Current through Register Vol. 42, No. 11, August 30, 2024
(1) PURPOSE - This
rule is issued pursuant to authority contained in Section
40-7-49,
Code of Ala. 1975, for the purpose of establishing
guidelines and procedures for the uniform implementation of senior property tax
appraisal for ad valorem taxes in Baldwin County, Alabama.
(2) DEFINITIONS - For the purpose of this
rule, the following terms shall have the meanings ascribed herein:
(a) Qualified taxpayer - a person age 65 or
older as of the October 1 lien date for which he or she claims the senior
property tax appraisal and who has maintained any property in the county as his
or her principal place of residence for at least 10 years prior to the year for
which he or she is claiming the senior property tax appraisal.
(b) Senior property tax appraisal - freezes
the assessed value of the property for the year prior to claiming the senior
tax appraisal.
(c) Principal place
of residence - Class III real property, to include land, residential dwelling,
and curtilage, used by the owner as his or her single-family owner-occupied
residence.
(d) Additions to
property - shall include any additional square footage added to the principle
residence as well as any detached structure including, but not limited to,
garages, storage building, pools, tennis courts and workshops.
(3) PROCEDURES - The following
procedures are established to ensure the uniform implementation of senior
property tax appraisal from ad valorem taxes in Baldwin County, Alabama.
(a) The senior property tax appraisal must be
claimed in the same manner that a homestead exemption is claimed. In order to
qualify for the senior property tax appraisal the taxpayer must be age 65 or
older and must have maintained any property in the county as his or her
principal place of residence for at least 10 years prior to claiming the senior
property tax appraisal. The primary place of residence requirement may be
cumulative in nature and does not require continued residency for 10
consecutive years prior to claiming the senior property tax appraisal. Proof of
the residency requirements are the responsibility of the taxpayer.
(b) In order for any property to qualify for
the senior property tax appraisal the property must have a prior year's
assessed value in the name of the applicant as his or her principal place of
residence.
(c) The assessed value
of the property upon which the senior property tax appraisal is claimed shall
be frozen at the assessed value for the year prior to claiming the senior
property tax appraisal. The recipient of the senior property tax appraisal
shall be subject to any applicable homestead exemption and millage rate
changes.
(d) Any addition to the
property after claiming the senior property tax appraisal shall not be eligible
for the original senior property tax appraisal. In order for any addition to
the property to qualify for the senior property tax appraisal the addition must
have a prior year's assessed value in the name of the applicant as his or her
principle place of residence.
(e) A
taxpayer may withdraw their claim for the senior property tax appraisal at any
time prior to the property taxes becoming delinquent.
(f) In the event a property upon which the
senior property tax appraisal is assessed sells for non-payment of property
taxes and is not redeemed prior to the next October 1, lien date, the senior
property tax appraisal shall be forfeited.
(g) In the event a property upon which the
senior property tax appraisal is assessed is destroyed or damaged to the point
it is uninhabitable, the senior property tax appraisal shall be forfeited,
until such time as the property is repaired or rebuilt as the owner's principal
place of residence, resulting in a new assessed value.
Author: Will Martin, Property Tax
Division
Statutory Authority:
Code of Ala.
1975, §§
40-2A-7(a)(5),
40-7-49.