the following conditions have beenmet:
(1) An occupancy permit has been issued for the property;
(2) A deed transferring ownership from one party to another has beenfiled with the recorder of deeds' office subsequent to the date of thefirst permanent utility service;
(3) A utility company providing service in the county has verified atransfer of service for property from one party to another;
(4) The person or persons occupying the newly constructed propertyhas registered a change of address with any local, state or federalgovernmental office or agency.
3. In implementing the provisions of this section, the assessor mayuse occupancy permits, building permits, warranty deeds, utility connectiondocuments, including telephone connections, or other official documents asmay be necessary to discover the existence of newly constructed properties.No utility company shall refuse to provide verification monthly to theassessor of a utility connection to a newly occupied single family buildingor structure.
4. In the event that the assessment under subsections 1 and 2 of thissection is not completed until after the deadline for filing appeals in agiven tax year, the owner of the newly constructed property who isaggrieved by the assessment of the property may appeal this assessment thefollowing year to the county board of equalization in accordance withchapter 138, RSMo, and may pay any taxes under protest in accordance withsection 139.031, RSMo; provided however, that such payment under protestshall not be required as a condition of appealing to the county board ofequalization. The collector shall impound such protested taxes and shallnot disburse such taxes until resolution of the appeal.
5. The increase in assessed valuation resulting from theimplementation of the provisions of this section shall be considered newconstruction and improvements under the provisions of this chapter.
6. In counties which adopt the provisions of subsections 1 to 7 ofthis section, an amount not to exceed ten percent of all ad valoremproperty tax collections on newly constructed and occupied residentialproperty allocable to each taxing authority within counties of the firstclassification having a population of nine hundred thousand or more,one-tenth of one percent of all ad valorem property tax collectionsallocable to each taxing authority within all other counties of the firstclassification and one-fifth of one percent of all ad valorem property taxcollections allocable to each taxing authority within counties of thesecond, third and fourth classifications and any county of the firstclassification having a population of at least eighty-two thousandinhabitants, but less than eighty-two thousand one hundred inhabitants, inaddition to the amount prescribed by section 137.720 shall be depositedinto the assessment fund of the county for collection costs.
7. For purposes of figuring the tax due on such newly constructedresidential property, the assessor or the board of equalization shall placethe full amount of the assessed valuation on the tax book upon the firstday of the month following occupancy. Such assessed valuation shall betaxed for each month of the year following such date at its new assessedvaluation, and for each month of the year preceding such date at itsprevious valuation. The percentage derived from dividing the number ofmonths at which the property is taxed at its new valuation by twelve shallbe applied to the total assessed valuation of the new construction andimprovements, and such product shall be included in the next year's basefor the purposes of figuring the next year's tax levy rollback. Theuntaxed percentage shall be considered as new construction and improvementsin the following year and shall be exempt from the rollback provisions.
8. Subsections 1 to 7 of this section shall be effective in thosecounties including any city not within a county in which the governing bodyof such county elects to adopt a proposal to implement the provisions ofsubsections 1 to 7 of this section. Such subsections shall becomeeffective in such county on the first day of January of the year followingsuch election.
9. In any county which adopts the provisions of subsections 1 to 7 ofthis section prior to the first day of June in any year pursuant tosubsection 8 of this section, the assessor of such county shall, uponapplication of the property owner, remove on a pro rata basis from the taxbook for the current year any residential real property improvementsdestroyed by a natural disaster if such property is unoccupied anduninhabitable due to such destruction. On or after the first day of July,the board of equalization shall perform such duties. Any person claimingsuch destroyed property shall provide a list of such destroyed property tothe county assessor. The assessor shall have available a supply ofappropriate forms on which the claim shall be made. The assessor mayverify all such destroyed property listed to ensure that the person made acorrect statement. Any person who completes such a list and, with intentto defraud, includes property on the list that was not destroyed by anatural disaster shall, in addition to any other penalties provided by law,be assessed double the value of any property fraudulently listed. The listshall be filed by the assessor, after he has provided a copy of the list tothe county collector and the board of equalization, in the office of thecounty clerk who, after entering the filing thereof, shall preserve andsafely keep them. If the assessor, subsequent to such destruction,considers such property occupied as provided in subsection 2 of thissection, the assessor shall consider such property new construction andimprovements and shall assess such property accordingly as provided insubsection 1 of this section. For the purposes of this section, the term"natural disaster" means any disaster due to natural causes such astornado, fire, flood, or earthquake.
10. Any political subdivision may recover the loss of revenue causedby subsection 9 of this section by adjusting the rate of taxation, to theextent previously authorized by the voters of such political subdivision,for the tax year immediately following the year of such destruction in anamount not to exceed the loss of revenue caused by this section.
