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Taxation
and Assessment
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Property Assessments
in Alaska |
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Contents
Introduction
Frequently Asked Questions
Narrative
Additional Resources
Applicable Laws
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| Introduction Back
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Article XI, Section 3 of the Alaska
Constitution provides
that standards used for appraisal be prescribed by law.
These standards are found in Title 29, Section
45 of
the Alaska Statutes and in a municipality's local ordinances.
Property in Alaska is required
to be assessed (valued for tax purposes) at fair market
value. An assessment should be about the same amount as
what the owner believes the property would sell for in
the open real estate market. (AS 29.45.110)
There are some variations on what "full and true value" is,
in limited cases. These are found in AS 29.45.060 through .065, AS 29.45.110, and AS 29.45.230 and cover certain uses
that restrict or limit the ability to recover full and
true value upon sale, such as farm use, conservation easement,
or property affected by a natural disaster.
The assessor uses mass appraisal
techniques to appraise property. Mass appraisal techniques
are similar to those used by a private appraiser, however,
the scope of the assignment (number of properties to appraise)
and the quality control (statistical analysis) differ.
The assessor may use a single method or a variety of methods
to value property. Smaller municipalities with little market
activity will most likely use a variation of the cost approach,
while larger municipalities with more market activity will
use a combination of the market, income, and cost approaches.
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| Frequently
Asked
Questions Back
to
Top |
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What is an appraisal?
An appraisal
is an "estimate" or "opinion" of
value. It is the appraiser's judgement as to the full market
value as of a specific date (the dollar amount the property
would sell for if there is a willing buyer and willing
seller), and is based on the best data available to the
appraiser at the time of the appraisal.
What is an assessment and
how does it differ from an appraisal?
The terms "assessment" and "assessed
value" are often used to describe the same thing.
The assessed value is based on the appraised value of the
property. In Alaska, state law requires that property be
assessed at market value (AS 29.45.110.) Therefore,
the "appraised
value" and the "assessed value" should equal
the same amount.
What percentage of market
value is required for the assessment?
The statutory
assessment level is set at 100%, therefore your assessed
value should represent
actual market value. However, it should be pointed out
that since the assessor's office is appraising a very large
number of properties, the assessment is often a conservative
value estimate. AS 29.45.060 through
.065, AS 29.45.110,
and AS 29.45.230 identify
situations that may result in an exception to this.
How
does the assessor's
office determine the value of property?
There
are typically three approaches used by an assessor/appraiser
to obtain these values: the "Cost
Approach," the "Sales Comparison Approach" and
the "Income Approach." The basis of the Cost
Approach is that no one will pay more for property than
it will cost them to build another with similar utility
or use. This approach works especially well on newer homes
and buildings when there is a lack of sales data, however,
it is not particularly useful for establishing land values.
The basis of the Sales Comparison Approach is that property
should have a value comparable to other similar property
that has recently sold. The basis of the Income Approach
is that purchasers of income producing property will pay
for the right to receive that income stream over a period
of years. The assessor's office will often use a combination
of these approaches to determine the value of property.
Will painting my house or
other maintenance cause my taxes to increase?
Not necessarily.
Regular maintenance usually does not create an increase
in your property value.
However, it will increase the "life" of your
home or other buildings, thus helping to maintain your
value. A lack of maintenance, on the other hand, will shorten
the life of your buildings, which will cause the structure
value to decrease more rapidly.
Why
won't the assessor's
office reduce my assessment to exactly what I paid for
the property?
The assessor's office is concerned
with two primary issues, valuation and equity. Sometimes
a purchaser of property will get a "good deal" and
it may not truly reflect true market value. The assessor
must assess the property in accordance with what the value
would be between a "typical seller and buyer" in
an open market (AS 29.45.110). The
assessor must not allow the assessed value to reflect these
good deals if they do not reflect what the
typical market will pay for similar property. The assessor
must value similar property with similar values.
I would like to compare
my property valuation with my neighbors. Am I allowed
to look at other individual assessments?
Yes. Assessment records are
considered public records and, as such, are available to
anyone wishing to view them.
During
the assessor's visit
I was asked if they could enter into my house. Am I required
to allow them into my property?
No, not without your permission
(AS 29.45.130).
The assessor's office needs as much data about your property
as they can gather to ensure the assessment reflects the
value of the property as it is. Interior inspections help
the assessor's office in collecting this data. If you would
rather not allow them into your home/structure, you are
not required to. The information will simply be estimated
and if the estimate is in error, the valuation could also
be in error. This could result in you paying more or less
than your fair share of property taxes.
