Taxing Unpatented Mining Claims, Fremont County sending out Real Property Notice of Valuations |
Taxing Unpatented Mining Claims, Fremont County sending out Real Property Notice of Valuations |
May 8 2012, 05:05 PM
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Rock Bar! Group: Members Posts: 613 Joined: 16-October 08 From: Central Colorado Member No.: 6,813 |
Just when I thought I had everything pretty much figured out with mining claim laws, Fremont County sends me a Real Property Notice of Valuation for my unpatented placer mining claims. After running the numbers and reading the fine print, county government was making a demand for several hundred dollars on each claim. No other county has demanded taxes on unpatented claims I hold on BLM lands. After doing a little research, I found this reference to taxing Colorado mining claims;
TITLE 39 I went to the Assessor's Office and complained about the high values and asked how they were determined along with an explanation of why adjacent claims were not being taxed. Well, now they are going to re-asses my claims and send me an updated valuation in a couple of weeks. Both the local BLM Field Office and the Mining Law Administration at the Colorado State BLM Office are looking into this matter as well, since they have never heard of it happening before. Anyone else ever encounter this? ASTROBLEME -------------------- Annual Dues Paying Member Since 2008
Tonko Mining Company "Some day this crater is going to be a greatly talked about place, and if the above credit is due, as is certainly the case, I would like to have it generally known for the sake of the children." Daniel Moreau Barringer 2/1/1912 in a letter about the Barringer Meteorite Crater, Arizona USA |
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May 9 2012, 07:53 AM
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Moderator Group: Members Posts: 4,459 Joined: 25-August 09 From: way on up thar Member No.: 6,983 |
furthermore....
How does Fremont County determine the actual value of each recovered mineral for purpose of determining $5K "gross proceeds" they intend to base their tax valuation burden on? The market fluctuates DAILY, HOURLY, BY THE MINUTE on mineral values. Is Fremont County intent or prepared to base property tax values on the "current value" of said mineral or.... how much it was worth when it was pulled from the claim... or average value.... or how much it is worth during tax collection time?? Do they expect "spot price", market value, highest possible value, lowest possible value, specimen value, Kitco 10yr average....or what? If you keep it all and don't sell, is Fremont County stuck with their dicks in their hands? I believe so.... how do you report a profit (or "gross proceeds" exceeding $5K as they threaten) if you haven't sold anything, cashed a check, of made a bank deposit? Will they allow you to pay estimated taxes on a quarterly basis as most small businesses do with State and Fed? Will they send Mineral Police to your house to find and monetarily evaluate your stash... or officially calibrate your scales? In the famous words of Monty Python: "Nooooobody expects the Spanish Inquisition!" LOL It is not as cut & dry as "$5K per year gross proceeds" as they state, obviously they are greedy idiots and possibly outside of the law. If I'm going to be taxed for ANYTHING I want to know exactly what it is based on, down to the frickin penny. Maybe I missed the notation in Fremont County Title 39 that states WHEN and BY WHAT STANDARDS to value the mineral(s) they intend to base their property tax values and burdens upon. Much room for legal discrepancy there. They have opened a can of worms. Glad I don't have a claim within their County, this reeks of greed and crockery. I am now farting in their general direction. The "gross proceeds" of my flatulence equals less than $5K but I may have violated their noise ordinance. Apologies if I woke up any Fremont County Officials. -------------------- /l ,[____], l---L-OlllllllO- ()_) ()_)--o-)_) BLACK SANDS MATTER! Very Happy CP Lifetime Member CP CORE TEAM Referral Code CE213 |
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