Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                          HB 685.1
                                               HOUSE BILL NO. 685
                                         INTRODUCED BY M. BERTOGLIO
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE METHOD FOR APPRAISING CONDOMINIUMS
  FOR PROPERTY TAX PURPOSES; AMENDING SECTION 15-8-111, MCA; AND PROVIDING AN
  IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 15-8-111, MCA, is amended to read:
          "15-8-111.   Appraisal -- market value standard -- exceptions. (1) All taxable property must be
  appraised at 100% of its market value except as otherwise provided.
          (2)      (a) Market value is the value at which property would change hands between a willing buyer
  and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge
  of relevant facts.
          (b)      If the department uses the cost approach as one approximation of market value, the
  department shall fully consider reduction in value caused by depreciation, whether through physical
  depreciation, functional obsolescence, or economic obsolescence.
          (c)      If the department uses the income approach as one approximation of market value and
  sufficient, relevant information on comparable sales and construction cost exists, the department shall rely upon
  the two methods that provide a similar market value as the better indicators of market value.
          (d)      Except as provided in subsection (4), the market value of special mobile equipment and
  agricultural tools, implements, and machinery is the average wholesale value shown in national appraisal
  guides and manuals or the value before reconditioning and profit margin. The department shall prepare
  valuation schedules showing the average wholesale value when a national appraisal guide does not exist.
          (3)      (a) In valuing class four residential and commercial property described in 15-6-134, the
  department shall conduct the appraisal following the appropriate uniform standards of professional appraisal
  practice for mass appraisal promulgated by the appraisal standards board of the appraisal foundation. In
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68th Legislature 2023                                                                                             HB 685.1
  valuing the property, the department shall use information available from any source considered reliable.
  Comparable properties used for valuation must represent similar properties within an acceptable proximity of
  the property being valued. The department shall use the same valuation method to value residential properties
  in the same neighborhood or subdivision unless there is a compelling reason to use a different approach.
            (b)    When valuing residential property under the cost approach, the department shall document
  why the comparable sales model does not support usage of the comparable sales approach, including an
  analysis of whether the cost approach is used for other class four residential property in the market area.
            (4)    The department may not adopt a lower or different standard of value from market value in
  making the official assessment and appraisal of the value of property, except:
            (a)    the market value for agricultural implements and machinery is the average wholesale value
  category as provided in published national agricultural and implement valuation guides. The valuation guide
  must provide average wholesale values specific to the state of Montana or a region that includes the state of
  Montana. The department shall adopt by rule the valuation guides used as provided in this subsection (4)(a). If
  the average wholesale value category is unavailable, the department shall use a comparable wholesale value
  category.
            (b)    for agricultural implements and machinery not listed in an official guide, the department shall
  prepare a supplemental manual in which the values reflect the same depreciation as those found in the official
  guide;
            (c)    (i) for condominium property, the department shall establish the value as provided in
  subsection (5); and
            (ii)   for a townhome or townhouse, as defined in 70-23-102, the department shall determine the
  value in a manner established by the department by rule; and
            (d)    as otherwise authorized in Titles 15 and 61.
            (5)    (a) Subject to subsection (5)(c), if sufficient, relevant information on comparable sales is
  available, the department shall use the sales comparison approach to appraise residential condominium units.
  Because the undivided interest in common elements is included in the sales price of the condominium units, the
  department is not required to separately allocate the value of the common elements to the individual units being
  valued.
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68th Legislature 2023                                                                                              HB 685.1
             (b)   Subject to subsection (5)(c), if sufficient, relevant information on income is made available to
  the department, the department shall use the income approach to appraise commercial condominium units.
  Because the undivided interest in common elements contributes directly to the income-producing capability of
  the individual units, the department is not required to separately allocate the value of the common elements to
  the individual units being valued.
             (c)   If sufficient, relevant information on comparable sales is not available for residential
  condominium units or if sufficient, relevant information on income is not made available for commercial
  condominium units, the department shall value condominiums using the cost approach. When using the cost
  approach, the department shall determine the value of the entire condominium project and allocate a
  percentage of the total value to each individual unit. The allocation is equal to the percentage of undivided
  interest in the common elements for the unit as expressed in the declaration made pursuant to 70-23-403,
  regardless of whether the percentage expressed in the declaration conforms to market value value the units
  individually and allocate only the common area elements to the units based on the percentage of undivided
  interest in the condominium declaration.
             (6)   For purposes of taxation, assessed value is the same as appraised value.
             (7)   The taxable value for all property is the market value multiplied by the tax rate for each class of
  property.
             (8)   The market value of properties in 15-6-131 through 15-6-134, 15-6-143, and 15-6-145 is as
  follows:
             (a)   Properties in 15-6-131, under class one, are assessed at 100% of the annual net proceeds
  after deducting the expenses specified and allowed by 15-23-503 or, if applicable, as provided in 15-23-515,
  15-23-516, 15-23-517, or 15-23-518.
             (b)   Properties in 15-6-132, under class two, are assessed at 100% of the annual gross proceeds.
             (c)   Properties in 15-6-133, under class three, are assessed at 100% of the productive capacity of
  the lands when valued for agricultural purposes. All lands that meet the qualifications of 15-7-202 are valued as
  agricultural lands for tax purposes.
             (d)   Properties in 15-6-134, under class four, are assessed at 100% of market value.
             (e)   Properties in 15-6-143, under class ten, are assessed at 100% of the forest productivity value
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68th Legislature 2023                                                                                            HB 685.1
  of the land when valued as forest land.
          (f)      Railroad transportation properties in 15-6-145 are assessed based on the valuation formula
  described in 15-23-205.
          (9)      Land and the improvements on the land are separately assessed when any of the following
  conditions occur:
          (a)      ownership of the improvements is different from ownership of the land;
          (b)      the taxpayer makes a written request; or
          (c)      the land is outside an incorporated city or town.
          (10)     For the purpose of this section, the term "compelling reason" includes but is not limited to the
  following:
          (a)      there are no comparable sales in the neighborhood or subdivision;
          (b)      the comparable sales model prepared by the department shows that the subject property
  cannot be valued using the market sales approach; or
          (c)      other residential properties in the same neighborhood or subdivision are also valued using the
  cost approach and not the market sales approach."
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          NEW SECTION. Section 2.        Effective date. [This act] is effective on passage and approval.
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          NEW SECTION. Section 3.        Retroactive applicability. [This act] applies retroactively, within the
  meaning of 1-2-109, to property tax years beginning January 1, 2023.
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Statutes affected: 
HB0685_1.pdf: 15-8-111
HB0685_X.pdf: 15-8-111
Enrolled: 15-8-111
Introduced: 15-8-111