Module 12 Real Property Taxation
Module 12 Real Property Taxation
XII
Real Property Taxation
LRA
Monrovia
2021
CONTENTS
2
CONTENTS
3
1.1 Legal Basis: Taxation
• Real Property tax covers the period from January 1st to and
including December 31st of each year and it is paid once a year.
• All property which is exempt from real property tax under the
terms of statutes, treaties or agreements passed or entered into by
the Government of the Republic of Liberia, provided that the
property is held and used in accordance with any conditions
contained in such statutes, treaties or agreements.
4.1 Payment: Payment of tax & due date
Tax payment is due no later than 5:00 p.m. on the due date of
each tax return.
4.2 Payment: Extension of time to pay tax
The extension alter the due date for payment of tax, he/she
will be required to pay the interest on delayed tax payments.
5.1 Penalties: General introduction
• Taxpayers are subject to penalties if they do not pay the correct tax
liability within due date.
Let us suppose that "ABC” failed to pay its Real Property tax amount of
US$300.00 from January 1st to July 1st on time and pays on August 2, 2021. In the
case where the market rate as published by the Central Bank of Liberia during
this period was 15.35%.
• Taxpayer: ABC
• Tax amount: US$300.00
• Due date for payment: July 1st
• Tax paid on: August 2, 2021
• Interest charged: 15.35% of tax amount for each successive month
Interest is calculated as follow:
Tax amount x 15.35% x Number of Months
US$300.00 x 0.1535 x 1/12 = US$3.84
Tax amount US$300.00
Interest 15.35% (from July 2 – August 1) US$ 3.84
Total due US$303.84
11.1 Assessments: Tax Payable
By Self-assessment:
• In the form of the taxpayer’s statement of tax due for a tax year. The
taxpayer declares the value of his/her property, through self-declaration,
subject to taxation on the basis of valuation, whether improved or
unimproved.
• In the form of the taxpayer’s statement of tax due for a tax year. The
taxpayer declares the value of his/her property, through a certified tax
appraisal firm, subject to taxation on the basis of valuation, whether
improved or unimproved.
11.2 Assessments: Jeopardy
• Determination after June 15th . When the assessed value of a parcel of land is
determined hereunder and notice thereof is given to the taxpayer after June 15 th
in any calendar year, the operative date shall be January 1 st of the succeeding
calendar year.
11.4 Assessments: Real Property Assessment at
Market Value on Inspection
• Exception when newly completed structures are involved. When newly
constructed improvements on a parcel of land are completed, either fully, or to
the extent that the new construction is being used or can be used for the purpose
for which it was constructed, a determination shall be made of the assessed
value of the parcel on the basis of its market value as at the date of inspection.
• In the event the assessed value becomes operative on or after February 1 st in any
calendar year, the appropriate real property tax shall be levied on the parcel
involved for the remainder of the calendar year at the rate of one-twelfth of the
annual tax based on such assessed value for each month or fraction of a month
of the then current calendar year remaining, and the assessed value shall be
carried on the real property assessment books for a period of 5 years from
January 1st of the succeeding calendar year.
11.5 Assessments: Real Property Assessment at
Market Value on Inspection
• The assessed value so determined upon such re-assessment shall be carried on the real
property assessment record books for an additional 5 year term when notice thereof is given
to the taxpayer on or before June 15th of the succeeding calendar year.
• If no re-assessment of the assessed value of the parcel of land is so determined, then the
prior assessed value shall continue as the basis for the levying of the annual rental property
tax thereon, except that a taxpayer, on or before June 15th of any year subsequent to the
termination of any 5 year term, may serve and file an administrative appeal requesting a
review of the assessed value of the parcel.
• A re-assessment of the assessed value of a parcel of land based on its market value may be
made by the Commissioner General at any given time subsequent to the termination of any 5
year term.
13.1 Depreciation: Determination of Depreciation for
Real Property
• The determination of depreciation for real property is the use of the Economic Age-Life
Method for straight-line depreciation.
• The Effective Age, the period in which an asset is depreciated, as per regulation, is 15 years.
• To determine the depreciation rate of the building or property can attract over 15 years is
defined by the ratio of effective age to total economic life.
That is,
Depreciation Rate = Effective Age/Total Economic Life
15 years/50 years = 30%
• The 30% represents a total depreciation rate of a building or property can attract over 15
years. This means 30% rate is to be spread over a 15 year period such that the annual
depreciation rate becomes 2%, which is 30%/15 years.
• This indicates that the Effective Age of the building is 30% of its Economic Life
That is, Effective Age of the building = 0.30 x 50 years = 15 years
14.1 Notice: Property Tax Bills (Assessment Notice)
• Tax for the year – an assessment of real property at its real and true
value.
• Balance due – the current taxes due and payable including tax
arrears.
• When a taxpayer fails to pay tax on the due date and, after
receiving a 72-hour warning notice, fails to contact the LRA to
make arrangements for payment, or for the purpose of spot audit,
or is unable upon request to present books and records for
inspection as required, the Commissioner General may lock and
seal the person’s place of business and keep it closed for not
more than 5 days for the purpose of examination of taxpayer
records, audit, and provision of advice to the taxpayer
concerning compliance with tax obligations; and the decision of
the Commissioner General to do so is a determination and
subject to the emergency hearing procedure for taxpayer protest.
17.1 Lien: Lien for Taxes
• If the tax debtor fails to pay tax that is due and payable as stated in an
assessment notice, a tax lien is created in favor of the Government of Liberia
upon the property of a tax debtor.
• The lien must be effected, in the case of land and buildings, the Commissioner
General files an application to register the lien by applying to the court of
proper jurisdiction and wherein the court shall, without fee, register the lien
referred to on the title of the land or buildings.
18.1 Seizure & Sale: Seizure and Sale of Assets
• The Commissioner General may place the notice on the owner’s business
premises; or if the Commissioner General does not have sufficient information
to identify the person on whom the notice should be served, the Commissioner
General may published the notice in a local daily newspaper (within two days of
seizure) identifying the items seized and stating the location at which seizure
was made.