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H0204...............................................by REVENUE AND TAXATION PROPERTY TAX - Amends existing law relating to property tax relief to provide a deduction for certain expenses related to funerals in the determination of income. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 204 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAX RELIEF; AMENDING SECTION 63-701, IDAHO CODE, TO PRO- 3 VIDE A DEDUCTION FOR CERTAIN EXPENSES RELATED TO FUNERALS IN THE DETERMI- 4 NATION OF INCOME AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-701, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-701. DEFINITIONS. As used in this chapter: 9 (1) "Claimant" means a person who has filed a claim under the provisions 10 of sections 63-701 through 63-710, Idaho Code. Except as provided in section 11 63-702(2), Idaho Code, on January 1 of the year in which the claim was filed a 12 claimant must be an owner of a homestead and be: 13 (a) Not less than sixty-five (65) years old; or 14 (b) A fatherless or motherless child under the age of eighteen (18) 15 years;of age;or 16 (c) A widow or widower; or 17 (d) A disabled person who is recognized as disabled by the social secu- 18 rity administration pursuant to title 42 of the United States Code, or by 19 the railroad retirement board pursuant to title 45 of the United States 20 Code, or by the office of management and budget pursuant to title 5 of the 21 United States Code; or 22 (e) A disabled veteran of any war engaged in by the United States, whose 23 disability is recognized as a service-connected disability of a degree of 24 ten percent (10%) or more, or who has a pension for nonservice-connected 25 disabilities, in accordance with laws and regulations administered by the 26 United States veterans administration; or 27 (f) A person as specified in 42 U.S.C. 1701, who was or is entitled to 28 receive benefits because he is known to have been taken by a hostile force 29 as a prisoner, hostage or otherwise; or 30 (g) Blind. 31 (2) "Homestead" means the dwelling, owner-occupied by the claimant and 32 used as the primary dwelling place of the claimant and occupied by any members 33 of the household as their home, and so much of the land surrounding it, not 34 exceeding one (1) acre, as is reasonably necessary for the use of the dwelling 35 as a home. It may consist of a part of a multidwelling or multipurpose build- 36 ing and part of the land upon which it is built. "Homestead" does not include 37 personal property such as furniture, furnishings or appliances, but a manufac- 38 tured home may be a homestead. 39 (3) "Household" means the claimant and any person or persons who live in 40 the same dwelling, and share its furnishings, facilities, accommodations or 41 expenses. The term includes any person owing a duty of support to the appli- 42 cant pursuant to section 32-1002, Idaho Code, unless the person qualifies as a 43 "nonhousehold member" pursuant to subsection (6) of this section. The term 2 1 does not include bona fide lessees, tenants, or roomers and boarders on con- 2 tract. "Household" includes persons described in subsection (9)(b) of this 3 section. 4 (4) "Household income" means all income received by all persons of a 5 household in a calendar year while members of the household. 6 (5) "Income" means the sum of federal adjusted gross income as defined in 7 theiInternalrRevenuecCode, as defined in section 63-3004, Idaho Code, and 8 to the extent not already included in federal adjusted gross income, alimony, 9 support money, income from inheritances, nontaxable strike benefits, the non- 10 taxable amount of any individual retirement account, pension or annuity, 11 (including railroad retirement benefits, all payments received under the fed- 12 eral social security act, state unemployment insurance laws, and veterans dis- 13 ability pensions and compensation, excluding rollovers as provided in section 14 402 or 403 of theiInternalrRevenuecCode), nontaxable interest received from 15 the federal government or any of its instrumentalities or a state government 16 or any of its instrumentalities, worker's compensation and the gross amount of 17 loss of earnings insurance. It does not include capital gains, gifts from non- 18 governmental sources or inheritances. To the extent not reimbursed, cost of 19 medical care as defined in section 213(d) of theiInternalrRevenuecCode, 20 incurred by the household may be deducted from income. To the extent not reim- 21 bursed, personal funeral expenses, including prepaid funeral expenses and pre- 22 miums on funeral insurance, of the claimant and claimant's spouse only, may be 23 deducted from income up to a lifetime maximum of five thousand dollars 24 ($5,000) each. "Income" does not include veterans disability pensions received 25 by a person described in subsection (1)(e) who is a claimant or a claimant's 26 spouse, provided however, that the disability pension is received pursuant to 27 a service-connected disability of a degree of forty percent (40%) or more. 28 "Income" does not include lump sum death benefits made by the social security 29 administration pursuant to 42 U.S.C. section 402(i). Documentation of medical 30 expenses may be required by the county assessor, board of equalization and 31 state tax commission. "Income" shall be that received in the calendar year 32 immediately preceding the year in which a claim is filed. Where a claimant 33 does not file a federal tax return the claimant's federal adjusted gross 34 income, for purposes of this section, shall be an income equivalent to federal 35 adjusted gross income had the claimant filed a federal tax return. 