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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
possessory improvements; government property; assessment
Purpose
Requires that possessory improvements qualify for a limited property value and are valued as real property.
Background
A governmental entity owning a parcel of land may allow real property improvements to be built on the land. These privately-owned improvements are known as improvements on possessory rights for property tax purposes. Statute currently requires that improvements on possessory rights, along with other fixed property, that are located on unpatented land, state land or a mining claim be valued as personal property (A.R.S. § 42-19003).
Property must be identified as either real property or personal property in order for the property to be properly valued and assessed. Distinguishing between real property and personal property ensures that all property is taxed only once, either on the personal or the real tax roll. The primary characteristics that distinguish personal property from real property include: 1) the manner and extent to which the item is annexed to land or to improvements; 2) how the property is used; and 3) the intent of the property owner.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires that the assessor shall use standard appraisal methods and techniques to value possessory improvements.
2. Requires the limited property value of possessory improvements to be calculated pursuant to statutory limitation valuation increases.
3. Specifies that the limited property value of possessory improvements is not subject to the statutory exemption for personal property.
4. Specifies that ownership of improvements on government property shall be considered sufficient security for payment of taxes levied and may be placed on the real property roll.
5. Requires the assessment, together with interest, penalties and costs, to be subject to procedures for delinquent taxes as real property.
6. Repeals statute relating to an improvement on possessory rights that is taxed as personal property and is not subject to seizure or sale for delinquent taxes as personal property but is subject to procedures for delinquent taxes as real property.
7. Eliminates statutory references to unpatented land or state land not secured by patented real property being valued as personal property.
8. Defines possessory improvement as all residential, commercial and industrial buildings, together with appurtenant awnings, decks, docks, garages, carports, storage or other incidental buildings located on federal, state, county or municipal property or the property of another political subdivision of Arizona that is owned by a nongovernmental possessor.
9. Specifies that this article does not alter the definition of, or the characteristics used to determine ownership under applicable law.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes specific references to mining claims.
2. Specifies that costs of selling a real property tax lien are subject to real property procedures.
Amendments Adopted by Committee of the Whole
1. Removes specific references to agricultural property.
2. Makes technical and conforming changes.
Amendments Adopted by the House of Representatives
· Adds the applicability clause.
Senate Action House Action
FIN 2/6/19 DPA 9-0-1 WM 3/13/19 DP 10-0-0-0
3rd Read 2/28/19 30-0-0 3rd Read 5/9/19 58-0-2
Prepared by Senate Research
May 9, 2019
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