reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.1 - Valuation of Real Property › Rule 42.20.174 - MOBILE HOME EXEMPTION OWNERSHIP DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) As provided in 15-6-241, MCA, certain
				mobile homes, manufactured homes, or housetrailers are exempt from
				taxation.
(2) An owner of three or
				more mobile homes, manufactured homes, or housetrailers that meet the criteria
				for the exemption may only receive the exemption on two units with the lowest
				appraised values, as determined by the department. All non-exempt units remain
				taxable according to
				15-6-134, MCA.
(3) For purposes of determining ownership in
				(2), the department shall aggregate properties with similar names and addresses
				as one owner when the properties reasonably appear to be owned by the same
				individual(s) or entities. Examples of when similar names and addresses would
				be aggregated as one owner include properties held under:
(a) an individual's current legal name;
(i) a former legal name, maiden name, and
				married name;
(ii) an abbreviated
				or derivative of a legal name (e.g., Bob for Robert);
(iii) nicknames; and
(iv) an individual's assumed business name,
				if applicable; and
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.2 - Realty Transfers › Rule 42.20.201 - INTENT

Current through Register Vol. 13, July 5, 2024
(1) The Realty Transfer Act serves two
				purposes. First, it is intended to identify all transfers of real property in
				order that the property tax record in each county may be updated in a timely
				and accurate manner, reflecting the names and addresses of the people to whom
				property taxes are to be assessed. Second, the Realty Transfer Act provides
				market information on the current selling price of real estate and
				improvements.
(2) It is not the
				intent of the Act to apply sales information obtained to each sold parcel.
				Instead, sales of similar properties are grouped so that the market indicator
				of value will reflect current trends, and sales that are uncharacteristically
				high or low will have an offsetting effect.
15-7-306, MCA; IMP,
					 15-7-304,
					 15-7-305,
					 15-7-307,
					 15-7-308,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.2 - Realty Transfers › Rule 42.20.202 - REALTY TRANSFER CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) The certificate
				must be completed for all transfers of real property. Before an instrument may
				be recorded or the assessment changed to reflect the transfer of a new owner, a
				completed certificate must be presented to the county Clerk and
				Recorder.
15-7-306, MCA; IMP,
					 15-7-304,
					 15-7-305,
					 15-7-307,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.2 - Realty Transfers › Rule 42.20.203 - EXEMPTIONS FROM DISCLOSING SALE PRICE

Current through Register Vol. 13, July 5, 2024
(1) Certain
				types of property are exempt from the Realty Transfer Act provisions, which
				require the disclosure of sales information. Land that is currently classified
				by the department as agricultural land that will continue in an agricultural
				use is exempt from the sales disclosure provisions of the Act because the
				department is required by law to assess agricultural land on the basis of its
				productive ability rather than its market value. The exemption does not apply
				to parcels that fail to meet the requirements of
				15-7-202, MCA. The other exempt
				transfers are sales that are not arm's-length transactions or involve sales to
				a government entity. Since these transactions are not reliable indicators of
				market value, the sales information is not useable for assessment
				purposes.
15-7-306, MCA; IMP,
					 15-7-307,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.2 - Realty Transfers › Rule 42.20.204 - CHANGE OF ASSESSMENT ROLL

