Current through Register Vol. 42, No. 11, August 30, 2024
(2)
PROCEDURES - To ensure the equitable
taxation of motor vehicles in Alabama, the Property Tax Division of the Alabama
Department of Revenue shall determine the market value of vehicles using
industry and other market sources having knowledge of average retail value by
make, model, and type of motor vehicles. The market value shall be 89% of the
determined average retail value of the motor vehicle in order to account for
pollution control equipment, depreciation, and the condition of the vehicle.
(a) Valuation for ad valorem tax assessment
purposes shall be based on the fair and reasonable value of the motor vehicle
on October 1. The October 1 valuation shall be used for calculating ad valorem
taxes in the following calendar year. When a value is unavailable, the market
value for new models shall be determined annually as follows: the Department of
Revenue shall conduct a study on all vehicle types to determine the appropriate
relationship of the previous year's first average retail value of each vehicle
type to the previous year's published manufactures suggest retail prices
(MSRP). This study will include:
1. Compiling
the vehicle identification information for all new model year motor
vehicles.
2. Reviewing data
supplied by a nationally recognized publisher of vehicle value information to
measure the relationship of each motor vehicle's previous year's average retail
value at the first publication of average retail value by the publisher in
relation to the each motor vehicle's previous year's manufacturer's suggested
retail price.
(i) This relationship will be
quantified as a percent good for each individual vehicle for which that data is
available.
(ii) This relationship
will be quantified by manufacturer using a median statistic.
3. During the annual vehicle
valuation process, the current year's market value estimate for a new model
year motor vehicle, when an average retail value is unavailable, will be
determined using the following formula:
(i)
(MSRP X Adjustment factor {(2)(a) above} X 89% = estimated market
value.
(ii) The estimated market
value determined above will be rounded down to the nearest $100.
(iii) If there is a new motor vehicle model
for which the Department has no reliable data to determine an individual
adjustment factor, then, the median manufacturer adjustment factor {(2)(b)
above} will be used to estimate the current year's estimated market
value.
4. When a motor
vehicle is one year old in the Department vehicle database, the average retail
value (adjusted by 89%) will be the market value estimate to be utilized by
each county in assessing the motor vehicle.
(b) On or before December
15th of each year the division will post the market
value of all motor vehicles, for use beginning the following January
1st, to the division's secure web site and notify
designated personnel of the division, each county assessing official charged
with the duty of assessing motor vehicles, and approved and contracted vendors.
Monthly updates will be posted to the secure web site on or before the
15th day of each month beginning in February and the
above referenced persons and entities will be notified of the
posting.
(c) Valuing Unique
Vehicles. The manual will provide sufficient information for assessing most
vehicles. However, some unique vehicles are not included in the manual. These
vehicles include, but are not limited to home built vehicles, vehicles
purchased in other countries, kit cars, and vehicles which have been assigned
Vehicle Identification Numbers which do not conform to U.S. Standards. An
individual assessment must also be made by the assessing official when the
value in the manual is not representative of a particular vehicle due to
special features or condition. The uniqueness of these vehicles necessitates a
more individualized valuation. An alternate method must be used to value these
vehicles. The following two methods are recommended in valuing unique vehicles.
When using these methods, keep sufficient evidence of the value of the unique
vehicle on file for use by the Examiners of Public Accounts in reviewing your
assessments.
1. Purchase Price and Annual
Depreciation. If the purchase price is available and is representative of the
market value of the vehicle, use the purchase price as a basis for computing
the assessed value, then depreciate the value of the vehicle in subsequent
years by 10 percent per year until the minimum market value for that type
vehicle is reached.
2. Comparable
Vehicle. If the purchase price is not available and it can be determined that
the vehicle is comparable to a vehicle which is listed in the manual, use the
value of the comparable vehicle in determining the appropriate market
value.
3. Valuing vehicle 15 years
old and older. Vehicles 15 years old and older shall be valued at the minimum
value by vehicle type. The minimum values provided below will be used to
calculate the appropriate assessed values on vehicles 15 years old or older. A
minimum assessed value of $20 shall be used when prorating assessed values for
a portion of a year.
