2002 Legislation
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HOUSE BILL NO. 514 – Property tax/exmptn/residental lot

HOUSE BILL NO. 514

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Daily Data Tracking History



H0514...............................................by REVENUE AND TAXATION
PROPERTY TAX - EXEMPTION - Amends existing law to provide that owners of
owner-occupied residential improvements shall be entitled to receive an
additional exemption for a portion of the market value for assessment
purposes of a residential lot.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 514
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROPERTY TAXATION; AMENDING SECTION 63-602G, IDAHO CODE,  TO  PRO-
  3        VIDE THAT OWNERS OF OWNER-OCCUPIED RESIDENTIAL IMPROVEMENTS SHALL BE ENTI-
  4        TLED  TO RECEIVE AN ADDITIONAL EXEMPTION FOR A PORTION OF THE MARKET VALUE
  5        FOR ASSESSMENT PURPOSES OF A RESIDENTIAL LOT; AND PROVIDING  AN  EFFECTIVE
  6        DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 63-602G, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        63-602G.  PROPERTY EXEMPT FROM TAXATION -- RESIDENTIAL IMPROVEMENTS.   (1)
 11    During  the  tax  year 1983 and each year thereafter, the first fifty thousand
 12    dollars ($50,000) of the market value for assessment purposes  of  residential
 13    improvements,  or  fifty percent (50%) of the market value for assessment pur-
 14    poses of residential improvements, whichever is the lesser,  shall  be  exempt
 15    from property taxation.
 16        (2)  The exemption allowed by this section may be granted only if:
 17        (a)  The  residential improvements are owner-occupied and used as the pri-
 18        mary dwelling place of the owner as of January 1,  provided  that  in  the
 19        event  the residential improvements are owner-occupied after January 1 but
 20        before April 15, the owner of the property is entitled to  the  exemption.
 21        The  residential  improvements  may  consist of part of a multidwelling or
 22        multipurpose building and shall include all of such dwelling  or  building
 23        except  any  portion  used exclusively for anything other than the primary
 24        dwelling of the owner. The presence of an office in an owner-occupied res-
 25        idential property, which office is used for multiple  purposes,  including
 26        business  and  personal use, shall not prevent the owner from claiming the
 27        exemption provided in this section; and
 28        (b)  The tax commission has certified to the board of county commissioners
 29        that all properties in the county which are subject to  appraisal  by  the
 30        county  assessor have, in fact, been appraised uniformly so as to secure a
 31        just valuation for all property within the county; and
 32        (c)  The owner has certified to the county assessor by April 15 that:
 33             (i)   He is making application for the exemption allowed by this sec-
 34             tion;
 35             (ii)  That the residential  improvements  are  his  primary  dwelling
 36             place; and
 37             (iii) That  he  has  not made application in any other county for the
 38             exemption, and has not made application  for  the  exemption  on  any
 39             other residential improvements in the county.
 40        (d)  For the purpose of this section, the definition of owner shall be the
 41        same definition set forth in section 63-701(7), Idaho Code.
 42             When  an  "owner,"  pursuant  to the provisions of section 63-701(7),
 43        Idaho Code, is any person who as grantor, or whose spouse as grantor, cre-
                                                                        
