Equalization Rules and Regulations

Title 35, Part VI, Subpart 02 of the Mississippi Administrative Code includes rules and regulations concerning Equalization. View a PDF for the entire Part VI (Property Tax).

After July 1, 2010, any reference to Mississippi State Tax Commission, the State Tax Commission, the Tax Commission and/or commission shall mean Department of Revenue and any reference to the Commissioner of Revenue, the Chairman of the Mississippi State Tax Commission, the Chairman of the State Tax Commission, the Chairman of the Tax Commission and/or chairman shall mean Commissioner of Revenue of the Department of Revenue. (refer to § 27-3-4(4) Miss. Code Ann.​)

​Chapter Title​ Citation​
​01 Qualification for Expenditure of Funds 35.VI.2.01​
​02 Certification of Counties for Expenditure of Special Levy 35.VI.2.0​2
​03 Certified Appraisers 35.VI.2.03
​04 Appraisals by Private Firms and Consultants 35.VI.2.04
​05 Qualifications of Class I Property 35.VI.2.05
​06  Standards of Acceptance 35.VI.2.06
​07
Centrally Assess Property 35.VI.2.07
​08 Appraisal of Personal Property​ 35.VI.2.08
 

Qualification for Expenditure of Funds

  35.VI.02.01 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter 1

100 
To qualify for the expenditure of funds pursuant to Section 27-35-165, of Mississippi Code of 1972:
1.    Plans for reappraisal by any county must contain a provision that the reappraisal work will be performed in conformity with the guidelines established in the appraisal manuals of the Mississippi State Tax Commission.
2.   Any contract for reappraisal entered into by a county must contain a provision that the reappraisal work will be performed in conformity with the guidelines established in the appraisal manuals of the Mississippi State Tax Commission.
101  (Reserved)


Certification of Counties for Expenditure of Special Levy

 

35.VI.02.02 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter 2

100 

Section 27-39-329, Mississippi Code of 1972, requires that each county shall levy an ad valorem tax of one (1) mill upon all taxable property of the county, beginning with taxes levied for the fiscal year 1983.  The avails of and interest on such taxes may not be expended during any fiscal year unless the county has been certified by the State Tax Commission to be in compliance with said section.

101
Application for certification made by any county must show that all the following requirements have been fulfilled in conformity with guidelines established in Tax Commission Appraisal Manuals:
1.       Reappraisal of all property
2.       Appraisal and assessment records being maintained
3.       Ownership-mapping system established
4.       Certified appraisers employed  (Counties with not more than 5,000 homestead exemption applications  must have one; counties with more than 5,000 must have two.)
102

Certification must be made before the beginning of each fiscal year.

103   (Reserved)

Certified Appraisers

35.VI.2.03 revised effective August 15, 2008

 

35.VI.02.03 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter 3

100

Miss. Code Ann. Section 27-3-52, provides that the Mississippi State Tax Commission shall set forth the minimum requirements for which county tax assessors and/or their assistants, appropriate state employees, employees of planning and development districts, or other persons may attain certification as an appraiser. 

101

Individuals may attain certification by attending and satisfactorily completing the Mississippi Education and Certification Program (MECP) or by passing a challenge basis comprehensive examination.  A higher level of certification or expertise may be required to contract for the reappraisal of property or for property appraisals as set forth below.

200

Certification for county tax assessors and/or their assistants, appropriate state employees, and employees of planning and development districts.

201
Initial certification will be approved for county tax assessors and/or their assistants, appropriate state employees, and employees of planning and development districts for those individuals who attend and satisfactorily complete the MECP taught by the Mississippi State Tax Commission or who pass a challenge basis comprehensive examination on the following subjects of instruction, but not limited to:
1.      Mapping
2.      Appraisal of Residential Property
3.      Appraisal of Personal Property
4.      Appraisal of Commercial Property
5.      Urban and Agricultural Land Valuation
6.      Maintenance and Updating Procedures
7.      Cost Index and Ratio Studies
8.      Property Tax (Land) Rolls  
202

The MECP will encompass all, but is not limited to, the above subjects and will be taught or presented by the Mississippi State Tax Commission. The expense for attending the program will be borne by the County according to Miss. Code Ann. Section 27-3-52.  The challenge basis comprehensive examination is principally for experienced appraisers who submit appropriate justification to the Mississippi State Tax Commission and may be attempted only once. 

203

Certification for subsequent fiscal years shall be attained by mandatory attendance of a recertification course of instruction taught or presented by the Mississippi State Tax Commission or its designee or by attendance of the International Association of Assessing Officers’ courses as designated by the Advisory Board to the MECP.

204

The administrative procedures of the mandatory attendance requirements shall be established and monitored by the Advisory Board to the MECP, or its designee(s).

