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Subchapter 002: COLLECTOR OF TAXES
§ 4641. Liability for mistakes in the tax bill
A collector shall not be liable to an action that may accrue in consequence of mistake,
mischarge, or overcharge in the tax bill committed to him or her for collection.
§ 4642. Indemnification
A collector shall be indemnified by the town or other municipality by which he or
she is elected or appointed for the damage that he or she suffers by the illegality
of the imposition, assessment, or apportionment of a tax or the illegality or informality
in the tax bill, warrant, or other precept furnished him or her for the collection
of such tax. Such damage may be recovered by him or her of such town, village, or
municipality.
§ 4643. Vacation of office upon failure to post additional bond
When the bond given by a collector of taxes or the treasurer of a town or municipality
therein becomes insufficient in the judgment of the selectboard, trustees, prudential
committee, or the executive officers of the municipality to which such bond was given,
they may require in writing an additional bond in such sum and with such sureties
as they deem necessary. If the collector or the treasurer does not give such additional
bond within 10 days after such notice, his or her office shall be vacant.
§ 4644. Collector’s duty on vacancy
On demand of such selectboard, trustees, prudential committee, or executive officers,
the collector whose office so becomes vacant shall lodge with the treasurer of the
municipality the tax bills and tax warrants issued to him or her and a list of the
names of all persons included in such tax bills against whom there are unpaid taxes
and the amount due from each. When such collector willfully fails to comply with any
of the provisions of this section, he or she shall be imprisoned not more than five
years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 17.)
§ 4645. Successor’s powers
The collector of the municipality shall receive from the treasurer of the municipality
the tax warrants and tax bills deposited with him or her under section 4644 of this title and complete the collection as though the same had been originally committed to him
or her.
§ 4646. Duty to pay over collections
The collector of a town or of a municipality within it, whether or not such municipality
has voted to collect its taxes by its treasurer, at the end of every two months and
also when demanded in writing by the selectboard or other proper officers of such
municipality, shall pay all taxes collected during such two months or since such last
preceding payment into the treasury of such municipality. Such collector shall file
with the treasurer thereof a list of the taxpayers from whom such taxes have been
collected, showing the amounts collected and the years in which such taxes were due.
§ 4647. Collector to direct application
When a collector of taxes makes a payment on account of taxes, he or she shall state
the tax on which the same shall be applied. If he or she fails to do so, the treasurer
to whom the same is paid shall immediately notify the bondsmen of such collector of
the fact that an application of the payment has not been made. Unless the collector
shall direct an application within 10 days, the application made by the treasurer
shall be conclusive.
§ 4671. Delivery of tax bill to successor
At the expiration of his or her term of office or when a collector removes from the
town or other municipality for which he or she was appointed or elected, while a
tax bill committed to him or her is uncollected in whole or in part, he or she shall
lodge immediately with the treasurer of such municipality such tax bill and the monies
collected thereon. If such collector dies or is placed under guardianship, his or
her administrator, executor, or guardian shall perform the same duties on demand by
the selectboard, trustees of a village, or city council. Such tax bill shall be audited
and reissued to the succeeding collector of taxes, who shall receive the same and
give his or her receipt therefor.
§ 4672. Liability of collector upon removal
A collector so removing, or the executor, administrator, or guardian of a collector
who neglects the duties required in section 4671 of this title, shall be liable for the whole amount of such tax bill to the town or other municipality
and shall not have authority to collect such unpaid taxes.
§ 4673. Successor’s powers
If a collector having in his or her hands uncollected taxes dies, removes from the
State, or becomes otherwise incapacitated after commencing tax collection proceedings,
a successor of such collector may complete such proceedings or collect such taxes.
An unpaid tax not collected by a former collector may be collected under the same
warrant by any successor.
§ 4674. Disability of collector
When a collector of town taxes is unable, from sickness or otherwise, to discharge
his or her duties, and taxes are uncollected on a tax bill held by him or her, the
selectboard may certify such disability on the warrant for the collection of such
taxes and may appoint a person as collector, and in such certificate shall authorize
and direct such collector to collect and pay over such taxes. The person so authorized
shall have the same power and be subject to the same duties and penalties as the collector
to whom such tax bill was originally committed. (Amended 1963, No. 24.)
§ 4675. Death of delinquent collector
When a collector who is delinquent in the collection and payment of State taxes dies,
the State Treasurer may give notice to one of the selectboard of the amount of such
taxes in arrears and request payment thereof. If such taxes are not paid within 30
days thereafter, such Treasurer may issue an extent against the goods and chattels
of the inhabitants of such town, and the same shall be collected as hereinafter provided
in this chapter in case of an extent against the inhabitants of a town.
§ 4691. Collector’s liability generally
A collector who unlawfully neglects to collect and pay over a tax delivered to him
or her shall be accountable for such tax or the arrearages thereof to the treasurer,
selectboard, trustees, committees, or other persons authorized to receive the same.
Such persons may, and, upon the receipt of a petition from the Director alleging that
such collector has unlawfully neglected to collect and pay over a tax delivered to
him or her, shall cite him or her to appear before a justice residing in an adjoining
town, to show cause why an extent should not be issued against him or her for such
arrearages and the costs of such proceedings. Such citation shall be served at least
six days before the time appointed for hearing the same. (Amended 1977, No. 105, § 14(a).)
§ 4692. Extent against delinquent collector
When a collector is delinquent in paying over a tax entrusted to him or her to collect
and is cited as provided in section 4691 of this title, if it appears to the justice that such collector has not performed his or her duty
pursuant to his or her warrant, unless such collector appeals from his or her decision,
he or she shall issue an extent, directed as writs of attachment are directed, commanding
the officer serving such extent to collect such arrearages and costs of the goods,
chattels, or estate of such collector.
§ 4693. Appeal—Procedure
The collector or the person citing him or her before such justice may appeal from
the judgment of the justice to the Superior Court if the appeal is claimed within
two hours after the rendition of such judgment. The party appealing shall give security
by way of recognizance to the opposite party at the time of taking such appeal that
the appellant will prosecute his or her appeal to effect and pay the costs of prosecution. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 4694. Bond by collector
When such collector appeals, within 48 hours after the rendition of such judgment
and appeal, he or she shall file with the clerk of the Superior Court to which such
appeal is taken, a bond to the State or municipality to whose Treasury such taxes
are payable, with sureties to be approved by such clerk, in a sum double the amount
of arrearages of taxes as adjudged by such justice, conditioned for the payment of
such sum of arrearages of taxes and costs as such Superior Court may finally adjudge
to be paid by such collector. When such collector fails to give and file such bond,
the justice shall issue an extent as though an appeal had not been taken. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 4695. Superior Court’s jurisdiction
The Superior Court shall have authority upon such appeal to try and determine the
question whether such extent should issue and to issue the same. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 4696. Distraint of collector’s property
When an officer serving such extent distrains the property of the collector, the mode
of notifying, advertising, and selling and the time for redemption shall be the same
as in cases of sheriffs who do not execute or return an extent. Such collector shall
be committed to jail for want of goods, chattels, or estate.
§ 4697. Distraint by copy
When a sheriff, high bailiff, or other officer having for service an extent issued
against a delinquent collector of taxes distrains any class of property that may by
law be attached on mesne process by lodging a copy in the town clerk’s office, such
officer may lodge a copy of such extent, with a list of the property so distrained
indorsed thereon with his or her return, in the town clerk’s office of the town in
which such property is situated. Such lodgment shall give to such officer the same
right to hold such property as if attached on mesne process and taken into the actual
custody of such officer. Within 48 hours after lodging such copy in the town clerk’s
office, such officer shall deliver to such delinquent collector or leave at his or
her last and usual place of abode in this State, a like true and attested copy of
such extent, with a list of the property distrained indorsed thereon, as is required
in the like service of writs of attachment.
§ 4698. Excess realized on extent
When a municipality realizes out of the goods, chattels, or estate of such delinquent
collector only part satisfaction upon extents against him or her, on demand it shall
pay to such collector all sums realized from such tax bills in excess of the just
balance due such municipality from such collector.
§ 4699. Discharge of imprisoned collector
When a collector has been committed to jail on any extent and the municipality shall
realize on any of the tax bills lodged with the treasurer under this chapter the full
amount due from the collector on all such extents, he or she may be discharged from
such imprisonment by the order of a Superior judge upon proof of the foregoing facts,
on notice to the treasurer of such municipality.
§§ 4700, 4701. Repealed.
