Kansas Statutes
Article 14 - Property Valuation, Equalizing Assessments, Appraisers And Assessment Of Property
79-1427a Listing and appraisal of escaped personal property; duties of county appraisers; penalty; distribution of taxes paid under protest; grievances, procedure.

79-1427a. Listing and appraisal of escaped personal property; duties of county appraisers; penalty; distribution of taxes paid under protest; grievances, procedure. (a) If, the county appraiser discovers, after the tax roll has been certified to the county clerk, that any tangible personal property subject to taxation has been omitted from the tax rolls, the county clerk shall place such property on the tax roll as an added tax, or if, after one year from the date prescribed by K.S.A. 79-306, and amendments thereto, for the listing of tangible personal property, the county appraiser discovers that any tangible personal property which was subject to taxation in any year or years within two years next preceding January 1 of the calendar year in which it was discovered has not been listed or has been underreported for whatever reason, such property shall be deemed to have escaped taxation. In the case of property which has not been listed, it shall be the duty of the county appraiser to list and appraise such property and, for an added tax, add penalties as prescribed in K.S.A. 79-1422, and amendments thereto, and which shall be designated on the appraisal roll as an added appraisal for that year. In the case of property which has escaped taxation, it shall be the duty of the county appraiser to list and appraise such property and add 50% thereto as a penalty for escaping taxation for each such year during which such property was not listed, and it shall be designated on the appraisal roll as "escaped appraisal" for each such preceding year or years. In the case of property which has been listed but underreported, it shall be the duty of the county appraiser to list and appraise the underreported portion of such property and add 50% thereto as a penalty for escaping taxation for each such year during which such property was underreported, and it shall be designated on the appraisal roll as "escaped appraisal" for each such preceding year or years. The county clerk, upon receipt of the valuation for such property in either of the aforementioned cases, shall place such property on the tax rolls and compute the amount of tax due based upon the mill levy for the year or years in which such tax should have been levied, and shall certify such amount to the county treasurer as an added or escaped appraisal. The amount of such tax shall be due immediately and payable within 45 days after the issuance of an additional or escaped property tax bill by the county treasurer. The county treasurer may not distribute any taxes assessed under this section and paid under protest by the taxpayer pursuant to K.S.A. 79-2005, and amendments thereto, until such time as the appeal is final. No interest shall be imposed unless the tax remains unpaid after such 45-day period. Taxes levied pursuant to this section which remain unpaid after such 45-day period shall be deemed delinquent and the county treasurer shall collect and distribute such tax in the same manner as prescribed by law for the collection and distribution of other taxes levied upon property which are delinquent. If the owner of such property is deceased, taxes charged as herein provided shall be levied against the estate of such deceased person for only two calendar years preceding death and shall be paid by the legal representative or representatives of such estate. In the event that such escaped appraisal is due to any willful or clerical error of the county appraiser, such property shall be appraised at its fair market value and no penalty shall be added.
(b) A taxpayer with a grievance as to any penalty applied pursuant to the provisions of this section, may appeal to the state board of tax appeals on forms prepared by the state board of tax appeals and provided by the county appraiser. The state board of tax appeals shall have the authority to abate any penalty imposed under the provisions of this section and order the refund of the abated penalty, whenever excusable neglect on the part of the person required to make and file the statement listing property for assessment and taxation purposes is shown, or whenever the property which has been deemed to have escaped taxation is repossessed, judicially or otherwise, by a secured creditor and such creditor pays the taxes and interest due. No interest shall be assessed during the pendency of this appeal.
(c) The provisions of this section shall apply to any tangible personal property discovered during the calendar years 1982, 1983, 1984 and any year thereafter to have escaped appraisal and taxation during any such year or any year within two years next preceding any such year.
History: L. 1985, ch. 309, § 1; L. 1987, ch. 372, § 3; L. 1990, ch. 346, § 1; L. 1995, ch. 38, § 1; L. 2004, ch. 173, § 10; L. 2008, ch. 109, § 86; L. 2014, ch. 141, § 95; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 79 - Taxation

Article 14 - Property Valuation, Equalizing Assessments, Appraisers And Assessment Of Property

79-1401 Powers and duties of director of property valuation; meetings of county assessors, expenses.

79-1402 General supervision of taxation by director of property valuation; legislative recommendations; records and publications.

79-1403 Investigations; reports by local officers; testimony and production of books; witness fees; perjury.

79-1404 General duties and powers of director of property valuation.

79-1404a Review of valuation changes of appraiser by director of property valuation.

79-1404b Presentation of ratio study results and valuation appeals data to county commissioners by director of property valuation; when.

79-1405 Violation of laws and regulations by officers.

79-1407 Tax exempt bonds.

79-1408 Interrogatories and questions for taxpayers; penalties.

79-1409 Board of equalization; powers; appeals; meetings; changes in valuation, effect; certifications of equalized values; apportionment of state taxes.

79-1410 Abstracts of assessments, tabulations.

79-1411a County as assessment administration unit.

79-1411b County separate assessment district; appraiser to list and appraise property; appointment of employees; education requirements.

79-1412a Powers and duties of county and district appraisers; limitations.

79-1412d Application of 79-1412a.

79-1413a Reappraisal of property within county, when; designation of appraisers; costs, how paid; accessibility of records; forms, approval, filing; written agreements, requirements; restrictions on use of valuations of appraisers; bond, conditions.

79-1420 Fraudulent listing or evasion by taxpayer; penalty; prosecution.

79-1422 Penalty for late filing of or failure to file statement listing property; abatement of penalty.

79-1424 Bank records not to be produced or examined.

