ALABAMA DEPARTMENT OF REVENUE

ADMINISTRATIVE CODE

CHAPTER 810-4-1 AD VALOREM TAX

TABLE OF CONTENTS

810-4-1-.01 Current Use Valuation-Departmental Rule

810-4-1.01.01 Current Use Valuation Of Class III Agricultural And Forest Properties (Repealed 12/7/04)

810-4-1-.02 Implementation Plan For Updating Of Value-Directive Issued Under The Authority Of The Provisions Of The Code Of Ala. 1975, §§40-7-60 Through 40-7-64, And By Order Of The Commissioner Of Revenue June 13, 1980

810-4-1-.03 Improvement Type Codes-Revaluation Program (Repealed 12/7/04)

810-4-1-.04 Valuation And Assessment Of Personal Property

810-4-1-.05 Revaluation Program-Rural Land Classification (Repealed 12/7/04)

810-4-1-.06 Revaluation Program-Valuation Of Metal Buildings (Repealed 12/7/04)

810-4-1-.07 Valuation Of Mobile Homes (Repealed 3/2/98)

810-4-1-.08 Annual Publication Of Uniform Motor Vehicle Valuation Manual By The Property Tax Division Of The Department Of Revenue; And Applicable Procedures (Repealed 12/7/04)

810-4-1-.09 Valuation Of Aircraft

810-4-1-.10 Exemption Of Household Furniture, Appliances, Other Personal Property When Owned By An Individual For Personal Use In The Home

810-4-1-.11 Reserved

810-4-1-.12 Requirements For Reporting And Assessing Business Personal Property

810-4-1-.13 Exemption Of Personal Property Associated With Farms Or Farming Operations

810-4-1-.14 Requirements For Landowners To Report The Names And Addresses Of Mobile Homeowners On Their Land (Repealed 12/7/04)

810-4-1-.15 Distinction Between Flowlines, Gathering Lines And Pipelines For Assessment Of Business Personal Property Of The Oil And Gas Industry

810-4-1-.16 Commercial Mobile, Portable, And Permanent Modular Units

810-4-1-.17 Assessment Procedures For The Valuation Of Public Utility And Railroad Property In The State Of Alabama

810-4-1-.18 Synchronization Of Taxation And Registration System - Assessment Procedures

810-4-1-.20 Specifications For Legal Advertising By County Tax Collecting Officials In Conjunction With Ad Valorem Tax Delinquencies

810-4-1-.22 Assessment Of Tangible Personal Property Held Under Lease Or Conditional Sales

810-4-1-.01 Current Use Valuation-Departmental Regulations.

(1) Purpose - This rule is issued pursuant to authority contained in Code of Ala. 1975, §40-7-25.1, 40-7-25.2 and 40-7-25.3 relating to current use value of eligible Class III property. This rule is issued for the purpose of establishing the method and procedures of determining current use valuation of single-family owner-occupied dwelling and historical buildings and sites.

(2) Application - Application for current use valuation of Class III property must be filed with the county assessing official on or before January 1 in any taxable year. If an application is for property consisting of five acres or less, the tax assessing official may require the submission of additional data as necessary to verify the use of the property. The additional data may include site management plans from the Alabama Forestry Commission, photographs and surveys or verification from the county farm agent or United States Soil Conservation Service. If the current use is granted upon application, the owners of such property shall not be required to file subsequent application for the applicable property. New owners of eligible Class III property must file a timely request for current use value in order to be entitled to current use valuation.

(3) Methods and procedures for determining current use valuation:

(a) Residential property - The following procedures will be used by the county assessing official in determining the current use valuation of the following property, where a timely request has been filed:

1. Comparative fair and reasonable market value will be used for single-family owner-occupied dwelling where such property's location makes its "highest and best use" something other than residential property (e.g. commercial or industrial).

2. The land will be valued according to comparable residential land value of property, excluding that part of its value which is attributable to its possible use other than owner-occupied dwelling. Improvement will be valued as residential improvement.

(b) Historical buildings and sites - Historical buildings and sites which are listed in the national register of historic places in accordance with paragraph 3 of this rule will be valued according to current use as follows:

1. The improvement will be valued according to replacement method of similar residential or commercial properties not including architectural features which make it a significant landmark.

2. The land will be valued according to similar residential property or commercial property depending on the use of the historical building site as other similar property within the neighborhood, i.e., if being used for residential use, the land will be valued according to similar residential lots in the neighborhood or if being used for commercial purposes, the land will be valued according to land that is being used for commercial use within the same neighborhood.

(4) Conversion - The tax assessing official shall be notified no later than January 1 if the sale or other disposition of property valued at its current use value is followed by a conversion of the property to a use not qualified for current use valuation within two years of the date of sale or other disposition, or, if property valued at its current use value is converted to a use not qualified for current use. The tax assessing official shall then revalue such property in accordance with Code of Ala. 1975, Sections 40-7-15 and 40-7-25 and determine any additional ad valorem taxes that would have been levied had the property not had current use. The additional ad valorem taxes will be based on the sales price of the property or its fair and reasonable market value at the time of conversion, whichever is greater. The additional ad valorem taxes will be for the three year period preceding the tax year beginning October 1 following the conversion of the property, where applicable, and will become a lien on October 1 next succeeding the conversion.

(5) Notice of Current Use Value. The county assessing official shall notify the owners of Class III property of the current use values placed upon their property, and the owner has thirty days after receiving such notice to submit to the assessor a statement outlining any errors in such current use valuation. The assessor shall review such statement and determine whether the value satisfactorily represents the current use value of property. The county official may require the owner to submit satisfactory evidence which will indicate the proper soil group applicable to the property in question as provided in Act 82-302, Section 1,(b) (1).

Author: Derrick Coleman

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-64, 40-11-1.5

History: Adopted May 25, 1982. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1.01.01 Current Use Valuation Of Class III Agricultural And Forest Properties. (Repealed)

Author: Derrick Coleman

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-25.01.

History: Repealed: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.02 Implementation Plan For Updating Of Value-Directive Issued Under The Authority Of The Provisions Of The Code of Ala. 1975, §§40-7-60 Through 40-7-64, And By Order Of The Commissioner Of Revenue June 13, 1980.

(1) Order of the Commissioner of Revenue - The order of the Commissioner of Revenue requires the following:

(a) That each county assessing official and the chairman of the board of equalization of Jefferson County appraise all property located in the county according to its fair and reasonable market value as of October 1, 1980.

(b) The updating of value to October 1, 1980, shall be completed not later than September 30, 1982.

(c) Property appraised as to market value as of October 1, 1980, shall become the basis of assessment of such property in each of the several counties not later than October 1, 1982.

(d) The appraisal program shall be carried out and managed by the county assessing officials, except Jefferson County which will be managed by the chairman of the board of equalization.

(e) The county assessing official and the chairman of the board of equalization of Jefferson County shall comply with the guidelines, procedures and standards established by the Department of Revenue and will be responsible for successfully completing the valuation program required by the order of the Commissioner of Revenue.

(f) The County Commission, through its respective county assessing officials, and in the case of Jefferson County, through its chairman of the board of equalization, shall begin the appraisal program in their county as of August 1, 1980.

(2) Method of appraisal - The valuation procedure will be in accordance with the Alabama Appraisal Manual, any supplements to such manual and any division or field directives issued by the Ad Valorem Tax Division of the Department of Revenue to clarify or establish procedures for purpose of administration.

(a) Valuation of improvements - Improvements will be valued as of October 1, 1980, based on replacement cost new less depreciation.

(b) Land valuation - All lands, rural, suburban, urban, residential, commercial and industrial will be valued as of October 1, 1980, based on current market value.

(c) All market studies involving construction, data collection, analysis, correlation and review will be in accordance with the market data study procedures published by the Ad Valorem Tax Division as a supplement to the Alabama Appraisal Manual.

(d) The Ad Valorem Tax Division, shall review all studies involving construction costs new, indexes obtains by such studies, all land value studies, and schedules. Upon mutual agreement between the Department, and the chairman of the board of equalization Jefferson County, and each of the other county assessing officials, the index or indexes and land values shall then be applied in the valuation of property as of October 1, 1980.

(3) Manpower - It is the Commissioner of Revenue’s stated policy that the updating of value required in his order will be performed and completed by qualified county appraisers and mappers.

(a) The suggested qualifications and experience for county appraisers and mappers published by the Department May, 1980, should be followed by the counties in the employment of new and additional personnel. Each county will require an experienced appraiser.

(b) The Department of Revenue will conduct with the County Commission, chairman, board of equalization Jefferson County, and each county assessing official regarding manpower requirements and any manpower plan which will reduce the cost of the program.

(c) The County Commission may employ, subject to approval of the Department, additional personnel determined to be necessary and needed to carry out the order of the Commissioner of Revenue to meet the completion date, including personnel to be employed on a temporary basis.

(d) The Commissioner of Revenue, through the Ad Valorem Tax Division, will assign one valuation analysts to each county. This analysts will work closely in conjunction with the county personnel advising and assisting in the updating of value program, consult with the county official charged with the appraisal responsibilities regarding adherence to standards and procedures and insure timely completion of the program in each county.

(4) In accordance with the provisions of the Code of Ala. 1975, §40-7-68, the Commissioner of Revenue has stated it is the policy of the Department that the cost of the updating of value of each county will be limited to that amount approved in previous years for maintenance contracts, or for budgets for in-house maintenance.