36 (6) "Nonhousehold member" means any nonspouse who lives in the claimant's 37 dwelling for the purpose of providing protective oversight, caregiving, or 38 personal assistance services to the claimant, or who is receiving disability 39 benefits pursuant to subsection (1)(d) or (e) of this section, or who is over 40 age sixty-five (65) years and lives in the claimant's dwelling and receives 41 protective oversight, caregiving or personal assistance services provided by 42 the claimant. 43 (7) "Occupied" means actual use and possession. 44 (8) "Owner" means a person holding title in fee simple or holding a cer- 45 tificate of motor vehicle title (either of which may be subject to mortgage, 46 deed of trust or other lien) or who has retained or been granted a life estate 47 or who is a person entitled to file a claim under section 63-702, Idaho Code. 48 "Owner" shall also include any person who as grantor created a revocable or 49 irrevocable trust and named himself as beneficiary of that trust, or who is a 50 partner of a limited partnership, member of a limited liability company or 51 shareholder of a corporation which holds title in fee simple or holds a cer- 52 tificate of motor vehicle title or who has retained or been granted a life 53 estate. "Owner" shall not include any person that otherwise occupies property 54 as beneficiary of a trust. "Owner" includes a vendee in possession under a 55 land sale contract. Any partial ownership shall be considered ownership for 3 1 determining qualification for property tax reduction benefits, however, the 2 amount of property tax reduction under section 63-704, Idaho Code, and rules 3 promulgated pursuant to section 63-705, Idaho Code, shall be computed on the 4 value of the claimant's partial ownership. "Partial ownership," for the pur- 5 poses of this section, means any one (1) person's ownership when property is 6 owned by more than one (1) person. A person holding either partial title in 7 fee simple or holding a certificate of motor vehicle title together with 8 another person but who does not occupy the dwelling as his primary dwelling 9 place, shall not be considered an owner for purposes of this section, if such 10 person is a cosignatory of a note secured by the dwelling in question and at 11 least one (1) of the other cosignatories of the note occupies the dwelling as 12 his primary dwelling place. The combined community property interests of both 13 spouses shall not be considered partial ownership. The proportional reduction 14 required under this subsection shall not apply to community property inter- 15 ests. Where title to property is held by a person who has died without timely 16 filing a claim for property tax reduction, the estate shall be the "owner." 17 (9) (a) "Primary dwelling place" means the claimant's dwelling place on 18 January 1 of the year for which the claim is made. The primary dwelling 19 place is the single place where a claimant has his true, fixed and perma- 20 nent home and principal establishment, and to which whenever the individ- 21 ual is absent he has the intention of returning. A claimant must establish 22 the dwelling to which the claim relates as his primary dwelling place by 23 clear and convincing evidence or by establishing that the dwelling is 24 where the claimant resided on January 1 and: 25 (i) At least six (6) months during the prior year; or 26 (ii) The majority of the time the claimant owned the dwelling if 27 owned by the claimant less than one (1) year; or 28 (iii) The majority of the time after the claimant first occupied the 29 dwelling if occupied by the claimant less than one (1) year. 30 (b) Notwithstanding the provisions of paragraph (a) of this subsection, 31 the property upon which the claimant makes application shall be deemed to 32 be the claimant's primary dwelling place if the claimant is otherwise 33 qualified and resides in a care facility and does not allow the property 34 upon which the claimant has made application to be occupied by persons 35 paying a consideration to occupy the dwelling. A claimant's spouse who 36 resides in a care facility shall be deemed to reside at the claimant's 37 primary dwelling place and to be a part of the claimant's household. A 38 care facility is a hospital, nursing facility or intermediate care facil- 39 ity for the mentally retarded as defined in section 39-1301, Idaho Code, 40 or a facility as defined in section 39-3302(16), Idaho Code, or a dwelling 41 other than the one upon which the applicant makes application where a 42 claimant who is unable to reside in the dwelling upon which the applica- 43 tion is made lives and receives help in daily living, protection and secu- 44 rity.
STATEMENT OF PURPOSE RS 10961 This legislation is intended to add funeral costs as deductions from the income of the circuit breaker applicant. Funeral expenses, premiums, and pre-paid costs may be deducted, up to $5000, as long as any reimbursements have been subtracted.* FISCAL IMPACT There will be a fiscal impact of approximately $230,000. * Contact Name: Rep. Sher Sellman Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 20