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall not change to whom real property is assessed unless properly
				notified by means of an accurately prepared Realty Transfer Certificate (RTC),
				except in the case of Tribal patents or letters of conveyance from the Bureau
				of Land Management. Property assessments will continue to be made in the name
				of the previous owner until an RTC has been completed and filed in the manner
				prescribed by law (except for Tribal patents and letters of conveyance from the
				Bureau of Land Management).
(2) In
				an instance when the department is notified of a Tribal patent, or a letter of
				conveyance issued by the Bureau of Land Management, that is not recorded with
				the Clerk and Recorder's Office, the department will change to whom the real
				property is assessed.
(3) In order
				to effect changes in the property tax record, all transfers, including exempt
				transfers, must be filed with a certificate, giving the names of the parties to
				the transfer, a description of the property and, if applicable, the reason for
				exemption from the provisions relating to sales information.
15-7-306, MCA; IMP,
					 15-7-304,
					 15-7-305,
					 15-7-307,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.2 - Realty Transfers › Rule 42.20.205 - ACCURACY OF REALTY TRANSFER CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1)
				The name of the grantor (seller) reflected on the RTC must be identical to the
				name of grantor (seller) reflected on the accompanying deed.
(2) The name of the grantee (buyer) reflected
				on the RTC must be identical to the name of the grantee (buyer) reflected on
				the deed.
(3) Breaks in the chain
				of title must be corrected. Until the break in the chain of title is corrected
				through the filing of reliable information, the property will be carried on the
				property tax record in the name of the previous owner, in care of the new owner
				(grantee). RTCs that bridge the break in the chain of title must be filed.
				After the RTC(s) is filed, which bridges the break in title, the new owner's
				name (grantee) will be placed on the property tax roll in place of the previous
				owner's name. Name identification and name abbreviation inaccuracies in (1) and
				(2) may be corrected through the submission of an affidavit available at the
				department. If, in the judgment of the local department office, there is
				sufficient evidence to suggest the RTC is inaccurately completed or that a
				transaction is not exempt from reporting sales information, the department will
				return the RTC to the filer. The inaccurate information will be identified and
				the filer will be required to correct the inaccuracy and to resubmit the
				RTC.
15-1-201, MCA; IMP,
					 15-7-304,
					 15-7-306,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.301 - APPLICATION FOR CLASSIFICATION AS NONPRODUCTIVE, PATENTED MINING CLAIM

Current through Register Vol. 13, July 5, 2024
(1) The property
				owner of record or the property owner's agent must make application to the
				department to secure classification of the owner's land as a nonproductive,
				patented mining claim. To be considered for the current tax year, an
				application must be filed on a form available from the department within 30
				days after receiving a classification and appraisal notice from the department.
				The form must be filed with the department.
(2) The department will review the
				application and may conduct a field evaluation. The department will approve or
				deny the application and will return a copy of the form to the property owner
				or the owner's agent.
(3) An
				annual application is not required. An application is required only if the
				department reclassifies the property and the taxpayer disagrees with the
				department's reclassification action. The taxpayer will be notified in writing
				if the department acts to reclassify the taxpayer's property.
15-1-201, MCA; IMP,
					 15-6-101,
					 15-6-133,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Has a separate and independent value for
				such other purposes" means the land has a demonstrated capacity for recreation,
				commercial, industrial, or agricultural/timber use. That capacity is
				demonstrated by one of the following criteria:
(a) the filing of a certificate of survey
				that creates a division of the mining claim;
(b) the growth of agricultural commodities on
				the mining claim;
(c) the
				construction of a recreational or residential structure such as a summer home
				or commercial structure on the mining claim; or
(d) the lease of any portion of the surface
				area for a recreational, commercial, residential, industrial, or agricultural
				use.
(e) The requirements of (c)
				may be waived when the topography of the property is so severe that it
				precludes development for any purpose other than mining.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.303 - CRITERIA FOR VALUATION AS MINING CLAIM

Current through Register Vol. 13, July 5, 2024
(1)
				An applicant for mining claim classification must prove the parcel, which is
				the subject of the application, meets the following criteria:
(a) is nonproductive;
(b) is patented;
(c) has not been depleted of mineral
				deposits;
(d) is outside the limits
				of an incorporated city or town, or in the case of a county-municipal
				consolidation, outside the limits of the municipalities prior to the date of
				consolidation;
(e) has no separate
				and independent value other than as a mining claim; and
(f) is being held by the owner for the sole
				purpose of developing the mineral interests on the property.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.304 - ADDITIONAL RESTRICTIONS THAT CURTAIL PREFERENTIAL TREATMENT

Current through Register Vol. 13, July 5, 2024
(1) Land shall not be classified or valued as
				a class three mining claim if the land is restricted, by covenant or ordinance,
				from mining use.
(2) Land shall not
				be classified or valued as a class three mining claim after mining activity
				begins. Once mining activity begins, ARM
				42.20.645 will apply.
15-1-201, MCA; IMP,
					 15-6-101,
					 15-6-133,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.305 - VALUATION OF ACREAGE BENEATH IMPROVEMENTS ON ELIGIBLE MINING CLAIMS