(a) Budgets - All county officials charged with the responsibility of carrying out the appraisal and mapping program shall confer with the County Commission and submit a budget, approved by the County Commission, to the Department on or about August 1, 1980, but not later than August 15, 1980.

1. The budget will include the cost for salaries, fringe benefits and all other expenses separated by items and cost. At the same time a preliminary budget will be submitted in the same manner for the fiscal year 1981-1982.

2. The Department will review the budget submitted by each county and resolve any problems relating to any items and/or costs.

3. The Department of Revenue will approve the final budget and return same to the County Commissioner and other respective county officials.

4. Each county assessing official and the chairman of the board of equalization Jefferson County shall submit monthly expenditures included in the approved budget on invoice forms prepared and distributed by the Ad Valorem Tax Division.

5. The Department will approve the final budgets and authorize the tax collector to withhold from each ad valorem tax fund its pro rata share necessary to pay the cost of the mapping and appraisal for the fiscal year 1980-1981. The county treasurer, upon receiving such funds from the county tax collector should deposit the funds into a special county fund for purpose of disbursement and audit by the Examiner of Public Accounts.

6. It is recommended that any county having funds approved for transportation and mileage, that a daily log be maintained and the appraisers and mappers be required to submit a daily report showing obligations of the transportation/mileage account. Such log and daily report shall be maintained by the respective county officials for purpose of audit.

7. The Department of Revenue may have printed property record cards or adhesive labels to be applied to the property record cards, or such records that may be printed at a cheaper cost than if printed by each of the several counties. If such records are furnished to the county, the Department shall invoice the county for the cost of such records.

8. Where the Department furnishes mappers and/or appraisers to any county to perform duties required by the order of the Commissioner of Revenue, the Ad Valorem Tax Division shall invoice the county for the cost of such services and expenses, including supplies and materials on a monthly basis to be paid by the county to the Department of Revenue.

9. The Commissioner of Revenue, through the Ad Valorem Tax Division, as a matter of cooperative effort with the counties, any provide appraisers and mappers in those counties which will not require full time appraisal and mapping personnel to achieve the updating of value program. The cost of such services and expenses will be reimbursed in accordance with paragraph (4)(a)8 above.

(5) Education and training - All personnel employed by the county as Appraiser I, and at the option of the county, Appraiser II, shall attend, at the cost of the county, an appraisal course sponsored and presented by the Ad Valorem Tax Division, Department of Revenue, for approximately one week. This course will be conducted by the Ad Valorem Tax Division. The final examination shall be prepared and administered by the Ad Valorem Tax Division to evaluate the knowledge and potential capabilities of the students attending the course. The Department of Revenue shall also sponsor continuing professional education courses to provide the counties increased professionalism in the appraisal functions. The costs of such courses and expenses will be paid by the County Commission. The Ad Valorem Tax Division shall provide periodic seminars to county personnel in order that the standards and procedures are clearly presented and understood by county personnel.

(6) Document requirements - The county assessing official and the chairman of the board of equalization Jefferson County will obtain the following documents through October 1, 1980, no later than November 15, 1980.

(a) All vesting instruments recorded in the office of the Judge of Probate not previously received.

(b) All plats or subdivisions recorded in the office of the Judge of Probate through October 1, 1980, not previously received.

(c) All building permits from each city or town in the county through October 1, 1980, which have not previously been obtained.

(d) All septic tank permits issued through October 1, 1980, by the county health officer which have not previously been obtained.

(e) Each county assessing official and the chairman of the board of equalization Jefferson County will make arrangements with the Judge of Probate, municipal and county authorities to obtain the documents on a monthly basis thereafter.

(f) It will be necessary that each county official, charged with appraisal responsibilities established a continuing market data collection system of property sold, sales price, address and location of the properties. Each county official is requested to subscribe to any local publication which provides a list of property sold with the sales price, location and other related data. The above county officials will then post the sales price and data to the parcel involved in the sale to maintain a historical sales record on each parcel. Those counties not on a computer will record on each parcel. Those counties not on a computer will record the sales transactions and sales price, date and other data on the property record card. The department of Revenue, as a matter of assistance to the above county officials, will provide a Dodge Report listing new construction in the state, however, the construction cost must be verified. The Department will provide to the county sales of single-family residences with sales price and other data as reported by Society of Real Estate Appraisers Association. Construction of multiple-family units will be provided to the county. This publication lists the mortgage, which represents 90% of the total contract price. This publication will be provided to the county on a semiannual basis.

(7) Functions, responsibilities and completion schedules. Paragraph 7 represents an amendment to the implementation plan for updating of value dated July 3, 1980. The date of this amended paragraph 7 is August 13, 1980.

FUNCTIONS BEGIN COMPLETE

(a) Established index or indexes to value improvements 10/1/80 12/31/80

(b) Market study of land 10/1/80 3/31/81

(c) Field review by geographical order. Maintenance updating should be performed simultaneous and in conjunction with the field review. Field review should begin in the cities where the concentration of parcels are located. The review should be made by geographical area. In other words, subdivision, section or township.

1. Review all parcels with copy of current ownership mapping.

2. Check improvements for sketch accuracy, type of building and materials, class of improvements, effective age and condition.

3. Measure alterations or additions to improvements.

4. Measure and list all improvements not shown on PRC (property record card).

5. Determine if improvements are correct.

6. Determine whether land lines are correctly drawn on maps. Identify splits and new subdivisions for valuation.

7. Change all descriptions in error.

8. Check land soil class and subclass for correctness, topography and use.

9. Check type of building such as single-family, multiple-family office, medical office, retail, etc.

10. Review property records cards for correctness of data shown including owner and address. Change or prepare property record cards for splits and new subdivisions.

11. Enter units of value for land on each property record card as field reviews are completed, in other words, front foot, square foot, acreage. Check to be sure that the cards show the total number of acreage and dimensions.

12. Deliver to office property records cards with maps with all notes regarding changes. Changes affecting the parcels should be entered under the notes section of the PRC.

(d) Computation of improvement values by geographical area as field reviews are completed. 1/1/81 1/31/82

(e) Calculation of land values by geographical order as field reviews are completed. 4/1/81 1/31/82

(f) Final review and correlation of values by geographical area as calculation of land and improvement values are completed. 5/1/81 2/15/82

(g) Deliver property records cards with completed market value to county assessing official as final reviews are completed by geographical area. 6/1/81 3/1/82

(h) Prepare 1982 assessments based on updated value. 7/1/81 3/31/82

(i) Mail notices of assessed values to property owners. Notice should be in the form of the new assessment giving property owners 10 days to protest to the board of equalization. 4/15/82 4/17/82

(j) Board of equalization hearings. 5/1/82 8/1/82

(k) Change 1982 assessments as board of equalization completes daily hearings or fixed a changed value. 5/15/82 8/5/82

(l) Complete abstract to tax collector. 9/15/82

(m) County assessment sales ratio study 9/1/81 11/15/82

(8) General:

(a) All county mapping personnel shall proceed with all deliberate speed to bring all maps and ownership records, including cost, index cards, to current as of October 1, 1980, for appraisal and determination of boundary lines and on a continuing basis thereafter.

(b) Counties having a contract for maintenance of ownership and appraisal through October 1, 1980, must impress upon the contractor the necessity for the early completion of the contract.

(c) The field review will be used as an opportunity by the county officials to eliminate the existing errors, omissions and discrepancies in their records.

Author:

Statutory Authority: Code of Ala. 1975, §§40-7-60 through 40-7-64.

History:

810-4-1-.03 Improvement Type Code-Revaluation Program. (Repealed)

Author: Monica Mason

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5).

History: Repealed: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.04 Valuation And Assessment Of Personal Property.

(1) The Property Tax Division of the Department of Revenue has established the following procedures for determining the market value and the assessed value of tangible personal property. In order to achieve uniformity throughout the State of Alabama in arriving at the market and assessed value, these procedures must be followed.

(a) The market value of all tangible personal property will be determined by using the procedures set forth in the Alabama Personal Property Appraisal Manual, as it may be amended from time to time.

(b) Tangible personal property falls into Class 2 property and is therefore assessed at 20% of its market value.

(2) The above procedures will be used to determine the proper market value and assessment of all tangible personal property. Nothing, however, in this rule shall affect the reporting, valuation and assessment of manufactured homes as provided in Section 40-11-1c(2), Code of Ala. 1975, nor the reporting, valuation and assessment of that property as provided in Article 1, Chapter 21, Title 40, Code of Ala. 1975, nor the reporting, valuation and assessment of that property as provided in Article 5, Chapter 12, Title 40, Code of Ala. 1975.

Authors: Will Martin, Jennifer Hughes

Statutory Authority: Code of Ala. 1975, §§40-7-61, 40-7-64.

History: Adopted October 7, 1980. Amended: Filed September 9, 1999; effective October 14, 1999. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.05 Revaluation Program-Rural Land Classification. (Repealed)

Author: Monica Mason

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-61, 40-7-64.

History: Effective August 14, 1980. Repealed: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.06 Revaluation Program-Valuation Of Metal Buildings. (Repealed)

Author: Monica Mason

Statutory Authority: Code of Ala. 1975, §§40-7-61, 40-7-64.

History: Issued December 17, 1980. Repealed: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.07 Valuation Of Mobile Homes. (Repealed)

Author:

Statutory Authority: Code of Ala. 1975, §§40-7-61, 40-7-64.

