State Test Flashcards

1
Q

Acre

A

LAND = 43,560 Sq. Feet

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2
Q

Additions - Which value does it affect and definition

A
  • Taxable Value
    The change in capped value that occurs as a result of:
  • physical change of the property.
  • The inclusion of previously omitted property.
  • Recognition of previously exempt property.
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3
Q

Adjustment

A

Positive or negative change made to the equalization process.

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4
Q

Approaches to Value

A

1 - Cost Approach
2 - Sales Comparison
3 - Income Approach

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5
Q

Assessable

A

Subject to tax, charge, or levy (all property; real and personal)

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6
Q

Assessed Value (AV)

A

The monetary amount at which a property is put on the assessment roll.

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7
Q

Assessment Roll

A

The public record of the assessed values and properties prepared by the assessor. Includes:

  • Parcel No
  • Ownership
  • Descriptions
  • Assessed and taxable value
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8
Q

Assessors Manual;

How many volumes and what do they contain?

A

Volume 1 - Cost data for residential and MOST agricultural structures
Volume 2 - Cost data for commercial & industrial structures, and some agricultural structure

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9
Q

Board of Review

A

Examines and reviews the roll for the current yea prepared by the assessor.

  • Adds property previously omitted
  • Corrects errors in name, descriptions, assessment & valuation
  • Hears taxpayer appeals
  • Endorses completed assessment roll
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10
Q

Bundle of Rights

A
Sell
Lease/Rent
Use
Give away
Enter/Leave
Refuse to do any of these
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11
Q

Capped Value

A

Capped Valued =

(prior yrs TV - losses) X (The lower of 1.05 or inflation rate) + additions

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12
Q

County Equalization

A

County examines assessment rolls of cities and townships to determine that each class of real and personal property has been equally and uniformly assessed at a level of 50% TCV.

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13
Q

Cost Approach

A

Estimates the cost of constructing improvements to the land based on the principle of substitution.

Replacement cost of new - deprication + land value

  • Use when there is not sufficient sales, new construction, or mass appraisels
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14
Q

Disabled Veterans Exemption

A
100% property tax exemption for disabled veterans and their unmarried surviving spouses. 
- Must own home
- Homestead
3 Requirements:
1. Permanently & totally disabled
2. Specially adapted housing
3. Individually unemployable
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15
Q

Exempt Poperty

A

Explicitly recognized poperty that is not subject to taxation:

  1. Real Estate must be owned and occupied by the exemption claimant
  2. Claimant must be a library, benevolent, charitable, educational, or scientific institution

AND 3. The exemption exist only when the property is occupied for the sole purpose for which it was incorporated.

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16
Q

Headlee Amendment

A

Tax limitation amendment to the Michigan Constitution:

  • Prohibits states from reducing its share of existing state-mandated programs and requires the state to reimburse local governments for any new mandated programs.
  • Prohibits state from reducing the proportion of total state spending paid to all units of local government as a group below the proportion in effect in the fiscal year.
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17
Q

Income Approach

A

Used to value the income stream of property.

- Current value is directly linked to the property’s ability to render income in the future.

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18
Q

Loss - Which value does it affect and definition

A

AV
Assessment decreases resulting from reduced tcv because property was removed
1. assessment
2. property was destroyed or became exempt
3. property was removed from a parcel description

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19
Q

Losses - Which value does it affect and deifinition

A

Capped Value
Capped value reductions for property:
1. Destroyed or removed
2. That has become exempt
3. Decrease in value due to a decrease in occupancy rates
4. Decrease in value due to environmental contamination.

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20
Q

Market Value

A

Most probable sale price of a property in terms of money in a competitive and open market.

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21
Q

Michigan Tax Tribunal

A

The tribunal is an administrative court that hears tax appeals for all Michigan taxes.

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22
Q

New - Which value does it affect and definition

A
AV
Increased assessment changes for reasons other than recognition of the result of the current equalization study:
- Physical Changes
- Changes in taxable status
- Increase in market value
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23
Q

Omitted Property

A

Property that should have been assessed on a previous assessment roll but wasn’t.

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24
Q

Personal Property

A

Consist of every kind of property that is not real property, movable without damage to itself or the real estate;

  1. Tangible - Equipment
  2. Untangible - Financial Assets
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25
Q

Principal Residence Exemption

A

Exemption, up to 18 mills, of local school operating taxes given to the property that is the primary residence of the owner.

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26
Q

Property Classification

A

All tangible property divided in class depending on the CURRENT use of the property:

  • Agricultural
  • Commercial
  • Timber-Cut Over
  • Developmental
  • Exempt
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27
Q

Property Transfer Affidavit

A

Form must be filed whenever real estate or some types of personal property are transferred.