§ 4702. Collection enjoined, time not reckoned
When the collection of taxes is restrained by injunction, the time such injunction
is in force shall not be considered as a part of the time within which the collector
is required to execute his or her warrant.
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Subchapter 004: COLLECTION OF TOWN AND OTHER TAXES
§ 4771. Warrant for collection of taxes
A District judge may issue a warrant for the collection of taxes other than State
and county taxes, although he or she is liable to pay a part of such tax. Collectors
shall have the same powers in the collection of such taxes as town collectors have
in the collection of State taxes. (Amended 1973, No. 249 (Adj. Sess.), § 99, eff. April 9, 1974.)
§ 4772. Notice to taxpayers
The tax collector shall, at least 30 days prior to the date fixed for the payment
of taxes by vote of the municipality, mail to each taxpayer at his or her last known
address a notice stating the amount of his or her grand list, the tax rate, the amount
of taxes due from him or her, and when the same are payable. If a prepayment discount
is available, the tax notice shall include information regarding the discount. If
no date is fixed by vote of the municipality for the payment of taxes or if no notice
is mailed to the taxpayer at least 30 days prior to the date fixed for the payment
of taxes, the date for the payment of taxes shall be 30 days from the date of mailing
of notice to the taxpayer. (Amended 1993, No. 68, § 2.)
§ 4773. Date and method of payment; discount
(a) A municipality that has not previously voted to establish the time and method of tax
payment for the municipality may by majority vote of its members present and voting
at a regular or special town meeting fix a date or dates, time of acceptance, and
method of delivery, including acceptance of postmarked mail, for the payment of the
tax and may direct its collector or treasurer, as receiver of taxes, to deduct a percent,
to be fixed by such vote, not to exceed four percent from the tax of a person who
pays his or her taxes on or before such date or dates.
(b) A municipality that does not vote to fix a date, time, or method of delivery for the
payment of a tax shall accept payment of a tax delivered or postmarked before midnight
on the day established in the notice required by section 4772 of this title. (Amended 2003, No. 100 (Adj. Sess.), § 2.)
§ 4774. Discount allowed
(a) When a municipality votes that its taxes be paid to its treasurer or collector on
or before a date or dates fixed, with a discount according to law, then the treasurer
or collector may receive taxes in advance at any time after the municipality has so
voted. Such treasurer or collector may allow a discount upon taxes paid in advance
of the date or dates fixed at the rate fixed by such vote.
(b)(1) The treasurer or collector shall deposit to the General Fund any tax overpayment by
a taxpayer who has paid by mail or electronic fund transfer, provided that:
(A) the payment made was equal to the taxes due without regard to the discount under section 4773 of this title; and
(B) the overpayment amount is $10.00 or less.
(2) If the taxpayer requests refund of such an overpayment within one year of payment,
the treasurer or collector shall refund it. (Amended 1987, No. 13; 2007, No. 121 (Adj. Sess.), § 30.)
§ 4791. Tax bills delivered to treasurer
When a town or municipality within it votes to collect its taxes by its treasurer,
the proper officers, unless otherwise voted, shall make and deliver all tax bills
to the treasurer of the municipality so voting, and such treasurer shall keep separate
accounts of all monies received as highway or school taxes and pay out the same upon
orders of the proper officers.
§ 4792. Notice to taxpayers
The treasurer shall, at least 30 days prior to the date fixed for the payment of taxes
by vote of the municipality, mail to each taxpayer at his or her last known address
a notice stating the amount of his or her grand list, the tax rate, the amount of
taxes due from him or her, and when the same are payable. If a prepayment discount
is available, the tax notice shall include information regarding the discount. If
no date is fixed by vote of the municipality for the payment of taxes or if no notice
is mailed to the taxpayer at least 30 days prior to the date fixed for the payment
of taxes, the date for the payment of taxes shall be 30 days from the date of mailing
of notice to the taxpayer. (Amended 1987, No. 53, eff. May 15, 1987; 1993, No. 68, § 3.)
§ 4793. Warrant against delinquents
(a) Within 15 days after the expiration of the date or dates, fixed under the provisions
of section 4792 of this title for the payment of taxes, the treasurer shall issue a warrant against the delinquent
taxpayers for the amount of taxes remaining unpaid. Such warrants shall remain in
full force until all the taxes thereon have been fully paid or otherwise discharged.
The treasurer shall deliver such warrant, together with a rate bill of such delinquent
taxes, to the collector of the town or municipality within it, who shall proceed forthwith
to collect such taxes.
(b) Notwithstanding the provisions of subsection (a) of this section, a municipality may
elect, at a special or annual meeting called for that purpose, to have the treasurer
issue a warrant within less than 15 days after the expiration of the date or dates,
fixed under the provisions of section 4792 of this title for the payment of taxes. A vote under this subsection shall specify the number of
days within which the treasurer shall issue the warrant. A vote to shorten the period
of time for issuance of a warrant shall remain in effect until rescinded or amended
by the voters. For purposes of computing time under this section, “days” means calendar
days. (Amended 1997, No. 26, § 2.)
§ 4794. Omissions
When the names of one or more delinquent taxpayers and the amount of delinquent taxes
due therefrom, or either, are omitted from a tax warrant issued under the provisions
of section 4793 of this title, the treasurer so issuing such warrant, from time to time, may issue one or more
additional warrants for the collection of such taxes, provided the same are issued
within one year from the date whereon such taxes became delinquent. Warrants so issued
and collectors receiving the same shall be subject to the provisions of section 4793 of this title.
§ 4795. Repealed. 1993, No. 68, § 5.
§ 4796. Absconding taxpayers
When the treasurer makes and files with the officers making the tax bill an affidavit
that a person whose name is thereon is about to remove or abscond from the State,
the treasurer may thereupon issue a warrant against such taxpayer for the amount of
his or her tax, although such 30 days, as provided in section 4792 of this title, have not expired, and the collector shall execute the warrant. The collector shall
be entitled to the same fees for collecting the taxes upon such warrants as he or
she is allowed by law in the case of distraint of property in the collection of taxes,
and such sum shall be taxed against the delinquent taxpayer. (Amended 1993, No. 68, § 4.)
§ 4797. Taxes based on an amended or corrected grand list
The proper officials in town, village, school, and fire districts, as soon as conveniently
may be after a defective or invalid grand list becomes valid pursuant to sections
4262-4264 and 4603 of this title, shall make out and deliver to the treasurer thereof tax bills for all taxes theretofore
assessed but not paid. Such unpaid taxes shall become due and payable within the
time prescribed by statute provided that time has not theretofore elapsed, otherwise
within 30 days from the date of such last named tax bill.
§ 4798. Warrants
Warrants against one or more persons for the collection of the aforesaid unpaid taxes
may be from time to time issued as other tax warrants are issued. Nothing in sections 4262-4264, 4603, and 4797 of this title shall be so construed as to require that all taxes so assessed and unpaid on such
amended or corrected grand list shall be contained in one warrant.
§ 4799. Hiring tax collector
When a town is without a tax collector, the selectboard may hire any qualified person
to act as tax collector for the town. The person hired need not be a resident of the
town and shall have the same power and be subject to the same duties and penalties
as a duly elected collector of taxes for the town. (Added 1977, No. 30.)
§ 4821. Procedure
When jurisdiction over property, real or personal, for purposes of taxation is claimed
by more than one municipality or is claimed by a municipality in this State and a
municipality in another state, a person or corporation whose property is subject to
such conflicting claims may pay the tax thereon to any municipality in this State
claiming jurisdiction, under protest, or with notice of the other claim of jurisdiction.
When it shall be finally determined by any court of last resort having jurisdiction
that such property, real or personal, was improperly or unlawfully taxed by the municipality
to which such tax had been paid, or if any compromise or adjustment is made that shall
place the property in question in a jurisdiction other than that in which it is so
taxed, the person or corporation paying the same under protest, or with notice as
herein provided, may recover the same from the municipality to which the same was
so paid in a civil action under this section.
§ 4822. Limitation on action to recover tax paid under protest
A cause of action for the recovery of money under the provisions of section 4821 of this title shall be deemed to have accrued at the time final judgment is rendered or compromise
or adjustment completed, determining the question of jurisdiction of the property
in question for purposes of taxation.
§ 4841. Collection delegated
A collector having an unpaid tax against a person who has removed from or resides
outside the town in which such collector resides may make an abstract containing the
person’s name, his or her grand list, and the tax against him or her, and append thereto
a copy of his or her warrant certified by him or her, and deliver it to the collector
of any town in which such person is or resides. Such collector may collect the tax
as the original collector might have done; and his or her powers, liabilities, and
fees therein shall be the same as if the tax and warrant had been originally committed
to him or her. Such collector shall be paid only for actual travel. If he or she
arrests such person, he or she shall commit him or her to the jail of the county in
which the collector making the arrest resides.
