View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0361...............................................by REVENUE AND TAXATION LOW-INCOME HOUSING - Amends existing law to provide a property tax exemption for certain low-income housing solely owned and operated by a fraternal, benevolent or charitable corporation or society. 03/12 House intro - 1st rdg - to printing 03/13 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. 361 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY EXEMPT FROM TAXATION BELONGING TO FRATERNAL, BENEVOLENT 3 OR CHARITABLE CORPORATIONS OR SOCIETIES; AMENDING SECTION 63-602C, IDAHO 4 CODE, TO PROVIDE THAT CERTAIN LOW-INCOME HOUSING IS EXEMPT FROM TAXATION, 5 TO PROVIDE THAT THE LEASE OR USE OF ANY PROPERTY BY ANY SUCH CORPORATION 6 OR SOCIETY FOR LOW-INCOME HOUSING SHALL NOT BE DEEMED A BUSINESS OR COM- 7 MERCIAL PURPOSE, EVEN THOUGH FEES OR CHARGES BE IMPOSED AND REVENUE 8 DERIVED THEREFROM IF THE LOW-INCOME HOUSING SHALL BE OR SHALL HAVE BEEN 9 INSURED, FINANCED OR ASSISTED IN WHOLE OR IN PART THROUGH A FEDERAL OR 10 STATE HOUSING PROGRAM ADMINISTERED BY THE DEPARTMENT OF HEALTH AND WEL- 11 FARE, THE IDAHO HOUSING AND FINANCE ASSOCIATION, THE IDAHO HEALTH FACILI- 12 TIES AUTHORITY OR THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 13 OR THE FEDERAL DEPARTMENT OF AGRICULTURE, AND THE CORPORATION OR SOCIETY 14 SHALL BE EXEMPT FROM TAXATION PURSUANT TO SECTION 501(c)(3) OF THE INTER- 15 NAL REVENUE CODE; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLI- 16 CATION. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 63-602C, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 63-602C. PROPERTY EXEMPT FROM TAXATION -- FRATERNAL, BENEVOLENT, OR CHAR- 21 ITABLE CORPORATIONS OR SOCIETIES. The following property is exempt from taxa- 22 tion: property belonging to any fraternal, benevolent, or charitable corpora- 23 tion or society, low-income housing as provided below, the World War veteran 24 organization buildings and memorials of this state, used exclusively for the 25 purposes for which such corporation or society is organized; provided, that if 26 any building or property belonging to any such corporation or society is 27 leased by such owner or if such corporation or society uses such property for 28 business purposes from which a revenue is derived which, in the case of a 29 charitable organization, is not directly related to the charitable purposes 30 for which such charitable organization exists, then the same shall be assessed 31 and taxed as any other property, and if any such property is leased in part or 32 used in part by such corporation or society for such purposes the assessor 33 shall determine the value of the entire building and the value of the part 34 used or leased for commercial purposes. If the value of the part used for com- 35 mercial purposes is determined to be three percent (3%) or less than the value 36 of the entirety, the whole of said property shall remain exempt. If the value 37 of the part used for commercial purposes is determined to be more than three 38 percent (3%) of the value of the entirety, the assessor shall assess such pro- 39 portionate part of such building including the value of the real estate as is 40 so leased or used for such purposes, and shall assess all merchandise kept for 41 sale, and the trade fixtures used in connection with the sale of such merchan- 42 dise; provided however, that the lease or use of any property by any such cor- 43 poration or society for athletic or recreational facilities, residence halls 2 1 or dormitories, low-income housing, meeting rooms or halls, auditoriums or 2 club rooms within the purposes for which such corporation or society is orga- 3 nized, shall not be deemed a business or commercial purpose, even though fees 4 or charges be imposed and revenue derived therefrom. To receive an exemption 5 pursuant to this section, the low-income housing shall be solely owned and 6 operated by a fraternal, benevolent or charitable corporation or society which 7 is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue 8 Code and has been or is insured, financed or assisted in whole or in part 9 through a federal or state housing program administered by the department of 10 health and welfare, the Idaho housing and finance association, the Idaho 11 health facilities authority, or the federal department of housing and urban 12 development or the federal department of agriculture. 13 SECTION 2. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE RS 11243 This legislation would clarify the property tax exempt status of low income rental property that is owned and operated exclusively by non-profit charitable corporations or societies, specifically IRS 501(c)(3) qualified organizations. Currently, the law is being interpreted differently and inconsistently by counties throughout the state. Low income housing units owned and operated by non-profit charitable organizations are being taxed by some counties and not by other counties. This legislation establishes qualifications for both the property and the charitable organization to ensure uniform application of the exemption across the state. FISCAL IMPACT There would be not fiscal impact on the General Fund of the State of Idaho. There would be a property tax shift from taxes currently being paid by charitable organizations for this type of property to all other property tax payers in the same jurisdiction. Currently, $460,171 is paid in property taxes by non-profit charitable organizations in this state for this type of property. Contact: Senator Joe Stegner 332-1342 Representative Robert Schaeffer 332-1156 STATEMENT OF PURPOSE/FISCAL NOTE H 361