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H0482...............................................by REVENUE AND TAXATION PROPERTY TAX - EXEMPTIONS - Adds to existing law relating to property tax exemptions to provide for an exemption from taxation of that portion of the market value for assessment purposes of residential improvements and residential lots that exceeds the market value for assessment purposes of that same property for the year 2006, or the value as determined upon a reappraisal of the property at the time of a transfer of ownership; to require that the residential improvements be owner-occupied and used as the primary dwelling place of the owner; to provide that the owner must apply for the exemption; to provide for reappraisal upon a transfer of ownership of the property and adjustment of the market value for assessment purposes; to provide definitions; to declare that the exemption is necessary and just; and to provide that the exemption shall be available for certain owners who are absent by reason of active military service in a designated combat zone. 01/26 House intro - 1st rdg - to printing 01/27 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 482 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAX EXEMPTIONS; AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 63-602PP, IDAHO CODE, TO PROVIDE FOR AN 4 EXEMPTION FROM TAXATION OF THAT PORTION OF THE MARKET VALUE FOR ASSESSMENT 5 PURPOSES OF RESIDENTIAL IMPROVEMENTS AND RESIDENTIAL LOT THAT EXCEEDS THE 6 MARKET VALUE FOR ASSESSMENT PURPOSES OF THAT SAME PROPERTY FOR THE YEAR 7 2006, OR THE VALUE AS DETERMINED UPON A REAPPRAISAL OF THE PROPERTY AT THE 8 TIME OF A TRANSFER OF OWNERSHIP, TO REQUIRE THAT THE RESIDENTIAL IMPROVE- 9 MENTS BE OWNER-OCCUPIED AND USED AS THE PRIMARY DWELLING PLACE OF THE 10 OWNER, TO PROVIDE THAT THE OWNER MUST APPLY FOR THE EXEMPTION, TO PROVIDE 11 FOR REAPPRAISAL UPON A TRANSFER OF OWNERSHIP OF THE PROPERTY AND ADJUST- 12 MENT OF THE MARKET VALUE FOR ASSESSMENT PURPOSES, TO PROVIDE DEFINITIONS, 13 TO DECLARE THAT THE EXEMPTION IS NECESSARY AND JUST AND TO PROVIDE THAT 14 THE EXEMPTION SHALL BE AVAILABLE FOR CERTAIN OWNERS WHO ARE ABSENT BY REA- 15 SON OF ACTIVE MILITARY SERVICE IN A DESIGNATED COMBAT ZONE; AND PROVIDING 16 AN EFFECTIVE DATE. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Chapter 6, Title 63, Idaho Code, be, and the same is 19 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 20 ignated as Section 63-602PP, Idaho Code, and to read as follows: 21 63-602PP. PROPERTY EXEMPT FROM TAXATION -- RESIDENTIAL IMPROVEMENTS -- 22 MARKET VALUE AFTER 2006. (1) Subject to the conditions and requirements of 23 this section, during the tax year 2007, and each year thereafter, the follow- 24 ing market value for assessment purposes is exempt from property taxation: 25 that portion of the market value for assessment purposes of residential 26 improvements and residential lot that exceeds the market value for assessment 27 purposes of that same property for the year 2006, or that exceeds the market 28 value for assessment purposes of the property as determined upon a transfer of 29 ownership of the property as provided in subsection (3) of this section. 30 (2) The exemption allowed by this section may be granted only if: 31 (a) The residential improvements are owner-occupied and used as the pri- 32 mary dwelling place of the owner; 33 (b) The owner received the exemption provided in section 63-602G, Idaho 34 Code, in the year immediately preceding application for this exemption; 35 (c) The tax commission has certified to the board of county commissioners 36 that all properties in the county which are subject to appraisal by the 37 county assessor have, in fact, been appraised uniformly so as to secure a 38 just valuation for all property within the county; and 39 (d) The owner has certified to the county assessor by April 15 that: 40 (i) He is making application for the exemption allowed in this sec- 41 tion; 42 (ii) The homestead is his primary dwelling place; 43 (iii) He has not made application in any other county for the exemp- 2 1 tion, and has not made application for the exemption on any other 2 residential improvements in the county. 3 (3) The exemption allowed in this section shall continue in effect so 4 long as the original applicant or his spouse occupies the property. Upon a 5 transfer of ownership of the property or if new construction occurs on the 6 property, the property shall be reappraised and the market value for assess- 7 ment purposes so determined shall become the value for property taxation pur- 8 poses thereafter, subject to the provisions of this section. If new construc- 9 tion occurs on the property but the property continues to satisfy the criteria 10 specified in subsection (2)(d) of this section, a new application for the 11 exemption authorized in this section shall not be required. 