§ 4842. Notice to taxpayer
When a collector has a tax for collection against a person residing outside the town
in which the collector resides, he or she may notify such person thereof by a letter
containing a statement of the amount of such tax and of the time and place when and
where the collector will receive payment thereof. The time appointed for payment shall
not be less than 20 nor more than 40 days from the time when the letter is deposited
in the post office.
§ 4843. Collection fees
When the person so notified fails to pay such tax pursuant to notice, the collector
may collect the same of such person and shall be entitled to $0.10 per mile for necessary
travel to be collected with such tax and computed as in the service of process by
sheriffs.
§ 4871. Article in warning
The warning for each annual town or other municipal meeting may contain an article
in substance as follows:
“Will the town (or other municipality) vote to collect taxes on real and personal
property in installments?”
§ 4872. Installment dates; discounts
In a town so voting to collect taxes on real and personal property in installments,
all such taxes assessed on the grand list shall be due and payable in such installments
as the town may vote, not to exceed four in number, payable to the town treasurer
or collector. A taxpayer who pays each installment in full on or before the due date
thereof shall be entitled to such rate of discount as the town may vote for the payment
of each installment. No discount on any installment shall be allowed unless such installment
shall be paid on or before the due date thereof. A taxpayer may anticipate subsequent
installments and pay the same and shall be entitled to the proper rate of discount
applicable at the time of payment. However, in towns where the annual settlement with
the auditors is had on January 1, the fourth installment payment shall be due on December
31 preceding. (Amended 1959, No. 22, eff. March 6, 1959; 1973, No. 203 (Adj. Sess.), eff. April 3, 1974; 1993, No. 68, § 6.)
§ 4873. Interest on installments
All taxes payable in installments may bear interest if the town so votes at a rate
not to exceed one percent per month or fraction thereof for the first three months
and thereafter one and one-half percent per month or fraction thereof, either from
the due date of the last installment or from the due date of each installment. When
a town so votes, such vote shall remain in effect until such time as the town rescinds
the same by a majority vote of the legal voters present and voting at an annual or
special meeting duly warned for such purpose. (Amended 1963, No. 49, eff. April 19, 1963; 1973, No. 162 (Adj. Sess.), § 1, eff. March 20, 1974 for tax year beginning April 1, 1974; 1981, No. 133 (Adj. Sess.), § 3, eff. April 2, 1982 for the tax year beginning April 1, 1982, and thereafter.)
§ 4874. Delivery to collector of list of delinquents
Within 15 days after the due date of the final installment or within the time determined
by the voters under section 4793 of this title, the town treasurer shall deliver to the collector a list of such unpaid taxes with
the name of each delinquent. After giving 10 days’ notice in writing of the time and
place of payment to each delinquent of the amount of the unpaid taxes and the legal
fees thereon, the collector may immediately proceed to collect the same by proper
process. (Amended 1983, No. 131 (Adj. Sess.), § 1; 1997, No. 26, § 3.)
§ 4875. Absconding taxpayers
When the town treasurer or collector is informed and believes that a taxpayer whose
taxes are unpaid is about to abscond or remove from the town, he or she shall at once
institute in the name of the town a civil action to collect the same under sections
5222-5224 of this title, or the town treasurer may proceed under a warrant issued by him or her as provided
by section 4796 of this title.
§ 4876. Manner of collection
When a town has voted to collect its taxes under the provisions of sections 4872-4875 of this title, such taxes, including State and county taxes based on the grand list, shall be collected
thereunder. (Amended 1977, No. 118 (Adj. Sess.), § 3, eff. Feb. 3, 1978 for tax years beginning Jan. 1, 1978.)
§ 4877. Lien on real estate
The provisions of section 5061 of this title relating to tax liens on real estate shall apply to all taxes legally assessed and
to be collected under the foregoing provisions of this article.
§ 4878. Effect on powers of tax collectors
The provisions of this article shall in no way abridge or enlarge the powers of the
collectors as to any method or proceeding provided by existing law as to the collection
of delinquent taxes.
§ 4911. Forms of writs
The forms of writs contained in this article, in the several courts of this State
and other proceedings, shall, as near as circumstances will admit, be adopted and
used, and shall be sufficient in law, but alterations may be made and allowed by the
courts when necessary to adapt them to changes in the law.
§ 4912. Warrant to be issued by a district judge for the collection of town and other taxes
STATE OF VERMONT, To A. B., collector of the town of
_______ County, ss. } ______ , in the county of
_____ , (or to the collector of ______ school district, or other taxes,) (as the case may be)
Greeting:
By the authority of the State of Vermont, you are hereby commanded to levy and collect
of the several persons named in the list herewith committed to you, the sum of money
annexed to the name of each person, respectively, and pay the same to the Treasurer
of the town of ________ , (or to such other person appointed to receive the same) on or before the _______ day of _______ ; and if any person neglects or refuses to pay the sum in which he or she is assessed
in such list, you are hereby commanded to distrain the goods and chattels of such
delinquent person, and the same dispose of according to law, for the satisfying of
such sum, with your own fees; and, for want thereof, you are hereby commanded either
to extend this warrant for the collection of such sum so assessed against such delinquent
person, with costs, upon any land in this State belonging to such delinquent, according
to law, or to take the body of such delinquent person, and him or her commit to the
keeper of the jail, in the county of ________ (or such other jail as the law directs) within such jail, who is hereby commanded
to receive such person, and him or her safely keep until he or she pays such sum so
assessed with legal costs, together with your own fees, or is released according to
law.
Dated at _______ in the county of _______ , the _______ day of _____________ A.D. 20_____ .
_________ , District Judge.
§ 4913. Warrant to be issued by treasurer of a town for collection of town and other taxes
STATE OF VERMONT, To A. B., collector of the town of
_______ County, ss. } ______ , in the county of
Greeting:
By the authority of the State of Vermont, you are hereby commanded to levy and collect
of the several persons named in the foregoing list herewith committed to you the sum
of money annexed to the name of each person respectively, with your own fees, and
pay the same to the treasurer of the town of __________ , on or before 60 days from the date hereof; and if any person neglects or refuses
to pay such sums with your fees, you are hereby commanded, etc., (here insert as in
§ 4912 of this title).
Dated at _______ in the county of _______ , the _____ day of _______________ A.D. 20___ .
__________ , Treasurer
(Amended 1983, No. 131 (Adj. Sess.), § 2.)
§ 4914. Judge’s order for the assessment of a county tax
To A.B., treasurer of the county of _________________________________________ :
You are hereby ordered and directed, on or before the first day of March A.D. 20___ , to issue warrants to the collectors of taxes of the several towns in the county
of __________ , for the collection of a tax of ____ cents (or mills) on the list of the taxable estate of the several towns in such county
for the year A.D. 20___ for the purpose of paying the debts and expenses of such county.
Dated at _______ in the county of _______ , the _______ day of _______ A.D. 20___ .
Dated at _______ in the county of _______ , the _______ day of _______ A.D. 20___ .
_______ Assistant Judges of
_______ } the Superior Court.
(Amended 1973, No. 193 (Adj. Sess.), § 3.)
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Subchapter 008: TAX LIENS
§ 5061. Force and effect of lien
(a) Commencing with the date of the filing by the listers of the grand list in the office
of the town clerk of the town, taxes lawfully assessed upon real estate shall be a
first lien thereon, underlying all mortgages, attachments, liens, or other encumbrances
thereon, and all estates for the term of a natural life or lives, for a term of years
or for any other duration. Such lien shall remain in full force and effect for a
period of 15 years and it may be enforced separately against each parcel of real estate
upon which a tax has been voted or assessed. Notice to all parties having an interest
in such land shall be given as provided by law or as directed by the court. Courts
at law may issue such execution as the facts warrant, to impress such lien on such
real estate.
(b) When the taxes secured by a lien in accordance with this section remain unpaid more
than two years after the creation of such lien, such lien may be foreclosed in the
same manner as provided by law for the foreclosure of mortgages on real estate. In
such case, the parties having an interest in the land on record in the town clerk’s
office shall be given notice as directed by the presiding judge of the Superior Court.