TYPE
|
MINIMUM MARKET
VALUE
|
AUTOMOBILES - TYPE 1
|
$ 500
|
LIGHT TRUCKS - TYPE 2
|
$ 500
|
HEAVY TRUCKS - TYPE 3
|
$2,000
|
MOTORCYCLES - TYPE 6
|
$ 200
|
CAMPERS (POP-UPS) -TYPE C
|
$ 200
|
TRAILERS - TYPE S
|
SEMI-TRAILERS
|
$1,000
|
UTIL - UTILITY TRAILERS
|
$ 200
|
TRAVEL TRAILERS - TYPE T
|
$ 500
|
RECREATIONAL VEHICLES - TYPE R
|
$1,000
|
BUSES - TYPE B
|
$3,500
|
SCHOOL BUSES - TYPE Z
|
$2,000
|
(d) A valuation placed on a motor vehicle may
be protested before the County Board of Equalization. The objection must be
submitted in writing to the secretary of the Board not later than thirty
calendar days from the date taxes were paid.
(e) If the valuation of a motor vehicle is
adjusted by the Board of Equalization for an incurable condition such as
excessive mileage, the county would need to retain this value and treat the
vehicle as a unique vehicle, depreciating the value of the vehicle in
subsequent years by 10 percent per year until the minimum value for that type
vehicle is reached.
1. Motor Vehicles are
revalued each year on October 1. The collection of taxes based on those values
is on a staggered monthly basis beginning January 1 immediately following
October 1. Individuals objecting to the valuation of their motor vehicles
should first be referred to the Property Tax Division, Motor Vehicle Valuation
Section for a review of the valuation. If personnel from the Property Tax
Division are unable to satisfy the objections of the taxpayer, the taxpayer
will be instructed to contact the Secretary of the County Board of Equalization
to request a hearing. The taxpayer will be advised to pay the taxes to avoid
penalties and interest and schedule a hearing with the Board when it is in
session. The taxpayer should be instructed to produce appropriate evidence to
support the objections to the value placed on their property.
(f) Ad valorem taxes on motor
vehicles shall be assessed and collected forward on a current basis to coincide
with the collection of motor vehicle license taxes and registration fees. The
ad valorem tax lien follows the vehicle and must be paid before a license plate
may be issued (Section
40-12-253). Unlike registration fees, ad valorem tax continues to accrue even when a
vehicle is not used on the highways. In order to prevent vehicles from escaping
taxation collect all accrued ad valorem tax on a vehicle prior to transferring
a tag to a vehicle or otherwise registering a vehicle.
(g) No license shall be issued to operate a
motor vehicle on the public highways of this state, nor shall any transfer be
made by the license issuing official until the ad valorem tax on the motor
vehicle is paid in the county as evidenced either by a receipt of the tax
collecting official where the owner of the motor vehicle resides, if the motor
vehicle is owned by an individual, or by the receipt of the tax collecting
official in the county where the motor vehicle is based if the motor vehicle is
owned by a firm or trust registered in a name other than the beneficiary,
corporation, or association.
1. Every person
who desires to operate a motor vehicle on the public highways of Alabama shall
first return the motor vehicle for ad valorem taxation to the tax assessing
official of the county in which he or she resides.
2. Every firm or corporation that so desires
to operate a motor vehicle shall first return the motor vehicle for ad valorem
taxation to the tax assessing official of the county where the vehicle is
based.
3. The base of a motor
vehicle shall be the place where a vehicle is most frequently dispatched,
garaged, serviced, maintained, operated, or otherwise controlled, and from
which it ordinarily departs and to which it ordinarily returns.
(h) Ad valorem taxes on motor
vehicles shall become due and payable on the first day of the registration
renewal month of the owner, the date the motor vehicle enters the State of
Alabama, the date the motor vehicle is removed from the inventory of a dealer,
or the date on which the motor vehicle is otherwise determined to be taxable,
whichever comes first.
1. Ad valorem tax on
motor vehicles shall be collected beginning the first day of the month
following the owner's renewal month through the last day of the owner's renewal
month as provided in Section
32-6-61,
Code of Ala. 1975.
2.
Owner shall be defined as stated in
Section
40-12-240,
Code of Ala. 1975 as:
(i) A person or persons holding the legal
title to a motor vehicle.
(ii) The
mortgagor or conditional vendee of a vehicle that is the subject of a chattel
mortgage or an agreement for the conditional sale thereof or other like
agreement with the right of purchase upon performance of the conditions stated
in the agreement and with the immediate right of possession vested in the
mortgagor or conditional vendee.