Current through Register Vol. 13, July 5, 2024
(1) For all mining claims that have
				improvements that are specifically for the support of the mining claim on them,
				the land that is beneath all the improvements and the land that is necessary
				for the use of those improvements shall not receive classification and
				valuation as class three property. A market value determination shall be made
				for the acreage that is beneath the improvements and for the acreage necessary
				for the use of those improvements.
(2) The acreage defined in (1) shall be
				appraised according to market value consistent with that of comparable land.
(a) In no case will the market value of
				mining claim acreage be lower than the lowest market value assigned to improved
				tracts within the county.
(b) No
				specific site improvement values for water systems and septic systems will be
				added to the land values determined according to (2) (a).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.306 - VALUATION OF IMPROVEMENTS LOCATED ON ELIGIBLE MINING CLAIMS

Current through Register Vol. 13, July 5, 2024
(1) All improvements located on eligible
				mining claims shall be classified and valued in the appropriate tax class. The
				improvements will normally be classified and valued as class four
				property.
15-1-201, MCA; IMP,
					 15-6-101,
					 15-6-133,
					 15-6-148,
					 15-6-153,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.307 - VALUATION OF ELIGIBLE MINING CLAIM LAND

Current through Register Vol. 13, July 5, 2024
(1)
				All land contained in an eligible mining claim except that land described in
				ARM 42.20.305 shall be valued as class
				three grazing land. The appropriate grazing land productivity and valuation
				determination will be based on the statewide average productivity value of
				grazing land.
15-1-201, MCA; IMP,
					 15-6-101,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.308 - APPLICATION FOR CLASSIFICATION AS CLASS 19 PROPERTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-6-101, MCA; IMP,
					 15-6-149,
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.309 - ELIGIBILITY CRITERIA FOR CLASSIFICATION AND VALUATION AS CLASS 19 (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-6-101, MCA; IMP,
					 15-6-149,
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.310 - PORTIONS OF PARCELS ELIGIBLE FOR CLASSIFICATION AS CLASS 19 (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-6-101, MCA; IMP,
					 15-6-149,
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.3 - Classification of Nonproductive Patented Mining Claims › Rule 42.20.311 - PORTIONS OF PARCELS ELIGIBLE FOR CLASSIFICATION AS CLASS 4 (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-6-101, MCA; IMP,
					 15-6-149,
					 15-6-154,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.401 - LIMITATION ON CHANGING PROPERTY VALUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411 and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.404 - CRITERIA FOR REDUCING PROPERTY VALUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411 and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.407 - PROCEDURE FOR VALIDATING SALES INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411 and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.410 - STRATIFIED SALES ASSESSMENT RATIO STUDY PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411, and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.413 - DIVISION OF PROPERTY INTO STRATUM (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411, and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.416 - APPLICABILITY OF PROPERTY VALUE ADJUSTMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411, and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.419 - PERCENTAGE ADJUSTMENTS FOR THE 1988 TAX YEAR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411, and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.420 - PROPERTY VALUE ADJUSTMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 15-10-411 and
					 15-10-412,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.423 - DATA USED TO ESTIMATE SALES ASSESSMENT RATIOS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.426 - ADJUSTMENT FOR DATE OF SALE AND SALES ASSESSMENT RATIO ESTIMATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.429 - CRITERIA FOR REDUCING OR INCREASING PROPERTY VALUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.432 - PROCEDURE FOR VALIDATING SALES INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall compile sales information from RTCs. The department shall
				review sales evidenced by an RTC to determine whether a sale was a valid,
				arm's-length transaction. For the purposes of this rule, "valid, arm's-length
				transaction" means a sale of real estate not affected by unreasonable or
				unusual personal influence or control, as defined in literature prepared by the
				international association of assessing officers.
(2) Unless there is convincing evidence to
				the contrary, the following sales transactions shall be considered
				non-arm's-length transactions:
(a) a sale of
				agricultural or timber land;
(b) a
				sale in which the purchaser or seller is the United States of America, a state,
				a county, a municipality, or an instrumentality, agency, or political
				subdivision thereof, or a public utility;
(c) a sale that is recorded to confirm,
				correct, modify, or supplement a previously recorded instrument;
(d) a sale pursuant to a court
				decree;
(e) a sale pursuant to a
				merger, consolidation, or reorganization of a corporation, partnership, or
				other business entity;
(f) a sale
				between affiliated corporations or between shareholders and the
				corporation;
(g) a sale of a
				decedent's estate;
(h) a sale
				constituting a gift;
(i) a sale
				between a husband and wife or a parent and child or other family member with
				only nominal actual consideration;
(j) a sale transferring property to the same
				party or parties;
(k) a sale of
				delinquent taxes, sheriff's sale, bankruptcy sale, mortgage foreclosure, or
				premature liquidation of property;
(l) a sale made in contemplation of
				death;
(m) a sale of tax-exempt
				property; and
(n) royalty interest
				or an assignment of interest.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.435 - DETERMINATION OF AREAS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.438 - DESIGNATED AREAS - RESIDENTIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.441 - RESIDENTIAL AREA MAPS AND DESCRIPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.444 - DESIGNATED AREAS - COMMERCIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.447 - COMMERCIAL AREA MAPS AND DESCRIPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.450 - DIVISION OF PROPERTY INTO STRATUM (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.453 - TREATMENT OF CERTAIN PROPERTIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.454 - CONSIDERATION OF SALES PRICE AS AN INDICATION OF MARKET VALUE