The judge in his or her final decree shall appoint a commissioner who shall be bonded
before entering upon his or her duties in an amount set by the judge to sell with
the approval of the judge the real estate after time for redemption has expired, which
period of redemption shall run for one full year from the date of the decree. The
commissioner shall be empowered to execute a conveyance to the purchaser, apply the
proceeds of the sale to the amount found due the town, including costs, in the decree,
the expense of the sale, which shall include the commissioner’s compensation and expenses,
and a reasonable fee for the town’s solicitor. The commissioner shall first pay out
of the proceeds, the expense of sale, the town solicitor’s fee and the amount due
the town with costs, in order named. The residue, if any, shall be disposed of by
the commissioner, with the approval of the judge, in the same manner as proceeds from
foreclosure of chattel mortgages. As directed by the judge, the Commissioner shall
report his or her doings to the judge, and such report shall be accepted by the judge
and judgment rendered thereon before the commissioner is discharged from his or her
duties.
(c) [Repealed.] (Amended 1961, No. 125; 1971, No. 185 (Adj. Sess.), § 236(a); 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 71 (Adj. Sess.), § 69, eff. March 11, 1998; 1999, No. 1, § 60g(c), eff. Mar. 31, 1999.)
§ 5071. Filing and notice of lien
The tax collector of a town with the approval of the selectboard, or the tax collector
of a city with the approval of the aldermen, on or after April 1 in any year may file
with the town clerk of his or her town for record in the personal property records
written notice that a tax lien is claimed by such town upon part or all of the personal
property of a taxpayer in such town to secure the payment of the taxes voted by such
town at its previous annual meeting, or assessed as provided by 24 V.S.A. § 1523, and levied or to be levied on such personal property of such taxpayer. Like notice
shall be given forthwith to the taxpayer or if he or she is not the owner of such
personal property, to the owner thereof, and to all persons having a duly recorded
lien on such personal property by sending such notice to the last known post office
address of each by registered mail with return receipt. If the taxpayer or owner
or lien holder is a partnership, such notice shall be given as aforesaid to one of
the partners and if a corporation, such notice shall be given as aforesaid to the
president or treasurer thereof.
§ 5072. Nature and effect of lien
The filing of such notice shall thereby create and constitute a tax lien on such personal
property therein described and shall have priority in law over any other lien having
priority in time. Such underlying tax lien shall remain a valid and subsisting lien
upon such personal property until such taxes are fully paid or otherwise discharged,
but not longer than two years from the date such notice is filed as aforesaid. Such
lien shall not be enforceable against a bona fide owner who has purchased such property
for value without actual notice of such lien from any person other than the taxpayer
to whom such property is listed. A person against whom such lien is enforceable shall
not sell, mortgage, exchange, or pledge the property covered thereby, or any part
thereof, without procuring the discharge of such lien. A person who sells, mortgages,
exchanges, or pledges the property or any part thereof covered by such lien, shall
be fined not more than double the amount of the lien on the property so sold, mortgaged,
exchanged, or pledged, and one-half of such fine shall be paid to the town claiming
such lien.
§ 5073. Form of lien
The tax lien notices shall contain a description of each article of personal property
upon which a lien is claimed, give the name and address of the taxpayer or owner of
the property and of all other persons having an interest as aforesaid in such property
and shall be substantially in the form following:
Notice of Personal Property Tax Lien
To (here insert name and address of all persons required to be notified):
You and each of you are hereby notified that the town (or city) of _______ in the county of _______ asserts and claims a tax lien upon certain personal property owned by or in the possession
of ____ (taxpayer) ____ of said ____ (town or city) ____ at _____ described as follows: _______ ; said lien to secure the payment of the taxes levied or to be levied upon the grand
list of said property by the said town (or city) for the year ____
Dated at ______ , Vermont, this ___ day of ____ , 20__ .
Approved
_________________________________________
Collector of Taxes
__________
__________
__________
Selectboard
Aldermen
§ 5074. Sales in fraud of lien
A person holding a chattel mortgage or other lien on any personal property on which
a tax lien has been created as herein provided, who induces a person to purchase part
or all of such personal property for the purpose of avoiding such tax lien shall be
fined not more than $100.00. Such fine shall be paid to the town to which such tax
is owed.
§ 5075. Foreclosure of lien
Such tax lien may be enforced against a part or all of such personal property by distraint
or action at law as provided by this chapter. Such distraint proceedings or action
at law shall be instituted within the two year period aforesaid and if commenced thereafter
such tax lien shall not attach. Notice that such action has been instituted shall
be given by such tax collector to all persons except the taxpayer mentioned in section 5071 of this title in the manner therein prescribed. The form of such notice shall be deemed sufficient
if the tax collector sends an attested copy of the original distraint warrant or writ
of attachment. Such collector may add to the taxes as costs of collection a fee of
$0.50 and postage for each copy so sent.
§ 5076. Sale and discharge of lien
If a person other than the owner of such personal property shall pay the taxes assessed
on such property or shall redeem the same from the action brought to enforce such
lien, by paying the taxes due thereon and all costs, the amount so paid including
costs, if any, shall thereupon be added to and become a part of the debt or obligation
secured by such lien. The tax collector in office shall discharge of record a tax
lien created hereunder upon payment of the taxes due thereon.
§ 5077. Duly recorded liens
The term “duly recorded lien” shall include a chattel mortgage, conditional sale and
lien note, pledge, or attachment lien that has been recorded in accordance with the
provisions of law, whether in the town clerk’s office in the town wherein such taxpayer
is then a resident or in the town where he or she has previously been a resident.
§ 5078. Fees for recording liens and discharge thereof
The tax collector and town clerk shall each be paid a fee of $6.00 for making and
recording the notice herein provided, including the discharge thereof. Such fees shall
be paid by the town upon order of the selectboard or board of aldermen. (Amended 1971, No. 84, § 16, eff. July 1, 1971; 1993, No. 170 (Adj. Sess.), § 15.)
§ 5079. Sale or transfer of mobile homes; collection of taxes
(a) A transfer of ownership of a mobile home shall be made pursuant to the requirements
set forth in 9 V.S.A. chapter 72.
(b), (c) [Repealed.]
(d) A mobile home removed from a town without a mobile home uniform bill of sale endorsed
by the clerk of the municipality where the mobile home was located as required by
9 V.S.A. § 2602 may be taken into possession by any sheriff, deputy sheriff, constable, or police
officer, or by the treasurer or tax collector of the town in which the mobile home
was last listed if known, or by the Commissioner of Taxes if that town is unknown.
A mobile home taken into possession under this section shall be in the constructive
custody of the official, who shall control the use and movement of the mobile home.
In taking possession, the authorized officer may proceed without judicial process
only in the event that the taking of possession can be done without breach of the
peace. Proceedings for collection of the taxes assessed against and due with respect
to the mobile home shall then be conducted in accordance with subchapter 9 of chapter
133 of this title.
(e) Taxes assessed against a mobile home shall be considered due for purposes of this
section as of the date of removal of the mobile home from the town in which the mobile
home was last listed, and the owner shall be liable for fees provided for in section 1674 of this title from the date of removal.
(f) The treasurer or tax collector of any town from which a mobile home is removed without
an endorsed mobile home uniform bill of sale as required by 9 V.S.A. § 2602(b) may notify the Director of Property Valuation and Review of the removal giving a
description of the mobile home by serial or other number if known. If the Director
is notified of the seizure of a mobile home as provided in subsection (d) of this
section, he or she shall immediately notify the treasurer or tax collector of the
town, if known, in which the mobile home was last listed on the grand list.
(g) Taxes lawfully assessed upon a mobile home shall attach as a lien on the mobile home
as provided in section 5061 of this title. (Added 1971, No. 41, § 1, eff. April 7, 1971; amended 1977, No. 105, § 14(a); 1977, No. 141 (Adj. Sess.), § 1, eff. date March 27, 1978; 1983, No. 237 (Adj. Sess.), § 3; 1993, No. 141 (Adj. Sess.), § 15, eff. May 6, 1994; 1997, No. 71 (Adj. Sess.), § 35a, eff. March 11, 1998; 1999, No. 159 (Adj. Sess.), § 22, eff. May 29, 2000; 2001, No. 101 (Adj. Sess.), § 3, eff. May 12, 2002; 2009, No. 140 (Adj. Sess.), § 2, eff. Sept. 1, 2010.)
§§ 5091-5093. Repealed.
-
Subchapter 009: DELINQUENT TAXES
§ 5131. Supervision by Director
The Director shall supervise the collection of delinquent taxes by officials of towns
and other municipal corporations. (Amended 1977, No. 105, § 14(a).)