205

(Reserved)

300

Certification for all other persons

301

When work is performed under the direction of the county tax assessor, initial certification will be approved for the individual primarily responsible for the contract at a private firm or for a private consultant having a minimum of five (5) years of mass appraisal experience and who attends and successfully completes all qualifications pursuant to the MECP and receives the certification level of Mississippi Assessment Evaluator (MAE) when the work is performed pursuant to Miss. Code Ann. Section 27-35-165(2)(a) or (b).

302

When work is not performed under the direction of the county tax assessor, initial certification will be approved for the individual primarily responsible for the contract at a private firm or for a private consultant who is a state certified real estate appraiser as defined in Miss. Code Ann. 73-34-3 having a minimum of five (5) years of mass appraisal experience and who attends and successfully completes all qualifications pursuant to the MECP and receives the certification level of MAE and the work is performed pursuant to Miss. Code Ann. Section 27-35-165(2)(a) or (b).

303

Additional personnel may perform work under a contract with a private firm or under the direction of a private consultant pursuant to Miss. Code Ann. Section 27-35-165(2)(a) or (b) if the additional personnel attend and successfully complete all qualifications pursuant to the MECP and receive certification and are working directly under a person with five years of mass appraisal experience and certification as a MAE.

304

Certification for subsequent fiscal years shall be attained by mandatory attendance of a recertification course of instruction taught or presented by the Mississippi State Tax Commission or its designee or by attendance of the International Association of Assessing Officers courses  as designated by the Advisory Board to the MECP and by maintaining the status of a state certified real estate appraiser if required for initial certification.

305

The administrative procedures of the mandatory attendance requirements shall be established and monitored by the Advisory Board to the MECP, or its designee(s).

306 (Reserved)


Appraisals by Private Firms and Consultants

 

35.VI.02.04 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter 4

100 The work of a private firm contracting with any county of the State of Mississippi for the reappraisal of property or for property appraisal updates to be performed under the direction of the county tax assessor in connection the assessment of Mississippi Ad Valorem taxes must be performed under the direction of a field supervisor with the following experience and professional certifications:
1.      Not less than five years experience in mass appraisal of land, residences, commercial property and personal property as an appraiser or supervisor. The experience requirements may be met in total within five years if the individual had responsibility in all four areas of mass appraisal. Private firms contracting solely for the purpose of performing real property appraisals shall not be required to have experience with appraisal of personal property but shall be required to have not less than five years experience with the mass appraisal of land, residences and commercial property.  Private firms contracting solely for the purpose of performing personal property appraisals shall not be required to have experience with appraisal of land, residences and commercial property but shall be required to have not less than five years experience with the mass appraisal of personal property
2.      Additionally, such person must have obtained the Certified Appraiser certification and an Assessor Evaluator II designation prior to placing a performance bid.   To perform contracts beginning on or after October 1, 2007, such person must have a Mississippi Assessment Evaluator (MAE) certification.  Certified Appraiser, AE1, AE2 and MAE are certifications of the Mississippi Education and Certification program which is a joint effort of the Mississippi State Tax Commission, the Center for Governmental Technology at Mississippi State University and the Mississippi Assessors and Collectors Association. 
101

Each person employed or otherwise engaged to appraise property under the direction of the field supervisor described above shall be certified by the Mississippi State Tax Commission as a Certified Appraiser. New employees hired to work for the firm must attain certification by the ending date of the first certification school held after the hiring of the employee. Until certified, the new employee must work daily with an appraiser certified by the State Tax Commission.

102

When a private consultant is hired to perform certain functions of the work of reappraisal of property or property appraisal updates and the work is to be performed under the direction of the county tax assessor, the private consultant and each person employed or otherwise engaged by such private consultant to appraise property shall be certified by the Mississippi State Tax Commission as a Certified Appraiser.

103
When a private firm is hired by the Board of Supervisors of any county of the State of Mississippi for the reappraisal of property or for property appraisal updates and the work is not performed under the direction of the county tax assessor, all personnel employed or otherwise engaged by the private firm to appraise property shall be under the direction of a field supervisor who is a state certified real estate appraiser as defined in Section 73-34-3 of the Mississippi Code of 1972. When a private consultant is hired by the Board of Supervisors of any county of the State of Mississippi to perform certain functions of the reappraisal of property or for property appraisal updates, and the work is not to be performed under the direction of the county tax assessor, the private consultant shall be a state certified real estate appraiser as defined in Section 73-34-3 of the Mississippi Code of 1972. Any such field supervisor or private consultant shall have the following experience and professional certifications:
1. Not less than five years experience in mass appraisal of land, residences, commercial property and personal property as an appraiser or supervisor. The experience requirement may be met in total within five years if the directing appraiser or private consultant had responsibility in all four areas of mass appraisal. Private firms or Private Consultants contracting solely for the purpose of performing real property appraisals shall not be required to have experience with appraisal of personal property but shall be required to have not less than five years experience with mass appraisal of land, residences and commercial property. Private firms or private consultants contracting solely for the purpose of performing personal property appraisals shall not be required to have experience with appraisal of land, residences and commercial property but shall be required to have not less than five years experience with mass appraisal of personal property.
2. Additionally, such person must have obtained the Certified Appraiser certification and the Assessor Evaluator II designation prior to placing a performance bid. On and after October 1, 2007, such person shall be certified by the State Tax Commission and hold a Mississippi Assessment Evaluator designation to bid on county appraisal contracts with the Board of Supervisors
104

