Personal Property

What is personal property?

Personal property is "...every tangible thing which is the subject of ownership, not forming part or parcel of real property" [K.S.A. 79-102].

What personal property is taxable?

By law, all property in this state, not expressly exempt, is subject to taxation.  Information regarding property tax exemptions can be found in the Property Exempt from Taxation section [K.S.A. 79-101].

Who needs to list personal property?

Every person, association, company or corporation who owns or holds, subject to his or her control, any taxable personal property is required by law to list the property for assessment.  Personal property is listed for assessment on a tangible personal property form (doc), also known as rendition.
Who needs to list personal property tax for taxation.
The Property of: Is Listed By:
A Ward His or her guardian.
A Minor His or her father. If not living or unsound, then his or her mother. If neither are living, then by the person in charge of the property.
The Trust for the benefit of another The Trustee.
An estate of a deceased person The Executor of Administrator of the Estate.
Held in Receivership The Receiver.
A Corporation A Designee of the Corporation.
A Company of Firm An Agent or Partner
If any person, association, company or corporation has in their possession or custody, any taxable personal property belonging to others, it shall be their duty to list the property with the appraiser in the name of the owner of the property. [K.S.A. 79-303]

Who must sign the personal property rendition?
By law, every person, association, company required to list property must personally sign the rendition.  In addition, if a tax preparer completes the rendition then the preparer must also sign and certify that the information is true and correct.

When and where does a taxpayer file a rendition?

All taxable personal property is to be listed by the taxpayer on a rendition that must be filed with the county appraiser on or before March 15th of each year.  Oil and gas renditions must be filed on or before April 1st of each year.  The county appraiser may grant the taxpayer an extension to file if the taxpayer submits a request in writing to the appraiser on or before the March 15th or April 1st deadline, stating just and adequate reasons for the extension.
[K.S.A. 79-1422, 79-1457, K.S.A. 79-306, 79-322]

Place of Listing

 As a general rule, all tangible personal property is listed in the taxing district where the property is located on the first day of January, except for:

  1. Tangible personal property owned by a Kansas resident that is stationed, located or stored on any municipal airport or airfield is listed and taxed in the taxing district where the owner resides.  If the owner is not a resident of Kansas or the County in which the property is located, then the property is listed where it is located.
  2. Motor vehicles used by students while attending a university or college and owned by such student or another person are listed in the taxing district where the owner resides on January 1st.
  3. The tangible personal property of banks, bankers, brokers, merchants, insurance or other companies (except mutual fire insurance companies) is listed in the taxing district were their business is usually done.
  4. The tangible personal property of manufactories or mines is listed in the taxing district where the manufactories or mines are located.
  5. Personal property in transit is listed in the taxing district where the owner resided unless it is intended for a particular business, then it is listed in the taxing district where the business is to be transacted.

Property Removed from Kansas

Whenever property is removed from Kansas between November 1 and the following January 1, and then returned to Kansas prior to the following March 1, the property must still be listed unless the owner submits proof that the property was removed for a legitimate business purpose and was listed for taxation in another state. [K.S.A. 79-304]

What happens if a taxpayer doesn't file a listing of their personal property with the county?

The county appraiser is required by law to apply a penalty to the assessed value of personal property that is not listed in a timely manner or that is not listed at all.  If the county appraiser grants the taxpayer an extension to the filing deadline, penalties are calculated from the March 15th deadline, (April 1st for oil and gas renditions) not the date of the extended deadline.

Refund of Penalties

State law does not allow the county appraiser or the county commissioners to abate, waive or refund penalties.  The Board of Tax Appeals is the only entity that has the authority to abate penalties imposed by the county appraiser or property that is not listed or that is untimely listed.  Taxpayers seeking relief from a penalty must file a grievance application, and pay any applicable filing fee regulated by the Board of Tax Appeals [K.S.A. 74-2438a], with the county appraiser in the county where the penalty was incurred.  The county appraiser will forward the application and fee to the Board.  Either party has the right to request a rehearing or reconsideration within 15 days of the order.

Note:  Since motor vehicles and watercraft can be prorated on to and off of the tax roll, only those motor vehicles and watercraft owned as of the January 1 assessment date will have penalties applied to the value, when applicable. [K.S.A. 79-1422]

How is personal property valued and assessed?
Kansas property tax law requires that all property be taxed uniformly and equally as to class and unless otherwise specified, be valued at its fair market value as of January 1st.  Article 11, Section 1 of the Kansas Constitution places real property and personal property into separate classes.  Class 2 is tangible personal property.  Tangible personal property is further classified into six sub-classes and assessed at the following percentage of value.
Class/Subclass Property Type Assessment
2.01 Mobile homes used for residential purposes. 11.5%
2.02 Mineral leasehold interests, except oil leasehold interests the average daily production from which is five barrels or less. 30%
2.02 Natural gas leasehold interests the average daily production from which is 100 mcf or less. 25%
2.03 Public utility tangible personal property including inventories thereof, except railroad personal property, including inventories thereof, which shall be assessed at the average rate all other commercial and industrial property is assessed. 33%
2.04 All categories of motor vehicles not defined and specifically valued and taxed pursuant to law enacted prior to *January 1, 1985 [*motor vehicles valued under K.S.A. 79-5100 series]
2.05 Commercial and industrial machinery and equipment, which, if its economic life is seven years or more, shall be valued at its retail cost when new less seven-year straight-line depreciation.  Or which, if its economic life is less than seven years, shall be valued at its retail cost when new less straight-line depreciation over its economic life, except that, the value so obtained for such property, notwithstanding its economic life and as long as such property is being used, shall not be less than 20% of the retail cost when new of such property. 25%
2.06 All other tangible personal property not otherwise specifically classified. 30%