79-1426 Failure of officer to list or properly value, assess or equalize property for taxation unlawful; penalties; variance in appraisal permitted.

79-1427a Listing and appraisal of escaped personal property; duties of county appraisers; penalty; distribution of taxes paid under protest; grievances, procedure.

79-1427b Waiver of penalties on certain escaped personal property.

79-1427c Escaped personal property discovered between January 1, 1994, and March 14, 1995; duties of appraisers; penalty waived, when.

79-1434 Merchandise of transient dealers; notification of county appraiser; valuation of property; payment of tax due; penalties.

79-1437c Real estate sales validation questionnaires; required to accompany transfers of title; retention time; use of information.

79-1437d Same; devised by director of property valuation; approval by legislature; information to be contained therein.

79-1437e Same; inapplicability to certain transfers of title.

79-1437f Same; disposition and use of contents thereof, to and by whom.

79-1437g Same; penalty for violations.

79-1439 Appraisal of real and tangible personal property at fair market value in money; exceptions; rate of assessment.

79-1439a Classification of certain not-for-profit organization real property; assessment rate.

79-1439b Recoupment of tax when property classified under 79-1439a changes use; procedures.

79-1439c Classification of certain commercial and industrial machinery and equipment.

79-1439d Classification for property tax purposes of wireless communication towers, broadcast towers and antenna and relay sites.

79-1439e Classification for property tax purposes of a bed, body or box that is used in business and is attached to a motor vehicle by the motor vehicle manufacturer.

79-1444 Same; technical advisory committee; membership; qualifications; compensation and allowances; duties; additional advisory committee, appointment.

79-1445 County appraisal and assessment; annual determination of compliance; publication of list of counties; redetermination; rules and regulations; limitation on requirement to reappraise.

79-1448 Appeals by taxpayers from classification or valuation of property; informal meeting, requirements; adjustments in classification or valuations by hearing officers or panels.

79-1450 Construction of certain terms.

79-1455 County as separate appraisal district; duty to appraise annually.

79-1456 Duty of county appraiser to follow guidelines, procedures and methodologies of director of property valuation; deviation from appraisal guides, when; rules and regulations.

79-1457 Availability of forms to general public; extensions of time for filing, when; use of approved forms.

79-1458 Installation and maintenance of records and data; open to public inspection.

79-1459 Preparation of appraisal maps, contents; preparation of appraisal records for improvements and land parcels, contents; classification of property.

79-1460 Notification of taxpayer of change in classification or appraised valuation of property, contents; duties of appraiser regarding valuation increase of commercial real property; amendment of appraisal rolls by county appraiser; guide to the pr...

79-1460a Publication of results of market study analysis.

79-1461 Investigation of property when no statement filed; listing by appraiser and notice to taxpayer; assistance of county attorney.

79-1462 Same; refusal to give evidence; penalty.

79-1463 Notice of violations to county attorney.

79-1465 Duty to make changes in classification and value of property, when.

79-1466 Transmission of completed real property appraisals to county clerk, when; contents.

79-1467 Transmission of completed personal property appraisals to county clerk, when; contents.

79-1467b Transmission of exempt property rolls to director of property valuation; annual report, submission to legislature.

79-1468 Preparation and furnishing of taxing unit map by county clerk to county appraiser; contents.

79-1469 Showing by taxing unit number on appraisal record of property location.

79-1470 Request of county board of equalization for changes in classification or valuation of property, when.

79-1471 Submission of budget; appointment of assistants; attendance at appraisal schools.

79-1472 Attendance of county appraiser or designee at meetings of board of equalization.

79-1473 Penalty for neglect of duty by county appraiser or employee.

79-1474 Waiver of taxes and penalties upon certain personal property if timely reporting made.

79-1475 Duties of county appraiser and clerk regarding property discovered to have been omitted from tax rolls.

79-1476 Statewide reappraisal of real property; duties and authorities of state director of property valuation and county and district appraisers; methods of establishing valuations; time of application of valuations.

79-1476a Application of 79-1476.

79-1477 Same; computer system development; duties of secretary of revenue; advisory committee, composition.

79-1478 Same; payment of costs by state, schedule; assistance of state division of property valuation upon request; contracts with private appraisal firms.

79-1478a Withholding of appraisal maintenance cost moneys, when; duties and authorities of director of property valuation.

79-1479 Appraisal of property; submission of progress reports; duties and authorities of director of property valuation and state board of tax appeals relating to compliance with reappraisal guidelines and timetables; complaint procedure; review of v...

79-1480 Same; maintenance of valuation listings, contents; public inspection.

79-1481 Statewide reappraisal of real property; class assessment changes prohibited unless approved by state board of tax appeals; procedure.

79-1482 Statewide reappraisal of real property; tax levy to pay costs of reappraisal.

79-1483 Same; rules and regulations; forms.

79-1484 Severability.

79-1485 Kansas real estate ratio study act; purposes.

79-1486 Same; definitions.

79-1487 Same; duties of local officials; access of records by director.

79-1488 Same; authorities and duties of director.

79-1489 Same; notification of ratios to county by the director; appeals, procedure.

79-1490 Same; publishing of study, when.

79-1491 Same; rules and regulations.

79-1492 Same; application of act.

79-1493 Same; authority to compile and publish other statistics not affected.

79-1494 Binding arbitration process in certain counties for property valuation disputes; procedure; duties and authorities of the director of property valuation.

79-1495 Computer-assisted mass-appraisal system; verification of accuracy; requirements.

79-1496 Appeals by taxpayers from classification or valuation of property; third-party fee simple appraisals; duties of county appraiser; appeals to state board of tax appeals.