Current through Register Vol. 13, July 5, 2024
(1) When considering any objection to the
				appraisal of property, the department may consider the actual selling price of
				the property as evidence of the market value of the property. For the actual
				selling price to be considered, a taxpayer or the taxpayer's agent must:
(a) submit a completed Request for Informal
				Classification and Appraisal Review, Form AB-26, as set forth in ARM
				42.20.173, to the local department
				office in the county where the property is located ;
(b) submit an accurately completed Realty
				Transfer Certificate;
(c) complete
				and sign a sales verification form that includes the sales price of the
				property;.
(d) provide a signed
				affidavit completed by at least one party or person who is not the buyer or
				seller and that identifies the conditions, terms, and sales price of the
				property;
(e) provide an executed
				buy/sell agreement; and
(f) provide
				evidence of two comparable sales of similar property in the same general
				geographic area where the taxpayer's property is located. The property sales
				must have occurred within six months of the valuation date adopted by the
				department in its reappraisal plan administrative rules, as set forth in ARM
				Title 42, chapter 18. The department will:
(i) use its sales records to identify the
				sale prices and determine if the sales were valid, arm's-length sales; and
(ii) permit taxpayers to examine
				the sales information for the comparable property if they agree to keep the
				information confidential.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.455 - CONSIDERATION OF INDEPENDENT FEE APPRAISALS AS AN INDICATION OF MARKET VALUE

