2001 Legislation
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HOUSE BILL NO. 361 – Property tax exmpt/low-income house

HOUSE BILL NO. 361

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



	           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