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The Current
Agricultural Use Value Program was implemented within the State
of Ohio to save open spaces and to permit the valuing of farmland
on its ability to produce income rather than on market value. The CAUV law can provide significant tax savings benefits to
those involved in agricultural production if qualifications are
met.
What
is the Current Agricultural Use Value Law?
The
law is an outgrowth of the Constitutional Amendment passed by the
voters of the State of Ohio to save our open spaces, and to protect
the farmer from paying high property taxes for his farmland.
What
are the eligibility requirements?
[1]
Any tract of agricultural land of 10 acres or more which
has been in agricultural use for the last three (3) years
is eligible. A smaller tract may be included in this program if
the tract produced an average income of $2,500 or more from
sales of agricultural products during the previous years or if there
is an expected gross income of that amount.
[2] The land must be devoted exclusively to agricultural use.
Do
you have to own a farm for three years before you can apply?
No.
The farm has to qualify, not the owner.
For
what length of time is the application effective?
The
CAUV application must be filed each year. The County has devised
a very simplified renewal procedure requiring only a notification
from year to year. back to top | back
to faq's
What
happens if I don't re-file my CAUV Application?
If
you do not re-file your application for a Current Agricultural Use
Valuation, then the Auditor is required to value the property at
its true market or current market value to recoup the taxes
for the current tax year and for the three (3) years in
the past. back to top | back to
faq's
When
does the parcel of property become subject to recoupage?
There
are two general reasons for recoupage. First, the failure to
reapply for Current Agricultural Use Value, and second, when a change in use in the parcel occurs, so that the land is
not used exclusively for agricultural purposes. At that point, the
Auditor will notify the owner and recalculate the property's bill. back to top | back to faq's
What
happens when the land is converted from agricultural use?
As
noted in Section 5713.34 of the Ohio Revised Code:
"Upon
the conversion of all or any portion of a tract, lot, or parcel
of land devoted exclusively to agricultural use a portion of the
tax savings upon such converted land shall be recouped as provided
for by Section 36, Article !!, Ohio Constitution by levying a charge
on such land in an amount equal to the amount of the tax savings
on the converted land during the three (3) tax years immediately
preceding the year in which the conversion occurs. The charge shall
constitute a lien of the state upon such converted land as of the
first day of January of the tax year in which the charge is levied
and shall continue until discharged as provided by law." back to top | back to faq's
How
much in terms of tax reduction might I expect?
The
actual reductions are dependent on the Current Agricultural Use
Value (CAUV) which is placed upon the land. Major factors affecting
the value are soil type, soil region and land capability class.
Agricultural commodity prices and production costs also enter in
the CAUV value. The resulting CAUV value replaces the appraised
value; the tax value is set at 35 percent of the CAUV value.
The CAUV values are readjusted on a three-year cycle by the State
Tax commissioner to account for changing agricultural production
costs and commodity prices. back to top | back
to faq's
How
does the CAUV appraisal differ from the fair market value?
The
fair market value normally depends upon establishing the value for
the farm land based on comparing it to recent sales of similarly
situated farms. The CAUV system depends upon capitalizing the expected
net income received from farming. back to top | back to faq's
What
are some the the major advantages of the CAUV program?
[1]
Provides tax relief on agricultural land.
[2]
If the tract of land contains woodland as well as cropland, the
CAUV Law will often provide a greater tax relief than the Ohio Forest
Tax Law because that law applies only to land acreage. back
to top | back to faq's
What
are some of the disadvantages?
[1]
Owner MUST file annually.
[2]
There is a recoupment penalty equal to the tax savings for the past three (3) years if the land use changes to nonagricultural
use or there is a failure to reapply.
[3]
Tracts under 10 acres do not qualify unless the gross annual
income from sales of agricultural products is $2,500 or more. back to top | back to faq's
Is
there an opportunity to discuss the valuation formula's creation?
The
agricultural advisory committee meets in October to discuss
possible changes and adjustments in rates. In February an
open meeting is held to officially adopt the rates for the current
year. Both meetings are open to the public. Ask your County Auditor
or Farm Bureau representative for dates and location information. back to top | back to faq's
How
are a house and other buildings on a CAUV property valued?
The
CAUV law only allows land that is being directly used for
agricultural purposes to be valued using the CAUV valuation formula.
Therefore all homes and structures on an agricultural property,
plus a one-acre home site, are appraised at their fair market value. back to top | back to faq's
When
must I file for CAUV?
At
any time after the first Monday in January and prior to
the first Monday in March of any year. back
to top | back to faq's
Where
should I file my application?
All
applications are to be filed with the Auditor's Office. Trained
personnel can assist individuals in completing their CAUV applications. back to top | back to faq's
Is
there a cost to filing?
Yes there is. The State Legislature has a mandated a $25.00 per
application initial filing fee. The fee stays in the County
Real Estate Assessment Fund for use in financing the program. There
is no charge for annual renewal. back to top | back to faq's
Where
can I find more information about the Current Agricultural Use Value
(CAUV) program?
You
can find more information about Ohio's CAUV program through:
1.
Calling your local Farm Bureau representative.
2.
Talking with your Brown County Auditor.
back to top | back to faq's
*Section
5713.30(A) of the Ohio Revised Code defines "Land Devoted Exclusively
to Agricultural Use" as follows:
(1) Tracts, lots, or parcels of land totaling not less than
ten acres that, during the three calendar years prior to the
year in which application is filed under Section 5713.31 of the
Revised Code, and through the last day of May of such year, were
devoted exclusively to commercial animal or poultry husbandry,
aquaculture, apiculture, the production for a commercial purpose
of timber, field crops, tobacco, fruits, vegetables, nursery stock,
ornamental trees, sod or flowers, or the growth of timber for a
noncommercial purpose, if the land on which the timber is grown
is contiguous to or part of a parcel of land under common ownership
that is otherwise devoted exclusively to agricultural use, or were
devoted to an qualified for payments or other compensation under
a land retirement or conservation program under and agreement with
an agency of the federal government;
(2) Tracts, lots or parcels of land totaling less than ten acres that, during the three calendar years prior to the year in which
application is filed under Section 5713.31 of the Revised Code and
through the last day of May of such year, were devoted exclusively
to commercial animal or poultry husbandry, aquaculture,
apiculture, the production for a commercial purpose of
timber, field crops, tobacco, fruits, vegetables, nursery stock,
ornamental trees, sod, or flowers where such activities produced
an average yearly gross income of at least twenty-five hundred
dollars during such three-year period or where there is evidence
of an anticipated gross income of such amount from such activities
during the tax year in which application is made or were devoted
to an qualified for payments or other compensation under a land
retirement or conservation program with an agency of the federal
government.
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