  • Must be filed within 45 days
  • $5/day up to $200 penalty
  • Must be completed even if you don’t register the deed.
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28
Q

Real Property

A

Ownership of land and anything permanently attached to the land.

  • Consist of interest, benefits, and rights
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29
Q

State Equalization

A

State Tax Commission is required by law to examine rolls filed by each county and must determine whether the value of each CLASS is greater than, less than, or equal to 50% of the CLASSES tcv.

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30
Q

State Equalized Value (SEV)

A

Assessed value that has been adjusted by the direction of county and state equalization.

County Board of Commissioners and Michigan STC must review and adjust local assessments to meet constitutional threshold of below 50%

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31
Q

State Tax Commission (STC)

A

3 member appointments by the governer. STC has general supervision of the administration of property tax laws.

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32
Q

Taxable Value

A

Lesser of capped value or SEV (TV is tentative until STC adopts final equalization in may.)
-Can only increase by rate of inflation or 5%, whichever is less.

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33
Q

Transfer of OWnership

A

A conveyance of a title, or a present interest in, property is a transfer of ownership.
-Transfer of ownership only occurs when the taxable value is uncapped.

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34
Q

True Cash Value

A

The usual selling price at the place where the property is at the time of assessment.
- TCV and Market Value are not the same.

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35
Q

Uncapping

A

Under Prop A, the year following the transfer of ownership a properties taxable value is uncapped equal to the assessed value as calculated for that year.

36
Q

Tax Day

A

December 31st

37
Q

Deadline for taxpayer to file PERSONAL PROPERTY statement with assessor.

A

February 20th

38
Q

Day assessment roll should be completed and certified by assessor

A

First Monday in March

39
Q

BOR organizational meeting where assessment roll is given to board to review.

A

Tuesday AFTER the first Monday in March

40
Q

BOR to begin hearing appeals

A

2nd Monday in March

41
Q

BOR completes review of appeals

A

On or before 1st Monday in April or 10 days after the board closes

42
Q

Assessor delivers completed roll with board certification to County.

A

Wednesday following the first Monday in April.

43
Q

Deadline for filing PRE affidavits.

A

June 1st or November 1st

44
Q

Deadline for classifcation appeals to the STC.

- Must appear before board

A

June 30th

45
Q

July BOR

A

Tuesday after the 3rd Monday in July

46
Q

Prop A

A

Authority of govt. to levy taxes written in State CONSTITUTION that states all proerpty should be assessed uniformly and shall not exceed 50% of the TCV.

  • Caps taxable value
47
Q

What is subject to taxation?

A

All property, real and personal, unless explicitly exempted.

48
Q

Headlee Tax Limitation

A

*1st successful amendent to constitution re taxes

  1. State must maintain proportion of Spending
  2. Prohibits state from imposing new mandates on local govt unless they fund it.
  3. Prohibits local units from imposing new taxes, raising new taxes, or bonding general obligation with voter approval.
  4. Limited local tax revenue growth in assessed values that exceed the general price level of the previous year. (applying millage rollback fraction)
49
Q

Taxable Value Formula

A

TV x Authorized millage rate = property taxes

50
Q

SEV Formula

A
  1. Prior YR TCV + Market Value Increase = Current year TCV

2. TCV/2= Current year SEV

51
Q

Capped Valued Formula

A

(Prior year TV - Lossess) x IRM + Additions = Capped Value

52
Q

How should legal description/maps be read?

A

Backwards

53
Q

What are the different ways to describe property?

A
  1. Rectangular survey or acerage
  2. Metes and Bounds
  3. Platted and recorded
54
Q

How large is a section?

A

640 Acres

55
Q

In order for a property to have value, it must have the following:

A

DUST

Desirability
Utility
Scarcity
Transferability

56
Q

Real Estate

A

Physical land and any structure attached to it.

57
Q

Real Property

A

Refers to the bundle of rights enjoyed by the new owner of the real estate.

58
Q

Personal Property

A

Includes movable items not permanently attached to real estate. Consider the following:

  1. The manner in which it is attached
  2. The intention of the installer - to permanently attach or eventually remove
    Purpose for which the premises are used.
59
Q

Rights of Ownership removed by government?

A

PETE

  • Police Power
  • Eminent Domain
  • Taxation Power
  • Escheat (owner dies w/out legal heirs)
60
Q

10 Basic Economic Prinipals of Appraising

A
  1. Supply and Demand
  2. Change
  3. Contribution
  4. Competition
  5. Conformity
  6. Anticipation
  7. Substitution
  8. Surplus Productivity
  9. Dminishing Returns
  10. Highest and Best Value
61
Q

What are the approaches to value?