(i) Effective January 1, 2005, upon the sale,
trade, total destruction, permanent removal from Alabama, theft without
recovery, or other transfer of a motor vehicle constituting Class I, Class II,
or Class IV property under Section
40-8-1,
the owner of such motor vehicle shall be entitled to a pro rata credit for the
ad valorem taxes paid and/or a receipt for credit for the remainder of the then
current period for which such taxes shall have been paid A standard affidavit
will be issued by the Department of Revenue to every county. This affidavit
shall be signed by the owner of the motor vehicle verifying the reason a credit
voucher should be issued. The tax collecting official may require additional
information to accompany the standard affidavit.
1. During the year of implementation,
vouchers that were issued prior to January 1, 2005 but do not expire until
sometime within 2005, require the following procedures. If a valid credit
voucher is presented to the county in which the tax was originally paid and the
voucher can be applied to a vehicle prior to the expiration date of the
voucher, the voucher must be applied. Any excess credit will be issued as a
receipt for credit. In the event a valid credit voucher is presented to the
county in which the tax was originally paid and no vehicles are eligible to
receive the credit prior to the expiration date on the voucher, the taxpayer
should be issued a receipt for credit. Any taxpayer who is within their sixty
day time period to receive a credit voucher as of January 1, 2005, will have a
total of twelve months from the date of demitting their vehicle to receive a
credit voucher and/or a receipt for credit.
2. To determine the available credit or
receipt for credit the total ad valorem tax previously paid for the then
current registration period shall be determined by a ratio, the numerator shall
be the number of full calendar months from the date the motor vehicle is sold,
traded, totally destroyed, permanently removed from Alabama, or stolen without
recovery to the last day of the month of the assigned registration renewal
month for the owner as provided in Section
32-6-61,
and the denominator shall be the number of months for which ad valorem taxes
have been paid with respect to such motor vehicle.
3. In the instance of a direct ad valorem tax
credit, the ad valorem tax credit shall be applied on a pro rata basis against
all ad valorem taxes payable on another motor vehicle or vehicles acquired by
the owner in conjunction with the sale or trade of the motor vehicle. The tax
collecting official shall keep both the original and the taxpayer's copy of the
ad valorem tax credit voucher for the tax official's records.
4. The credit voucher must be used at the
time of issuance. If the voucher cannot be applied, the voucher will be
designated a receipt for credit. The ad valorem tax credit and the receipt for
credit shall be evidenced by a serially-numbered credit voucher bearing the
name of the person entitled to the credit. The voucher shall be a two-ply form
consisting of an original and a copy. The tax collecting official shall keep
the receipt for credit copy and give the original to the taxpayer. The credit
voucher shall entitle the owner to a credit on a pro rata basis against all ad
valorem tax payable on another motor vehicle or vehicles. The receipt for
credit shall entitle the owner to a refund of any unused ad valorem
taxes.
5. The Department of Revenue
shall have the responsibility of issuing the ad valorem tax credit/receipt for
credit vouchers to each county.
6.
The ad valorem tax credit voucher and the receipt for credit can only be
redeemed in the county where the ad valorem tax was originally paid.
7. In no event shall an ad valorem tax credit
voucher or receipt for credit be issued later than twelve months after the date
a motor vehicle is sold, traded, totally destroyed, permanently removed from
Alabama, or stolen without recovery.
8. A taxpayer shall have the next business
day to claim an ad valorem tax credit or receipt for credit if the last day to
claim the voucher falls on a holiday or weekend.
9. No interest shall be allowable on the
amount of any ad valorem tax credit or receipt for credit. The credit voucher
issued shall be creditable only against ad valorem tax levied by those taxing
authorities whose ad valorem tax is paid by the owner of the motor vehicle for
which a credit is allowed.
No credit shall be allowable against any ad valorem taxes
levied by the state unless the credit shall be eligible for application and
applied against ad valorem tax levied by a taxing authority or authorities
other than state.
10. All
individual tax amounts for each fund shown on the ad valorem tax credit voucher
or receipt for credit shall be rounded up to the nearest cent.
11. If an owner meets the requirements set
forth in section (i) and is therefore entitled to an ad valorem tax credit for
ad valorem tax paid to Municipality C, but no longer resides in Municipality C,
a receipt for credit shall be issued for the ad valorem tax paid to the
municipality. If an owner applies for an ad valorem tax credit and has moved
out of the county, the tax collecting official of the county in which the taxes
were originally paid shall issue a receipt for credit.
12. If an ad valorem tax credit voucher is
presented for credit against ad valorem tax due and the amount of the voucher
is in excess of the tax due, a receipt for credit shall be issued referencing
the date of issuance of the voucher so presented. The owner must be given a
refund no later than the twentieth day of the month following the month in
which the receipt for credit was issued. The refund may only be issued in the
form of a check, no cash will be refunded.