How do I get information
on my assessment?
Under AS 29.45.160 and
.170,
the assessor must prepare an annual assessment roll showing
the names and addresses of persons with taxable property,
all property subject to taxation, and the assessed value.
The assessor then provides notice to each person named
on the assessment roll of the assessed value of taxable
property, payment due date, when taxes become delinquent,
any penalty or interest there might be for failure to
pay, and when the Board of Equalization will meet.
What
if I don't agree with
the assessment?
If a person thinks there might
be an error on the assessment, he or she can inform the
assessor of the error before the board of equalization
meets and ask for a correction. If the assessor finds an
error, they will mail a corrected notice allowing 30 days
for an appeal. (AS 29.45.180 and .190).
A person wishing to appeal
must submit the appeal in writing within 30 days of receipt
of the assessment notice to the Board of Equalization,
or appeal directly to the superior court. A decision of
the board of equalization may be appealed to superior court.
(AS 29.45.200 and .210)
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| Narrative Back
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The assessor's office is not
bound by any one approach to value, but may use all approaches
at his or her disposal. The primary function of the assessment
process is to assure everyone is taxed equally; that is,
that no one pays more or less than his fair share of tax.
The courts do not typically question the methods used by
the assessor to obtain market value estimates, unless there
is a finding of fraud or clear adoption of a fundamentally
wrong principle of valuation (Hoblit v. Greater Anchorage
Area Borough, 473 P2. 630,
Alaska 1970.)
Property values may be appealed
to the local Board of Equalization, which is made up of
either members of the governing body or individuals appointed
by the governing body. The burden of proof for the appeal
rests with the appellant, and the Board of Equalization
will make its decision based on the information in a valid
written appeal or proven at the hearing (AS 29.45.210). That
decision may be appealed to Superior Court and then to
the State Supreme Court. Appeals are heard on the record
established at the Board of Equalization hearing. Many
of our assessment policies today come from Supreme Court
interpretations of the law.
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| Additional
Resources Back
to
Top |
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Publications
- Department of Commerce, Community, and Economic Development, Office of the State Assessor, Alaska
Taxable
Websites
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| Applicable
Laws Back
to
Top |
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State of Alaska Constitution
- Article
IX, Section 1 - taxing
power, prohibitions
- Article
IX Section 2 - non-discrimination
in tax rate
- Article
IX Section 3 - assessment
standards, prescribed by law
- Article
IX Section 4 - exemptions,
authority to prescribe additional exemptions by law
- Article
IX Section 5 - government
property, taxability of private use of otherwise exempt
property
- Article
X, Section 2 - dedication
of taxing powers to boroughs and cities only Article IX
Section 5 - government property, taxability of private
use of otherwise exempt property
- Article
IX Section 6 - public
purpose use of tax revenue
- Article
X, Section 1 - provision
for maximum local self government and non-duplication
of taxing jurisdictions
- Article
X, Section 2 - dedication
of taxing powers to boroughs and cities only
Alaska Statutes
- AS 14.17.510 (see Current
Alaska Statutes) - Assistance
to school districts and municipalities in determining
full and true value
- AS 29.10.200 - Limitation
on home rule powers, taxation, assessment, collections,
exemptions
- AS 29.25.010 - Acts
required to be by ordinance, levy taxes, establish
penalty
- AS 29.35.010 - General
powers and duties of municipality, authorization to
levy tax, enforce ordinances
- AS 29.35.170 - Assessment
and collection of tax, borough collection of city tax
- AS 29.45.010 - Authority
to levy a property tax, areawide, nonareawide, service
area, home rule, first class second class
- AS
29.45.030 - Taxable property
and mandatory exemptions, application for exemption,
ordinance establishing procedures and deadlines, waiver
for late
application, state reimbursement for exemptions, definitions
- AS
29.45.040 - Property tax
equivalency payments, application process
- AS
29.45.046 - River habitat
protection credit, eligibility, calculation method,
exemptions
- AS
29.45.050 - Optional exemptions,
ordinance ratification, mandatory cap on exemptions,
home-rule provisions
- AS
29.45.055 - Levy of flat
tax on personal property exempted from ad valorem tax
- AS
29.45.060 - Farm or agricultural
land
- AS
29.45.062 - Land subject
to a conversation easement
- AS
29.45.065 - Assessment of
private airports open for public use.