Not withstanding the qualifications listed above, a licensed appraiser of any state in the United States, or a Certified Assessment Evaluator (CAE) as designated by the International Association of Assessing Officers, or any person holding MAI designation from the Appraisal Institute may apply to the Property Tax Office of the State Tax Commission to perform specialized appraisals if he/she can document expertise in such appraising. The State Tax Commission will determine if the documented expertise is adequate, and if so, will grant authority to appraise special property.

105 (Reserved)


Qualifications for Class I Property

 

35.VI.02.05 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter 5

100

Class I Property (Single Family Owner Occupied, Residential Real Property) shall be assessed at a ratio of ten percent (10%) of true value. Property qualifying for homestead exemption is prima facie Class I property except as provided below.

101

There is no maximum nor minimum acreage prescribed for Class I property. The amount of acreage which is used for residential purposes is a question of fact to be determined on a case by case basis by the county assessor.

102

Property enjoying the benefits of the application of "Agricultural Use Value" shall not, by definition, be eligible for the application of the benefits of Class I Property.

103

Multi-family housing such as duplexes, triplexes and apartments of a commercial nature are not eligible, in whole or part, for classification as Class I Property.

104

Condominium Housing, wherein each single family unit is occupied by the owner and/or his or her family, is eligible for classification as Class I Property.

105 Property owned by multiple persons is not eligible for treatment as Class I Property unless the owners are related in the third degree and are otherwise eligible.

106

Military personnel on temporary duty in Mississippi who have declared their permanent residence to be in another state, but who own and occupy their home in Mississippi, are eligible to have their home treated as Class I Property if it is otherwise qualified.
107

 Property otherwise eligible for treatment as Class I Property is not disqualified by virtue of multiple generations of the same family occupying the same home or multiple homes on land held in common.

108

Agricultural buildings, as defined in the State Tax Commission manual "Appraisal of Rural Structures", wherever located, will be treated as Class II Property.

109

The land roll will depict Class I and Class II Property separately. In the first column, immediately under the brief legal description, the Class I portion of the parcel will be shown in the following sequence and on a single line: Land (or L); improvements (or I); Total (or T)

109.01 The Class II portion, if applicable, will be shown in the same sequence in the next line. Each line will be clearly denoted as to class of property. A third line will depict a total of the two classes of the parcel, if applicable. All columns to the right will reflect the appropriate data by class or as totals of the two classes. All printing of this information on the property rolls shall be at a rate of 6 lines per inch.
110

The "Page of Pages Recapitulation" will result from a footing of each column's totals for parcels from each page. No separate breakdown by class is necessary.

110.01 

The "General Recapitulation" where the values and acreage of such species of property is shown as "cultivatable" and “uncultivatable", will be necessary to depict separately the acreage in the case of land and the value of land, and improvements of Class I and Class II property.

111 The true value as well as the assessed value for each class of property shall be on the tax receipt or statement.
112 (Reserved)


Chapter 6, Standards of Acceptance​

Centrally Assessed Property

 

35.VI.02.07 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter 7

100

Mississippi property in use, and valued and assessed by the Commission under Section 27-35-301, shall not depreciate in value below a floor of 20% of original or gross investment. Property abandoned or out of use, shall not depreciate below a floor of 10% of original or gross investment. Exceptions to the 20% floor for property in use and the 10% floor for property abandoned or out of use shall be allowed only when proof is certified and affirmed by the Commission.

101

When the property of a telecommunication, electric or gas distribution company required to be valued and assessed by the Tax Commission is located in more than one state, the value shall be allocated to the State of Mississippi based upon the original cost of property.

102

When the property of a pipeline company required to be valued and assessed by the Tax commission is located in more than one state, the value shall be allocated to the State of Mississippi based upon the original and depreciated cost of the property.

103

When the property of a railroad company required to be valued and assessed by the Tax Commission is located in more than one state, the value shall be allocated to the State of Mississippi based upon the original cost of the property, track miles, operating revenue, operating miles, and terminal activity.

