Effective - 28 Aug 2018, 5 histories
137.016. Real property, subclasses of, defined — political subdivision may adjust operating levy to recoup revenue, when — reclassification to apply, when — placement of certain property within proper subclass, factors considered. — 1. As used in Section 4(b) of Article X of the Missouri Constitution, the following terms mean:
(1) "Residential property", all real property improved by a structure which is used or intended to be used for residential living by human occupants, vacant land in connection with an airport, land used as a golf course, manufactured home parks, bed and breakfast inns in which the owner resides and uses as a primary residence with six or fewer rooms for rent, and time-share units as defined in section 407.600, except to the extent such units are actually rented and subject to sales tax under subdivision (6) of subsection 1 of section 144.020, but residential property shall not include other similar facilities used primarily for transient housing. For the purposes of this section, "transient housing" means all rooms available for rent or lease for which the receipts from the rent or lease of such rooms are subject to state sales tax pursuant to subdivision (6) of subsection 1 of section 144.020;
(2) "Agricultural and horticultural property", all real property used for agricultural purposes and devoted primarily to the raising and harvesting of crops; to the feeding, breeding and management of livestock which shall include breeding, showing, and boarding of horses; to dairying, or to any other combination thereof; and buildings and structures customarily associated with farming, agricultural, and horticultural uses. Agricultural and horticultural property shall also include land devoted to and qualifying for payments or other compensation under a soil conservation or agricultural assistance program under an agreement with an agency of the federal government. Agricultural and horticultural property shall further include any reliever airport. Real property classified as forest croplands shall not be agricultural or horticultural property so long as it is classified as forest croplands and shall be taxed in accordance with the laws enacted to implement Section 7 of Article X of the Missouri Constitution. Agricultural and horticultural property shall also include any sawmill or planing mill defined in the U.S. Department of Labor's Standard Industrial Classification (SIC) Manual under Industry Group 242 with the SIC number 2421. Agricultural and horticultural property shall also include urban and community gardens. For the purposes of this section, "urban and community gardens" shall include real property cultivated by residents of a neighborhood or community for the purposes of providing agricultural products, as defined in section 262.900, for the use of residents of the neighborhood or community, and shall not include a garden intended for individual or personal use;
(3) "Utility, industrial, commercial, railroad and other real property", all real property used directly or indirectly for any commercial, mining, industrial, manufacturing, trade, professional, business, or similar purpose, including all property centrally assessed by the state tax commission but shall not include floating docks, portions of which are separately owned and the remainder of which is designated for common ownership and in which no one person or business entity owns more than five individual units. All other real property not included in the property listed in subclasses (1) and (2) of Section 4(b) of Article X of the Missouri Constitution, as such property is defined in this section, shall be deemed to be included in the term "utility, industrial, commercial, railroad and other real property".
2. Pursuant to Article X of the state Constitution, any taxing district may adjust its operating levy to recoup any loss of property tax revenue, except revenues from the surtax imposed pursuant to Article X, Subsection 2 of Section 6 of the Constitution, as the result of changing the classification of structures intended to be used for residential living by human occupants which contain five or more dwelling units if such adjustment of the levy does not exceed the highest tax rate in effect subsequent to the 1980 tax year. For purposes of this section, loss in revenue shall include the difference between the revenue that would have been collected on such property under its classification prior to enactment of this section and the amount to be collected under its classification under this section. The county assessor of each county or city not within a county shall provide information to each taxing district within its boundaries regarding the difference in assessed valuation of such property as the result of such change in classification.
3. All reclassification of property as the result of changing the classification of structures intended to be used for residential living by human occupants which contain five or more dwelling units shall apply to assessments made after December 31, 1994.
4. Where real property is used or held for use for more than one purpose and such uses result in different classifications, the county assessor shall allocate to each classification the percentage of the true value in money of the property devoted to each use; except that, where agricultural and horticultural property, as defined in this section, also contains a dwelling unit or units, the farm dwelling, appurtenant residential-related structures and up to five acres immediately surrounding such farm dwelling shall be residential property, as defined in this section, provided that the portion of property used or held for use as an urban and community garden shall not be residential property. This subsection shall not apply to any reliever airport.
5. All real property which is vacant, unused, or held for future use; which is used for a private club, a not-for-profit or other nonexempt lodge, club, business, trade, service organization, or similar entity; or for which a determination as to its classification cannot be made under the definitions set out in subsection 1 of this section, shall be classified according to its immediate most suitable economic use, which use shall be determined after consideration of:
(1) Immediate prior use, if any, of such property;
(2) Location of such property;
(3) Zoning classification of such property; except that, such zoning classification shall not be considered conclusive if, upon consideration of all factors, it is determined that such zoning classification does not reflect the immediate most suitable economic use of the property;
(4) Other legal restrictions on the use of such property;
(5) Availability of water, electricity, gas, sewers, street lighting, and other public services for such property;
(6) Size of such property;
(7) Access of such property to public thoroughfares; and
(8) Any other factors relevant to a determination of the immediate most suitable economic use of such property.