History: Repealed: Filed January 26, 1998; effective March 2, 1998.

810-4-1.08 Annual Publication Of Uniform Motor Vehicle Valuation Manual By The Property Tax Division Of The Department Of Revenue; And Applicable Procedures. (Repealed)

Author: Monica Mason

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-64.

History: Adopted April 6, 1984; effective October 1, 1984. Amended: Filed June 24, 1997; effective July 29, 1997. Amended: Filed September 9, 1999; effective October 14, 1999. Repealed: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.09 Valuation Of Aircraft.

(1) PURPOSE - This rule is issued pursuant to the authority contained in Section 40-7-64, Code of Ala. 1975, for the purpose of establishing guidelines and procedures for the valuation of aircraft, except public utility aircraft and commercial air carriers, for ad valorem tax purposes.

(2) PROCEDURES - To ensure the equitable taxation of aircraft in the State of Alabama, the following procedures shall be used for valuing aircraft as of October 1 of each tax year.

(a) The Property Tax Division shall provide annual aircraft valuation guides to county tax assessing officials charged with the duty of assessing aircraft.

(b) Each county official charged with the duty of assessing aircraft shall use the valuation guides provided by the department each year in the appraisal of aircraft for the purpose of assessing aircraft for ad valorem taxation.

(3) GUIDELINES FOR THE ASSESSMENT OF AIRCRAFT SHALL BE:

(a) All aircraft are assessed as Class II property (20% of market value).

(b) The retail value in the valuation guide provided by the Department of Revenue shall be the basis for determining the market value of the aircraft. The market value shall be 89% of the retail value of the aircraft, adjusted for condition, avionics, etc., to arrive at a fair market value.

(c) The purchase price, plus any additional cost for rebuilding or modifications, will be the basis of assessed value when a value is not provided in the valuation guide. The assessed value will be determined by taking 20% of the total cost. However, the assessed value shall not go below the $500 minimum assessed value for aircraft.

(d) Airplanes used exclusively for the purpose of crop dusting are exempt from ad valorem tax. A taxpayer should claim the exemption at the time the property is assessed.

(e) Aircraft are to be assessed in the county in which the aircraft is generally based, departs from, and returns to in its normal operation. The tax lien attaches to all aircraft with situs in the state on October 1 for collection one year later. If an aircraft is not physically in the state on October 1, this does not mean the aircraft is not taxable for the entire year. If the aircraft is normally kept in the state, even though it may have been out of the state on October 1, it would be taxable.

(f) An aircraft dealer who claims aircraft on the return as inventory should also provide the county with the following information as it relates to the business: Section 315 license number, sales tax resale number, number of sales in the preceding 36 months, other counties in the state where inventory is located, and a detailed listing of the inventory in the county in the state where inventory is located, and a detailed listing of the inventory in the county where the return is filed, including year, make, model, and N number.

(g) The tax lien shall attach to "kit" or "self-assembled" aircraft at the time it is inspected and approved as airworthy. Prior to inspection and approval as airworthy, the market value of the "parts" will be their cost and the cost will be used as the basis each year until the inspection and approval of airworthiness is achieved. The cost will be indexed using the index using the index factors for the October 1 of each tax year in which the parts are reported.

(h) Any aircraft that is reported as not airworthy is subject to property tax on the lien date of October 1 each year. The market value as determined in (3)(b) will be reduced by the cost to cure the aircraft’s deficiency. This is the adjusted market value subject to tax. The cost to cure the deficiency will be determined by the appraiser based on:

1. Documented statement from licensed aircraft mechanic.

2. Physical inspection of the aircraft.

(i) Hot Air Balloons shall be valued according to the procedures in the Alabama Personal Property Appraisal Manual, as it may be amended from time to time.

Author: Jennifer Hughes

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-64.

History: Original rule filed April 6, 1984, effective October 1, 1984. Amended: Filed January 26, 1998; effective March 2, 1998. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.10 Exemption Of Household Furniture, Appliances, Other Personal Property When Owned By An Individual For Personal Use In The Home.

(1) Purpose - This rule is issued for the purpose of defining the property exempted by the personal use exemptions for the home contained in Code of Ala. 1975, §§40-9-1(11) and 40-9-1(18).

(2) For the purpose of this rule, the definition of household goods shall be:

(a) Household Goods – furnishings, appliances, utensils, and other tangible personal property used in or around a residence by the owner and their guests and not used for business purposes.

(3) Procedures - The assessing official shall make the property tax assessments by listing the home and the land and applying the proper homestead exemption. The taxpayer is not required to list or assess any household goods used exclusively for personal use in the home, nor is he required to list or assess items used exclusively for personal use around the outside of the home, such as lawn mowers, household goods, and personal tools. Nothing in this Rule shall affect the taxation of mobile homes as provided in Code of Ala. 1975, §40-11-1(c)(2), nor the taxation of that property taxed by Code of Ala. 1975, Article 5, Chapter 12, Title 40.

Author: Jennifer Hughes

Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), 40-2-11.

History: Adopted as emergency rule No. 810-4-1-.10-.02 ER, December 13, 1988. Emergency rule effective through April 11, 1989. Filed January 20, 1989; March 20, 1989. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.11 Reserved.

810-4-1-.12 Requirements For Reporting And Assessing Business Personal Property.

(1) Purpose - To establish guidelines and procedures for reporting and assessing business personal property pursuant to Section 40-7-14, Code of Ala. 1975.

(2) Every individual, firm or corporation owning business personal property in Alabama on October 1 of each year must provide a complete itemized listing of all such property to the local assessing official in the taxing jurisdiction in which the property is located. This list must be submitted between October 1 and December 31 of each year. The list must include a description of the property along with its acquisition date and acquisition cost.

(3) A copy of the depreciation schedule utilized in preparing the taxpayer’s Alabama or federal income tax return listing the property owned by the taxpayer at the close of the fiscal year next preceding October 1 of the year for which the assessment is to be made may be accepted as a listing of the taxpayer’s business personal property. The depreciation schedule must include each property’s acquisition date and cost as well as all property whose depreciated value is zero, but which is still owned by the taxpayer on October 1 of the year for which the assessment is made. The depreciation schedule must be adjusted for additions and deletions so that it will contain property owned by the business on the October 1 lien date.

(4) Property grouped on the depreciation schedule in categories, such as furniture and fixtures, office equipment, machinery and equipment, etc., must be itemized so as to conform with the requirements of paragraph 3 hereof.

(5) Assets which are expensed rather than capitalized for income tax purposes and are not included on the depreciation schedule must be added to the taxpayer’s listing of personal property so that all personal property owned by the taxpayer on the October 1 lien date is reported.

(6) Nothing in this rule shall affect the reporting and assessing of manufactured homes as provided in Section 40-11-1 (c)(2), Code of Ala. 1975, nor the reporting and assessing of that property as provided in Article 1, Chapter 21, Title 40, Code of Ala. 1975, nor the reporting and assessing of that property as provided in Article 5, Chapter 12, Title 40, Code of Ala. 1975.

Author: Will Martin, Property Tax Division

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-2-11.

History: Filed March 29, 1991; June 14, 1991. Amended: Filed September 9, 1999; effective October 14, 1999. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.13 Exemption Of Personal Property Associated With Farms Or Farming Operations.

(1) Purpose - This rule is issued for the purpose of defining the property exempted by farm property exemptions contained in Sections 40-9-1(11) and 40-9-1(22), Code of Ala. 1975.

(2) Definitions – For the purpose of this rule, the definition of farm tractor, farming implement, and farm tool shall be:

(a) Farm Tractor - includes every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines and other implements of husbandry.

(b) Farm Implement - an instrument or device drawn by a farm tractor, designed and used exclusively in connection with agricultural and forest property as defined in Section 40-8-1(b)(3) in the planting, growing, and harvesting of crops or timber and all other agricultural, horticultural or animal husbandry uses. As directed in Attorney General Opinion 92 – 00093, the term "farm implement" shall include any aircraft and the related equipment used exclusively to dust crops.

(c) Farm Tool – includes all tools used by the owner exclusively for the maintenance and repair of the owner’s farm tractors and farming implements.

(d) Agricultural Property – real property used for raising and harvesting of crops, or for the feeding, breeding, management, and raising of livestock, including beef cattle, sheep, swine, horses, ponies, mules, poultry, fur bearing animals, honeybees and fish; for dairying; or for any other agricultural, horticultural, aquaculture or animal husbandry use, or any combination thereof.

(e) Forest Property – real property used for the planting, growing and harvesting of timber.

(3) The exclusive use provisions of this rule shall not be interpreted as negated by the owner’s incidental use of any farm tractor, farm implement or farm tool for a purpose other than listed above, as long as such incidental use is not for hire or rent.

(4) No taxpayer shall be required to list or assess for property tax purposes any "farm tractor" as that term is defined in paragraph (2)(a) of this rule when used by the owner exclusively in connection with agricultural or forest property as defined in paragraph (2)(d) and (e) of this rule.

(5) No taxpayer shall be required to list or assess for property taxation any "farm implements" as that term is defined in (2)(c) of this rule when used by the owner exclusively in connection with agricultural or forest property as defined in (2)(d) and (e) of this rule.

(6) No taxpayer shall be required to list or assess for property taxation any "farm tools" as that term is defined in (2)(c) of this rule when used by the owner exclusively for the maintenance and repair of the owner’s farm tractors and farming implements.