- AS
29.45.070-.070 - Mobile
homes, classification
- AS
29.45.080 - Tax on oil and
gas production and pipeline property, DOR valuation
- AS
29.45.090 - Tax Limitation
and mill rate equity
- AS
29.45.100 - No limitation
to pay for bonds
- AS
29.45.103 - Taxation records,
availability
- AS
29.45.105 - Errors in taxation
procedures, state assessor notice, appeal
- AS
29.45.110 - Full and true
value, assessment date, low income housing credit valuation
and exemption
- AS
29.45.120 - Returns
- AS
29.45.130 - Independent
investigations
- AS
29.45.140 - Violations;
authorization to prescribe penalties by ordinance
- AS
29.45.150 - Reevaluation
- AS
29.45.160 - Assessment roll
- AS
29.45.170 - Assessment notice,
delivery
- AS
29.45.180 - Corrections,
errors or omissions
- AS
29.45.190 - Appeal
- AS 29.45.200 - Board
of Equalization
- AS
29.45.210 - Hearing
- AS
29.45.220 - Supplementary
assessment rolls
- AS
29.45.230 - Tax adjustments
on property affected by a natural disaster, sworn statement,
notice, equalization hearing, deadline for determining
rate and mailing statements
- AS
29.45.240 - Establishment
of levy and determination of rate, ordinance and resolution
requirement
- AS
29.45.250 - Rates of penalty
and interest, limitation on rate, interest accrual
- AS
29.45.550 - Cities outside
boroughs
- AS
29.45.560 - Cities inside
boroughs
- AS
29.45.580 - Differential
tax zones
- AS 29.45.590 - Limited
property taxing power for second class cities
- AS
29.45.600 - Combining property
tax with incorporation of a second class city
- AS 29.60.010 - State
revenue sharing tax equalization formula
- AS 29.60.080 - Definitions
- AS 44.33.020(17) (see Current
Alaska Statutes) - Commerce
assistance on valuation, assessment, and taxation;
notification of errors
- AS
43.56.010 - Levy of municipal
tax on oil and gas exploration, production, and pipeline
property, limitation on tax assessment rate
- AS
43.56.020 - Exemptions on
levy of municipal tax on oil and gas exploration, production,
and pipeline property
- AS
43.56.030 - Tax in lieu
of
- AS
43.56.040 - State assessment
review board
- AS
43.56.060 - Commerce assessment
of oil and gas and pipeline property subject to taxation
- AS
43.82.210 - Payment in lieu
of taxes on stranded gas development projects
Regulations
- 3
AAC 131.010-.020 certification
and notification of population for oil & gas property
tax limitations, alternate population determination
methods
- 3
AAC 131.030 - definitions
- 3
AAC 135.010 - .085 senior
citizen and disabled veteran exemptions, method of
application and forms, deadlines and calculations, eligibility
of spouse
- 3
AAC 135.095 - effect of exemption
on other legal encumbrances
- 3
AAC 135.110 - appeal
- 3
AAC 135.120 - definitions
- 3
AAC 136.010 - .045 senior
citizen and disabled veteran property tax equivalency payment
forms, rent verification, eligibility, eligible costs,
age verification, veteran's disability verification,
computation of payment
- 3
AAC 136.060 - definitions
- 3
AAC 138.010 - 020 - farm
and agricultural land assessment and deferment application
forms, income verification
- 3
AAC 138.030 - appeal
- 3
AAC 138.040 - 050 - municipal
maintenance of agricultural land records, confidentiality
- 3
AAC 138.060 - definitions
- 3
AAC 139.010 - state assessor
review of written complaint, review of municipal records
- 3
AAC 139.020 - state assessor
notification of error
- 3
AAC 139.030 - appeal of state
assessor's determination
- 3
AAC 139.900 - definitions
- 15
AAC 56.005-.010 - oil and
gas exploration production and pipeline property tax,
filing property statement with state, notice of assessment,
municipal
notification
- 15
AAC 56.015-.045 - standing
to appeal, appeal to state, appeal to assessment review
board, assessment review board hearing, supplementary
assessments
- 15
AAC 56.050-.065 - credit
and refund of oil & gas property tax, payment due
date,
- 15
AAC 56.070 - average per
capita full and true value determination and notification
- 15
AAC 56.075-.110 - taxable
oil & gas property, exploration, production, pipeline
property
- 15
AAC 56.120 - intangible
drilling expenses
- 15
AAC 56.130 - preservation
of municipal powers
Revised 7/29/03
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