6. All lands classified as forest croplands shall not, for taxation purposes, be classified as subclass (1), subclass (2), or subclass (3) real property, as such classes are prescribed in Section 4(b) of Article X of the Missouri Constitution and defined in this section, but shall be taxed in accordance with the laws enacted to implement Section 7 of Article X of the Missouri Constitution.
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(L. 1983 S.B. 63, et al. § 3, A.L. 1986 H.B. 1022, et al., A.L. 1989 H.B. 181 & 633, A.L. 1991 S.B. 61, A.L. 1995 H.B. 211, A.L. 1997 S.B. 241, A.L. 2008 S.B. 711, A.L. 2011 S.B. 55, A.L. 2012 H.B. 1818 , A.L. 2016 S.B. 823, A.L. 2018 S.B. 627 & 925 merged with S.B. 881)
(1993) Statute does not violate equal protection based on discrimination against mobile home parks by taxing mobile home parks improved with concrete pads as commercial rather than residential property. Statute was supported by rational basis as legislature may have rationally chosen to favor residential improvements ready for residential dwelling and to encourage investors to provide ready-to- live-in rental property. Brookside Estates v. State Tax Commission, 849 S.W.2d 29 (Mo. en banc).
(2004) Property used as extended stay residential facility, where majority of rooms are available for short-term residency, does not constitute residential property for property tax purposes. Shipman v. Dominion Hospitality, 148 S.W.3d 821 (Mo.banc).
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Chapter 137 - Assessment and Levy of Property Taxes
Section 137.010 - Definitions.
Section 137.015 - Classification of property.
Section 137.017 - Agricultural and horticultural property, how assessed.
Section 137.018 - Certain merchandise exempt from ad valorem taxes.
Section 137.022 - Private car company, defined — subject to assessment and taxation, manner.
Section 137.023 - Rules and regulations — promulgation, procedure.
Section 137.030 - Levy for library purposes.
Section 137.035 - What taxes to be assessed, levied, and collected in counties.
Section 137.037 - Levy to pay cost of property reevaluation — election — form of ballot.
Section 137.045 - Assessment, levy, and collection not to be made except as provided — penalty.
Section 137.060 - Action of county commission to be entered of record.
Section 137.070 - Apportionment in counties having township organization.
Section 137.075 - What property liable for taxes.
Section 137.080 - Annual assessment date — subclasses of tangible personal property.
Section 137.081 - New political subdivisions, assessment, effective when.
Section 137.085 - Government lands become taxable, when — state lien on real property, extent of.
Section 137.092 - Rental or leasing facilities to submit lessee lists.
Section 137.095 - Corporate property, where taxed — tractors and trailers.
Section 137.098 - College fraternity and sorority real property, how assessed.
Section 137.100 - Certain property exempt from taxes.
Section 137.101 - Charitable organizations, exemption from property taxes — assessor's duties.
Section 137.110 - Assessment blanks, books and supplies, furnished, when.
Section 137.112 - Deferred maintenance, defined.
Section 137.113 - Scope of sections.
Section 137.116 - Department of revenue to furnish lists of motor vehicles.
Section 137.120 - Property list, contents.
Section 137.125 - Procedure in case of absence from property and of death.
Section 137.130 - Assessor to make physical inspection, when — assessment.
Section 137.135 - Duplicate list to be left if made during absence of owner.
Section 137.150 - Assessor and other officers to administer oaths — failure of assessor — penalty.
Section 137.155 - Form of oath — refusal to make oath — penalty.
Section 137.160 - Assessment of discovered real property — notice to state tax commission.
Section 137.165 - Procedure of assessing real estate omitted from tax books.
Section 137.170 - Each tract of land charged with its own taxes — notice to owner.
Section 137.175 - Failure to assess taxable property — method of subsequent assessments.
Section 137.185 - Tracts less than one-sixteenth of a section.
Section 137.190 - Penalty for violation of section 137.185.
Section 137.195 - County commissions to procure plats from United States land office.
Section 137.200 - Plats or maps lost — duty of county commissions.
Section 137.205 - Assessor to have free access to plats and maps — board to compare — omissions.
Section 137.210 - Assessor to examine and compare lists — assessor's book.
Section 137.220 - Assessor to prepare plats to all tracts and lots.
Section 137.225 - Assessor to be provided with real estate book and personal assessment book.
