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H0716...............................................by REVENUE AND TAXATION
PROPERTY TAX EXEMPTION - Adds to existing law to provide an exemption from
property tax, which must be applied for annually, for an individual aged
seventy years or older who is the record owner holding title in fee simple,
or who has retained or been granted a life estate, and who occupies the
homestead as the individual's primary dwelling place.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 716
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO EXEMPTIONS FROM TAXATION; AMENDING CHAPTER 6, TITLE 63, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 63-602HH, IDAHO CODE, TO PROVIDE AN
4 EXEMPTION FROM PROPERTY TAX OF ONE HUNDRED FIFTY THOUSAND DOLLARS OF MAR-
5 KET VALUE FOR ASSESSMENT PURPOSES FOR THE OWNER-OCCUPIED HOMESTEAD OF AN
6 INDIVIDUAL SEVENTY YEARS OF AGE OR OLDER WHO IS THE RECORD OWNER HOLDING
7 TITLE IN FEE SIMPLE OR WHO HAS RETAINED OR BEEN GRANTED A LIFE ESTATE, AND
8 WHO OCCUPIES THE HOMESTEAD AS THE INDIVIDUAL'S PRIMARY DWELLING PLACE; AND
9 PROVIDING AN EFFECTIVE DATE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 6, Title 63, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 63-602HH, Idaho Code, and to read as follows:
14 63-602HH. PROPERTY EXEMPT FROM TAXATION -- ELIGIBILITY BY AGE OF APPLI-
15 CANT, OWNERSHIP AND OCCUPATION OF HOMESTEAD. (1) The following property is
16 exempt from taxation if an application has been submitted and the exemption
17 has been approved as provided in this section: one hundred fifty thousand dol-
18 lars ($150,000) of market value for assessment purposes after application of
19 the exemption in section 63-602G, Idaho Code, of an owner-occupied homestead
20 used as the primary dwelling place of an individual who is at least seventy
21 (70) years of age and who is the record owner holding title in fee simple or
22 who has retained or been granted a life estate.
23 (2) An application for property tax exemption under the provisions of
24 this section shall be filed in the office of the county assessor between Janu-
25 ary 1 and April 15 of each year for which the exemption is requested, provided
26 the homestead is occupied after January 1 and before April 15. The applicant
27 shall certify to the county assessor that:
28 (a) He is making application for the exemption allowed by this section;
29 (b) The homestead is his primary dwelling place;
30 (c) He is the record owner holding title in fee simple or who has
31 retained or been granted a life estate;
32 (d) He is at least seventy (70) years of age on or before April 15 of the
33 year in which the application for exemption is filed; and
34 (e) He has not made application in any other county for the exemption,
35 and has not made application for the exemption on any other homestead in
36 the county.
37 (3) Any application filed shall be signed by the applicant or by any per-
38 son or entity described in section 63-711(3), Idaho Code. By signing such
39 application, the applicant, or the person or entity signing such application
40 shall attest to the truth of such application, and shall be subject to the
41 penalties provided by section 18-5401, Idaho Code, for stating as true any
42 material fact known to be false. All applications shall be made on forms pre-
43 scribed by the state tax commission and shall be in triplicate. One (1) copy
2
1 of the form shall be provided to the applicant or the person or entity acting
2 on behalf of the applicant, one (1) copy shall be kept for all county pur-
3 poses, and one (1) copy shall be forwarded to the state tax commission with
4 the property tax reduction roll.
5 (4) The county assessor shall examine each application and determine
6 whether it is in conformity with the requirements of subsection (2) of this
7 section, and shall approve or disapprove the application. The county assessor
8 shall notify the applicant, or the person or entity acting on behalf of the
9 applicant, in writing by May 1 if the application has been approved or disap-
10 proved. The notice of disapproval shall declare that the applicant or the per-
11 son or entity acting on behalf of the applicant may appeal the assessor's
12 decision to the county board of equalization, and shall state the time and
13 place that the county board of equalization shall meet for such purposes. In
14 considering any appeal of the assessor's decision, the board of equalization
15 may affirm or reject the assessor's decision. The decision of the board of
16 equalization shall be final, except that within thirty (30) days the appli-
17 cant, or any person or entity acting on behalf of the applicant, may appeal to
18 the district court on matters of law, and may appeal the decision of the board
19 of equalization when the board has acted arbitrarily. The applicant, or the
20 person or entity acting on behalf of the applicant, shall be notified immedi-
21 ately, in writing, of the board of equalization's action on his appeal to it.
22 (5) The exemption allowed by section 63-602G, Idaho Code, must be taken
23 before the exemption granted under the provisions of this section is applied;
24 and the exemption allowed in this section is in addition to the exemption
25 granted under section 63-602G, Idaho Code.
26 (6) The exemption granted under the provisions of this section shall
27 become effective on the first day of January of the year in which the applica-
28 tion is filed, is effective only for the tax year in which the application for
29 exemption is filed and approved, and shall exempt from property taxation one
30 hundred fifty thousand dollars ($150,000) of market value for assessment pur-
31 poses of the homestead, based upon the current year's assessed value, after
32 application of the provisions of section 63-602G, Idaho Code.
33 (7) If an applicant dies after having filed a timely application, the
34 exemption shall be allowed to his personal representative, if one is
35 appointed, or to surviving heirs or to the trust or other entity owning the
36 property, as appropriate, for that tax year only.
37 (8) For the purpose of this section, the definition of "homestead" shall
38 have the same meaning as set forth in section 63-701(2), Idaho Code.
39 (9) For the purpose of this section, the definition of "occupied" shall
40 have the same meaning as set forth in section 63-701(6), Idaho Code.
41 (10) For the purpose of this section, the definition of "primary dwelling
42 place" shall have the same meaning as set forth in section 63-701(8), Idaho
43 Code.
44 (11) The legislature declares that this exemption is necessary and just.
45 SECTION 2. This act shall be in full force and effect on and after Janu-
46 ary 1, 2005.
STATEMENT OF PURPOSE
RS 13836C2
The legislation provides that the owner-occupied homestead
used as the primary dwelling place of an individual who is at
least seventy (70) years of age, and who is the record owner
holding title or who has retained or been granted a life estate,
may apply for an exemption from the tax on that property each
year. If the owner dies, after the exemption has been approved,
it shall be in force for the rest of the year.
FISCAL IMPACT
Positive impact on state general fund. However, it will
cause a shift of the tax burden at the county level.
Contact
Name: Rep McKague
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 716