Current through Register Vol. 13, July 5, 2024
(1) When considering any objection to the
				appraisal of property, the department may consider independent fee appraisals
				of the property as evidence of the market value of the property. For an
				independent fee appraisal to be considered, the taxpayer or the taxpayer's
				agent must submit the following documents to the local department office in the
				county where the property is located:
(a) a
				Request for Informal Classification and Appraisal Review, Form AB-26, as set
				forth in ARM
				42.20.173; and
(b) a copy of the independent fee appraisal
				that meets the following requirements and was conducted:
(i) by an appraiser licensed or certified by
				the Montana Board of Real Estate Appraisers, under Title 37, chapter 54,
				MCA;
(ii) in accordance with
				current uniform standards of professional appraisal practice (USPAP), as set
				forth for licensed or certified real estate appraisers under
				37-54-403, MCA; or completed for
				federally related transactions or commercial lending institutions;
				and
(iii) within six months of the
				valuation date provided for in
				15-7-102, MCA, and ARM
				42.18.124. This six-month
				requirement may necessitate that a fee appraiser conduct a retroactive
				appraisal, in accordance with USPAP. In this situation, the effective date of
				the appraisal may be prior to the date of the Appraisal Report. If an appraisal
				has already been conducted, and it was conducted prior to the valuation date,
				then:
(A) a recertification or update of
				value may be required as an addendum to the original appraisal; and
(B) the recertification or update of value
				must be completed by the same appraiser who conducted the original appraisal.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.468 - PERCENTAGE ADJUSTMENTS FOR THE 1992 TAX YEAR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.4 - Sales Assessment Ratio - Real Property Values › Rule 42.20.471 - APPLICABILITY OF PROPERTY VALUE ADJUSTMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-1-201, MCA; IMP, Sec.
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "2014 tax year value" means the market
				value of a property which appears on the 2014 property tax record of that
				property.
(2) "Annual appraisal
				trend factor class five" means a factor used to annually reappraise class five
				qualifying air and water pollution control property, new industrial property,
				gasohol facilities, qualifying research and development firms, and electrolytic
				reduction facilities real property by trending their cost values up or down
				based on accepted cost indices.
(3)
				"CDU rating" means a composite rating of the overall condition, desirability,
				and usefulness of a structure, used nationally as a simple, direct, and uniform
				method of estimating accrued depreciation.
(4) "Current year phase-in value" is the
				difference between the reappraisal value and the value before reappraisal (VBR)
				times the phase-in percentage, added to the VBR. The current year phase-in
				value is the amount subject to tax each year, and is determined by the
				following formula:
Current year phase-in value =
[(Reappraisal (REAP) value - VBR) x phase-in %] + VBR
(5) "Destruction" means
				the removal or deletion of improvements, buildings, living areas, garages, and
				out-buildings caused by burning, razing, or natural disaster.
(6) "Dwelling unit" is defined as a building
				or portion of a building that contains living facilities with provision for
				sleeping, eating, cooking, and sanitation for one or more persons.
(7) "Full reappraisal to taxable value
				conversion factor for class four commercial property" is the total taxable
				value of class four commercial property divided by the total reappraisal value
				of the same class four commercial property.
(8) "Full reappraisal to taxable value
				conversion factor for class four residential" is the total taxable value of
				class four residential property divided by the total reappraisal value of the
				same class four residential property.
(9) "Improvement grade change" means a change
				in the quality of construction of an improvement. Each improvement grade
				signifies a different level of construction quality. Examples of improvement
				grades include, but are not limited to, the following:
(a) 1F-1 = cheap construction;
(b) 1F-5 = average construction;
				and
(c) 1F-9 = superior
				construction.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.502 - DETERMINATION OF VALUE BEFORE REAPPRAISAL (VBR) FOR FOREST LAND EXCLUDING INDUSTRIAL PROPERTIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 15-7-111, MCA; IMP:
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.503 - DETERMINATION OF CURRENT YEAR PHASE-IN VALUE FOR CLASS TEN PROPERTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 15-7-111, MCA; IMP:
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.504 - NEW CONSTRUCTION DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The following
				criteria will be used to identify new construction and destruction:
(a) all residential or commercial structures,
				out-buildings, and mobile homes that were built, remodeled, or destroyed in the
				preceding year;
(b) properties with
				new, attached garages built in the preceding year;
(c) properties which had any land
				reclassification or land use changes;
(d) properties with out-buildings built in
				the preceding year; or
(e)
				properties with a physical change to the improvements.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.505 - CLASSIFICATION AND APPRAISAL NOTICES AND VALUATION REVIEWS FOR FOREST LAND PROPERTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 15-7-111,
					 MCA; IMP:
					 15-7-102,
					 15-7-111,
					 MCA, and Sec. 11, Ch. 463, L. 1997
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.506 - CERTIFIED MILL LEVY DETERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-7-111, MCA; IMP,
					 15-6-134,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.507 - PROPERTY TAX ASSISTANCE AND TAX RELIEF PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) All valuation reductions allowed for
				under the property tax assistance program or other property tax relief programs
				will be applied against the current year taxable market value.
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.508 - DEFINITIONS - INDUSTRIAL PROPERTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.509 - DETERMINATION OF VALUE BEFORE REAPPRAISAL (VBR) FOR INDUSTRIAL PROPERTIES (CLASS FOUR) (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 15-7-111, MCA; IMP:
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.510 - BASIC DETERMINATION OF PHASE-IN VALUE FOR CLASS FOUR INDUSTRIAL PROPERTY (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 15-7-111, MCA; IMP:
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.511 - VALUATION OF CLASS FIVE REAL PROPERTY FOR QUALIFYING AIR AND WATER POLLUTION CONTROL PROPERTY, GASOHOL FACILITIES, QUALIFYING RESEARCH AND DEVELOPMENT FIRMS, AND ELECTROLYTIC REDUCTION FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Qualifying air and water pollution
				control property, gasohol facilities, qualifying research and development
				firms, and electrolytic reduction facilities real property included in class
				five will be revalued annually. The department will apply an annual appraisal
				trending factor to the qualifying property to arrive at the market value. An
				annual appraisal trend factor will be calculated, using the January cost
				indices from the Marshall & Swift Valuation Service Guide (Marshall &
				Swift Guide), for the current tax year. If the Marshall & Swift Guide is
				not available, other accepted cost manuals or indices may be used.
(2) The annual appraisal trend factor will be
				applied to the previous year's market value to arrive at the current year's
				market value.
AUTH:
					 15-1-201,
					 15-7-111, MCA; IMP:
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.512 - VALUATION OF CLASS FIVE LOCALLY ASSESSED ELECTRIC AND TELEPHONE COOPERATIVES AND TELECOMMUNICATIONS COMPANIES

