Title 48, Chapter 5, Section 2
( 48-5-2)
As used in this chapter, the term: (1) "Current use value" of bona fide conservation use property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsection (b) of Code Section 48-5-269. (2) "Current use value" of bona fide residential transitional
property means the amount a knowledgeable buyer would pay for the
property with the intention of continuing the property in its
existing use and in an arm's length, bona fide sale. The tax
assessor shall consider the following criteria, as applicable, in
determining the current use value of bona fide residential
transitional property: (A) The current use of such property; (B) Annual productivity; and (C) Sales data of comparable real property with and for the same
existing use. (3) "Fair market value of property" means the amount a
knowledgeable buyer would pay for the property and a willing
seller would accept for the property at an arm's length, bona fide
sale. With respect to the valuation of equipment, machinery, and
fixtures when no ready market exists for the sale of the
equipment, machinery, and fixtures, fair market value may be
determined by resorting to any reasonable, relevant, and useful
information available including, but not limited to, the original
cost of the property, any depreciation or obsolescence, and any
increase in value by reason of inflation. Each tax assessor shall
have access to any public records of the taxpayer for the purpose
of discovering such information. (A) In determining the fair market value of a going business
where its continued operation is reasonably anticipated, the tax
assessor may value the equipment, machinery, and fixtures which
are the property of the business as a whole where appropriate to
reflect the accurate fair market value. (B) The tax assessor shall consider the following criteria in
determining the fair market value of real property: (i) Existing zoning of property; (ii) Existing use of property, including any restrictions or
limitations on the use of property resulting from state or
federal law or rules or regulations adopted pursuant to the
authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating
the property to a particular use; and (iv) Any other factors deemed pertinent in arriving at fair
market value.
(B.1) The tax assessor shall not consider any income tax credits
with respect to real property which are claimed and granted
pursuant to either Section 42 of the Internal Revenue Code of
1986, as amended, or Chapter 7 of this title in determining the
fair market value of real property. (C) Fair market value of "historic property" as such term is defined in subsection (a) of Code Section 48-5-7.2 means: (i) For the first eight years in which the property is classified as "rehabilitated historic property," the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2; (ii) For the ninth year in which the property is classified as
"rehabilitated historic property," the value of the property
as determined by division (i) of this subparagraph plus
one-half of the difference between such value and the current
fair market value exclusive of the provisions of this
subparagraph; and (iii) For the tenth and following years, the fair market value
of such property as determined by the provisions of this
paragraph, excluding the provisions of this subparagraph. (D) Fair market value of "landmark historic property" as such term is defined in subsection (a) of Code Section 48-5-7.3 means: (i) For the first eight years in which the property is classified as "landmark historic property," the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3; (ii) For the ninth year in which the property is classified as
"landmark historic property," the value of the property as
determined by division (i) of this subparagraph plus one-half
of the difference between such value and the current fair
market value exclusive of the provisions of this subparagraph;
and (iii) For the tenth and following years, the fair market value
of such property as determined by the provisions of this
paragraph, excluding the provisions of this subparagraph. (E) Timber shall be valued at its fair market value at the time of its harvest or sale in the manner specified in Code Section 48-5-7.5. (4) "Foreign merchandise in transit" means personal property of
any description which has been or will be moved by waterborne
commerce through any port located in this state and: (A) Which has entered the export stream, although temporarily
stored or warehoused in the county where the port of export is
located; or (B) Which was shipped from a point of origin located outside the
customs territory of the United States and on which United
States customs duties are paid at or through any customs
district or port located in this state, although stored or
warehoused in the county where the port of entry is located
while in transit to a final destination. |