(7) Nothing in this rule shall prevent any tax assessing official or the Department of Revenue from requiring the owner of any farm tractor, farm implement, or farm tool to provide a complete listing of all assets claimed exempt under the provisions of this rule.

(8) Nothing in this rule shall affect the taxation of manufactured homes as provided in Section 40-11-1(c)(2), Code of Ala. 1975, nor the taxation of that property upon which a tax is levied by Article 5, Chapter 12, Title 40, Code of Ala. 1975, other than farm tractors as defined herein.

Author: Will Martin, Property Tax Division

Statutory Authority: Code of Ala. 1975, §40-2-11.

History: Adopted as emergency rule No. 810-4-1-.13-.03 ER, December 13, 1988. Emergency rule effective through April 11, 1989. Filed January 20, 1989; March 20, 1989. Amended: Filed September 9, 1999; effective October 14, 1999. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.14 Requirements For Landowners To Report The Names And Addresses Of Mobile Homeowners On Their Land. (Repealed)

Author: Monica Mason

Statutory Authority: Code of Ala. 1975, §40-7-1(c).

History: Filed May 21, 1990; August 22, 1990. Repealed: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.15 Distinction Between Flowlines, Gathering Lines And Pipelines For Assessment Of Business Personal Property Of The Oil And Gas Industry.

(1) Purpose: To establish guidelines and procedures for reporting and assessing business personal property used in the oil and gas industry.

(2) Flowlines: In small oil or gas fields, flowlines typically serve one wellhead. Flowlines carry the fluids or gas from the wellhead to and in-between individual vessels in separation, treating, heating, dehydrating, compression, pumping or other processing equipment generally located at or near the well site. In multiple well fields producers more commonly lay flowlines from individual wells to a central facility to perform future production processes.

(3) Gathering lines: Gathering lines can and do perform some of the same functions as flowlines, the principal difference being that flowlines are a network of lines tied to individual wells or equipment which move wellhead fluids or gas to the first point of accumulation of the same lines from like wells or equipment. Gathering lines are tied to the flowlines through an intermediary manifold and are the next segment of the gathering system. If separation, treating, heating, dehydrating, compression, pumping or other processing has not occurred along the flowline before the fluid or gas is gathered, then the gathering lines will transport the fluids or gases through a processing point such as a central facility. After the oil or gas is processed through the central facility, it must be moved to a point where it can be sold and/or access a common carrier pipeline.

(4) Common Carrier Pipeline: A pipeline operated for the purpose of transporting a product from a producer to a user, refiner, purchaser or other owner, usually for a fee or tariff.

(5) For the purposes of ad valorem taxation, flowlines and gathering lines owned and controlled by the owner or owners of the wells are to be locally assessed as Class II business personal property in a like manner as other production equipment located at the well.

(6) Gathering lines which transport oil or gas of persons other than the owners of the wells for either a fee or tariff shall be considered common carriers and will be centrally assessed by the State Revenue Department as Class I pipeline property.

(7) All common carrier pipelines will be assessed by the State Revenue Department as Class I utility pipelines.

Author: Will Martin

Statutory Authority: Code of Ala. 1975,

History:

810-4-1-.16 Commercial Mobile, Portable, And Permanent Modular Units.

(1) PURPOSE - This rule is issued pursuant to authority contained in Section 40-7-64, Code of Ala. 1975, for the purpose of establishing guidelines and procedures for the uniform assessment of Commercial Mobile, Portable, and Modular Units.

(2) DEFINITIONS - For the purpose of this rule, the definition of a Commercial Mobile, Portable, and Modular unit shall be:

(a) Commercial Mobile Unit - A structure, transportable in one or more sections, which is built on steel frames and is mounted on axles and wheels for the purpose of transporting the unit to and from temporary locations. It is designed specifically for use as a temporary place of business, storage, or other commercial purpose, by the owner, lessee, or assigns, and may consist of one or more units that can be attached or joined together.

(b) Commercial Portable Unit - A factory fabricated transportable building typically built on a wooden frame with either an aluminum or wood exterior and mounted on a skid foundation for ease of loading and unloading. It may however be constructed of a superior quality material such as re-enforced concrete and attached at the site to a poured foundation. It is transported by use of some other motorized vehicle or trailer. It is designed for use as a place of business, storage, or other commercial purpose, by the owner, lessee, or assigns, and may consist of one or more units that can be attached or joined together.

(c) Commercial Modular Unit - A factory fabricated transportable building consisting of units typically built on wooden frames. It is designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for business purposes and which bears a seal of compliance with rules of the Alabama Manufactured Housing Commission.

(3) PROCEDURES - To ensure the equitable taxation of Commercial Mobile, Portable, and Modular Units in the State of Alabama, the following assessment procedures shall be used as of October 1 of each year.

(a) Commercial Mobile Units shall be assessed for ad valorem tax purposes as business personal property on October 1 in the county where the unit is physically located. Each unit shall be valued according to the Alabama Personal Property Appraisal Manual, using the same valuation procedures used to value all similar personal property.

(b) Commercial Portable Units shall be assessed for ad valorem tax purposes as business personal property on October 1 in the county where the unit is physically located. Each unit shall be valued according to the Alabama Personal Property Appraisal Manual, using the same valuation procedures used to value all similar personal property.

(c) Commercial Modular Units shall be assessed for ad valorem tax purposes as real property on October 1 in the county where the unit is physically located. Each unit shall be valued according to the Alabama Appraisal Manual, using the same valuation procedures used to value all similar commercial real property.

Author: Will Martin

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-64.

History: New Rule: Filed January 6, 1999; effective February 10, 1999. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.17 Assessment Procedures For The Valuation Of Public Utility And Railroad Property In The State Of Alabama.

(1) PURPOSE - This rule is issued pursuant to authority contained in §40-21-1 through 40-21-34, Code of Ala. 1975, for the purpose of establishing guidelines and procedures for assessing and allocating public utility and railroad property for ad valorem tax purposes in the state of Alabama.

(2) DEFINITIONS - For purposes of this rule the meaning of the following terms shall be:

(a) Fair market value. The price which property will bring at a fair voluntary sale (§40-21-1(12).

(b) Gross investment. The total un-depreciated capitalized expense incurred to invest in tangible and intangible assets.

(c) Public utility and railroad companies. All companies described under §40-21-1.

(d) Unitary appraisal. An appraisal of the total operating company’s capitalized tangible and intangible assets.

(3) PROCEDURES - To ensure the equitable taxation and allocation of public utility and railroad property in Alabama, the Property Tax Division of the Alabama Department of Revenue shall determine the fair market value of the tangible and intangible property of the public utility and railroad companies (§40-21-21) using generally accepted appraisal and unitary appraisal methodologies embraced by nationally and internationally recognized appraisal groups. These appraisal groups include but are not limited to:

(a) The National Conference on Unit Valuation States,

(b) The International Association of Assessing Officials,

(c) The American Institute of Real Estate Appraisers,

(d) The Appraisal Foundation, and

(e) The Society of Real Estate Appraisers.

1. Prior to March 1 of each year all utility and railroad companies are required to file a return of financial information to the Property Tax Division. (§40-21-3).

2. After receiving the return, the Property Tax Division will review the return and determine the unitary market value of the company (§40-21-6).

3. After determining the unitary market value of the company, the allocated Alabama value will be determined by computing the percentage of the gross investment the company has in Alabama divided by the total gross investment everywhere. This percentage is multiplied by the total unitary market value of the company to calculate the Alabama taxable value. Intangible properties of a public utility with undeterminable physical locations may be allocated to Alabama based on, but not limited to, the level of business as measured by the gross revenue generated in Alabama divided by the gross revenue generated everywhere by the company (§40-21-22). Intangible property of this nature generally arises from acquisitions or mergers of other companies with purchase prices paid in excess of the book value of the acquired companies. The sum of the allocated Alabama tangible and intangible property will compose the Alabama taxable value.

4. The Alabama taxable value will then be multiplied by the constitutionally required property class assessment ratio to determine the tentative assessed value (§40-8-1(a), Code of Ala. 1975). Once the tentative assessed value of each company has been calculated, the taxpayer will be sent notice of this assessment and given the opportunity for an informal hearing (§40-2A-7(b)(1)(a), Code of Ala. 1975). After the informal hearing, or if no hearing is requested after 30 days has passed, the taxpayer will be sent a final equalized assessment adjusted by the state determined equalization ratio. The taxpayer will also be sent information on how to appeal the final assessment.

5. After the yearly assessment process has been finalized, the tangible and intangible equalized assessed values of the company’s property in Alabama will be apportioned to each county and taxing jurisdiction in Alabama based on the percentage of the tangible gross investment in each Alabama taxing jurisdiction to the total tangible gross investment in the whole state (§40-21-22).

6. On July 1st of each year, or as soon thereafter as practical, the Property Tax Division will distribute to each Alabama county a certified copy of the equalized assessed value of each utility company located in its respective county along with a summary sheet of the total utility property in the county. Copies of these distributions will also be forwarded to each respective utility. This distribution will include a description of the property and the company’s total county equalized assessed value and total value of the company located in each respective taxing jurisdiction within the county including school districts and cities. The county tax assessing official will use these assessments as a basis to compute the ad valorem taxes owed to the city, county, and state by each company (§40-21-17).