13. The taxpayer shall use an ad valorem tax
credit voucher to pay escape tax and current tax on a motor vehicle. If a
taxpayer redeems a credit voucher to pay both escape tax and current tax on the
same motor vehicle, the tax collecting official shall not issue a second credit
voucher against the current ad valorem tax due on the motor vehicle. If the
amount of the tax credit voucher is in excess of both escape tax and current
tax, receipt for credit shall be issued referencing the date of issuance of the
voucher so presented.
14. If a
taxpayer claims an ad valorem tax credit in the same month in which the tax is
paid, ad valorem tax credits shall begin the month after the ad valorem tax is
paid.
15. The ad valorem tax credit
voucher shall not be used to pay interest on delinquent ad valorem tax or
penalties on escape ad valorem tax.
16. The tax collecting official shall collect
a $2.00 commission at the time of redemption of the ad valorem tax credit
voucher and the receipt for credit. One half of the commission collected by the
tax collecting official will be deposited into the general fund of the county
and the balance will go to the State general fund. An ad valorem tax credit may
be used on multiple vehicles. If one ad valorem tax credit is used, only one
$2.00 fee is charged regardless of the number of vehicles to which it is
applied. If the amount of the ad valorem tax credit voucher or receipt for
credit is $2.00 or less, no receipt for credit or credit voucher shall be
issued.
17. An ad valorem tax
credit voucher may be transferred by the owner to the owner's immediate family.
The term "immediate family" is defined as the taxpayer's parents, siblings,
children and spouse, as well as to those members of the same household who are
bound together by ties of relationship.
18. If a motor vehicle is repossessed, ad
valorem tax credits or receipt for credit shall be granted to the individual
who paid the ad valorem tax if a Motor Vehicle Repossession Affidavit or other
documentation is submitted to the tax collecting official.
(j) Ad valorem taxes on motor vehicles shall
become delinquent on the first day of the month following the scheduled
registration renewal month for the owner, or as otherwise provided by law.
1. If the number of months for which taxes
are delinquent cannot be determined, the motor vehicle shall be presumed to
have been in the state for one preceding tax year in addition to the current
tax year for ad valorem tax assessing and collecting purposes, the preceding
tax year shall be the 12 months prior to the acquired date of the
vehicle.
2. Motor vehicles with
delinquent registrations shall be subject to payment of escaped ad valorem
taxes for up to two prior years plus the current year, except for the ad
valorem taxes that would have been due in arrears for the 1999 tax year during
the transition year. The two prior years plus the current tax year shall be
based on the taxpayer's tax years if ownership of the vehicle has not changed.
If the ownership of the vehicle has changed, the two prior years shall be based
on the acquisition date of the motor vehicle and the class of the property
during the twenty-four months prior to the acquisition date. The current taxes
shall be based on the acquisition date of the motor vehicle.
3. Interest shall be applied to delinquent ad
valorem tax at a rate of 12% per year (calculated on a daily basis using a 365
day period) from the delinquent date through the date of the registration or
renewal. If the last day of the owner's renewal month falls on a holiday or a
weekend, interest will not be charged until after the next business
day.
4. A penalty of 10% of the tax
amount shall be collected on escaped ad valorem taxes when taxes have been
delinquent for 12 months or more.
(k) When a motor vehicle enters a dealer's
inventory, no new ad valorem tax lien will attach until the vehicle is sold
from the dealer's inventory. If a motor vehicle enters a dealer's inventory
with an existing tax lien, the ad valorem tax lien remains in effect until
paid.
(l) As a change in tag type
constitutes a subsequent registration, county officials responsible for
assessing/ collecting ad valorem taxes shall collect all ad valorem tax due
since the initial registration through the last day of the owners renewal
month. A replacement tag issued to the owner of a motor vehicle will not
constitute a subsequent registration.
(m) Ad valorem taxes on a motor vehicle shall
be collected on an annual current basis in the registration renewal month of
the owner, in conjunction with registration of the motor vehicle, provided ad
valorem taxes due at the time of registration shall be prorated on a monthly
basis from the date a motor vehicle enters the State of Alabama, from the date
the motor vehicle is removed from the inventory of a dealer, from the date of
transfer of ownership of the motor vehicle, or upon the date a motor vehicle
otherwise becomes subject to taxation.