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall annually appraise locally assessed electric and telephone
				cooperatives' and locally assessed telecommunications companies' property using
				the methods described in ARM Title 42, chapter 22. The methods described are
				used in appraising other property with similar characteristics.
15-1-201,
					 15-7-111, MCA; IMP,
					 15-6-135,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.513 - VALUATION OF CLASS SEVEN PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall annually appraise class seven property using the methods
				described in ARM Title 42, chapter 22. The methods described are used in
				appraising other property with similar characteristics.
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.514 - DETERMINATION OF TOTAL TAXABLE VALUE OF ELIMINATED PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The total taxable value of eliminated
				property is determined by compiling the actual total value of properties that
				have been eliminated from a particular taxing jurisdiction. In cases where the
				actual values have not been compiled, the department will use a statewide
				average rate of 0.12% (.0012) to multiply by the previous year total taxable
				value in the taxing jurisdiction, to calculate an estimated value of eliminated
				property.
15-1-201,
					 15-7-111, MCA; IMP,
					 15-10-420,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.515 - DETERMINATION OF TOTAL TAXABLE VALUE OF NEWLY TAXABLE PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The department will calculate the value
				attributable to newly taxable property that is classified as class four, five,
				seven, eight, nine, twelve, thirteen, fourteen, fifteen, and sixteen for each
				taxing jurisdiction annually.
(2)
				For the 2014 tax year and subsequent years, the department will calculate the
				taxable value attributable to newly taxable property in each of the classes of
				property listed in (1) for each taxing jurisdiction as follows:
(a) The value attributable to newly taxable
				property will be calculated by subtracting the prior year adjusted taxable
				value from the current year adjusted taxable value to determine the total value
				of newly taxable property in a jurisdiction by tax class.
(b) The current and prior year adjusted
				taxable values will be calculated by adjusting the current and prior year
				taxable values by an effective rate. The effective rate will be calculated from
				the current year taxable value and the current year market value, with the
				exception of class four, which will use the current year taxable value and the
				current year phase-in value to reduce the impact that a change in phase-in
				value has on the effective rate.
(c) The current year adjusted taxable value
				will be calculated by multiplying the current year market value by the
				effective rate determined in (b).
(d) The prior year adjusted taxable value
				will be calculated by multiplying the prior year market value by the effective
				rate determined in (b).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.516 - APPLICATION OF PHASE-IN PROVISIONS FOR CLASS TEN PROPERTIES THAT DECREASE IN VALUE DUE TO REAPPRAISAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201, MCA; IMP:
					 15-6-134,
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.517 - APPLICATION OF HOMESTEAD OR COMSTEAD EXEMPTION TO MIXED USE PROPERTIES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201, MCA; IMP:
					 15-6-134,
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.518 - LAND CAP ELIGIBILITY AND APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.5 - Phase-In Valuation and New Construction › Rule 42.20.519 - APPLICATIONS FOR PROPERTY TAX ABATEMENT FOR GRAY WATER SYSTEMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201, MCA; IMP:
					 15-24-3201,
					 15-24-3202,
					 15-24-3203,
					 15-24-3204,
					 75-5-305,
					 75-5-325,
					 75-5-326,
					 75-5-327,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.602 - STEPS IN DETERMINING THE CLASSIFICATION OF AGRICULTURAL LAND

Current through Register Vol. 13, July 5, 2024
(1) Steps in the
				agricultural classification process may include the use of :
(a) department land use maps;
(b) internal desktop land use classification,
				using the criteria for each agricultural land use;
(c) on-site field reviews, operator and land
				owner interviews, and inspection by local department appraisal staff;
				and
(d) a Geographic Information
				System (GIS) to digitally identify each producer's agricultural land
				use.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.603 - VALUATION OF AGRICULTURAL LAND THAT DOES NOT HAVE A PUBLISHED SOIL SURVEY