§ 5132. Conferences; bulletins; forms
The Director may examine a tax list in the hands of a collector; shall confer from
time to time with collectors, advise them concerning their official duties, and furnish
them printed instructions and directions relating thereto; shall issue such bulletins
as in the Director’s judgment will aid in enforcing the law; and shall formulate and
furnish the necessary forms for the use of officials required to make returns to the
Director. (Amended 1977, No. 105, § 14(a); 2021, No. 105 (Adj. Sess.), § 526, eff. July 1, 2022.)
§ 5133. Meetings of tax collectors
The Director shall call meetings of collectors of taxes to be held at such places
and at such times as he or she shall designate for the purpose of instruction as to
the law governing their official duties and concerning the collection of delinquent
taxes. (Amended 1977, No. 105, § 14(a).)
§ 5134. Failure to attend meetings; compensation
Collectors shall attend all meetings for instruction to which they are summoned in
writing by the Director. When a collector is unable to attend, he or she shall notify
forthwith the Director stating the cause of such inability and, in his or her discretion,
the Director may summon such collector to attend such other meeting as he or she may
designate. Collectors attending such meetings shall receive therefor from the treasury
of their municipality not less than $10.00 per day and their necessary expenses. (Amended 1959, No. 8, eff. Feb. 26, 1959; 1977, No. 105, § 14(a).)
§ 5135. Returns to Director
Collectors and other officials named in this chapter shall render such assistance,
furnish such information, and make such returns to the Director in relation to the
subject of delinquent taxes and the administration of the law in reference thereto
as he or she may require. (Amended 1977, No. 105, § 14(a).)
§ 5136. Interest on overdue taxes
(a) When a municipality votes under an article in the warning to collect interest on overdue
taxes, such taxes, however collected, shall be due and payable not later than December
1 and shall bear interest at the rate of not more than one percent per month or fraction
thereof, for the first three months and thereafter one and one-half percent per month
or fraction thereof, from the due date of such tax. Such interest shall be imposed
on a fraction of a month as if it were an entire month. A municipality having so voted
to collect interest as hereinbefore provided, and the amount thereof, shall thereafter
collect such interest each year until the municipality shall vote otherwise at a meeting
duly warned for the purpose of voting on such question.
(b) Whenever a municipality votes to collect interest on overdue taxes pursuant to this
section, interest in like amount shall be paid by the municipality to any person making
any overpayment of taxes occurring as a result of a redetermination of the grand list
of the taxpayer on appeal provided by chapter 131 of this title. (Amended 1973, No. 86, § 3, eff. for the tax year beginning April 1, 1974, and thereafter; 1981, No. 133 (Adj. Sess.), § 4, eff. April 2, 1982 for tax year beginning April 1, 1982, and thereafter; 1997, No. 50, § 12, eff. June 26, 1997.)
§ 5137. Recording delinquent payments
A collector of taxes for a town or municipality within it shall receipt for every
payment made to the collector on account of delinquent taxes. Such receipt shall be
written in triplicate in a bound book or other permanent record purchased at the expense
of the municipality and shall indicate the date of the payment, the name of the person
making the payment, the name of the person against whom was assessed the tax on which
the payment is to be applied, the year in which such tax was assessed, and if a partial
payment on an annual tax bill, whether applied on personal property or real estate
taxes. Such collector shall deliver the original receipt forthwith to the person making
the payment and one copy thereof within 30 days to the town clerk who shall keep such
copy on file. Annually, on or before February 5, the collector shall deliver to the
auditors of each municipality for which the collector is acting all such bound volumes
in which entries pertaining to such municipality have been made during the year ending
January 31 next preceding, and the auditors shall audit the books forthwith and after
the completion of audit shall return such books to such collector. (Amended 1977, No. 118 (Adj. Sess.), § 8, eff. Feb. 3, 1978 for tax years beginning Jan. 1, 1978; 2003, No. 100 (Adj. Sess.), § 4; 2007, No. 121 (Adj. Sess.), § 31.)
§ 5138. Power of collector as to delinquent taxes
Within 10 years from the time of receiving a tax bill, the collector may collect a
tax in any place in the State and execute his or her warrant wherever he or she finds
the property or person of a delinquent. When a person against whom the collector
has a tax is absent from the State when the tax bill is received or removes therefrom
within two years thereafter and has no property in the State that can be distrained
for taxes, the collector may collect the tax within six years from the time he or
she returns to the State or has known property therein liable to distress.
§ 5139. Collection of taxes by sheriff
A collector having an unpaid tax against a person may make an abstract containing
the person’s name, his or her grand list, and the tax against him or her and append
it to a copy of his or her warrant certified by him or her and deliver it to any sheriff
or constable. Such sheriff or constable may collect the tax as such collector might
have done. The powers, liabilities, and fees therein of such sheriff or constable
shall be the same as such collector’s in the collection of such delinquent tax.
§ 5140. Collection from estate of deceased
When the property of a deceased person is set in the list to such person’s estate
without naming the executor or administrator, if the executor or administrator does
not pay the taxes assessed on such estate, any personal property of the estate may
be taken and sold for the payment of such taxes, with costs, upon the same notice
and demand upon such executor or administrator, and in the same manner as provided
by law for the collection of taxes. Real estate belonging to such estate shall be
holden as provided in section 5061 of this title and may be sold as provided in sections 5252-5255 of this title.
§ 5141. Collection from earnings of municipal employees
(a) If an employee of a municipality is a delinquent taxpayer thereof, a treasurer or
tax collector thereof may, after judicial hearing, collect the delinquent tax by causing
to be deducted from the disposable earnings of the employee for any workweek an amount
not exceeding:
(1) 20 percent of the disposable earnings for that week; or
(2) the amount by which the disposable earnings for that week exceed 30 times the federal
minimum hourly wage prescribed by 29 U.S.C. § 206(a)(1) in effect at the time the earnings are payable, whichever amount is less.
(b) The deductions may be made from time to time until the taxes, including costs, penalties,
and interest, if any, are fully paid. This section shall not affect any other means
or remedies for the collection of taxes. (Amended 1971, No. 185 (Adj. Sess.), § 223, eff. March 29, 1972.)
§ 5142. Delinquent taxes; interest and collection fees
(a) The acceptance of full or partial payment of overdue taxes by a town official shall
not preclude the town from collecting any unpaid balance of taxes and any interest
and collection fees accruing to the town, whether relating to the collected or uncollected
portion of taxes.
(b) Notwithstanding the provisions of subsection (a) of this section, the treasurer shall
accept, on behalf of the collector of delinquent taxes, full payment of overdue taxes
tendered after the due date fixed in the notice sent pursuant to section 4792 of this title but before the warrant is issued, provided such payment is accompanied by the collection
fee and any interest. Taxes, fees, and interest collected under this subsection shall
be turned over to the collector of delinquent taxes when the warrant is issued.
(c) Notwithstanding the provisions of subsection (a) of this section, if taxes are not
collected by the treasurer and the collector of delinquent taxes and the collector
of current taxes are not the same person, the collector of current taxes shall accept,
on behalf of the collector of delinquent taxes, full payment of overdue taxes tendered
after the due date fixed in the notice sent pursuant to section 4772 of this title but before the list of delinquent taxpayers is delivered to the collector of delinquent
taxes, provided such payment is accompanied by the collection fee and any interest.
Taxes, fees, and interest collected under this subsection shall be turned over to
the collector of delinquent taxes when the list of delinquent taxpayers is delivered. (Added 1985, No. 91; amended 1989, No. 149 (Adj. Sess.), § 4, eff. April 24, 1990; 1997, No. 26, § 4.)
§ 5161. Repealed.
§ 5162. List of delinquent taxpayers
Annually, on or before January 15, the collector for a town or a municipality within
it, shall make a list of the taxpayers of such municipality whose real and personal
property taxes are unpaid as of December 31 next preceding, showing the amounts due
and the years in which such taxes were due, certify under oath that such list is correct
and deliver the same to the treasurer of such municipality. (Amended 1977, No. 118 (Adj. Sess.), § 9, eff. Feb. 3, 1978 for tax years beginning Jan. 1, 1978.)
§ 5163. Certification
The lists described in section 5162 of this title shall be submitted by the collector of taxes to the auditors of such municipality
for verification and if correct shall be so certified by the auditors. The lists
described in sections 4646 and 5162 of this title shall be open to public inspection.
§ 5164. Penalties
A collector of taxes for a town or municipality within it who fails for 10 days to
report as required by sections 4646 and 5162 of this title may be fined not more than $100.00.
