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Property Tax Code
property tax codes
47
Business
Post-Graduate
12/01/2013

Additional Business Flashcards

 


 

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Term

Property means:

Definition

Matter or thing capable of private ownership

Term

Real Property means:

Definition
  • land
  • an improvement
  • a mine or quarry
  • a mineral in place
  • standing timber
  • an estate or interest, other than a mortgage or deed of trust creating a lien on property or an interest securing payment of performance of obligation.
Term

Improvement Means:

Definition
  • a building, structure, fixture, or fence erected on or affixed to land.
  • a transportable structure that is designed to be occupied for residential or business purposes.
Term

Personal Property means:

 

Definition

Property that is not real property

Term
Tangible Personal Property
Definition

Property that can be seen, weighed, measured, felt, or otherwise perceived by the senses, but does not include a document or other perceptible object that constitutes evidence of a valuable interest, claim, or right and has negligible or no intrinsic value.

Term
Intangible Personal Property
Definition

A claim, interest (other than an interest in tangible property), right, or other thing that has value but cannot be seen, felt, weighed, measured, or otherwise perceived by the senses, although its existence is evidenced by a document.  Includes a stock, bond, note or account receivable, franchise, license or permit, demand or time deposit, certificate of deposit, share account, share certificate account, share deposit account, insurance policy, annuity, pension, cause of action, contract, or goodwill.

Term
Market Value means:
Definition

The price at which a property would transfer for cash or its equivalent under prevailing market conditions if:

  • exposed for sale in the open market with a reasonable time for the seller to find a purchaser
  • both the seller and the purchaser know of all the uses and purposes to which the property is adapted
  • both the seller and purchaser seek to maximize their gains and neither is in a position to take advantage of the exigencies of the other.
Term

Appraised Value means:

Definition

The value as determined as provided by Chapter 23 of this code.

Term
Assessed Value means:
Definition

for the purposes of assessment of property for taxation, the amount determined by multiplying the appraised value by the applicable assessment ratio.

Term
Taxable Value means:
Definition

the amount determined by deducting from assessed value the amount of any applicable partial exemption.

Term
Partial Exemption means:
Definition

an exemption of part of the value of taxable property.

Term
Taxing Unit means:
Definition

a county, an incorporated city or town (including a home-rule city), a school district, or any other political unit of the state that is authorized to impose and is imposing ad valoreom taxes on property even if the governing body of another political unit determines the tax rate.

Term
Tax Year means:
Definition

a calender year

Term
Assessor means:
Definition

the officer or employee responsible for assessing property taxes as provided by Chapter 26 of this code for a taxing unit by whatever title he is designated.

Term
Collector means:
Definition

the officer or employee responsible for collecting property taxes for a taxing unit by whatever title he is designated.

Term
Possessory Interest means:
Definition

an interest that exists as a result of possession or exclusive use or a right to possession.  Possessory interest does not include an interest that involves a right to exhaust a portion of a real property.

Term
Conservation and Reclamation district means:
Definition

created under Aricle III, Section 52, or Article XVI, section 59.

Term
Clerical Error means:
Definition

an error:

  • that is or results from a mistake or failure in writing, copying, transcribing, entering or retrieving computer data, computing, or calculating; or
  • that prevents an appraisal roll or a tax roll from accurately reflecting a finding or determination made by the chief appraiser, the appraisal review board, or the assessor
  • does not include an error from a mistake in judgement or reasoning in the finding or determination
Term
Comptroller means:
Definition

the Comptroller of Public Accountants of the State of Texas

Term

Sec. 1.08.  Timeliness of Action by Mail or Common or Contract Carrier.

 

When a property owner is required by this title to make a payment or to file or deliver a report, application, statement, or other document or paper by a specified due date, the property owner's action is timely if it is properly addressed with postage or handling charges prepaid and:

Definition
  1. It is sent by regular first class mail and bears a post office cancellation mark of a date earlier than or on the specified due date and within the specified period;
  2. it is sent by common carrier and bears a receipt mark before or on the due date
  3. sent by regular mail or common carrier and property owner furnishes proof that is was deposited in the mail on time.
Term

Sec. 1.085.  Communication in Electronic Format

 

Any notice, rendition, application form, or completed application that is required to be delivered to a chief appraiser, an appraisal district, or review board may be delivered in electronic format if both parties agree and the agreement be:

Definition
  1. in writing or in an electronic form;
  2. be signed by the chief appraiser;
  3. be signed by the property owner or person designated by property owner
  4. Specify:
  • the medium of communication
  • the type of communication covered
  • the means for protecting the security of comm.
  • the means for confirming delivery
  • e-mail address
Term
Sec. 6.01.  Appraisal Districts Established
Definition
  1. An appraisal district is established in each county.
  2. The district is responsible for appraising property in the district for ad valorem tax purposes of each taxing unit that imposes ad valorem taxes on property in the district.
  3. An appraisal district is a political subdivision of the state.
Term
Sec. 6.02.  District Boundaries
Definition
  1. the appraisal district's boundaries are the same as the county's boundaries.
  2. this section does not prelude the board of directors of two or more adjoining appraisal districts from providing for the operation of a consolidated appraisal district by interlocal contract.
Term
Sec. 6.03.  Board of Directors
Definition
  1. The appraisal district is governed by a board of directors.  Five directors are appointed.
  2. Members of the bod other than a county assessor-collector serving as a nonvoting director serve 2 year terms beginning Jan 1 of even numbered years.
  3. Appointed by vote
  4. see pages
Term
Sec. 6.21.  County Assessor Collector.
Definition
  1. The assessor-collector for a county is determined as provided by Article VIII, Sections 14, 16, and 16a, of the Texas Constitution.
  2. If a county has a population of less than 10,000 authorizes a separate county assessor-collector as provided by..., the commissioners court may appoint a county assessor-collector to serve until another is elected.
Term
Sec. 6.22.  Assessor and Collector for Other Taxing Units
Definition
  1. The assessor and collector for a taxing unit other than a county or a home-rule city are determined by the law creating or authorizing creation of the unit.
  2. The assessor and collector for a home-rule city are determined by the city's charter and ordinances.
Term

Sec. 6.23.  Duties of Assessor and Collector

 

The county assessor-collector shall assess and collect taxes on property in the county for the county.  He shall also assess and collect taxes on property for another taxing unit if:

Definition
  1. the law used to create the unit requires the use of A&C for the taxes the unit imposes in the county.
  2. the law used to create the unit does not mention who A&C its taxes and the unit imposes taxes in the county.
  3. the governing body of the unit requires the county to A&C taxes as provided by Sub (c) of Sec. 6.22 of this code.
  4. required by intergovernmental contract.
Term
Sec. 6.41.  Appraisal Review Board
Definition
  1. The appraisal review board is established for each appraisal district.
  2. Consists of 3 members, but district BOD may increase the size.
  3. Must be a resident of the district, and have lived in the district for 2 years.
  4. A vacancy on the board is filled in the same manner for the unexpired portion of the term.
Term
Sec. 11.01.  Real and Tangible Personal Property
Definition
  1. All real and tangible personal property that this state has jurisdiction to tax is taxable unless exempt by law.
  2. This state has jurisdiction to tax real property if located in the state.
  3. This state has jurisdiction to tax tangible personal property if the property is:
  • located in the state for longer than a temporary period
  • temporarily located out of state and the owner resides in this state;
  • used continually, whether regularly or irregularly, in the state.
Term
Sec. 11.02.  Intangible Personal Property
Definition
  1. Except by Subs(b) of this section, intangible personal property is not taxable.
  2. Intangible property governed by Article 4.01, Insurance and finance code is taxable, unless exempt by law.
  3. This state has jurisdiction to tax intangible personal property if the property is:
  • owned by a resident of the state
  • located in the state for business purposes.
Term
Sec. 11.11.  Public Property.
Definition
  1. Property owned by this state or a political subdivision is exempt from tax if the property is used for public purposes.
  2. Land owned by the Permanent University Fund is taxable for county purposes.
  3. Agricultural or grazing land owned by a county for the benefit of public schools is taxable for all purposes.
  4. Property owned by the state but not used for public purposes is taxable.
  5. see pages.
Term
Sec. 11.13. and 11.18., study
Definition
Term

Sec. 22.01. Rendition Generally

 

Except as provided by Chapter 24, a person shall render for taxation all tangible personal property used for the production of income that the person owns or that the person manages and controls as a fiduciary on Jan 1.  A rendition statement shall contain:

Definition
  1. the name and address of the property owner.
  2. a description of the property by type or category.
  3. if inventory, what type and quanitity of.
  4. the physical location or taxable situs of the property.
  5. the property owners good faith estimate of the market value of the property or, at the option of the property owner, the historical cost and acq. date.
Term
Sec. 22.23.  Filing date.
Definition
  1. Rendition statements and property reports are due after Jan 1 and before Apr. 15th.
  2. By written request, extension may be filed and extended to May 15.
Term