(n) All millage rate levies and changes
affecting ad valorem taxes on motor vehicles shall become effective on the
January 1 following the levy or rate change.
(o) Ad valorem tax due at the time of
registration on a new motor vehicle registered for the first time with a
manufacturer's certificate of origin where the motor vehicle meets the
definition of Class IV property shall be deferred until the first renewal or
other subsequent registration, whichever comes first. If an individual
purchases a new class IV motor vehicle during their renewal month, thirteen
months of registration fees and ad valorem tax must be collected. Since the
thirteen months represents two different taxing years this would constitute a
subsequent registration. County officials shall issue separate tax receipts for
each ad valorem tax year assessed.
(p) Each county official charged with the
duty of assessing motor vehicles shall use the "uniform motor vehicle valuation
manual" published by the Department of Revenue each year as the basis of
computing the appropriate 15%, 20% or 30% assessed value of all motor vehicles
as per Section
40-8-1,
Code of Ala. 1975, for the purpose of ad valorem
taxation. Classes of motor vehicles and their corresponding assessment ratio
are as follow:
1. Class IV Motor Vehicles
(15%): All private passenger automobiles (including private passenger
automobiles under lease-purchase option agreements), motor vehicles registered
in the name of a beneficiary of a trust, station wagons, sports utility
vehicles, vans and "pickup" trucks (including private passenger "pickup" trucks
under lease-purchase option agreements) weighing eight thousand (8,000) pounds
gross vehicle weight or less, which are owned and operated by an individual for
personal or private use and not for hire, rent, or compensation.
2. Class I Motor Vehicles (30%): This class
includes all motor vehicles owned by public utilities and used in the business
of such utilities.
3. Class II
Motor Vehicles (20%): This class includes all motor vehicles which do not fall
within the definition of Class IV or Class I motor vehicles and includes
motorcycles, recreational vehicles, leased vehicles owned and operated by a
business, and all vehicles used for commercial purposes.
4. Ad valorem tax due on the first renewal or
other subsequent registration shall include the deferred ad valorem tax from
the first registration and the next year's ad valorem tax to be paid in
advance.
5. Deferred ad valorem tax
shall be collected on a motor vehicle at the applicable value and class
according to the first owner listed on the registration.
6. Deferred ad valorem tax on a new motor
vehicle shall be collected at the first scheduled renewal or subsequent
registration in addition to the ad valorem tax due in advance. If a new motor
vehicle is purchased before the owner's renewal month, but the owner fails to
register the motor vehicle until his or her renewal month or thereafter, ad
valorem tax shall be deemed to have been deferred to the owner's first
scheduled renewal month only. Taxes are due from the time of purchase in
addition to ad valorem tax in advance and any applicable interest and
penalties.
7. Deferred ad valorem
tax shall be collected at the applicable millage rate in the county in which
the license plate is renewed.
8.
County officials shall maintain three years of motor vehicle valuations in
their database for deferred or escape ad valorem tax on motor vehicles. When
calculating deferred or escape ad valorem tax on motor vehicles, use the
October 1 market value preceding the tax year for which ad valorem tax is being
collected. County officials shall issue separate tax receipts for each tax year
assessed.
9. County officials shall
submit as required, in addition to other required information, an accurate ad
valorem tax start date (which determines the date from which ad valorem taxes
were deferred or the date the next tax lien attaches to a motor vehicle) and
motor vehicle class to the Department of Revenue.
10. Medal of Honor and Prisoner of War
license plates shall have the ad valorem start date designation 999999 to
indicate the motor vehicle is exempt from ad valorem taxes. Any additional
Medal of Honor and Prisoner of War license plates issued to the owner shall
have an ad valorem start date which determines the date ad valorem taxes were
deferred or the date the next tax lien attached to the motor vehicle.
11. The taxpayer shall not be given an option
on deferment of the ad valorem tax on a new Class IV motor vehicle registered
for the first time.
(q)
All motor vehicles shall be assessed and the taxes shall be collected on the
motor vehicles as provided. Machinery or equipment including, but not limited
to cement mixers, wrecker rigs, box-type bodies, and communications equipment
which may be added to a motor vehicle after it leaves the original manufacturer
and may be moved from one motor vehicle to another shall be separately valued
and assessed with the tax assessing official as personal property.
(r) Refunds shall be granted for ad valorem
taxes on motor vehicles only for monies collected in error, as provided in
Section
40-7-9.1,
Code of Ala. 1975, or upon evidence of valuation
change or adjustment by the County Board of Equalization.