A
  1. Cost
  2. Sales Comparison
  3. Income
62
Q

Sales Comparison Approach

A

Comapres the property being appraised to similar properties that have recently sold.

Superior Home/Area (-) adjustment Subject Property --------
 Inferior home/Area (+) adjustment
63
Q

When are tax bills sent?

A

June

64
Q

What are the 2 limits to taxable value for each property?

A
  1. Constitutional limit that TV cannot exceed 50% of TCV

2. That annual rate of increase in taxable value may not exceed the lesser of 5% or the annual increase of inflation.

65
Q

All values are tentative until…

A

… until the STC adopts final equilization in May

66
Q

The assessor has the authority to change the value in 2 circumstances:

A
  1. If the unit receives a County or State Equilization factor that is more or less than the tentative factor.
  2. If a transfer of ownership is rcvd after the adjournment of the MBOR and the taxable value has not been uncapped due to not having a PTA
67
Q

The assessor determines the following 3 things:

A
  1. The assessed value (50%)
  2. The capped value (using formula)
  3. The taxable value (lesser of AV or capped)
68
Q

When are assessors required to send out assessment change notices to taxpayers?

A

14 days prior to the first meeting of the BOR

69
Q

What are the 3 statutory functions of the BOR?

A
  1. MBOR to examine and make corrections to current assessment roll.
  2. BOR serves as an appeal board hearing protests from property owners re assessment established.
  3. BOR may meet in July and Dec to accept & approve corrections, denials of agricultural appeals, and poverty exemptions
70
Q

BOR Requirments

A
  • 18 Years old
  • US Citizen
  • At least 30 days of residency
  • 2/3 must be property owners
  • 2 years terms beginning 1/1 on odd years
71
Q

BOR burden of proof during appeals?

A

The burden of proof lies on the taxpayer.

72
Q

Requirements of field inspections

A
  1. Verify ownership
  2. Record address
  3. Verify property classification
73
Q

What should assessors refer to when assessing property in the State of Michigan?

A

Utilize the official assessment manual

74
Q

Min Record Card Requirements

A

Front

  • Owners name and address
  • Unit of govt - city, township, village
  • Real Property Description
  • Parcel No.
  • Address
  • Public Improvements
  • Land Value Calculations
  • Land Improvements Calculations
  • Building Value
  • Total Value of the Property
  • Assessment Hx
  • Examination Date

Back

  • Year built & remodeled
  • exterior wall type
  • basement/ crawl space
  • basement walls
  • basement finish
75
Q

2 Sections of Assessment Card

A
  1. Description of property

2. Pricing of the various components

76
Q

Guiding Prinipals of Taxation

A
  1. In general, tax laws are construed against the govt.

2. Tax exemption statutes are strictly construed in favor of the government.

77
Q

Qualified Agricultural Exemption

A

Provides an 18 mill exemption from local school operating millages.

  • Owner may apply to prevent uncapping upon transfer of ownership
    1. The property remains Qualified Agricultural Property AND
    2. The new owner files form 3676 with the assessor and register of deeds w/in 90 days.
78
Q

How can a property be qualified for an Agricultural Exemption

A
  1. Be qaulified as agricultural OR

2. Devotion of more than 50% of the average to agricultural use.

79
Q

What are the types of Real Property Classification?

A
  • Agricultural
  • Commercial
  • Industrial
  • Residential
  • Tumber Cutover
  • Development
80
Q

What are the types of personal proeprty classifications?

A
  • Personal
  • Agricultural
  • Personal Commercial
  • Personal Industrial
  • Personal Residential
  • Personal Utility
81
Q

Who determined qualified forest exemptions?

A

Dept of Agriculture and Rural Develoment

82
Q

Are personal property Statements public record?

A

No, the statements are confidential.

83
Q

How are persoanl property values determined?

A

Original cost + Installation + Sales Tax + Freight

84
Q

Small Business Tax Pary Exemption Form No.?

A

Form 5076

85
Q

Requirements for Small Business Exemption

A
  1. Classified as industrial personal property or commercial personal property.
  2. Less than 80K/ year in revenue
  3. No being leased or used by previous owner
86
Q

Each assessment roll must have the following columns:

A
  • Name and address of owner or occupant
  • Property Description; Parcel No., School District Code, classification
  • Assessors Valuation
  • BOR valuation
  • MTT or STC valuations
87
Q

Each Tax Roll should have the following columns:

A
  • Property Owner/Agent Address
  • Property Description; Parcel No., School District Code, classification
  • Assessed Valuation
  • SEV of Property