§§ 5165-5167. Repealed. 2013, No. 73, §§ 35-37, eff. June 5, 2013.
§ 5191. Property subject to distraint
At the expiration of the time for payment of tax as given in the notice required by
section 4772 of this title or sooner in the case of a person whom he or she has just reason to believe is about
to remove from town, the collector may distrain the goods, chattels, and capital stock
in a corporation of a person whose tax is not paid. In the case of taxes assessed
on real estate, he or she shall not distrain upon apparel, bedding, household furniture
necessary for supporting life, one sewing machine kept for use, or provisions not
exceeding $25.00 in value.
§ 5192. Distraint by copy
Personal estate, which may be attached on a writ by leaving a copy in the town clerk’s
office or by leaving a copy with the clerk or other officer of a corporation may be
distrained for taxes by leaving in such town clerk’s office or with the clerk or other
officer of such corporation, a copy of the warrant with the collector’s return thereon,
giving a description of the property distrained and the character and amount of the
tax; if stock in a corporation is sold by a collector to satisfy a tax, the clerk
or other officer whose duty it is to make transfers of stock on the books of the corporation
shall transfer the stock so sold to the purchaser on the books of the corporation
and give the purchaser a certificate of stock.
§ 5193. Sale on distraint
When a tax with costs and charges is not paid within four days after distress is made,
the collector may sell the property at public auction. At least six days before such
sale, he or she shall post notice thereof in a public place in the town where the
property was taken. After deducting the tax and his or her charges, he or she shall
return the balance realized from the sale to the taxpayer, on demand, with an account
of the tax and his or her charges.
§ 5194. Repealed. 1979, No. 21.
§ 5221. Commencement of action; disqualifications
When the treasurer, collector of taxes, or other proper officer has a delinquent tax
in his or her hands for collection, he or she may notify the agent or other proper
officer whose duty it is to prosecute and defend suits wherein such municipality is
interested of the amount of such tax and of all fees accrued thereon, who, in his
or her discretion, may institute suit therefor under the provisions of sections 5222-5226 and 5291 of this title, and a tax collector may institute suits as tax collector in his or her own name
and join in one action to recover all taxes in his or her hands for collection against
one taxpayer. A constable or sheriff shall not be disqualified to serve and return
mesne, final, or other process in such suit, by reason of being a taxpayer in such
municipality, by reason of being collector of taxes therein, or by reason of any act
done or fees in his or her behalf accrued on account of such unpaid taxes.
§ 5222. Taxes collectible by action
Taxes imposed or assessed under the provisions of this chapter and of chapters 127
and 129 of this title and all fees accruing or accrued against the taxpayer on account
of delinquency may be recovered with costs in an action brought in the name of the
town or municipality within it to which such taxes are due.
§ 5223. Recognizance requirement
A town or municipality within it shall not be required to furnish recognizance or
other security for costs in any proceeding instituted under the provisions of sections
5222-5224 of this title; but, unless otherwise provided, upon final judgment, the Court may make such order
relating to the payment of costs by the plaintiff for defendant as it shall deem just
and reasonable.
§ 5224. Trustee process
(a) A person or corporation may be summoned as trustee of the defendant and the goods,
effects, and credits of such defendant in the hands of such trustee at the time of
service of the writ thereon or that shall thereafter come into the hands or possession
thereof before disclosure, shall thereby be attached and held to respond to final
judgment in such cause, notwithstanding the tax or taxes whereon action is so brought
are less than the sum of $10.00. A person or corporation so summoned as trustee may
be adjudged liable as such notwithstanding the value of the goods, effects, or credits
in the hands or possession thereof belonging to such defendant is less than $10.00.
(b) In suits for the collection of taxes by trustee process, when the defendant contests
the validity of the tax and does not prevail, judgment shall be rendered against him
or her for all taxable costs and execution issued accordingly, notwithstanding such
costs are greater than the amount of the judgment against the trustee.
§ 5225. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5226. Presumption of lawful assessment
Except as otherwise provided in sections 5224-5226 and 5291 of this title, a tax bill regular on its face that has been theretofore placed for collection in
the hands of the treasurer, collector of taxes, or other officer designated by law
to collect the same, in a town or municipality within it so bringing suit, shall be
prima facie evidence that the taxes therein standing against the name of the defendant
were lawfully assessed against him or her.
§ 5227. Judge not disqualified
A judge shall not be disqualified to try an action for the collection of taxes by
reason of being a taxpayer in the municipality where the tax is voted. (Amended 1973, No. 249 (Adj. Sess.), § 102, eff. April 9, 1974.)
§ 5251. Definitions
As used in sections 5251-5258 and 5292-5295 of this title:
(1) The assessment of a tax shall be defined to mean all acts required by law to be done
in respect to such tax by the officials of the town designated by law for that purpose,
from the time of the making of a warning for an annual town meeting, up to and including
the time that a tax bill is placed in the hands of the town treasurer for collection,
in cases where the town votes to collect by its treasurer, or when the town does not
so vote, up to and including the time that a tax bill with a warrant annexed thereto
for collection has been placed in the hands of the town tax collector for collection.
(2) The collection of a tax shall be defined to mean all acts required by law to be done
or permitted by law to be done in respect to such tax, by either the town treasurer
or the town tax collector, from the time specified in subdivision (1) of this section
as marking the end of the assessment of the tax, up to and including the last act
required or permitted by law to be done by the town tax collector in the enforcement
of the collection of the tax.
§ 5252. Levy and notice of sale; securing property
(a) When the collector of taxes of a town or of a municipality within it has for collection
a tax assessed against real estate in the town and the taxpayer owes a minimum of
$1,500.00 and is delinquent for a period longer than one year, the collector may extend
a warrant on such land. However, no warrant shall be extended until a delinquent taxpayer
is given an opportunity to enter a written reasonable repayment plan pursuant to subsection
(c) of this section. If a collector receives notice from a mobile home park owner
pursuant to 10 V.S.A. § 6248(b), the collector shall, within 15 days after the notice, commence tax sale proceedings
to hold a tax sale within 60 days after the notice. If the collector fails to initiate
such proceedings, the town may initiate tax sale proceedings only after complying
with 10 V.S.A. § 6249(f). If the tax collector extends the warrant, the collector shall:
(1) File in the office of the town clerk for record a true and attested copy of the warrant
and so much of the tax bill committed to the collector for collection as relates to
the tax against the delinquent taxpayer, a sufficient description of the land so levied
upon, and a statement in writing that by virtue of the original tax warrant and tax
bill committed to the collector for collection, the collector has levied upon the
described land.
(2) Advertise forthwith such land for sale at public auction in the town where it lies
three weeks successively in a newspaper circulating in the vicinity, the last publication
to be at least 10 days before such sale.
(3) Give the delinquent taxpayer written notice by certified mail requiring a return receipt
directed to the last known address of the delinquent of the date and place of such
sale at least 30 days prior thereto if the delinquent is a resident of the town and
30 days prior thereto if the delinquent is a nonresident of the town. If the notice
by certified mail is returned unclaimed:
(A) notice shall be provided to the taxpayer by resending the notice by first-class mail
or by personal service pursuant to Rule 4 of the Vermont Rules of Civil Procedure;
and
(B) notice shall be provided by email, provided the tax collector can acquire the email
address of the delinquent taxpayer using reasonable effort; and
(C) notice shall be affixed to the front door of the property subject to tax sale, provided
it has a structure.
(4) Give to the mortgagee or lien holder of record written notice of such sale at least
30 days prior thereto if a resident of the town and, if a nonresident, 30 days’ notice
to the mortgagee or lien holder of record or the mortgagee’s or lien holder’s agent
or attorney by certified mail requiring a return receipt directed to the last known
address of such person. If the notice by certified mail is returned unclaimed, notice
shall be provided by resending the notice by first-class mail or by personal service
pursuant to Rule 4 of the Vermont Rules of Civil Procedure.
(5) Post a notice of such sale in some public place in the town.
(6) Enclose the following statement, with directions to a resource translating the notice
into the five most common non-English languages used in this State, with the notices
required under subdivisions (3) and (4) of this subsection and with every delinquent
tax notice: Warning: There are unpaid property taxes at (address of property), which
you may own, have a legal interest, or may be contiguous to your property. The property
will be sold at public auction on (date set for sale) unless the overdue taxes, fees,
and interest in the amount of (dollar amount due) is paid. To make payment or receive
further information, contact (name of tax collector) immediately at (office address),
(mailing address), (email address), or (telephone number).
(7) The resource for translation of the notice required under subdivision (6) of this
subsection shall be made available to all municipalities by the Vermont Department
of Taxes.
