History 1908) Pre-cut Manufactured Homes Presenter: Renée Bridges Division of Property Taxation History 1978) Mobile Homes (Manufactured Homes) are subject to ad valorem taxation rather than taxed as a licensed vehicle. 1980) The Housing Act adopted the change officially mandating the use “manufactured homes” rather than “mobile homes”. 1992) Residential property must be valued by the market approach (TABOR) for property taxation. 2003) HB 04-1157 States that manufactured homes are taxed and valued separately from the land until the owner has purged the title. 2008) HB 08-1260 Changes statutes to include new forms, documentation for manufactured homes to be recorded, and Manufactured Home Transfer Declaration, state wide. 2009) SB 09-040 Changes to HB 08-1260 for better clarification on issues that were raised in 2008. homes were beginning. Montgomery Ward, Sears Roebuck, Alladin Homes, and Hodgson Co. sold homes from 1908-1940 and prices ranged from $146.00 to $5,140.00. 1936) The industry lobbied to have the state tax trailers as personal property rather than real property. Trailer Travel Magazine was started. 1946) Mid-States Corporation, a leading manufacturer coined the term “Mobile Home” in its promotional material. 1953) Trailer Coach Manufacturers Assoc. changed its name to Mobile Home Manufacturers Assoc. 1976) June 15, 1976, National Manufactured Housing Construction and Safety Standards (HUD CODE) goes into effect. Terminology Manufactured Home Built to the 1976 HUD Standards Built on steel undercarriages which are generally permanent Can be titled or never titled HUD label and a data plate attached Self-contained structures with heating, plumbing, and electrical are functional before leaving the factory May be single or multi-section and have a marriage wall in the multi-section units 1 Terminology Mobile Home / Trailer Built prior to 1976, thus not built to HUD standards Some homes were built to ANSI standards No label, only label would be a State of Colorado Mobile Home Certification built between 1971 and 1976 Many park regulations no longer allow pre-HUD homes unless brought to current building codes Terminology Modular / Factory Built Perimeter-based support therefore the steel undercarriage is generally not permanent Modular homes are transported to a site and are joined on a permanent perimeter foundation Modular homes are finished three-dimensional sections therefore are mostly multi-section Modular homes are built to local building codes, IRC/IBC (UBC used prior to 2003) and not titled Mechanical systems installed after home is set on foundation Silver plate located under kitchen sink 2 Terminology Panelized Homes Panelized consist of packaged, factory built components & are site assembled Must conform to local building codes, IRC/IBC or UBC and not titled Plumbing and electrical is designed for easy connection at the site Baths and kitchens may come as core units or in a box Panelized homes can also be called “kit” homes Terminology Park Trailer / Park Model Approximately 400 square feet in size Typically used as temporary living They may be built to ANSI standards and are not inspected by the Division of Housing due to size Considered a recreational vehicle and may have a RVIA sticker, but not titled or plated. Can also be built to IRC/IBC/UBC or HUD Valued by the county assessor’s office Parties Involved and Roles Assessor Treasurer County Motor Vehicle Division County Clerk and Recorder Colorado Division of Motor Vehicles (DMV) Department of Transportation Division of Housing Division of Property Taxation District Attorney Other Governmental Entities (Re: Destroyed) Constitutional Provisions Exemption Federal, state, county, and political entities Valuation methods Cost, market, income Market for residential for non-residential Assessment rate 29% for non-residential Fluctuating rate for residential (2013/2014 is 7.96%) 3 Assessment Rate Difference Statutory Provisions Class Commercial Value $100,000 Assm’t Rate x 29% Ass’d Value $29,000 Mill Levy-78.5 x .0785 Taxes $2,277 Residential $100,000 x 7.96% $7,960 x.0785 $625 Property Tax Statutes Definitions § 39-1-102, C.R.S. (7.8) Manufactured home (8) Mobile home (8.3) Modular home Property Tax Statutes § 39-10-111(10), C.R.S. Distraint, sale of personal property – redemption of mobile homes. Titled manufactured homes have a one-year redemption period, unless the home is permanently affixed to the ground with proper documentation. Exemptions Division approved