Authors: James R. Moores, Will Martin

Statutory Authority: Code of Ala. 1975, §§40-2A-7, 40-21-1 through 40-21-34.

History: New Rule: Filed January 6, 1999; effective February 10, 1999. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.18 Synchronization Of Taxation And Registration System - Assessment Procedures.

(1) PURPOSE - This regulation is issued pursuant to the authority contained in Section 40-2A-7(a)(5) and Section 40-7-64, Code of Ala. 1975, for the purpose of establishing guidelines and procedures for assessing motor vehicles purchased on or after January 1, 2000 for ad valorem tax purposes and to provide for synchronization in the collection of ad valorem taxes with motor vehicle registration fees on a current year basis.

(2) PROCEDURES - To ensure the equitable taxation of motor vehicles in Alabama, the Property Tax Division of the Alabama Department of Revenue shall determine the market value of vehicles using industry and other market sources having knowledge of average retail value by make, model, and type of motor vehicles. The market value shall be 89% of the determined retail value of the motor vehicle in order to account for pollution control equipment, depreciation, and the condition of the vehicle.

(a) Valuation for ad valorem tax assessment purposes shall be based on the fair and reasonable value of the motor vehicle on October 1. The October 1 valuation shall be used for calculating ad valorem taxes in the following calendar year. When a value is unavailable, the market value for new models shall be 89% of the Manufacturer’s Suggested Retail Price. Compute the assessed value of the vehicle by applying the appropriate assessment rate to the market value as stipulated in Section 40-8-1, Code of Ala. 1975. Each county official responsible for assessing motor vehicles shall provide information received from registrants on new models to the Property Tax Division for dissemination to other counties.

(b) The division will make public annually the Alabama Uniform Motor Vehicle Valuation Manual and distribute the manual on C.D. to each county assessing official charged with the duty of assessing motor vehicles for use beginning January 1.

(c) Valuing Unique Vehicles. The manual will provide sufficient information for assessing most vehicles. However, some unique vehicles are not included in the manual. These vehicles include, but are not limited to home built vehicles, vehicles purchased in other countries, kit cars, and vehicles which have been assigned Vehicle Identification Numbers which do not conform to U.S. Standards. An individual assessment must also be made by the assessing official when the value in the manual is not representative of a particular vehicle due to special features or condition. The uniqueness of these vehicles necessitates a more individualized valuation. An alternate method must be used to value these vehicles. The following two methods are recommended in valuing unique vehicles. When using these methods, keep sufficient evidence of the value of the unique vehicle on file for use by the Examiners of Public Accounts in reviewing your assessments.

1. Purchase Price and Annual Depreciation. If the purchase price is available and is representative of the market value of the vehicle, use the purchase price as a basis for computing the assessed value, then depreciate the value of the vehicle in subsequent years by 10 percent per year until the minimum value for that type vehicle is reached.

2. Comparable Vehicle. If the purchase price is not available or if it can be determined that the vehicle is comparable to a vehicle which is listed in the manual, use the value of the comparable vehicle in determining the appropriate assessed value.

3. Valuing vehicle 15 years old and older. Vehicles 15 years old and older shall be valued at the minimum value by vehicle type. The minimum values provided below will be used to calculate the appropriate assessed values on vehicles 15 years old or older. A minimum assessed value of $20 shall be used when prorating assessed values for a portion of a year.

TYPE MINIMUM

MARKET

VALUE

AUTOMOBILES - TYPE 1 $ 500

LIGHT TRUCKS - TYPE 2 $ 500

HEAVY TRUCKS - TYPE 3 $2,000

MOTORCYCLES - TYPE 6 $ 200

CAMPERS (POP-UPS) -TYPE C $ 200

TRAILERS - TYPE S

SEMI-TRAILERS $1,000

UTIL - UTILITY TRAILERS $ 200

TRAVEL TRAILERS - TYPE T $ 500

RECREATIONAL VEHICLES - TYPE R $1,000

BUSES – TYPE B $3,500

SCHOOL BUSES – TYPE Z $2,000

4. Valuing New Models Not Listed in Manual. Where the purchase invoice is available to the assessor, new models not listed in the manual shall be assessed at the proper percent of the purchase price as stipulated in Section 40-8-1, Code of Ala. 1975. When the purchase price is not available, the vehicle will be assessed in accordance with the value for a comparable vehicle, but shall not be valued at a level lower than the minimum value. Compute the assessed value of the vehicle by applying the appropriate assessment rate to the purchase price. Please provide information received from registrants on new models to the Property Tax Division for dissemination to other counties.

(d) A valuation placed on a motor vehicle may be protested before the County Board of Equalization. The objection must be submitted in writing to the secretary of the Board not later than ten calendar days from the date taxes were paid.

(e) If the valuation of a motor vehicle is adjusted by the Board of Equalization for an incurable condition such as excessive mileage, the county would need to retain this value and treat the vehicle as a unique vehicle, depreciating the value of the vehicle in subsequent years by 10 percent per year until the minimum value for that type vehicle is reached.

1. Motor Vehicles are revalued each year on October 1. The collection of taxes based on those values are on a staggered monthly basis beginning January 1 immediately following October 1. Individuals objecting to the valuation of their motor vehicles should first be referred to the Property Tax Division, Motor Vehicle Valuation Section for a review of the valuation. If personnel from the Property Tax Division are unable to satisfy the objections of the taxpayer, the taxpayer will be instructed to contact the Secretary of the County Board of Equalization to request a hearing. The taxpayer will be advised to pay the taxes to avoid penalties and interest and schedule a hearing with the Board when it is in session. The taxpayer should be instructed to produce appropriate evidence to support the objections to the value placed on their property.

(f) Ad valorem taxes on motor vehicles shall be assessed and collected forward on a current basis to coincide with the collection of motor vehicle license taxes and registration fees. The ad valorem tax lien follows the vehicle and must be paid before a license plate may be issued (Section 40-12-253). Unlike registration fees, ad valorem tax continues to accrue even when a vehicle is not used on the highways. In order to prevent vehicles from escaping taxation collect all accrued ad valorem tax on a vehicle prior to transferring a tag to a vehicle or otherwise registering a vehicle.

(g) In order to convert from arrears to current payment during the period January 1, 2000, through December 31, 2000, ad valorem taxes on motor vehicles shall be collected forward on a current basis, but no tax shall be due in the year 2000 or any year after the year 2000 for the 1999 tax year.

(h) No license shall be issued to operate a motor vehicle on the public highways of this state, nor shall any transfer be made by the license issuing official until the ad valorem tax on the motor vehicle is paid in the county as evidenced either by a receipt of the tax collecting official where the owner of the motor vehicle resides, if the motor vehicle is owned by an individual, or by the receipt of the tax collecting official in the county where the motor vehicle is based if the motor vehicle is owned by a firm or trust registered in a name other than the beneficiary, corporation, or association.

1. Every person who desires to operate a motor vehicle on the public highways of Alabama shall first return the motor vehicle for ad valorem taxation to the tax assessing official of the county in which he or she resides.

2. Every firm or corporation that so desires to operate a motor vehicle shall first return the motor vehicle for ad valorem taxation to the tax assessing official of the county where the vehicle is based.

3. The base of a motor vehicle shall be the place where a vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, and from which it ordinarily departs and to which it ordinarily returns.

(i) Ad valorem taxes on motor vehicles shall become due and payable on the first day of the registration renewal month of the owner, the date the motor vehicle enters the State of Alabama, the date the motor vehicle is removed from the inventory of a dealer, or the date on which the motor vehicle is otherwise determined to be taxable, whichever comes first.

1. Ad valorem tax on motor vehicles shall be collected through the last day of the month which precedes the assigned registration renewal month for the owner as provided in Section 32-6-61, Code of Ala. 1975.

2. Owner shall be defined as stated in Section 40-12-240, Code of Ala. 1975 as:

(i) A person or persons holding the legal title to a motor vehicle.

(ii) The mortgagor or conditional vendee of a vehicle that is the subject of a chattel mortgage or an agreement for the conditional sale thereof or other like agreement with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the mortgagor or conditional vendee.

(j) Effective August 1, 2000, upon the sale, trade, total destruction, permanent removal from Alabama, theft without recovery, or other transfer of a motor vehicle constituting Class I, Class II, or Class IV property under Section 40-8-1, the owner of such motor vehicle shall be entitled to a pro rata credit for the ad valorem taxes paid for the remainder of the then current period for which such taxes shall have been paid. A standard affidavit will be issued by the Department of Revenue to every county. This affidavit shall be signed by the owner of the motor vehicle verifying the reason a credit voucher should be issued. The tax collecting official may require additional information to accompany the standard affidavit.

1. To determine the available credit, the total ad valorem tax previously paid for the then current registration period shall be determined by a ratio, the numerator shall be the number of full calendar months from the date the motor vehicle is sold, traded, totally destroyed, permanently removed from Alabama, or stolen without recovery to the last day of the month which precedes the assigned registration renewal month for the owner as provided in Section 32-6-61, and the denominator shall be the number of months for which ad valorem taxes have been paid with respect to such motor vehicle.

2. In the instance of a direct ad valorem tax credit, the ad valorem tax credit shall be applied on a pro rata basis against all ad valorem taxes payable on another motor vehicle or vehicles acquired by the owner in conjunction with the sale or trade of the motor vehicle. The tax collecting official shall keep both the original and the taxpayer’s copy of the ad valorem tax credit voucher for the tax official’s records.