(b)(1) If the warrant and levy for delinquent taxes has been recorded pursuant to subsection
(a) of this section, the municipality in which the real estate lies may secure the
property against illegal activity and potential fire hazards after giving the mortgagee
or lien holder of record written notice at least 10 days prior to such action.
(2) Notwithstanding any provision of this section to the contrary, when a warrant and
levy for delinquent taxes has been recorded pursuant to subsection (a) of this section,
it shall be for all delinquent taxes due at the time the warrant and levy is filed.
(c)(1) A municipality shall not initiate a tax sale proceeding until it has, after attempting
to consult with the taxpayer, offered a delinquent taxpayer a written reasonable repayment
plan and the taxpayer has either denied the offer, failed to respond within 30 days,
or failed to make a payment under the plan within the time frame established by the
collector. When establishing a plan under this subsection, the municipality may request
related information and shall consider the following:
(A) the income and income schedule of the taxpayer, if offered by the taxpayer;
(B) the taxpayer’s tax payment history with the municipality;
(C) the amount of tax debt owed to the municipality;
(D) the amount of time tax has been delinquent; and
(E) the taxpayer’s reason for the delinquency, if offered by the taxpayer.
(2) A collector is only required to offer one payment plan per delinquency, without regard
for whether it is agreed to by the delinquent taxpayer.
(3) A collector may void a payment plan and proceed to tax sale if a delinquent taxpayer
agrees to a payment plan under this subsection and fails to make a timely payment. (Amended 1993, No. 141 (Adj. Sess.), § 16, eff. May 6, 1994; 2017, No. 7, § 2; 2017, No. 117 (Adj. Sess.), § 3; 2023, No. 106 (Adj. Sess.), § 4, eff. May 13, 2024; 2025, No. 73, § 66, eff. July 1, 2025.)
§ 5253. Form of advertisement and notice of sale
The form of advertisement and notice of sale provided for in section 5252 of this
title shall be substantially in the following form: The resident and nonresident owners,
lien holders, and mortgagees of lands in the town of_______________________________________________________________________ in the county of_______________________________________________________________________ are hereby notified that the taxes assessed by such town for the years___________ (insert years the taxes are unpaid) ___________remain , either in whole or in part, unpaid on the following described lands in such town,
to wit, ___________
(insert description of lands) and so much of such lands will be sold at public auction at_______________________________________________________________________ a public place in such town, on the___________ day of_____________________ (month) ,___________ (year) at___________ o’clock___________ (am/pm), as shall be requisite to discharge such taxes with costs and fees, unless
previously paid. Be advised that the owner or mortgagee, or the owner’s or mortgagee’s
representatives or assigns, of lands sold for taxes shall have a right to redemption
for a period of one year from the date of sale pursuant to 32 V.S.A. § 5260. Dated at_______________________________________________________________________ , Vermont, this___________ day of_____________________ (month) ,___________ (year). ___________
Collector of Town Taxes
(Amended 1995, No. 106 (Adj. Sess.), § 1; 2023, No. 106 (Adj. Sess.), § 5, eff. May 13, 2024.)
§ 5254. Sale of realty
(a) When the tax with costs and fees is not paid before the day of sale, the real property
on which the taxes are due shall be sold to pay such taxes, costs, and fees.
(b) Notwithstanding the provisions of subsection (a) of this section, the owner of the
property being sold for taxes may request in writing, not less than 24 hours prior
to the tax sale, that a portion of the property be sold. Such request must clearly
identify the portion of the property to be sold and must be accompanied by a certification
from the District Environmental Commission and the town zoning administrative officer
that the portion identified may be subdivided and meets minimum lot size requirements.
In the event that the portion identified by the taxpayer cannot be sold for the tax
and costs, then the entire property may be sold to pay such tax and costs. (Amended 1995, No. 106 (Adj. Sess.), § 2; 1995, No. 169 (Adj. Sess.), § 13, eff. May 15, 1996; 1999, No. 49, § 70, eff. June 2, 1999.)
§ 5255. Report of sale; form
Within 30 days after such sale of the land, the collector shall make a complete return
of his or her doings and file the same for record in the town clerk’s office of the
town wherein such land lies, which return shall be prima facie evidence of the facts
therein stated and shall be substantially in the following form:
By virtue of a warrant (or warrants as the case may be) lawfully committed to me for
the year(s) 20_____ by the treasurer of the town of __________ (or by the selectboard of the town of _________ if the town has voted to collect its taxes by its collector and the tax bill annexed
thereto) and the delinquent tax bill annexed thereto, I gave notice as required by
law to the taxpayers of the town of _________ of the place where and the time when I would receive such taxes, and said taxpayers
having failed and neglected to pay their said taxes upon such demand, on the __ day of ____ 20__ , I did extend and levy my said warrant(s) in the manner provided by law upon the
following described land(s) of the following named delinquent taxpayer situated within
the town, for the following described taxes due thereon, to wit:
Name of Delinquent Taxpayer Description of Land Amount of Tax
And on the __ day of ____ , 20__ , I did cause notice of the time and place of sale of the above described land(s)
to be published three weeks successively in _________ a ____ newspaper circulating in the town of ___ and vicinity, for the issues of ____ , which said notice of sale therein provided that the same would be holden at __________ , a public place in the town of _____ at __ o’clock in the ____ noon, unless said land(s) was previously redeemed by the payment of said tax, and
on the ___ day of _ , 20_ , I gave the delinquent taxpayer __ notice by registered mail of the time and place of such sale, and on the same date
posted at __ , a public place in said town, notice of the time and place of such sale (also here
insert facts as to the mortgagee, if any).
And he or she (or they) having failed and neglected to pay said taxes and costs, at
_______ (place of sale) on the ___ day of _____ , 20___ at ___ o’clock in the ____ noon, the time and place set by me for said sale, pursuant to the notice thereof,
I did sell so much of said land(s) as was necessary to satisfy the tax and costs thereon
to __________________ of _______ , for cash in the sum of _____ , he or she being the highest bidder therefor, the land and premises thus sold being
particularly described as follows (here describe the lands).
From the proceeds of said sale, I did satisfy myself for my own fees and the legal
costs of said sale amounting in the whole to the sum of _______ , and on the ___ day of ____ , 20___ , turned over to _______________ the treasurer of the town of __________ , the sum of _________ in (part) satisfaction of the taxes due said town on said premises thus sold.
And now at __________ in said County, this ___ day of _______ , 20___ , I make return of my doings hereunder by filing the same as herein set forth with
the town clerk of the town of __________________ for record as provided by law.
Attest,
_________________________________________
Collector of Town Taxes.
§ 5256. Sale of lands subject to lease
The reversionary interest of the owner of property subject to lease may be distrained
by a collector of taxes by delivering to the lessor and lessee of such property a
copy of his or her warrant with his or her return thereon, giving a description of
the taxes and of the property and the lessor’s interest. The collector may sell such
interest in the same manner as is required by law for the sale of the property for
taxes when it is not under a lease.
§ 5257. Sale of realty to satisfy personal property taxes
Real estate of a taxpayer may be levied upon and sold in the manner prescribed in
sections 5252-5255 of this title for the collection of a delinquent personal property tax, but the sale thereof shall
be subject to homestead rights and all existing liens and encumbrances of record on
such property and all taxes validly assessed on such real estate. (Amended 1959, No. 218, § 2; 1977, No. 118 (Adj. Sess.), § 10, eff. Feb. 3, 1978, for tax years beginning Jan. 1, 1978.)
§ 5258. Fees and costs allowed after warrant and levy recorded
(a) The fees and costs allowed after the warrant and levy for delinquent taxes have been
recorded shall be as follows:
(1) levy and extending of warrant, $10.00;
(2) recording levy and extending of warrant in the town clerk’s office, $15.00, to be
paid to the town clerk;
(3) notices and publication of notices, actual costs incurred, including the costs of
service pursuant to subdivisions 5252(a)(3) and (4) of this title;
(4) expenses actually and reasonably incurred by the town in securing a property for which
property taxes are delinquent against illegal activity and fire hazards, to be paid
to the town clerk, provided that the expenses shall not exceed 20 percent of the uncollected
tax;
(5) when authorized by the selectboard, expenses actually and reasonably incurred by the
tax collector for legal assistance in the preparation for or conduct of a tax sale,
provided that the expenses shall not exceed 15 percent of the uncollected tax;
(6) travel reimbursement at the rate established by the contract governing State employees;
(7) attending and holding the sale, $10.00;
(8) making return and recording the return in the town clerk’s office, $15.00 per page,
to be paid to the town clerk; and
(9) collector’s deed, $15.00 per page.