12 (4) For purposes of this section, "new construction" means construction, 13 installation, modification or replacement of a house or outbuilding which 14 exceeds ten percent (10%) of the assessed valuation of the property. New con- 15 struction shall not include any of the following: 16 (a) Replacement of comparable size and value necessitated by fire or 17 other natural disaster or occurrence not resulting from an intentional act 18 of the owner; 19 (b) The construction or installation of any fire sprinkler system, other 20 fire extinguishing system, or fire detection system; or 21 (c) The construction, installation or modification of any portion or 22 structural component of a single or multiple family dwelling which is eli- 23 gible for the exemption authorized by this section if the construction, 24 installation or modification is for the purpose of making the dwelling 25 more accessible to a disabled person, or is for the purpose of installing 26 a security system. 27 (5) For purposes of this section, "transfer of ownership" means either 28 the sale or other transfer of title accompanied by a change in possession. 29 Transfer of ownership shall include the lease or possession and occupation of 30 the property for a period of one (1) year or more measured by a lease or an 31 actual change of occupation of the property in exchange for the payment of 32 consideration to the property owners. The term "transfer of ownership" shall 33 not include the purchase or transfer of real property between spouses in the 34 following circumstances: 35 (a) Transfers to a trustee for the beneficial use of a spouse, or the 36 surviving spouse of a deceased transferor, or by a trustee of such a trust 37 to the spouse of the trustor; 38 (b) Transfers to a spouse which take effect upon the death of a spouse; 39 (c) Transfers to a spouse or former spouse in connection with a property 40 settlement agreement or decree of divorce; 41 (d) The creation, transfer or termination, solely between spouses, of any 42 co-owner's interest; or 43 (e) The distribution of a legal entity's property to a spouse or former 44 spouse in exchange for the interest of the spouse in the legal entity in 45 connection with a property settlement agreement or a decree of divorce. 46 (6) For purposes of this section, "owner" shall have the meaning stated 47 in section 63-701(7), Idaho Code, and includes the spouse of the owner; 48 "primary dwelling place" shall have the meaning stated in section 63-701(8), 49 Idaho Code; and "occupied" shall have the meaning stated in section 63-701(6), 50 Idaho Code. 51 (7) An owner who applies for and receives tax relief as provided in chap- 52 ter 7, title 63, Idaho Code, may not also qualify for this exemption. 53 (8) The legislature declares that this exemption is necessary and just. 54 (9) Residential improvements and residential lot having previously quali- 55 fied for exemption under this section in the preceding year, shall not lose 3 1 such qualification due to the owner's or the spouse of the owner's absence in 2 the current year by reason of active military service in a designated combat 3 zone, as defined in section 112 of the Internal Revenue Code. If an owner 4 fails to timely apply for exemption as required in this section solely by rea- 5 son of active duty in a designated combat zone by the owner or the owner's 6 spouse, as appropriate, as defined in section 112 of the Internal Revenue 7 Code, and such improvements would have otherwise qualified under this section, 8 then the board of county commissioners of the county in which the residential 9 improvements are located shall refund property taxes, if previously paid, in 10 an amount equal to the exemption which would otherwise have applied. 11 SECTION 2. This act shall be in full force and effect on and after Janu- 12 ary 1, 2007.
STATEMENT OF PURPOSE RS 15784 This legislation enacts a new section 63-105FF to provide an exemption from taxation for the tax year 2007, and thereafter of that portion of the market value for assessment purposes of residential improvements which exceeds the market value for assessment purposes of the same property for the year 2006. The value remains the same for the property for taxation purposes until a transfer of ownership occurs or major improvements are made, at which time the property is reappraised with the new value becoming the valuation for assessment purposes and the new base value for the exemption. The residential improvements must be owner-occupied and the primary dwelling place of the owner as of January 1, 2006, or the date of the transfer of ownership. The exemption is not self-executing; the owner must make application in order to receive it. FISCAL NOTE There would be no fiscal impact to the state as a result of this legislation. There may be a potential reduction in property taxes with a positive impact to taxpayers. CONTACT: Representative Robert Schaefer Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 482