What is the 3% or 5% Limitation (cap) on the Fair Cash Value?
Oklahoma Constitution: Article X section 8B
Despite any provision to the contrary, on and after January 1, 2013, the fair cash value of any parcel of locally assessed real property shall not increase by more than five percent (5%) in any taxable year; provided, if such property qualified for a homestead exemption or is classified as agricultural land, any increase to the fair cash value of such locally assessed real property in a taxable year shall be limited to three percent (3%). The provisions of this section shall not apply in any year when title to the property is transferred, changed, or conveyed to another person or when improvements have been made to the property. If title to the property is transferred, changed, or conveyed to another person, the property shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. If any improvements are made to the property, the increased value to the property as a result of the improvement shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. The provisions of this section shall not apply to any personal property which may be taxed ad valorem or any property which may be valued or assessed by the State Board of Equalization.
The Assessor's office does not have the legal authority to disregard to 3% or 5% limitation. The fair cash value of a property is required to be reflective of the previous year's sales and may increase more than 5% on real property or 3% on homesteaded real property and agricultural property but the taxable fair cash value will be capped as described in Article X section 8. Both the fair cash value and the capped fair cash value are recorded on each real property account.
View the Attorney General opinion on the 5% limitation.
Each County Assessor's office is audited by the Oklahoma Tax Commission annually to insure that each County Assessor's office is in compliance with all tax commission rules and regulations and all legislation that pertains to Ad Valorem taxes.
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