3. If an ad valorem tax credit voucher is redeemed at a later date, the ad valorem tax credit shall be evidenced by a serially-numbered credit voucher bearing the name of the person entitled to the credit. The credit voucher shall be a two-ply form consisting of an original and a copy. The tax collecting official shall keep the credit voucher copy and give the original to the taxpayer. The credit voucher shall entitle the owner to a credit on a pro rata basis against all ad valorem tax payable on another motor vehicle or vehicles owned or thereafter acquired by the owner prior to the expiration date of the credit voucher.

4. The Department of Revenue shall have the responsibility of issuing the ad valorem tax credit vouchers to each county.

5. The ad valorem tax credit voucher is valid for 12 months from the date of issuance and can only be redeemed in the county where the ad valorem tax is paid. The original credit voucher must be submitted to the tax collecting official to receive credit.

6. In no event shall an ad valorem tax credit voucher be issued later than 60 calendar days after the date a motor vehicle is sold, traded, totally destroyed, permanently removed from Alabama, or stolen without recovery.

7. A taxpayer shall have the next business day to claim ad valorem tax credits if the sixtieth day falls on a holiday or weekend.

8. No interest shall be allowable on the amount of any ad valorem tax credit or ad valorem tax credit voucher. The credit voucher issued shall be creditable only against ad valorem tax levied by those taxing authorities whose ad valorem tax is paid by the owner of the motor vehicle for which a credit is allowed. No credit shall be allowable against any ad valorem taxes levied by the state unless the credit shall be eligible for application and applied against ad valorem tax levied by a taxing authority or authorities other than state.

9. All individual tax amounts for each fund shown on the ad valorem tax credit voucher shall be rounded up to the nearest cent.

10. If an owner is entitled to an ad valorem tax credit for ad valorem tax paid to Municipality C, but no longer resides in Municipality C, a secondary ad valorem tax credit voucher shall be issued for the ad valorem tax paid to the municipality. This secondary ad valorem tax credit voucher can only be used to pay ad valorem tax for Municipality C. In no event shall any person receive cash for any portion of a voucher issued.

11. If an ad valorem tax credit voucher is presented for credit against ad valorem tax due and the amount of the voucher is in excess of the tax due, a new voucher shall be issued referencing the date of issuance of the original voucher. The new voucher may be presented for credit against ad valorem tax no later than 12 months from the issuance date of the original voucher.

12. The taxpayer shall use an ad valorem tax credit voucher to pay escape tax and current tax on a motor vehicle. If a taxpayer redeems a credit voucher to pay both escape tax and current tax on the same motor vehicle, the tax collecting official shall not issue a second credit voucher against the current ad valorem tax due on the motor vehicle. If the amount of the tax credit voucher is in excess of both escape tax and current tax, a secondary voucher shall be issued referencing the date of issuance of the original voucher.

13. If a taxpayer claims ad valorem tax credits in the same month in which the tax is paid, ad valorem tax credits shall begin the month after the ad valorem tax is paid.

14. The ad valorem tax credit voucher shall not be used to pay interest on delinquent ad valorem tax or penalties on escape ad valorem tax.

15. The tax collecting official shall collect a $2.00 commission at the time of redemption of the ad valorem tax credit or ad valorem tax credit voucher. One half of the commission collected by the tax collecting official will be deposited into the general fund of the county and the balance will go to the State general fund. If the amount of the ad valorem tax credit is $2.00 or less, no credit or credit voucher shall be issued.

16. An ad valorem tax credit voucher may be transferred by the owner to the owner’s spouse or dependent child or to any person or corporation that shall have rented or leased the motor vehicle from the owner, but no credit voucher may be sold or otherwise negotiated by the person to whom it is issued.

17. The tax collecting official shall not replace lost ad valorem tax credit vouchers.

18. If a motor vehicle is repossessed, ad valorem tax credits shall be granted to the individual who paid the ad valorem tax if a Motor Vehicle Repossession Affidavit or other documentation is submitted to the tax collecting official.

(k) Ad valorem taxes on motor vehicles shall become delinquent on the first day of the month following the scheduled registration renewal month for the owner, or as otherwise provided by law.

1. If the number of months for which taxes are delinquent cannot be determined, the motor vehicle shall be presumed to have been in the state for one preceding tax year in addition to the current tax year for ad valorem tax assessing and collecting purposes, except for the ad valorem taxes that would have been due in arrears for the 1999 tax year during the transition year. The preceding tax year shall be the 12 months prior to the acquired date of the vehicle.

2. Motor vehicles with delinquent registrations shall be subject to payment of escaped ad valorem taxes for up to two prior years plus the current year, except for the ad valorem taxes that would have been due in arrears for the 1999 tax year during the transition year. The two prior years plus the current tax year shall be based on the taxpayer’s tax years if ownership of the vehicle has not changed. If the ownership of the vehicle has changed, the two prior years shall be based on the acquisition date of the motor vehicle and the class of the property during the twenty-four months prior to the acquisition date. The current taxes shall be based on the acquisition date of the motor vehicle.

3. Interest shall be applied to delinquent ad valorem tax at a rate of 12% per year (calculated on a daily basis using a 365 day period) from the delinquent date through the date of the registration or renewal. If the last day of the owner’s renewal month falls on a holiday or a weekend, interest will not be charged until after the next business day.

4. A penalty of 10% of the tax amount shall be collected on escaped ad valorem taxes when taxes have been delinquent for 12 months or more.

(l) When a motor vehicle enters a dealer’s inventory, no new ad valorem tax lien will attach until the vehicle is sold from the dealer’s inventory. If a motor vehicle enters a dealer’s inventory with an existing tax lien, the ad valorem tax lien remains in effect until paid.

(m) As a change in tag type constitutes a subsequent registration, county officials responsible for assessing/ collecting ad valorem taxes shall collect all ad valorem tax due since the initial registration through the last day of the month which precedes the scheduled registration renewal month for the owner. A replacement tag issued to the owner of a motor vehicle will not constitute a subsequent registration.

(n) Ad valorem taxes on a motor vehicle shall be collected on an annual current basis in the registration renewal month of the owner, in conjunction with registration of the motor vehicle, provided ad valorem taxes due at the time of registration shall be prorated on a monthly basis from the date a motor vehicle enters the State of Alabama, from the date the motor vehicle is removed from the inventory of a dealer, from the date of transfer of ownership of the motor vehicle, or upon the date a motor vehicle otherwise becomes subject to taxation.

(o) All millage rate levies and changes affecting ad valorem taxes on motor vehicles shall become effective on the January 1 following the levy or rate change.

(p) Ad valorem tax due at the time of registration on a new motor vehicle registered for the first time with a manufacturer’s certificate of origin where the motor vehicle meets the definition of Class IV property shall be deferred until the first renewal or other subsequent registration, whichever comes first.

(q) Each county official charged with the duty of assessing motor vehicles shall use the "uniform motor vehicle valuation manual" published by the Department of Revenue each year as the basis of computing the appropriate 15%, 20% or 30% assessed value of all motor vehicles as per Section 40-8-1, Code of Ala. 1975, for the purpose of ad valorem taxation. Classes of motor vehicles and their corresponding assessment ratio are as follow:

1. Class IV Motor Vehicles(15%): All private passenger automobiles (including private passenger automobiles under lease-purchase option agreements), motor vehicles registered in the name of a beneficiary of a trust, station wagons, sports utility vehicles, vans and "pickup" trucks (including private passenger "pickup" trucks under lease-purchase option agreements) weighing eight thousand (8,000) pounds gross vehicle weight or less, which are owned and operated by an individual for personal or private use and not for hire, rent, or compensation.

2. Class I Motor Vehicles (30%): This class includes all motor vehicles owned by public utilities and used in the business of such utilities.

3. Class II Motor Vehicles (20%): This class includes all motor vehicles which do not fall within the definition of Class IV or Class I motor vehicles and includes motorcycles, recreational vehicles, leased vehicles owned and operated by a business, and all vehicles used for commercial purposes.

4. Ad valorem tax due on the first renewal or other subsequent registration shall include the deferred ad valorem tax from the first registration and the next year’s ad valorem tax to be paid in advance.

5. Deferred ad valorem tax shall be collected on a motor vehicle at the applicable value and class according to the first owner listed on the registration.

6. Deferred ad valorem tax on a new motor vehicle shall be collected at the first scheduled renewal or subsequent registration in addition to the ad valorem tax due in advance. If a new motor vehicle is purchased before the owner’s renewal month, but the owner fails to register the motor vehicle until his or her renewal month or thereafter, ad valorem tax shall be deemed to have been deferred to the owner’s first scheduled renewal month only. Taxes are due from the time of purchase in addition to ad valorem tax in advance and any applicable interest and penalties.

7. Deferred ad valorem tax shall be collected at the applicable millage rate in the county in which the license plate is renewed.

8. County officials shall maintain three years of motor vehicle valuations in their database for deferred or escape ad valorem tax on motor vehicles. When calculating deferred or escape ad valorem tax on motor vehicles, use the October 1 market value preceding the tax year for which ad valorem tax is being collected. County officials shall issue separate tax receipts for each tax year assessed.

9. County officials shall submit as required, in addition to other required information, an accurate ad valorem tax start date (which determines the date from which ad valorem taxes were deferred or the date the next tax lien attaches to a motor vehicle) and motor vehicle class to the Department of Revenue.

