2004 Legislation
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HOUSE BILL NO. 825 – Property tax, homeowner exmptn/addl

HOUSE BILL NO. 825

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H0825...............................................by REVENUE AND TAXATION
PROPERTY TAX - Amends existing law to provide an additional property tax
exemption for certain homeowners.
                                                                        
03/09    House intro - 1st rdg - to printing
03/10    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 825
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROPERTY EXEMPT FROM TAXATION;  AMENDING  SECTION  63-602G,  IDAHO
  3        CODE, TO PROVIDE AN ADDITIONAL EXEMPTION FOR CERTAIN OWNERS; AND PROVIDING
  4        AN EFFECTIVE DATE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 63-602G, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        63-602G.  PROPERTY EXEMPT FROM TAXATION -- RESIDENTIAL  IMPROVEMENTS.  (1)
  9    During  the  tax  year 1983 and each year thereafter, the first fifty thousand
 10    dollars ($50,000) of the market value for assessment purposes  of  residential
 11    improvements,  or  fifty percent (50%) of the market value for assessment pur-
 12    poses of residential improvements, whichever is the lesser,  shall  be  exempt
 13    from property taxation.
 14        (2)  The exemption allowed by this section may be granted only if:
 15        (a)  The  residential improvements are owner-occupied and used as the pri-
 16        mary dwelling place of the owner as of January 1,  provided  that  in  the
 17        event  the residential improvements are owner-occupied after January 1 but
 18        before April 15, the owner of the property is entitled to  the  exemption.
 19        The  residential  improvements  may  consist of part of a multidwelling or
 20        multipurpose building and shall include all of such dwelling  or  building
 21        except  any  portion  used exclusively for anything other than the primary
 22        dwelling of the owner. The presence of an office in an owner-occupied res-
 23        idential property, which office is used for multiple  purposes,  including
 24        business  and  personal use, shall not prevent the owner from claiming the
 25        exemption provided in this section; and
 26        (b)  The tax commission has certified to the board of county commissioners
 27        that all properties in the county which are subject to  appraisal  by  the
 28        county  assessor have, in fact, been appraised uniformly so as to secure a
 29        just valuation for all property within the county; and
 30        (c)  The owner has certified to the county assessor by April 15 that:
 31             (i)   He is making application for the exemption allowed by this sec-
 32             tion;
 33             (ii)  That the residential  improvements  are  his  primary  dwelling
 34             place; and
 35             (iii) That  he  has  not made application in any other county for the
 36             exemption, and has not made application  for  the  exemption  on  any
 37             other residential improvements in the county.
 38        (d)  For the purpose of this section, the definition of owner shall be the
 39        same definition set forth in section 63-701(7), Idaho Code.
 40             When  an  "owner,"  pursuant  to the provisions of section 63-701(7),
 41        Idaho Code, is any person who as grantor, or whose spouse as grantor, cre-
 42        ated a revocable or irrevocable trust and was named as beneficiary of that
 43        trust, or who is a partner of a limited partnership, a member of a limited
                                                                        
                                           2
                                                                        
  1        liability company, or shareholder of a corporation, he or she may  provide
  2        proof  of  the  trust,  limited partnership, limited liability company, or
  3        corporation with an affidavit stating: (i) the name of the grantor,  part-
  4        ner,  member  or  shareholder;  (ii)  a statement that the grantor, or the
  5        grantor's spouse, is the beneficiary of the trust,  or  the  person  is  a
  6        partner  of  the limited partnership, or a member of the limited liability
  7        company, or a shareholder of the corporation;  (iii)  the  grantor,    the
  8        grantor's  spouse,  partner,  member or shareholder is the occupier of the
  9        residential property and uses the property as the primary  dwelling  place
 10        of the grantor, the grantor's spouse, partner, member or shareholder as of
 11        January  1;  and (iv) if applicable, the person holds at least a five per-
 12        cent (5%) ownership in the limited partnership, limited liability  company
 13        or corporation.
 14             The affidavit shall include the attaching of the copies of those por-
 15        tions  of  the  trust  or  other document which set forth the grantor, the
 16        grantor or the grantor's spouse as beneficiary and the signature  page  of
 17        the  trust  or other document; those portions of the articles of organiza-
 18        tion or operating agreement of the limited  liability  company  indicating
 19        the  person's  membership in the company and the ownership percentage held
 20        by such person; those portions of the  limited  partnership  agreement  or
 21        other  records  of  the limited partnership indicating that the person has
 22        been admitted to the partnership and the ownership percentage held by such
 23        person; or those portions of the articles of incorporation indicating that
 24        the person is a shareholder of the corporation and the ownership  percent-
 25        age held by such person.
 26        (e)  Any owner may request in writing the return of all copies of any doc-
 27        uments  submitted  with  the  affidavit set forth in paragraph (d) of this
 28        subsection that are held by a county assessor, and  the  copies  shall  be
 29        returned by the county assessor upon submission of the affidavit in proper
 30        form.
 31        (f)  For  the purpose of this section, the definition of "primary dwelling
 32        place" shall be the same definition set forth in section 63-701(8),  Idaho
 33        Code.
 34        (g)  For  the  purpose of this section, the definition of "occupied" shall
 35        be the same definition set forth in section 63-701(6), Idaho Code.
 36        (3)  An owner need only make application for the  exemption  described  in
 37    subsection  (1)  of  this section once, as long as all of the following condi-
 38    tions are met:
 39        (a)  The owner has received the exemption during the previous  year  as  a
 40        result  of  his making a valid application as defined in subsection (2)(c)
 41        of this section.
 42        (b)  The owner or beneficiary, partner, member or shareholder,  as  appro-
 43        priate,  still  occupies  the  same residential improvements for which the
 44        owner made application.
 45        (c)  The residential improvements described in subsection (3)(b)  of  this
 46        section  are  owner-occupied or occupied by a beneficiary, partner, member
 47        or shareholder, as appropriate, and used as the primary dwelling place  of
 48        the  owner or beneficiary, partner, member or shareholder, as appropriate,
 49        as of January 1; provided however,  that  in  the  event  the  residential
 50        improvements  are owner-occupied after January 1, but before April 15, the
 51        owner of the property is entitled to the exemption.
 52        (4)  The exemption allowed by this section must be taken before the reduc-
 53    tion in taxes provided by sections  63-701  through  63-710,  Idaho  Code,  is
 54    applied.
 55        (5)  The legislature declares that this exemption is necessary and just.
                                                                        