Section 137.230 - When section 137.225 does not apply.
Section 137.235 - Assessor's books to have three columns for values — extension of taxes.
Section 137.237 - Tax-exempt properties, assessor to compile list for state tax commission.
Section 137.240 - County commissions to furnish additional books when necessary.
Section 137.250 - List lost or destroyed — new assessment to be made.
Section 137.260 - County clerk to correct tax book.
Section 137.265 - Assessment not illegal because of informality in making.
Section 137.270 - County commission to hear and determine erroneous assessments.
Section 137.275 - Appeals to county board of equalization — lodged where.
Section 137.285 - Double assessment for making fraudulent list.
Section 137.295 - Clerk to make statement.
Section 137.300 - Supplemental tax book.
Section 137.305 - Supplemental tax book same validity and force.
Section 137.320 - Penalty for clerk's neglect or refusal — evidence.
Section 137.325 - Sections 137.325 to 137.420 applicable to first class counties.
Section 137.340 - Taxpayer to file return listing all tangible personal property.
Section 137.350 - Assessment of estates — duty of guardian.
Section 137.360 - Form of oath — penalty for refusal — lists filed with county clerk.
Section 137.380 - Procedure when assessor's lists cannot be included in one book.
Section 137.385 - Appeal from assessment — form — time for filing.
Section 137.390 - County commission to determine tax rate.
Section 137.392 - Clerk to deliver tax books to collector, when — extension of time.
Section 137.395 - County commission to establish system of bookkeeping.
Section 137.400 - County reimbursed for abstract furnished to any city, town or village.
Section 137.405 - Certain sections not applicable to property assessed by state tax commission.
Section 137.410 - Inconsistent laws not applicable.
Section 137.420 - False certification a misdemeanor.
Section 137.435 - Real property assessed, how and where.
Section 137.440 - Assessment of real and tangible property.
Section 137.445 - Assessor's books — how made.
Section 137.450 - Assessment lists to be filed with county clerk.
Section 137.465 - County clerk to submit lists of property — abstracts of all real property.
Section 137.470 - County clerk to estimate state, county, township, school, bridge and other tax.
Section 137.475 - County clerk to deliver assessment roll to collector.
Section 137.480 - State tax commission to instruct and advise county clerks.
Section 137.500 - Assessment blanks, distribution, how signed — penalty.
Section 137.505 - Failure to file return — duty of assessor.
Section 137.510 - Assessor's books — method of preparation — date to be completed.
Section 137.512 - Notice as to time and place of inspection of assessment records.
Section 137.515 - Assessor to make abstract of books, when — copies certified.
Section 137.520 - Assessor to extend book — make tax bills.
Section 137.525 - Duties of city comptroller.
Section 137.535 - Assessor to make daily record of transfers of property.
Section 137.540 - False returns — board of equalization notified — duties of board.
Section 137.545 - False returns — penalty.
Section 137.554 - Portion of tax expended on city streets, city to designate where and how spent.
Section 137.555 - Special road and bridge tax, how levied, collected and disbursed.
Section 137.559 - Portion of road bond construction fund may be expended on system roads.
Section 137.565 - Election for tax — petition — duty of county commission.
Section 137.570 - Form of ballot.
Section 137.575 - County commission to make levy — how collected.
Section 137.585 - Township special road and bridge tax, how levied, collected and disbursed.
Section 137.590 - Such funds to be shown as separate items.
Section 137.595 - Taxes — how collected — how kept.
Section 137.600 - Railroad, telegraph and telephone taxes — rate — how collected and disbursed.
Section 137.715 - Clerks and deputies, appointment, compensation, how paid.
Section 137.900 - Definitions.
Section 137.920 - Warehouse duty to keep records of in-transit property, in-transit defined.
Section 137.930 - Forms for no-situs, tax exemptions, procedure.
Section 137.950 - Evasion of taxes — civil action to recover taxes, costs and attorney's fee.
Section 137.960 - False statements to assessors — penalty.
Section 137.975 - Annual reports to be filed, form, content.
Section 137.977 - Failure to file, penalty — waiver of penalty, when — report deemed filed, when.
Section 137.981 - Administrative and judicial review procedure authorized for private car companies.
Section 137.983 - Private car companies not subject to ad valorem taxation, when.
Section 137.1000 - Title, effective date.
Section 137.1003 - Definitions.
Section 137.1006 - Powers of commission.
Section 137.1015 - Review of original assessment, when — procedures.
Section 137.1024 - Director to notify attorney general of failure to pay taxes due.
Section 137.1027 - Attorney general to institute a suit, when — property subject to seizure, when.
Section 137.1030 - Contingent procedures for freight line company taxes, effective when.