10. Medal of Honor and Prisoner of War license plates shall have the ad valorem start date designation 999999 to indicate the motor vehicle is exempt from ad valorem taxes. Any additional Medal of Honor and Prisoner of War license plates issued to the owner shall have an ad valorem start date which determines the date ad valorem taxes were deferred or the date the next tax lien attached to the motor vehicle.

11. The taxpayer shall not be given an option on deferment of the ad valorem tax on a new Class IV motor vehicle registered for the first time.

(r) All motor vehicles shall be assessed and the taxes shall be collected on the motor vehicles as provided. Machinery or equipment including, but not limited to cement mixers, wrecker rigs, box-type bodies, and communications equipment which may be added to a motor vehicle after it leaves the original manufacturer and may be moved from one motor vehicle to another shall be separately valued and assessed with the tax assessing official as personal property.

(s) Refunds shall be granted for ad valorem taxes on motor vehicles only for monies collected in error, as provided in Section 40-7-9.1, Code of Ala. 1975, or upon evidence of valuation change or adjustment by the County Board of Equalization.

Author: Shelley Tice

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-7-64.

History: New Rule: Filed July 24, 2000; effective August 28, 2000. Amended: Filed April 26, 2001; effective May 31, 2001. Amended: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.20 Specifications For Legal Advertising By County Tax Collecting Officials In Conjunction With Ad Valorem Tax Delinquencies.

(1) PURPOSE - This rule is issued pursuant to the authority contained in Code of Ala. 1975, §40-2-11(3) for the purpose of promulgating specifications for legal advertising by county tax collection officials associated with the sale of property for non-payment of ad valorem tax and advertising of insolvent ad valorem tax accounts which will be used to establish the cost of that portion of the advertising for which the state will be liable under Code of Ala. 1975, §§40-10-6, 40-10-22 and 40-5-23.

(2) EXTENT OF APPLICATION - The specifications as set forth in this rule shall apply to advertising of the following:

(a) Notice of Hearing provided to fiduciaries pursuant to Code of Ala. 1975, §40-10-4(b);

(b) Notice of Hearing provided to non-residents pursuant to Code of Ala. 1975, §40-10-4(c);

(c) Notice of Hearing provided to residents otherwise un-servable pursuant to Code of Ala. 1975, §40-10-4(e);

(d) Notice of Hearing provided to Owners Unknown pursuant to Code of Ala. 1975, §40-10-5;

(e) Notice of Sale published pursuant to Code of Ala. 1975, §40-10-12;

(f) List of Insolvents published pursuant to Code of Ala. 1975, §40-5-23

(3) PORTION PAYABLE - For the Notice of Hearing and Notice of Sale advertising the entire amount of the caption and conclusion and that portion of each advertising relating to property which is ultimately sold to the state shall be payable by the state. Any costs of advertising that relate to an individual property must be included in the amount for which that property is ultimately sold, or in the amount collected from the delinquent taxpayer if taxes are paid prior to sale. For the List of Insolvents, one-third of the total cost of the advertising shall be payable by the state.

(4) LIMITATIONS OF APPLICATION - No advertising other than as listed in paragraph (2) of this rule which is placed by a county tax collecting official shall be payable in whole or in part by the state even if done in conjunction with an ad valorem tax delinquency unless there is a statute or legislative act which mandates the advertising and such statute or legislative act specifically provides that the state shall be liable for all or some of the mandated advertising. Any advertising not listed in paragraph (2) which is otherwise payable by the state shall be payable only to the extent as specifically stated in the statute or legislative act creating the liability for payment by the state.

(5) NOTICE OF SPECIFICATIONS - The tax collection official in each county shall provide a copy of this or any subsequently revised regulation on this topic to each and every newspaper publisher in which advertising is placed at the time each and every original advertising copy is submitted to a newspaper in order for the publisher to be informed of the specifications for advertising which thereafter must form the basis of the billing to the state for all advertisings made pursuant to paragraph (2) of this rule. Nothing in this rule shall prohibit the tax collecting official from placing an advertisement not in compliance with these specifications, however the billing to the state for any non-conforming advertisement must be made as if the specifications were complied with. The placing of a non-conforming advertisement or the failure of a tax collection official to provide these specifications to a publisher will result in liability of the county for costs in excess of those which are payable by the state as if these specifications were met.

(6) REQUIREMENTS FOR INVOICES - Invoices for advertisings to be paid in whole or in part by the state must be made to the account of the Alabama Department of Revenue, Property Tax Division (or some identifiable variation thereof), ATTN: State Land Agent, PO Box 327210, Montgomery, AL 36132, or some other address as directed by the Department of Revenue. The invoice may be personally delivered by an agent or commercial service, or mailed via the United States Postal Service. Invoices made to a party other than the Department of Revenue or containing carryovers/balance due amounts will not be processed for payment. No reimbursement to the county or any official who has paid an invoice in whole or in part will be made.

(a) Only those charges which are payable by the state in conjunction with advertisings made pursuant to paragraph (2) of this rule shall be included on the invoice with the exception that if for the List of Insolvents, the total cost of advertising the List of Insolvents must be shown with the state’s portion extended to the amount due column. The invoice must specify the nature of the advertising as a Notice of Hearing, Notice of Sale, or List of Insolvent. If the advertising is for a Notice of Hearing or Notice of Sale, the caption and conclusion must be itemized separately from the portion pertaining to individual properties and must contain the notation "Caption & Conclusion." The portion pertaining to individual properties sold to the state should be grouped together and must contain the notation "Property Sold to the State."

(b) If the advertising is made pursuant to some statute or legislative act other than as set out in paragraph(2) of this Rule, the invoice must contain information sufficient to identify the nature of the advertising and under what statute or legislative act it is made, along with notations similar to those for the Notice of Hearing and Notice of Sale relating to captions and conclusions if the state is liable for the entire cost of some or all of the advertising and individual properties sold to the state, if applicable.

(c) The itemization of various components of each invoice must include the basis for the charge, that is the number of words, lines, inches, etc. being billed, and the billing rate, that is the dollars and/or cents per word, line, inch, or other unit specified as the basis for the charge.

(d) Submitted invoices must be original and unadulterated. Copies of invoices and invoices which have had portions obliterated by any method or otherwise do not conform to any part of this Rule will be rejected.

(7) INVOICE SUBMISSION - Invoices meeting the requirements of paragraph(6) of this Rule are to be submitted as soon after the completion of the advertising as is practical but in no case later than the 15th day of September of the year in which the advertising is done. In conjunction with invoice submission the newspaper must provide two (2) copies of each original tear sheet, clipping or publication and an original proof of publication affidavit containing the raised seal of the notary before whom the affidavit is given. Any invoice submitted not in proper form and without supporting documents as listed in this paragraph shall not be approved for payment. The remitter of a non-conforming invoice shall be notified of the deficiency of the submission and the nature of the deficiency by written statement provided to the remitter by U.S. Mail or facsimile transmission via telephone transmission lines.

(8) SPECIFICATIONS FOR ADVERTISING COPY - The specifications as herein listed form the basis for the maximum amount that is invoiced to the state on each and every advertising for which the state is liable.

(a) Notice of Hearing - The basis for invoices to the state for publications made pursuant to paragraph (2)(a), (b), (c) and (d) of this rule are hereby established as:

1. Caption - The caption for the Notice of Hearing shall be invoiced on the basis of 54 words maximum as follows:

NOTICE

DELINQUENT TAXPAYERS

State of Alabama

County

To whom it may concern: Take notice that the Tax Collector of said County has filed in my office a list of delinquent taxpayers, and of real estate upon which taxes are due; and therein reported as assessed to you the following real estate, to-wit:

2. Individual Taxpayer Entries - The entries for the Notice of Hearing pertaining to individual taxpayers shall be invoiced on the basis of the following items:

(i) the taxpayer’s name as it appears on the list of assessments,

(ii) the phrase "Tax and cost," and

(iii) the dollar and cents amount of tax and costs expressed in numerical form.

3. Conclusion - The conclusion for the Notice of Hearing shall be invoiced on the basis of 71 words maximum as follows:

This is to notify you to appear before the Probate Court of said county, at the next term thereof, commencing on MONDAY,

the day

of , 20 , then and there to show cause, if any you have, why a decree for the sale of said real estate should not be made for the payment of the taxes assessed upon the same, fees and costs.

Probate Judge

(b) Notice of Sale - The basis for invoices to the state for publications made pursuant to paragraph(2)(e) of this rule are hereby established as:

1. Caption - The caption for the Notice of Hearing shall be invoiced on the basis of 77 words maximum as follows:

TAX COLLECTOR’S

SALE

State of Alabama

County

By virtue of a decree rendered by the Probate Court, at the April Term of said county, I will proceed to sell to the highest bidder, for cash, before the Courthouse door ,in ___________________ County, within the legal hours of sale, on , the day of , 20_____ the following described real estate, for the taxes and costs due thereon for the tax year , to-wit:

2. Individual Taxpayer and Property Entries - The entries for the Notice of Sale pertaining to individual taxpayers and properties shall be invoiced on the basis of:

(i) the taxpayer’s name as it appears on the list of assessments,

(ii) one number in the nature of an account/key/unit number,

(iii) the parcel identification number of the property which is being sold,

(iv) the legal description of the property which is being sold,

(v) the phrase "State and county tax and costs" along with the total dollars and cents of state and county tax and costs expressed in numerical form, and

(vi) the phrase "City of tax and costs" along with the total dollars and cents of city tax and costs expressed in numerical form, with the account number being optional at the discretion of the tax collection official, the legal description being limited to only those words, numbers and phrases which are necessary to physically locate said property with sufficiency, and the city cost and tax entr(y)(ies) applicable only if the property has the same due.

