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Ad Valorem Taxation

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We reveal the mystery of learning how to learn the law; even as it relates to taxes.

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Posts: 2
Joined: Sunday June 22nd, 2014 11:02 am MDT

Ad Valorem Taxation

Postby Canderon1740 » Wednesday July 2nd, 2014 11:09 am MDT

New to the site and had a question with regards to ad valorem taxation. I'm from Indiana and was doing a little research with regards to property tax in my state. Governor Noah Noble (elected 1831), enacted the first ad valorem tax on property back in 1833.
Now, regarding: “ad valorem”, the Black's Law Dictionary, 6th edition, Lexicographers wrote:According to value. A tax imposed on the value of property. The more common ad valorem tax is that imposed by states, counties and cities on real estate. Ad valorem taxes, can however, be imposed upon personal property; e.g., a motor vehicle tax may be imposed upon the value of an automobile and is therefore deductible as a tax. A tax levied on property or an article of commerce in proportion to its value, as determined by assessment or appraisal. Callaway v. City of Overland Park, 211 Kan. 646, 508 P.2d 902, 907.

The part that strikes me, is within Indiana we call our property tax an ad valorem tax. This is taxation, at least in my opinion, on an objects value or maybe more accurately "potential" to create value with commerce. I believe a homestead deduction has to do with this. The deduction is removing part of your property appurtenant to the land that you claim to dwell in from taxation (the part that isn't used in commerce). In some states a monetary cap is imposed. Either way, the other part of the property (not your shelter) I believe is assumed by the municipality to be used in commerce (this used to be a farm, or now multiple unit dwelling, one in which you aren't living in). I believe this is why they can impose a tax, because really, by filing a homestead deduction, the property owner is basically claiming he/she is using his/her property other then the dwelling in commerce.
So the question comes in two parts. Were municipalities setup prior to 1871 (Corp U.S.) in other states, maybe you could use Colorado as an example? Was ad valorem taxation, even back then, imposed on all property, or just those using their property in commerce (farms, fishing, etc.). I seem to be stuck in my research. I believe strongly my taxation has to do with my claim as a resident within the state or municipality, and in doing so puts me under the umbrella of statutory/code imposition from that municipality, but I'm just trying to start at the beginning. Any response would be appreciated."

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Re: Ad Valorem Taxation

Postby Admin » Wednesday July 2nd, 2014 3:22 pm MDT

:h: Canderon1740:
Most states do not look upon property tax (related to Real Estate) as an ad valorem tax. Though the Latin term (ad valorem) applied to a tax usually relates to a tax based upon a percentage of the value of the real property. Most states do not base property taxes upon the value of the property; rather, property taxes in most states are based upon the amount of “funds” the state has floated bonds for; which bonds were secured by the value of the real estate held by the registered voters in the State. Respectively, when a bond measure is passed, the amount of the bond is split up between the effected voters in a “mill rate levy”, which will be collected over time to repay the funds borrowed against the bonds in question.

Respectively, the obligation to pay the property tax is typically contractually acquired either by:
1. Terms of agreement made by, and between, the registered voter and the State in the voter’s registration agreement;
2. The contractual terms of a real estate purchase contract wherein the seller conveys to the buyer the obligation to pay the same; or,
3. Acquiescence of the property owner to the property tax assessment for a presupposed property tax, when the payment is made without contest of the said assessment.
Respectively, the obligation has little to do with the use of the property in question (commercial of otherwise).

Our experience shows us that most people researching such matters forget to follow the Standard for Review; so, they fail to notice that the parties in question in such situations are rarely the people themselves. Instead, the taxable parties are usually Social Security cardholders (see: Corp. U.S’. Myth 9 and The Seduction).

If such situations were actually dealing with people, we might then question the constitutional validity of ad valorem taxes consistently made against the ownership of property. Sales taxes are most certainly a constitutionally valid form of ad valorem tax; however, when a tax is levied against a property merely due to the property–owner’s ownership, we know of no element of authority from the people for such a thing. Of course, that is where the use of a property in commerce may introduce some potential liability; however, that potentiality would have to be reviewed by using the Standard for Review to discover whether it was a lawful application.

Respectively, though we can help people (Team Law beneficiaries) learn how to learn the law from their own, firsthand, research of the law itself, we cannot give advice regarding the same.

Nonetheless, when a law is on the books as law, regardless of whether a party agrees with it, it must be honorably followed until it is lawfully reversed by a proper contest made in accord with the law. Such contests can be made in any of three ways: judicially, administratively or legislatively.

For more information regarding this topic, the thread continues in the Team Law Beneficiary Private Forum: Ad Valorem Taxation.

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