PURPOSE: This rule explains when a taxpayer may ask the commission to review a local assessment of real property.

1. (1) For the purpose of appeal under 12 CSR 30-3.010, each year’s tax assessment shall constitute a separate cause of action which the taxpayer may appeal. The value of the subject property will be determined by the method set out in 12 CSR 30-3.001.

2. (2) Except as set in section (3), the taxpayer shall be allowed to litigate the issue of the assessed valuation of the subject property only once in each two (2)-year assessment cycle established by section 137.115, RSMo. For the purposes of this rule, “taxpayer,” unless more specifically described, shall mean the owner or holder of the property which is the subject of the appeal and the successor in title or interest of such owner or holder. “Litigate the issue of assessed valuation” shall mean prosecute an appeal to either a final decision on the merits or to a stipulation resolving the appeal. The assessed value established by the commission for the odd-numbered year also shall be the assessed value for the following even-numbered year.

   1. (A) The commission shall determine the appropriate assessed value of the subject property based on economic conditions present in the market on January 1 of the odd-numbered year and shall resolve all issues presented in the appeal for the odd-numbered year.
   2. (B) Except in those instances in section (3) when the taxpayer is allowed to litigate the issue of assessed value in the even-numbered year, the commission shall rule summarily on the appeal filed for the even-numbered year using the assessed value so established for the previous odd-numbered year.

3. (3) The taxpayer may be allowed to litigate the issue of assessed valuation of the subject property more than once in each two (2)-year assessment cycle if a verified statement filed with his/her appeal states facts which demonstrate that the commission should reconsider the appropriateness of the valuation. Facts which demonstrate that the appropriateness of the valuation should be reconsidered are—

   1. (A) When the assessor or board of equalization should have decreased the assessed value of the subject property for January 1 of the even-numbered year in the two (2)-year assessment cycle pursuant to 12 CSR 30-3.001, but failed to do so; or
   2. (B) When the assessor or board of equalization raises the assessed value of the subject property for January 1 of the even-numbered year in the two (2)-year assessment cycle pursuant to 12 CSR 30-3.001.
4. (4) A taxpayer who fails to appeal the assessed value in the odd-numbered year does not waive his/her right to appeal the assessed value in the even-numbered year. Any decision on the appeal of the assessment for the even-numbered year shall affect only the even-numbered year’s assessment.
5. (5) A taxpayer who acquires title to or interest in property after the close of the board of equalization appeal hearings may not appeal to the commission for that tax year if the predecessor in title or interest had not appealed to the board of equalization for the year in which the transfer occurred. If the predecessor in title or interest had appealed to the board of equalization, and if such predecessor or successor in title or interest timely filed an appeal to the commission which is still active at the time of transfer of title or interest, the successor in title or interest may then complete the appeal process for that tax year before the commission. If the predecessor in title or interest litigated the issue of assessed valuation of the subject property in the odd-numbered year, the successor in title or interest to the same property may not lodge an appeal in the following even-numbered year for the same property unless there has been new construction or improvements as defined in 12 CSR 30-3.001.

AUTHORITY: sections 138.320 and 138.432, RSMo 1994 and 137.115, 138.430 and 138.431, RSMo Supp. 1999.* Original rule filed May 14, 1991, effective Oct. 31, 1991. Appeals From Local Boards of Equalization Amended: Filed July 19, 2000, effective Feb. 28, 2001. *Original authority: 137.115, RSMo 1939, amended 1945, 1951, 1959, 1972, 1973, 1981, 1983, 1985, 1985, 1986, 1987, 1989, 1990, 1991, 1992, 1998; 138.320, RSMo 1939, amended 1945; 138.430, RSMo 1939, amended 1945, 1947, 1978, 1983, 1989, 1999; 138.431, RSMo 1983, amended 1986, 1992, 1999; and 138.432, RSMo 1983.