Religious, private schools, and charitable Annually filed Inventory of dealer, situated on a dealer lot used by state, political subdivision, or state-supported institution Property Property Tax Statutes § 39-10-103, C.R.S. Must be included on the tax statement for all titled manufactured homes. ”This property may not be moved without a valid permit or prorated tax receipt and a transportable manufactured home permit from the county treasurer’s office. Violators shall be prosecuted.” Property Tax Statutes Continued § 39-10-111(10), C.R.S. Upon redemption of a manufactured home, the treasurer will notify the motor vehicle office that a redemption has been made. The holder of certificate of ownership for the manufactured home shall be transferred all interest and certificate of ownership will entitle the holder a certificate of title. 4 Titles to Manufactured Homes § 38-29-119, C.R.S. When a manufactured home title is not in current owner’s name, bonding for title for twice the actual value determined by assessor is necessary to obtain new title. Unless the manufactured home is 25 years or older, then the surety is not required. Manufactured Home Forms as of July 1, 2008, including subsequent year changes. Certificate of Permanent Location For A Manufactured Home Certificate of Permanent Location For A Manufactured Home Subject to a Long-Term Land Lease Certificate of Removal for a Manufactured Home Certificate of Destruction for a Manufactured Home Affidavit of Real Property for a Manufactured Home Manufactured Home Transfer Declaration Titles to Manufactured Homes § 38-29-122, C.R.S. Inspection of manufactured homes. Any person making application for a certificate of title must have an inspection of the VIN number by authorized person. § 38-29-122(I), C.R.S., provides proof from the county treasurer’s office that no taxes are due. Certificate of Permanent Location & Certificate of Permanent Location, Long Term Land Lease Recorded for a manufactured home that will be permanently affixed to the ground and for a manufactured home that occupies real property subject to a long-term lease, that has an express term of at least ten years, § 38-29-202, C.R.S. Proof that taxes are paid or will be collected with a certificate of taxes due or authentication of paid ad valorem, § 38-29-202(2)(e), C.R.S. Writeable documents found under ‘Forms’ located at: http://dola.colorado.gov/dpt Certificate of Removal Recorded for a manufactured home that will be moved from its permanent location, including manufactured homes subject to a long-term lease, § 38-29-203, C.R.S. Proof that taxes are paid or will be collected with a certificate of taxes due or authentication of paid ad valorem, § 38-29-203(2)(e), C.R.S. Note: Depending on where home is moving, will determine what amount of tax is collected by the county treasurer’s office. Certificate of Destruction Recorded for a manufactured home that will be destroyed, dismantled, or sold as salvage, § 38-29-204, C.R.S. Proof that taxes are paid or will be collected with a certificate of taxes due or authentication of paid ad valorem based on the prorated value of the home, § 38-29-204(2)(e), C.R.S. Homes deemed material dangerous, etc. by a governmental entity are not required a certificate of taxes due or authentication of paid ad valorem, § 38-29-204(1)(d)(I), C.R.S. 5 Certificate of Destruction “Evidence of violation” means a notice from a governmental entity (federal agency, state, county, town, city, or city and county) that a manufactured home is deemed dangerous or hazardous, § 38-29-204(1)(d)(III), C.R.S. What to do with manufactured homes destroyed by recent Colorado flooding? Manufactured Home Transfer Declaration (MHTD) A Manufactured Home Transfer Declaration must be forwarded to the County Assessor when a titled manufactured home is conveyed and a new title application is submitted. § 39-14-103, C.R.S. Affidavit of Real Property Proof that a manufactured home has been permanently affixed to the ground prior to July 1, 2008, § 38-29-208, C.R.S. Signature from county treasurer (or designee) that taxes have been collected in the same manner as other “real property” in the county. No certificate of taxes due or authentication of paid ad valorem is required, § 38-29-208(1)(c), C.R.S. Discovery The process of discovery and data collection can be a difficult task; however, with the changes from HB 08-1260, data collection is less difficult. Including: Manufactured Home Transfer Declaration (MHTD) Real Property Transfer Declaration (TD 1000) 6 Discovery as of January 1 or Later Assessment Time Line Most property in Colorado is assessed based on its condition on January 1. Appraisal Date All real property in Colorado is valued using data from the 18 month period preceding the June 30th appraisal date. Titled manufactured homes are assessed on the date they enter the county. Either by entering from out of state or changes taxable status. 