N.J. Admin. Code § 18:15-8.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 18:15-8.2 - Change of use between certain dates

(a) If a change in the use of land occurs between August 1 and December 31 of the pre-tax year, and an application is then pending for assessment under the Act for the ensuing tax year, either the assessor or the county board of taxation, as the case may be, shall deny or nullify such application and, after examination and inquiry, determine the full and fair value of said land under the valuation standard applicable to other land in the taxing district and assess the same according to such value.

Example: An application is filed with the assessor on or before August 1, 2016, for farmland assessment for the tax year 2017. On November 15, 2016, a change in use of the land takes place. The assessor, knowing of the change of use, will deny the application and value and assess the land for the tax year 2017 in the same manner as other real property in the taxing district. If the assessor is unaware of such change before he files his assessment list and duplicate on January 10 following, then the county board of taxation, if it has knowledge of the change before the tax roll becomes final, will revoke the application and assess the land in the same manner as other real property in the taxing district.

(b) If, regardless such change of use, the land is assessed under the Act in the ensuing tax year, then the assessor is required to enter an assessment, as an added assessment against such land, in the "Added Assessment List" for the particular tax year involved in the manner prescribed in the Added Assessment Law, N.J.S.A. 54:4-63.2 et seq.

(c) The added assessment is to be in an amount equal to the difference, if any, between the assessment imposed under the Act and the assessment that would have been imposed had the land been valued and assessed as other land in the taxing district. This added assessment is applicable to the full tax year and not subject to proration.

Example: A change in use takes place on November 15, 2016, but is not discovered by the assessor or the county board of taxation until June 1, 2017. In that event, the assessor will enter an added assessment against the land on the "Added Assessment List" for 2017, in accordance with (b) above. In addition, he or she shall impose roll-back taxes using the regular, not the alternative omitted procedure, for such of the tax years 2016, 2015, and 2014, in which the land was assessed under the Act.

N.J. Admin. Code § 18:15-8.2

Amended by 49 N.J.R. 118(b), effective 1/3/2017