Sec. 22.29.  Penalty for Fraud or Intent to Evade Tax

 


The chief appraiser shall impose an additional penalty on the person equal to 50% of the total amount of taxes imposed on the property for the tax year if it is determined by the court that:

Definition
  1. the person filed a false statement or report with the intent to commit fraud or to evade the tax; or
  2. the person alters, destroys, or conceals any record, document, or thing, or presents to the chief appraiser any altered or fraudulent record, document, or thing, or otherwise engages in fraudulent conduct, for the purpose of affecting the course or outcome of an inspection, investigation, determination, or other proceeding before the appraisal district.
Term

Sec. 22.29. Continued

 

Enforcement shall be initiated by the district attorney or county attorney which the appraisal is established, on behalf of the appraisal district.

 

In making a determination of liability under this section, the court shall consider:

Definition
  1. the person's compliance history
  2. the type, nature, and taxability of the specific property involved;
  3. the type, nature, size, and sophistication of the person's business or other entity for which property is rendered;
  4. the completeness of the person's records.
  5. the person's reliance on advice provided by the appraisal district that may have contributed to the violation.
  6. Any change in appraisal districts policy.
  7. any other factors
Term
Sec. 23.01.  Appraisals Generally
Definition
  1. Except as provided, all taxable property is appraised at its market value as of Jan 1.
  2. Market value shall be determined by GAAM.
  3. see pages.
Term
Sec. 23.011. Cost Method of Appraisal
Definition
  1. use cost data obtained from generally accepted sources.
  2. make any appropriate adjustments for physical, functional, or economic obsolescense.
  3. Provide cost data to public for a fee.
  4. state reasons for variation between generally accepted cost data and local data.
  5. make available market data showing differences between replacement costs of improvements and depreciated value.
Term

Sec. 23.012.  Income Method of Appraisal

 

If the income method of appraisal is the most appropriate method, the chief appraiser shall:

Definition
  1. analyze comparable rental data or the potential earnings capacity, or both, to determine gross income potential.
  2. analyze comparable operating expense data.
  3. analyze data to estimate rates of capitalization or rates of discount.
  4. base projections of future rent or income potential and expenses.
Term

Sec. 23.012.  Continued

 

In developing income and expense statements and cash flow projections, the chief appraiser shall consider:

Definition
  1. historical information and trends.
  2. current supply and demand factors affecting those trends; and
  3. anticipated events such as competition.
Term

Sec. 23.013.  Market Data Comparison Method of Appraisal

 

 

Definition
  1. Comparable sales are used.
  2. Not comparable unless sale occured within 24 months.
  3. Must be adjusted for changes in market value.
  4. Based on similarities such as location, SF, lot improvements, age, condition, access, amenities, views, income, operating expenses, occupancy, easements, deed restrictions, or other legal burdens
Term
Sec. 23.12.  Inventory
Definition

The market value of an inventory is the price for which it would sell as a unit to a purchaser who would continue the business.

 

See pages.

Term

Sec. 23.23.  Limitation on Appraised Value of Residence Homestead.

 

The appraisal office may increase the appraised value of a residence homestead for a tax year to an amount not to exceed the lesser of:

Definition
  1. The market value of the property for the most recent tax year.
  2. the sum of:
  • 10% of the appraised value of the property for the preceeding tax year;
  • the appraised value of the property for the preceding tax year; and
  • the market value of all new improvements to the property.

see pages

Term
Sec. 26.05. Tax Rate.
Definition

The governing body for each taxing unit, before the later of Sept. 30 or the 60th day after the date the appraisal roll is received by the taxing unit, shall adopt a tax rate.

 

The rate will impose the amount of taxes needed to fund maintenance and operations for the next year.

 

No taxes shall be imposed until a rate is adopted.

Term
Sec. 26.09.  Calculation of Tax.
Definition
  1. The assessor shall calculate tax.
  2. The tax is calculated by:
  • deducting partial exemptions
  • multiplying the net appraised value by assessment ratio.
  • subtracting from the assessed value the amount of any partial exemption.
  • multiply the taxable value by the tax rate.

see pages

 

Term

Sec. 31.01.  Tax Bills.

 

 

Definition
  1. Assessor must mail bills by Oct 1.
  2. Tax bill or separate statement shall show:
  • identify the property
  • state appraised value, assessed value, and taxable value.
  • state the assessment ratio.
  • state type and amount of partial exemption.
  • state amount due
  • explain payment options and discounts
  • state rates and penalties and interest
  • see pages for the rest
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