Laws, Regulations & Annotations

A

190.0000 ASSESSMENT APPEALS BOARD

Annotation 190.0048.005

190.0048.005 Jurisdiction—Base Year Value Transfer. Taxpayers owned a property in County X until it was sold in November 2012 for $1,200,000. The original property consisted of five acres of land, including three acres of grape vines. Taxpayers purchased another property in County Z for $1,310,000. Believing that this purchase price was within the allowable value range for the purpose of the base year value transfer, taxpayers applied for a transfer of the base year value. The X County Assessor certified that three acres of vines and fixture real property at the value of $49,650 (4.14 percent of total value of the property) were not incidental to the use of the original property as a residential site. Therefore, the Z County Assessor only allowed 95.86 percent of the $1,200,000 sale price to count towards the value of the original property. This determination brought the value of the replacement property out of the allowable value range. Based on this, the base year value transfer claim was denied. Taxpayers filed an Application for Changed Assessment with the X County Assessment Appeals Board, copying the Z County Assessment Appeals Board. Taxpayers objected to the Z County Assessor's determination that the 3-acre vineyard was not for an incidental, personal use, i.e., was not a part of the residence for that portion to qualify as part of the original property. This is an appeal involving the classification of a portion of property as residential or non-residential for base year value transfer purposes. As such, this appeal falls under the X County Assessment Appeals Board's functions pursuant to Rule 302(a)(4), and the X County Assessment Appeals Board has jurisdiction to hear it. C 10/28/2015.