104 (Reserved)


Appraisal of Personal Property

 

35.VI.02.08 Mississippi Administrative Code
Part VI, Sub-part 02, Chapter8

100 All personal property is required to be annually appraised at true value. This rule establishes a uniform method by which all personal property shall be appraised.
101

 Personal Property Listing:

1. All taxpayers are required to supply to the Tax Assessor on or before the first day of April in each year a true listing of their personal property. This is to be accomplished by providing an asset listing and each year submitting a Personal Property Rendition Form, which should bring the asset listing up-to-date.

2. If any person shall fail to list for assessment, as required by law, any personal property which is taxable under the laws of the State of Mississippi, or shall intentionally fail to provide the Tax Assessor with any documentation that the Tax Assessor considers necessary to verify the list, the current year assessment shall be increased by ten percent (10%).

102

Rebuilding or Refurbishment:

The value of the investment in upgrading or updating equipment shall be captured. This value should be captured for the year of the investment as if the new investment represented a new, or separate, piece of equipment and should be factored and depreciated accordingly. The investment should be associated with the appropriate asset on the taxpayer's asset list. At the time the base (original) equipment is removed from the facility and thus the property roll, the appropriate proportion of the investment should be withdrawn from the dollar entry on the property roll.

103

Depreciation Schedule:

1. The State Tax Commission (STC) will annually supply the appropriate depreciation schedules. The schedule to be applied to a particular industry will be determined by the average class life for that industry as established by Marshall Valuation Service's Life Expectancy Guidelines. This guideline is based on IRS publication number 946 which sets forth economic class lives. The depreciation table bottoms at a twenty percent (20%) good for operating equipment. Salvage value will apply only to equipment, which is not usable. If equipment is operational, it will not be considered salvage.

2. Depreciation on watercraft of every kind and character used in connection with gaming operations that have permanent connections to shore side facilities will be determined by the Mississippi State Tax Commission guidelines (Class Lives of Industries) and published annually.

104

Method of Pricing:

1. Industry: Original acquisition cost new, including all cost associated with installing the equipment in place for production, will be the base for all industrial property. The industry will be classed by utilizing Marshall Valuation Service's manual showing the average life category for the industry. The base cost will be multiplied by the appropriate inflation factor furnished by the STC (from Marshall Valuation Service) based on the age of the item. This calculation will be multiplied by the appropriate percent good depreciation factor (again based on age) that is provided annually by the STC.

2. Business:

a. The STC pricing guide will be used as a source of pricing business personal property. Since the STC is factoring or revising the prices on all items each year, prices used from this source will not be factored for inflation by the Assessor. Prices from the STC manual should be multiplied by the appropriate percent good factor (depreciation schedule) supplied by the STC according to age. Any deviations from the STC pricing guide must be documented in the Assessor's file. Invoices showing prices in arms length transactions, which reflect market value, will be acceptable provided all costs associated with installation of the equipment are included. (Renditions alone will not be acceptable). In the event the invoices do not reflect a market value, then the Assessor should use the pricing guide or other documentation, which clearly establishes the true value of the property in question. This will usually be encountered when the property is purchased at a liquidation sale or other type of forced sale where the property is sold for less than its true value.

b. Any prices that deviate from the STC manual must be classified using the middle value of the asset range life in years of the Marshall Valuation Service's Life Expectancy Guidelines (from IRS Publication 946). Values must be multiplied by the appropriate inflation factor furnished by the STC (based on Marshall Valuation Service) and then multiplied by the STC percent good tables provided by the STC.

c. Documentation for items priced outside the manual and items not und in the manual shall be forwarded to the STC. The missing item(s) will be priced by the STC within ten (10) days from the date of receipt of the written request from the county with sufficient information to identify and value the item(s). In the event the county does not receive the appropriate price within the ten (10) day period, then the Assessor should use comparables or the best information available in arriving at the true value.

106

Obsolescence:

1. Functional Obsolescence: The Assessor may optionally grant an allowance for functional obsolescence. If the Assessor chooses to grant such an allowance in addition to that already contained within the normal depreciation tables, it must remain within the allowance contemplated in the functional obsolescence tables annually furnished by the STC. Only in the most extreme circumstances would an allowance beyond that contemplated in the tables of allowance be allowed. Allowance for functional obsolescence beyond the amount provided in the tables must be elaborately justified by the taxpayer and scrutinized by the Assessor and STC.

2. Economic Obsolescence: Economic obsolescence must be proved on a case-by-case basis to the Tax Assessor.

107 If the observed conditions or supporting documentation or other information regarding the property point to an effective age greater than or less than the actual age, the observed condition or evidence takes precedence over the table of depreciation.
108 (Reserved)
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