(b) The fees and costs allowed in subsection (a) of this section, together with a collector’s
fee of up to eight percent, shall be in lieu of all other fees and costs. (Amended 1963, No. 124; 1983, No. 116 (Adj. Sess.); 1985, No. 264 (Adj. Sess.), § 4; 1995, No. 106 (Adj. Sess.), § 3; 2017, No. 7, § 1; 2017, No. 117 (Adj. Sess.), § 4; 2021, No. 73, § 12.)
§ 5259. Municipality may acquire land on tax sale
By the act of its mayor or selectboard, when a tax warrant is extended on any land
in this State, the city or town by which the tax is assessed may become the purchaser
at the tax sale thereof, if a bid not equal to the tax and costs is made at such sale.
When a tax warrant is extended on a mobile home located in a mobile home park in proceedings
initiated after notice pursuant to 10 V.S.A. § 6248(b), the municipality may purchase the mobile home or may sell the mobile home to the
highest bidder at the sale, although the bid is less than the taxes and costs due
the municipality. If there is a release or a potential release of a hazardous substance,
as defined in 10 V.S.A. § 6602(16), upon land that a municipality purchases at tax sale, the municipality shall have
the right, prior to the expiration of the redemption period, to enter onto the land
for the purpose of assessing and remediation on the land. (Amended 1993, No. 141 (Adj. Sess.), § 17, eff. May 6, 1994; 2005, No. 81, § 1.)
§ 5260. Redemption
(a) When the owner, lien holder, or mortgagee of lands sold for taxes, the owner’s, lien
holder’s, or mortgagee’s representatives or assigns, within one year from the day
of sale, pays or tenders to the collector who made the sale or in the case of the
collector’s death or removal from the town where the land lies, to the town clerk
of such town, the sum for which the land was sold with interest thereon calculated
at a rate of one percent per month or fraction thereof from the day of sale to the
day of payment, a deed of the land shall not be made to the purchaser, but the money
paid or tendered by the owner, lien holder, or mortgagee or the owner’s, lien holder’s,
or mortgagee’s representatives or assigns to the collector or town clerk shall be
paid over to such purchaser on demand. In the event that a municipality purchases
contaminated land pursuant to section 5259 of this title, the cost to redeem shall include all costs expended for assessment and remediation,
including expenses incurred or authorized by any local, State, or federal government
authority.
(b) During the redemption period, the tax collector shall:
(1) Serve the delinquent taxpayer with the written notice required under subsection (c)
of this section between 90 and 120 days prior to the end of the redemption period
using certified mail requiring a return receipt, directed to the last known address
of the delinquent taxpayer. If the notice by certified mail is returned unclaimed,
notice shall be provided by resending the notice by first-class mail or by personal
service pursuant to Rule 4 of the Vermont Rules of Civil Procedure.
(2) Post the notice in some public place in the municipality between 90 and 120 days prior
to the end of redemption period.
(c) The tax collector shall enclose the following statement, with directions to a resource
translating the notice into the five most common non-English languages used in this
State, with every notice required under this section: Warning: There are unpaid property
taxes at (address of property), which you may own, have a legal interest in, or may
be contiguous to your property. The property was sold at public auction on (date).
Unless the overdue taxes, fees, and interest are paid by (last day of redemption period),
the deed to the property will transfer to purchaser. To redeem the property and avoid
losing your legal interest, you must pay (dollar amount due for redemption). The amount
you must pay to redeem the property increases every month due to interest, mailing
costs, and other costs. To make payment or receive further information, contact (name
of tax collector) immediately at (office address), (mailing address), (email address),
and (telephone number).
(d) The resource for translation of the notice required under subsection (c) of this section
shall be made available to all municipalities by the Vermont Department of Taxes. (Amended 1989, No. 119, § 21, eff. June 22, 1989; 2005, No. 81, § 2; 2023, No. 106 (Adj. Sess.), § 6, eff. May 13, 2024.)
§ 5261. Deed by collector
When the time for redemption has passed and the land is not redeemed, the collector
or his or her successor shall execute to the purchaser a deed, which shall convey
to him or her a title against the person for whose tax it was sold and those claiming
under him or her.
§ 5262. Recording lands not redeemed
Within 30 days from the expiration of the time for redemption, the collector shall
deposit with the town clerk for record a list of the lands that have not been redeemed,
but a failure to comply with this provision shall not affect the title of the purchaser.
§ 5263. Limitation of actions against grantee in possession
An action for the recovery of lands, or the possession thereof, shall not be maintained
against the grantee of such lands in a tax collector’s deed, duly recorded, or his
or her heirs or assigns, when the grantee, or his or her heirs or assigns have been
in continuous and open possession of the land conveyed in such deed and have paid
the taxes thereon, unless commenced within one year after the cause of action first
accrues to the plaintiff or those under whom he or she claims. (Amended 1959, No. 218, § 5; 2017, No. 117 (Adj. Sess.), § 2.)
§ 5291. Disputing validity of tax
In case the defendant disputes the validity of some part or all of a tax for the recovery
of which suit is brought under the provisions of sections 5222-5226 of this title, or for the recovery of which a suit is brought by the town for the foreclosure of
a tax lien, he or she shall not avail himself of such defense unless, by appropriate
answer or notice in writing, he or she shall set forth therein a certified copy of
his or her objections to the validity of the assessment of the tax as provided in
sections 5292-5294 of this title, obtained from the town clerk of the town wherein the tax is assessed, which certified
copy shall show upon its face that the original thereof was filed with the town clerk
within the period of limitations prescribed in section 5292 of this title and unless also by appropriate answer or notice in writing, he or she shall set forth
all other particular grounds whereon he or she claims such tax is invalid or unlawful.
When such grounds are so set forth, the burden of proof shall be upon the plaintiff
in so far as the validity of such tax is thus put in issue.
§ 5292. Filing of taxpayer’s objections
(a) A taxpayer shall not contest the validity of any tax assessed against his or her person,
personal property, or real estate, nor the validity of the action of the listers or
selectboard in assessing such tax, nor the validity of any grand list, unless the
taxpayer filed his or her objections to the validity thereof, in the office of the
town clerk wherein the tax is assessed, within a period of two months from November
15 of each year in which the tax is assessed.
(b) If the taxpayer desires to object upon the ground that the notice he or she received,
although given in the manner prescribed by law, is based upon invalid or defective
proceedings in making up of the appraisal, grand list, or in the assessment thereof,
he or she shall file at the place and within the time prescribed by subsection (a)
of this section his or her specific objection that the notice received was so based. (Amended 1957, No. 219, § 2, eff. July 1, 1961; 1959, No. 218 § 3.)
§ 5293. Time limitation on assertion of defenses by taxpayer
If the taxpayer is a resident of the State, within six months or if he or she is a
nonresident, within one year from the date when collection of the tax might first
be enforced against him or her, he or she may assert as a defense against the collection
of the tax lack of notice and opportunity to be heard in all proceedings relating
to the levying of such tax, including the making of the appraisal and grand list. (Amended 1957, No. 219, § 2, eff. July 1, 1961.)
§ 5294. Time limitations on actions or suits by taxpayer
Unless commenced within one year from the time that collection is sought to be enforced
against the taxpayer by arrest, distraint, or levy, an action shall not lie wherein
a taxpayer may question the validity of:
(1) an act required to be done by a treasurer of a town relating to a tax assessed;
(2) notice by the treasurer to the taxpayer as to the amount of the tax or the time of
the payment thereof;
(3) acts of the treasurer as to turning over the unpaid portion of the tax bill and the
annexed warrant to the tax collector for collection;
(4) acts of the tax collector relating to the collection of the tax either before or after
the tax became delinquent. (Amended 1959, No. 218, § 1.)
§ 5295. Construction of limitation period
For the purpose of determining when the statutory period of one year has begun to
run, the following provisions shall apply:
(1) If the taxpayer is arrested on a tax collector’s warrant, within one year from the
date of his or her arrest.
(2) If collection is sought to be enforced by distraint of personal property on the tax
collector’s warrant, within one year from the date of the distraint.
(3) If collection is sought to be enforced by sale of real estate, within one year from
the date of the levy thereon by the tax collector.
(4) If a taxpayer pays a tax to a town or subdivision thereof under protest, he or she
shall commence action for the recovery of the tax thus paid within one year from the
time of such payment. (Amended 1959, No. 218, § 4.)