                                           2
                                                                        
  1        ated a revocable or irrevocable trust and was named as beneficiary of that
  2        trust, or who is a partner of a limited partnership, a member of a limited
  3        liability company, or shareholder of a corporation, he or she may  provide
  4        proof  of  the  trust,  limited partnership, limited liability company, or
  5        corporation with an affidavit stating: (i) the name of the grantor,  part-
  6        ner,  member  or  shareholder;  (ii)  a statement that the grantor, or the
  7        grantor's spouse, is the beneficiary of the trust,  or  the  person  is  a
  8        partner  of the limited partnership, or a member  of the limited liability
  9        company, or a shareholder of  the  corporation;  (iii)  the  grantor,  the
 10        grantor's  spouse,  partner,  member or shareholder is the occupier of the
 11        residential property and uses the property as the primary  dwelling  place
 12        of the grantor, the grantor's spouse, partner, member or shareholder as of
 13        January  1;  and (iv) if applicable, the person holds at least a five per-
 14        cent (5%) ownership in the limited partnership, limited liability  company
 15        or corporation.
 16             The affidavit shall include the attaching of the copies of those por-
 17        tions  of  the  trust  or  other document which set forth the grantor, the
 18        grantor or the grantor's spouse as beneficiary and the signature  page  of
 19        the  trust  or other document; those portions of the articles of organiza-
 20        tion or operating agreement of the limited  liability  company  indicating
 21        the  person's  membership in the company and the ownership percentage held
 22        by such person; those portions of the  limited  partnership  agreement  or
 23        other  records  of  the limited partnership indicating that the person has
 24        been admitted to the partnership and the ownership percentage held by such
 25        person; or those portions of the articles of incorporation indicating that
 26        the person is a shareholder of the corporation and the ownership  percent-
 27        age held by such person.
 28        (e)  Any owner may request in writing the return of all copies of any doc-
 29        uments  submitted  with  the  affidavit set forth in paragraph (d) of this
 30        subsection that are held by a county assessor, and  the  copies  shall  be
 31        returned by the county assessor upon submission of the affidavit in proper
 32        form.
 33        (f)  For  the purpose of this section, the definition of "primary dwelling
 34        place" shall be the same definition set forth in section 63-701(8),  Idaho
 35        Code.
 36        (g)  For  the  purpose of this section, the definition of "occupied" shall
 37        be the same definition set forth in section 63-701(6), Idaho Code.
 38        (3)  An owner need only make application for the  exemption  described  in
 39    subsection  (1)  of  this section once, as long as all of the following condi-
 40    tions are met:
 41        (a)  The owner has received the exemption during the previous  year  as  a
 42        result  of  his making a valid application as defined in subsection (2)(c)
 43        of this section.
 44        (b)  The owner or beneficiary, partner, member or shareholder,  as  appro-
 45        priate,  still  occupies  the  same residential improvements for which the
 46        owner made application.
 47        (c)  The residential improvements described in subsection (3)(b)  of  this
 48        section  are  owner-occupied or occupied by a beneficiary, partner, member
 49        or shareholder, as appropriate, and used as the primary dwelling place  of
 50        the  owner or beneficiary, partner, member or shareholder, as appropriate,
 51        as of January 1; provided however,  that  in  the  event  the  residential
 52        improvements  are owner-occupied after January 1, but before April 15, the
 53        owner of the property is entitled to the exemption.
 54        (4)  The exemption allowed by this section must be taken before the reduc-
 55    tion in taxes provided by sections  63-701  through  63-710,  Idaho  Code,  is
                                                                        
                                           3
                                                                        
  1    applied.
  2        (5)  The legislature declares that this exemption is necessary and just.
  3        (6)  Residential  improvements  having  previously qualified for exemption
  4    under this section in the preceding year, shall not  lose  such  qualification
  5    due  to  the  owner's,  beneficiary's,  partner's,  member's  or shareholder's
  6    absence in the current year by reason of active military service in  a  desig-
  7    nated  combat zone, as defined in section 112 of the Internal Revenue Code. If
  8    an owner fails to timely apply for  exemption  as  required  in  this  section
  9    solely by reason of active duty in a designated combat zone by the owner, ben-
 10    eficiary,  partner, member  or shareholder, as appropriate, as defined in sec-
 11    tion 112 of the Internal Revenue Code, and such improvements would have other-
 12    wise qualified under this section, then the board of county  commissioners  of
 13    the  county  in  which  the  residential improvements are located shall refund
 14    property taxes, if previously paid, in an amount equal to the exemption  which
 15    would otherwise have applied.
 16        (7)  Upon  application to the county assessor, the owner of owner-occupied
 17    residential improvements shall be entitled to receive an additional  exemption
 18    for  a  portion of the market value for assessment purposes of the residential
 19    lot. For tax year 2003, the exemption shall be one-half (1/2)  of  the  market
 20    value  of the residential lot, up to a maximum of five hundred dollars ($500);
 21    for each tax year thereafter, the exemption shall be  one-half  (1/2)  of  the
 22    market  value  of the residential lot, up to a maximum of five hundred dollars
 23    ($500) more than the previous tax year's maximum possible  exemption  and  not
 24    exceeding ten thousand dollars ($10,000).
                                                                        
 25        SECTION  2.  This act shall be in full force and effect on and after Janu-
 26    ary 1, 2003.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11593

This legislation would slow the rate of inflation in the assessed
value of residential lots.  It would phase-in, in annual
increments of $500, an exemption on the value of the residential
lot for owner-occupied homes beginning in 2003.  In ten years the
upper limit on this exemption would be $5,000 and in twenty it
would be $10,000.  The existing homeowner exemption exempts part
of the value of residential improvements but provides no
mitigation for inflation in the value of residential lots.

                          FISCAL IMPACT

This measure would have no impact on the general fund in fiscal
2003.  Beginning with fiscal 2004 it would reduce annual
increases in the amount of state sales tax money that goes to
school levy replacement by about $140,000 a year.  Total Idaho
residential taxable value grows at about $1.5 billion if
inflation is four percent and $2,475,000,000 if inflation is 6.5
percent.  With this exemption, growth in total residential
taxable value, would be $140 million less. Schools would collect
$520,800 less in increased taxes with residential inflation than
without this exemption.



Contact
Name: Representative Robison 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                       H 514