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79-1427a. Listing and appraisal of escaped personal property; duties of county appraisers; penalty; distribution of taxes paid under protest; grievances, procedure. (a) If, the county appraiser discovers, after the tax roll has been certified to the county clerk, that any tangible personal property subject to taxation has been omitted from the tax rolls, the county clerk shall place such property on the tax roll as an added tax, or if, after one year from the date prescribed by K.S.A. 79-306, and amendments thereto, for the listing of tangible personal property, the county appraiser discovers that any tangible personal property which was subject to taxation in any year or years within two years next preceding January 1 of the calendar year in which it was discovered has not been listed or has been underreported for whatever reason, such property shall be deemed to have escaped taxation. In the case of property which has not been listed, it shall be the duty of the county appraiser to list and appraise such property and, for an added tax, add penalties as prescribed in K.S.A. 79-1422, and amendments thereto, and which shall be designated on the appraisal roll as an added appraisal for that year. In the case of property which has escaped taxation, it shall be the duty of the county appraiser to list and appraise such property and add 50% thereto as a penalty for escaping taxation for each such year during which such property was not listed, and it shall be designated on the appraisal roll as "escaped appraisal" for each such preceding year or years. In the case of property which has been listed but underreported, it shall be the duty of the county appraiser to list and appraise the underreported portion of such property and add 50% thereto as a penalty for escaping taxation for each such year during which such property was underreported, and it shall be designated on the appraisal roll as "escaped appraisal" for each such preceding year or years. The county clerk, upon receipt of the valuation for such property in either of the aforementioned cases, shall place such property on the tax rolls and compute the amount of tax due based upon the mill levy for the year or years in which such tax should have been levied, and shall certify such amount to the county treasurer as an added or escaped appraisal. The amount of such tax shall be due immediately and payable within 45 days after the issuance of an additional or escaped property tax bill by the county treasurer. The county treasurer may not distribute any taxes assessed under this section and paid under protest by the taxpayer pursuant to K.S.A. 79-2005, and amendments thereto, until such time as the appeal is final. No interest shall be imposed unless the tax remains unpaid after such 45-day period. Taxes levied pursuant to this section which remain unpaid after such 45-day period shall be deemed delinquent and the county treasurer shall collect and distribute such tax in the same manner as prescribed by law for the collection and distribution of other taxes levied upon property which are delinquent. If the owner of such property is deceased, taxes charged as herein provided shall be levied against the estate of such deceased person for only two calendar years preceding death and shall be paid by the legal representative or representatives of such estate. In the event that such escaped appraisal is due to any willful or clerical error of the county appraiser, such property shall be appraised at its fair market value and no penalty shall be added.

(b) A taxpayer with a grievance as to any penalty applied pursuant to the provisions of this section, may appeal to the state board of tax appeals on forms prepared by the state board of tax appeals and provided by the county appraiser. The state board of tax appeals shall have the authority to abate any penalty imposed under the provisions of this section and order the refund of the abated penalty, whenever excusable neglect on the part of the person required to make and file the statement listing property for assessment and taxation purposes is shown, or whenever the property which has been deemed to have escaped taxation is repossessed, judicially or otherwise, by a secured creditor and such creditor pays the taxes and interest due. No interest shall be assessed during the pendency of this appeal.

(c) The provisions of this section shall apply to any tangible personal property discovered during the calendar years 1982, 1983, 1984 and any year thereafter to have escaped appraisal and taxation during any such year or any year within two years next preceding any such year.

History: L. 1985, ch. 309, § 1; L. 1987, ch. 372, § 3; L. 1990, ch. 346, § 1; L. 1995, ch. 38, § 1; L. 2004, ch. 173, § 10; L. 2008, ch. 109, § 86; L. 2014, ch. 141, § 95; July 1.

Cross References to Related Sections:

Listing and appraisal of escaped public utility property, see 79-5a15.

Law Review and Bar Journal References:

"Survey of Kansas Law: Taxation," Sandra Craig McKenzie and Eric B. Milstead, 37 K.L.R. 961, 982 (1989).

"What Constitutes Excusable Neglect? A Guide for the Kansas Federal & State Practitioner," Steven W. Allton, John W. Broomes, 77 J.K.B.A. No. 5, 6 (2008).

Attorney General's Opinions:

Escaped taxes on personal property. 86-75.

Taxation of royalty interest on oil and gas lease; sale of interest after assessment and before payment of tax. 87-20.

Merchants' and manufacturers' inventory; recertifying valuations of public utility property; time for collection. 90-8.

Contracts for assistance in collecting property taxes. 94-8.

Penalty to be assessed on escaped personal property. 95-90.


1. County has statutory duty to collect taxes on property which escaped taxation and to correct errors listed in 79-1701a. In re application of U.S.D. No. 437 for Tax Relief, 243 K. 555, 560, 757 P.2d 314 (1988).

2. Cited in holding county appraisers permitted to hire outside agencies to assist in assessment of properties. Dillon Stores v. Lovelady, 253 K. 274, 280, 855 P.2d 487 (1993).

3. Whether waiving penalties for certain classes of private property owners violates uniform and equal taxation provision examined. State ex rel. Stephan v. Parrish, 257 K. 294, 298, 305, 891 P.2d 445 (1995).

4. Challenge to tax assessment dismissed where plaintiffs filed in district court before presenting to BOTA. Dillon Stores v. Board of Sedgwick County Comm'rs, 259 K. 295, 298, 302, 912 P.2d 170 (1996).

5. 1995 amendments establishing a two-year statute of limitations for escaped taxes apply retroactively to the taxpayer's pending tax assessments. In re Tax Appeal of American Restaurant Operations, 264 K. 518, 519, 521, 957 P.2d 473 (1998).

6. BOTA's decision to reduce taxpayer penalty for escaped personal property tax supported by competent evidence. Board of Sedgwick County Comm'rs v. Dillon Stores, 25 K.A.2d 342, 351, 962 P.2d 1120 (1998).

7. Section does not apply to real property. In re Tax Protest of United Ag Services, 37 K.A.2d 902, 915, 159 P.3d 1050 (2007).

8. Issue preclusion prevents the county from retroactively taxing the aircraft for the years in which the owners had a valid exemption order; neither K.S.A. 79-1427a nor K.S.A. 79-1422 applies. In re Tax Appeal of Fleet, 293 K. 768, 272 P.3d 583 (2012).

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