As an Active Member of the Military, Do I Have to Pay Property Taxes?
The assessment of the non-business personal property of military personnel still appears to be an area of confusion, judging from the number of calls we receive on this subject. The subject is further complicated by questions regarding the federal Soldiers and Sailors Relief Act of 1940. (Now entitled Service Members Civil Relief Act 50 USC App. 571) The United States Supreme Court has stated that service [people] shall not lose their residence or domicile at their home state solely by reason of being absent therefrom in compliance with military or naval orders, and that it does not relieve service (people) stationed away from home from all taxes of their state of domicile, but is to also relieve them of the burden of supporting multiple governments.
The effect of the Act is to treat military personnel as though they have never left their home state and county. Consequently, assessors must treat the tangible personal property of Missouri personnel stationed in other states or countries the same as if the taxpayer (and his/her property) were still present in the county. Conversely, the non-business personal property of any military personnel residing in a Missouri county under military orders (and home of record is not Missouri) is not taxable in Missouri.
The Attorney General issued an opinion (Burrell, Op. Att’y. Gen. No 95 (Feb 16, 1966) concluding that non-resident military personnel stationed in Missouri may obtain a certificate of no tax due (often called a waiver) from the collector and license their cars in Missouri without paying property tax on them. If the vehicle is registered jointly with a spouse, the vehicle may not be taxed in Missouri. Verification of a service person’s residence or state of legal residence is easily ascertainable by looking at the bottom potion of their “Leave and Earnings Statement” (i.e., pay stub), which indicates the individuals claimed state of legal residence.
In November 2009, the President signed the Military Spouses Residency Relief Act, the act provides, among other things, that the military spouse shall neither lose nor acquire a residency for tax purposes by reason of being absent or present in any taxing jurisdiction solely to be with the service member in compliance with military orders if the residence is the same for the service member & spouse.
Prior to this change, the State Tax Commission advised assessors that vehicles should not be assessed in Missouri if they were owned individually by the service member whose home of record was not Missouri or jointly by the service member and spouse. Accordingly, we also advised that if the spouse was the sole owner of the vehicle under these circumstances, the vehicle should be assessed.
The change in the federal law now requires a vehicle (or, other personal property) not to be taxed in Missouri if it is owned by the spouse of a service member whose state of legal residence is not Missouri, and whose residence is the same as the service member’s, even if the property is owned individually by the spouse. Conversely, personal property is taxable in Missouri if it is owned by the spouse of that service member stationed outside the state of Missouri but whose state of legal residence is Missouri, even if the property is located outside Missouri, provided the residence of the spouse is the same as the service member’s.
Because of my Military Status, I Will Be Late Filing My Declaration or Paying My Taxes.
Section 137.345, (all cites RSMo 1994) for first class counties and 137.280 for all others, states, in pertinent part
The assessor . . . shall omit assessing the penalty in any case where he is satisfied the neglect falls into at least one of the following categories:
(1) The taxpayer is in military service and is outside the state; . . . .
It is the Commission’s position that the assessor must be satisfied that the late filing was due to the person being 1) in the military, and 2) outside the state. The assessor has discretion to waive the penalty or not depending upon his or her determination. Further, for this provision to provide a valid reason to waive the penalty, the military personnel would have to be stationed outside the state under military orders. Normally this would also mean they were in active duty. Conceivably, reserves could be “called up” and might also qualify, but in that sense, they too would be “active duty.”
2. Are military personnel exempt from paying interest and late fees on both personal and real estate taxes if they pay after December 31 of the tax year?
Section 139.100 .2 states in part:
Collectors shall, on the day of their annual settlement with the county governing body, file with governing body a statement, under oath, of the amount so received, and from whom received, and settle with the governing body therefore; but, interest shall not be chargeable against persons who are absent from their homes, and engaged in the military service of this state or of the United States.
The legislative intent clearly appears to be that active military personnel absent from their homes, i.e., stationed in another state or country, under military orders are exempt from paying interest. However, this statute does not appear to exempt the military from the collection fee found in section 52.290.
Are Veterans or Former POW’s Exempt from Property Tax?
In the November 2, 2010 election, the voters passed House Joint Resolution 15. The measure amends Article X, Section 6 of the Missouri Constitution to read, in pertinent part:
All property, real and personal, of the state, counties and other political
subdivisions, and nonprofit cemeteries, and all real property used as a
homestead as defined by law of any citizen of this state who is a former
prisoner of war, as defined by law, and who has a total service-connected
disability, shall be exempt from taxation . . . . (New language bolded)
While other provisions of this section indicate that the general assembly “may” exempt property by general law, this particular provision mandates the exemption without requiring any action of the general assembly. In fact, pursuant to Article XII, Section 2(b) of the Missouri Constitution, the measure will take effect thirty days after the election approving it.
Consequently, to qualify, the applicant for such an exemption must 1) be a former prisoner of war and 2) a veteran of any branch of the armed forces of the United States or this state who became one hundred percent disabled as a result of his or her military service, and must 3) own and occupy the homestead as a primary residence.
PROOF REQUIRED
County records should demonstrate that the Applicant is the owner of the homestead.
The applicant for this exemption should provide the assessor with the following
evidence:
1. Documents or sworn affirmation that the applicant occupies the homestead as
his or her primary residence;
2. A letter from the United States Government or United States Department of
Veterans Affairs as proof of service-connected total disability; AND
3. (a) Form DD 214 (Discharge Certificate) showing Ex-Prisoner of War Status;
OR
(b) A letter from the Military Personnel Records Center1 [also known as
National Archives and Records Administration (NARA)] or the United States
Department of Veteran Affairs indicating that the applicant is former prisoner
of war.