Current through Register Vol. 13, July 5, 2024
(1) Denied access (DA) lands and not
				completed (NOTCOM) lands do not currently have any agricultural use
				productivity information associated with them from a published soil
				survey.
(2) When DA and NOTCOM
				lands are encountered in the department's efforts to assign a productivity to
				an agricultural use, the department will use Geographic Information System
				(GIS) technology to determine the average level of productivity in the same
				agricultural use from the surrounding soils within one mile of the DA or NOTCOM
				land and will assign the average level of productivity to the DA
				lands.
(3) Where an inadequate
				number of acres within the same use class with productivity information are not
				identified in the one-mile buffer routine, the buffer routine is expanded to
				include all acres with the same use and productivity information within five
				miles of the property. On occasion the buffer routine is expanded to 20 miles
				to ensure that an adequate number of acres with soils productivity information
				and in the same use are identified.
15-7-111, MCA; IMP,
					 15-7-201,
					 15-7-202,
					 15-7-208,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.604 - STEPS IN DETERMINING THE PRODUCTIVITY OF AGRICULTURAL LAND

Current through Register Vol. 13, July 5, 2024
(1) Productivity is
				determined using the Natural Resource Conservation Service (NRCS) soil surveys.
				The productivity determination is specific to the agricultural land use
				classification under typical management practices.
(2) Productivity is adjusted to reflect, as
				near as possible, typical management practices for an area using the following
				procedures:
(a) for lands whose productivity
				is based on bushels of spring wheat per acre, the soil survey productivity in
				the following counties is adjusted on a regional basis by multiplying the soil
				survey productivity by the regional adjustment. The county designations and
				regional adjustments are as follows:
(i)
				Region 1: Beaverhead, Broadwater, Deer Lodge, Flathead, Gallatin, Granite,
				Jefferson, Lake, Lewis and Clark, Lincoln, Madison, Mineral, Missoula, Powell,
				Ravalli, Sanders, and Silver Bow is 0.86;
(ii) Region 2: Big Horn, Blaine, Carbon,
				Carter, Cascade, Chouteau, Custer, Fallon, Fergus, Garfield, Glacier, Golden
				Valley, Hill, Judith Basin, Liberty, Meagher, Musselshell, Park, Petroleum,
				Phillips, Pondera, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass,
				Teton, Toole, Treasure, Wheatland, and Yellowstone is 0.77; and
(iii) Region 3: Dawson, Daniels, McCone,
				Richland, Roosevelt, Sheridan, Valley, and Wibaux is 0.70;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.605 - AGRICULTURAL LANDS (Repealed)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-6-133,
					 15-7-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.606 - EXCEPTIONS TO AGRICULTURAL LAND ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1)
				The following land will not be classified and assessed as agricultural land:
(a) land that is used for residential,
				commercial, or industrial purposes;
(b) land that has restrictive covenants,
				easements, deed restrictions, servitudes, conservations easements, or other
				legal encumbrances that when enforced effectively prohibit agricultural
				use;
(c) land described in ARM
				42.20.156; or
(d) land that meets the provisions of ARM
				42.20.705 to be assessed as forest
				land.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.607 - CORRECTION OF VALUE BEFORE REAPPRAISAL (VBR) FOR 2009 AGRICULTURAL LAND (Repealed)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 15-7-201,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.20 - REAL PROPERTY › Subchapter 42.20.6 - Agricultural Land › Rule 42.20.610 - CLASSIFICATION AND APPRAISAL OF EASEMENTS ON AGRICULTURAL LAND

Current through Register Vol. 13, July 5, 2024
(1) Road, irrigation ditch, or power line
				easements that do not transfer title to such rights-of-way are taxable and will
				be classified and valued as adjoining agricultural land.
(2) A deeded right-of-way that is conveyed
				through a deed or other instrument, from a private owner to a government agency
				or other tax-exempt entity is not taxable and is deducted from the ownership in
				which it is located. If the deeded right-of-way splits two or more ownerships,
				such as along a deeded county road, the department will deduct proportional
				amounts of acreage from each ownership. A record of the conveyance must be
				available in the local county clerk and recorder's office.
(3) To determine the total acreage of land
				devoted to the easement or deeded right-of-way, the department shall determine
				the square footage and convert the square footage to acres by dividing the
				square footage by 43,560.
15-7-111, MCA; IMP,
					 15-7-103,
					 15-7-201,
					 15-7-206,
					 MCA;