1/1/11 Note: There is no prorated value for manufactured homes that move to another Colorado county. Assessment Classification 6/30/12 Time Adjustment 1/1/13 1/1/14 2013 tax year payable in 2014 2014 tax year payable in 2015 Foundations Is the property real or personal? Data Gathering Assessment Dates Per 39-5-202, C.R.S., manufactured homes are subject to taxation as if they were real property. The collection of taxes for titled manufactured homes falls under the provisions of article 10 as if they were personal property, §§ 39-5-202 and 39-10-111(10), C.R.S. Concrete perimeter (poured concrete) Concrete block used as foundation perimeter - Basement - Crawl space - Is the home titled or untitled? If untitled and situated on a permanent foundation-assess the following January 1 with proper recorded documents If titled and situated on a temporary foundation-assessed for the current year when the home: Comes from dealer inventory Was owned by tax exempt entity Was moved into the county from out-of-state What denotes permanent foundations? How the unit is affixed to the land? Perimeter foundations Concrete ribbon or footings - Permanent attachments - Local building codes 7 Physical Inspection Physical Inspection Exterior Outside walls (2x3, 2x4, 2x6 wall studs) Siding (wood, metal, vinyl, etc.) Gable, hip, or bow roof Asphalt shingle or metal/tin rolled roofing Aluminum or vinyl windows Vinyl, tin, wafer board, Celotex or stucco skirting Foundation (block, concrete) Size (exterior measurements w/out tongue) Identification: - Make and model (manufacturer name) - Serial Number or VIN Where to find the serial number Importance of the number Identify how conveyed VIN # Location Physical Inspection Interior Wood panels, decorate panels, drywall Textured ceilings or ceiling panels * A/C, evaporative cooler, fireplace Floor coverings * Room or Bedroom count * Bathroom count Overall Age Quality Condition * More common adjustments Homes Held in Storage Classify and assess as residential or specified use Exception: Located on dealer lot and held as inventory, § 39-5-203(3)(a), C.R.S. Inventory of Dealer, Value Value is prorated by the day, based on the date ownership and location changed Requirements— Manufactured home must be, Listed as inventory by a dealer Located on a dealer’s sales lot (§ 39-5-203(3)(a),C.R.S.) New homes Used homes taken in trade 8 Value of Titled Homes, IS Prorated when the Home: Moves out of the state Moves into the state Demolished or destroyed Changes taxable status Moves out of/into inventory of a dealer and located on a sales display lot The county treasurer’s office will collect property taxes based on the prorated value calculated by the county assessor’s office, § 39-5-205, C.R.S. Change in Taxable Status or date of purchase on the title Taxable to Exempt When untitled homes are conveyed to an exempt entity, date of delivery is considered an exempt day. titled homes are conveyed to an exempt entity, date of purchase on the title is considered an exempt day. When Moves within the county Moves to another Colorado county An authentication of paid ad valorem is issued by the county of origination and all property taxes for the year are collected if the home is to be removed from the county, §§ 39-5-205 and 42-4-510(2)(a), C.R.S. Taxpayer Rights Value is prorated by the day, based on— Date of deed delivery Notice from Division Value of Titled Homes, IS NOT Prorated when the Home: Exempt to Taxable When untitled homes conveyed to a non-exempt entity, date of delivery is considered a taxable day. When titled homes are conveyed to a non-exempt entity, date of purchase on the title is considered a taxable day. Notice of Valuation or Special Notice of Valuation Notice of Determination County Board of Equalization Board of Assessment Appeals District Court Binding Arbitration Abatements Tax Deferral Programs Senior homestead exemption Disabled veteran exemption Currently Currently effective effective Tax deferral Property tax work-off program 9
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