3. No entries relative to the mailing address of the taxpayer, the physical property address, inclusion of costs or fees listed separately from state and county or municipal costs and fees, or identification of the fact, nature, character or extent of any improvements located on the property, or prior tax sale history shall be included in the billing to the state. Any weed liens, demolition liens, forest fees, storm water fees, garbage fees, penalties, officers fees, interest, or any charge whatsoever must be included in the billing for the applicable state and county tax and costs or city tax and costs.

4. Conclusion - The conclusion for the Notice of Sale shall be invoiced on the basis of 10 words maximum as follows:

__________________Tax Collector

April 6th, 13th, 20th, 20

(c) List of Insolvents - The basis for invoices to the state for publications made pursuant to paragraphs (2)(f) of this rule is hereby established as:

1. Caption - The caption for the List of Insolvents shall be invoiced on the basis of 44 words maximum as follows:

INSOLVENTS

State of Alabama

County

Take notice that on the

day of ,

20 , the County Commission of County in its regular meeting did approve the following list of insolvent taxpayers in the county for the

tax year.

2. Individual Taxpayer Entries - The entries for the List of Insolvents pertaining to individual taxpayers shall be invoiced on the basis of :

(i) the taxpayer’s name as it appears on the list of assessments, and

(ii) the dollar and cents amount of tax expressed in numerical form.

3. Conclusion - The conclusion for the List of Insolvents shall be invoiced on the basis of 9 words maximum as follows:

___________________

Tax Collector

April 6th, 13th, 20

(d) Other Advertising - Any advertising relating to an ad valorem tax delinquency done pursuant to any statute or act but not listed in paragraphs (a), (b), or (c) of this paragraph, which by the provisions of any statute or act must be paid for in whole or in part by the state, must have the maximum number of words or other content of the advertising which will be paid by the state approved in advance of the incurrence of the obligation. Such approval shall be made by the State Land Agent or other person as designated by the Department of Revenue.

(9) TYPEFACE AND WORD, LINE AND INCH COUNT SPECIFICATIONS - The entire amount of all advertising billed to the state pursuant to paragraph (2) of this rule shall be made in standard form.

(a) Standard Form for Billing on a Per Word Basis - Each and every word of advertising billed to the state on a per word basis must be billed as if it were done in a typeface size of 5 1/2 points.

1. For advertising billed on a per word basis, the following shall be considered one word:

(i) hyphenated words, phrases or strings of numbers.

(ii) numerical expressions of dollars and cents, such as "$10.10" for Ten dollars and ten cents.

(iii) abbreviations for compound words, such as, "S.E." for southeast.

(b) Standard Form for Billing on a Per Line Basis - Each and every word of advertising billed to the state on a per line basis must be billed as if it were done in a typeface size of 5 1/2 points and formatted on a ten column broadsheet, 20 1/2 inches deep. Any deviation or variation from billing based on the preceding specifications of this subsection must be approved by the Department of Revenue in advance of publication of the advertising. The total number of available characters per line must be utilized with respect to all entries pertaining to an individual taxpayer, the property of that taxpayer, the amounts due by that taxpayer, and the caption and conclusion, with the exception that entire words need not be broken and may be started on the next line following the one on which the entire word will not fit and with the exception that the headings and footers on the captions and conclusions may be inserted as shown on the examples contained in Paragraph (7) of this Rule, but such headings and footers must be in the specified typeface size. Any word, phrase or number which is submitted to the newspaper with hyphens already contained therein must be broken at the hyphen first occurring prior to that portion which follows that will not fit on that line. The number of lines shall be calculated beginning with the first character of that portion of the advertising for which the state is liable and continue until the last character of that portion of the advertising. If blank lines or lines filled with any character whatsoever are used to separate one advertisement of an individual taxpayers’ information from another individual taxpayers’ information, that blank line shall not be used in determining the number of lines in the billing to the state. If blank lines or lines filled with any character whatsoever are used to separate any advertising copy within the caption or conclusion, that blank line shall not be used in determining the number of lines in the billing to the state.

(c) Standard Form for Billing on a Per Inch Basis - Each and every word of advertising billed to the state on a per inch basis must be billed as if it were done in a typeface size of 5 1/2 points and formatted on a ten column broadsheet, 20 1/2 inches deep. Any deviation or variation from billing based on the preceding specifications of this subsection must be approved by the Department of Revenue in advance of publication of the advertising. The total number of available characters per line must be utilized with respect to all entries pertaining to an individual taxpayer, the property of that taxpayer, the amounts due by that taxpayer, and the caption and conclusion, with the exception that entire words need not be broken and may be started on the next line following the one on which the entire word will not fit and with the exception that the headings and footers on the captions and conclusions may be inserted as shown on the examples contained in Paragraph (7) of this Rule, but such headings and footers must be in the specified typeface size. Any word, phrase or number which is submitted to the newspaper with hyphens already contained therein must be broken at the hyphen first occurring prior to that portion which follows that will not fit on that line. The number of inches shall be calculated beginning with the first character of that portion of the advertising for which the state is liable and continue until the last character of that portion of the advertising. If blank lines or lines filled with any character whatsoever are used to separate one advertisement of an individual taxpayers’ information from another individual taxpayers’ information, that blank line shall not be used in determining the number of inches in the billing to the state. If blank lines or lines filled with any character whatsoever are used to separate any advertising copy within the caption or conclusion, that blank line shall not be used in determining the number of inches in the billing to the state

(10) NUMBER OF INSERTIONS - The state shall be billed only for one advertising per week for the number of weeks the statute or act mandating the advertising requires it to be made.

(11) RESTRICTIONS ON PAYMENT FOR ADVERTISING - The state shall be liable for only those advertisings which are found to have been legally undertaken and on which all requirements of this Rule and the statute or act mandating the advertising are met. Any advertising found to be illegally made or made not in compliance with this Rule and the statute or act mandating it shall not be paid for by the state and if paid for under the premise of being legally undertaken or made in compliance with this Rule and the statute or act mandating it shall be reimbursable to the state by the party responsible for placing the advertising upon determination by the Department of Revenue of its impropriety. Determination of the nature of any impropriety and demand for reimbursement shall be made in writing within two years of submission of the invoice to the Department of Revenue. Should such impropriety be discovered prior to payment of the invoice, the newspaper, the official responsible for placing the advertisement and the county governing body shall be notified in writing of the nature of the impropriety and the fact of the Department’s decision not to pay.

Author: Larry Doyal

Statutory Authority: Code of Ala. 1975, §§40-2-11(3), 40-10-6, 40-10-22, 40-5-23.

History: New Rule: Filed November 2, 2004; effective December 7, 2004.

810-4-1-.22 Assessment Of Tangible Personal Property Held Under Lease Or Conditional Sales.

(1) PURPOSE – This regulation is issued pursuant to authority contained in Section 40-7-49, Code of Ala. 1975, for the purpose of establishing guidelines and procedures for the uniform assessment of tangible personal property subject to a capital lease, an operating lease or a conditional sales contract.

(2) DEFINITIONS – For the purpose of this regulation, the definition of a capital lease, an operating lease, and a conditional sales contract shall be:

(a) Capital Lease – A lease which transfers substantially all of the benefits and risks inherent in the ownership of the property to the lessee, who accounts for the lease as an acquisition of an asset and the incurrence of a liability. A lease that meets one or more of the following criteria shall be classified as a capital lease;

1. The lease transfers ownership of the leased property to the lessee at any point during or after the lease term.

2. The lease contains an option allowing the lessee to purchase the leased property by the end of the lease term at a bargain purchase option.

3. The lease term exceeds 75 percent of the estimated economic useful life of the leased property.

4. The lease value exceeds 90 percent of the fair market value of the leased property at the beginning of the lease.

(b) Operating Lease – a rental agreement which may be for any term and may be cancelable or non-cancelable for a fixed period of time and there is no transfer of ownership.

(c) Conditional Sales Contract – a sales contract in which the seller reserves title until the buyer pays for tangible personal property, at which time, the condition having been fulfilled, title passes to the buyer.

(3) PROCEDURES – The following procedures are established to ensure that all tangible personal property held under a lease or conditional sales contract is assessed to the proper owner for property tax purposes as of each October 1 lien date.

(a) Tangible personal property held under a capital lease or conditional sales contract shall be reported by and assessed to the lessee, for property taxes purposes.

(b) Tangible personal property held under an operating lease shall be reported by and assessed to the lessor, for property tax purposes.

(4) Nothing in this rule shall affect the reporting and assessing of manufactured homes as provided in Section 40-11-1(c)(2), Code of Ala. 1975, nor the reporting and assessing of that property as provided in Article 1 Chapter 21, Title 40, Code of Ala. 1975, nor the reporting and assessing of that property as provided in Article 5, Chapter 12, Title 40, Code of Ala. 1975.

Author: Jennifer Hughes, Property Tax Division

Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-2-11.

History: New Rule: Filed November 2, 2004; effective December 7, 2004.