Print Friendly HOUSE BILL NO. 189 – Property tax/home exmpt/corp/when
HOUSE BILL NO. 189
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H0189...............................................by REVENUE AND TAXATION
PROPERTY TAX - Amends existing law to provide that a corporation may be
granted the 50/50 homeowner's exemption from property taxation under
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 189
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO RESIDENTIAL IMPROVEMENTS EXEMPT FROM PROPERTY TAXATION; AMENDING
3 SECTION 63-602G, IDAHO CODE, TO PROVIDE THAT A CORPORATION MAY BE GRANTED
4 THE "FIFTY-FIFTY" HOMEOWNER'S EXEMPTION UNDER CERTAIN CIRCUMSTANCES;
5 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 63-602G, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 63-602G. PROPERTY EXEMPT FROM TAXATION -- RESIDENTIAL IMPROVEMENTS. (1)
10 During the tax year 1983 and each year thereafter, the first fifty thousand
11 dollars ($50,000) of the market value for assessment purposes of residential
12 improvements, or fifty percent (50%) of the market value for assessment pur-
13 poses of residential improvements, whichever is the lesser, shall be exempt
14 from property taxation.
15 (2) The exemption allowed by this section may be granted only if:
16 (a) The residential improvements are owner-occupied and used as the pri-
17 mary dwelling place of the owner as of January 1. The residential improve-
18 ments may consist of part of a multidwelling or multipurpose building and
19 shall include all of such dwelling or building except any portion used
20 exclusively for anything other than the primary dwelling of the owner. The
21 presence of an office in an owner-occupied residential property, which
22 office is used for multiple purposes, including business and personal use,
23 shall not prevent the owner from claiming the exemption provided in this
24 section; and
25 (b) The tax commission has certified to the board of county commissioners
26 that all properties in the county which are subject to appraisal by the
27 county assessor have, in fact, been appraised uniformly so as to secure a
28 just valuation for all property within the county; and
29 (c) The owner has certified to the county assessor by April 15 that:
30 (i) He is making application for the exemption allowed by this sec-
32 (ii) That the residential improvements are his primary dwelling
33 place; and
34 (iii) That he has not made application in any other county for the
35 exemption, and has not made application for the exemption on any
36 other residential improvements in the county.
37 (d) For the purpose of this section, the definition of owner shall be the
38 same definition set forth in section 63-701(8), Idaho Code.
39 When an "owner" is any person who as grantor created a revocable
40 trust and named himself or herself as beneficiary of that trust, he or she
41 may provide proof of the revocable trust with an affidavit stating: (i)
42 the name of the grantor; (ii) a statement that the grantor is the benefi-
43 ciary of the trust; (iii) the trust is revocable during the grantor's
1 lifetime; and (iv) the grantor is the owner-occupier of the residential
2 property and uses the property as the primary dwelling place of the owner
3 as of January 1.
4 The affidavit shall include the attaching of the copies of those por-
5 tions of the trust which set forth the grantor, the grantor as benefi-
6 ciary, the revocable character of the trust and the signature page of the
8 An "owner" may be a corporation if the corporation owns the
9 residential improvements, a director of the corporation lives in the res-
10 idential improvements as his primary dwelling place, the corporation via
11 the director makes application for the exemption, and the corporation has
12 not been previously granted the exemption elsewhere in the state.
13 (e) Any owner may request in writing the return of all copies of any
14 revocable trust created by the owner that are held by a county assessor,
15 and the copies shall be returned by the county assessor upon submission of
16 the affidavit set forth in paragraph (d) of this subsection in proper
18 (f) For the purpose of this section, the definition of "primary dwelling
19 place" shall be the same definition set forth in section 63-701(9), Idaho
21 (g) For the purpose of this section, the definition of "occupied" shall
22 be the same definition set forth in section 63-701(7), Idaho Code.
23 (3) An owner need only make application for the exemption described in
24 subsection (1) of this section once, as long as all of the following condi-
25 tions are met:
26 (a) The owner has received the exemption during the previous year as a
27 result of his making a valid application as defined in subsection (2)(c)
28 of this section.
29 (b) The owner still occupies the same residential improvements for which
30 he made application.
31 (c) The residential improvements described in subsection (3)(b) of this
32 section are owner-occupied and used as the primary dwelling place of the
33 owner as of January 1.
34 (4) The exemption allowed by this section must be taken before the reduc-
35 tion in taxes provided by sections 63-701 through 63-710, Idaho Code, is
37 (5) The legislature declares that this exemption is necessary and just.
38 (6) Residential improvements having previously qualified for exemption
39 under this section in the preceding year, shall not lose such qualification
40 due to the owner's absence in the current year by reason of active military
41 service in a designated combat zone, as defined in section 112 of the internal
42 revenue code. If an owner fails to timely apply for exemption as required in
43 this section solely by reason of active duty in a designated combat zone, as
44 defined in section 112 of the internal revenue code, and such improvements
45 would have otherwise qualified under this section, then the board of county
46 commissioners of the county in which the residential improvements are located
47 shall refund property taxes, if previously paid, in an amount equal to the
48 exemption which would otherwise have applied.
49 SECTION 2. An emergency existing therefor, which emergency is hereby
50 declared to exist, this act shall be in full force and effect on and after its
51 passage and approval, and retroactively to January 1, 1999.
STATEMENT OF PURPOSE
The purpose of this legislation is to allow the director-owners of
corporations to enjoy the 50/50 homestead exemption if they live in
There should be a minimal impact on property taxes at the local
CONTACT: Representative Jim Stoicheff
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 189