                                           3
                                                                        
  1        (6)  Residential  improvements  having  previously qualified for exemption
  2    under this section in the preceding year, shall not  lose  such  qualification
  3    due  to  the  owner's,  beneficiary's,  partner's,  member's  or shareholder's
  4    absence in the current year by reason of active military service in  a  desig-
  5    nated  combat zone, as defined in section 112 of the Internal Revenue Code. If
  6    an owner fails to timely apply for  exemption  as  required  in  this  section
  7    solely by reason of active duty in a designated combat zone by the owner, ben-
  8    eficiary,  partner,  member or shareholder, as appropriate, as defined in sec-
  9    tion 112 of the Internal Revenue Code,  and  such    improvements  would  have
 10    otherwise qualified under this section, then the board of county commissioners
 11    of  the  county in which the residential improvements are located shall refund
 12    property taxes, if previously paid, in an amount equal to the exemption  which
 13    would otherwise have applied.
 14        (7)  Beginning in tax year 2006, owners who qualified for and received the
 15    exemption  provided  for in subsections (1) through (6) of this section in the
 16    previous tax year shall be eligible to receive an additional exemption as pro-
 17    vided herein. Any claim for the additional exemption under the  provisions  of
 18    this  subsection  shall  be filed in the office of the county assessor between
 19    January 1 and April 15 of each year.
 20        (a)  Exemptions granted pursuant to  the  provisions  of  this  subsection
 21        shall  exempt  from  property  taxation for the year in which the claim is
 22        granted an amount equal to the difference between:
 23             (i)   The  market  value  for  assessment  purposes  of   residential
 24             improvements and the land upon which the residential improvements are
 25             situated for the tax year in which the claim is made; and
 26             (ii)  The   market  value  for  assessment  purposes  of  residential
 27             improvements and the land upon which the residential improvements are
 28             situated for the tax year 2005, provided the owner has qualified  for
 29             the  additional  exemption pursuant to the provisions of this subsec-
 30             tion in the year 2006 and each and every year thereafter.
 31        (b)  In the event that an owner fails to qualify for an additional  exemp-
 32        tion  pursuant  to  the provisions of this subsection in any tax year, and
 33        thereafter qualifies for such an exemption, the amount subject  to  exemp-
 34        tion  from  property  taxation  for the year in which the claim is granted
 35        shall be an amount equal to the difference between:
 36             (i)   The  market  value  for  assessment  purposes  of   residential
 37             improvements and the land upon which the residential improvements are
 38             situated for the tax year in which the claim is made; and
 39             (ii)  The   market  value  for  assessment  purposes  of  residential
 40             improvements and the land upon which the residential improvements are
 41             situated for the tax year preceding the tax year in which  the  owner
 42             qualifies for the exemption under this subsection.
 43        (c)  Owners  shall  qualify  for  an exemption pursuant to this subsection
 44        provided the following criteria are met:
 45             (i)   The owner was age sixty-five (65) years or older in the  previ-
 46             ous tax year, or a disabled person who is recognized as disabled pur-
 47             suant  to  title  42  of  the  United States Code, or by the railroad
 48             retirement board pursuant to title 45 of the United States  Code,  or
 49             by  the  office  of  management and budget pursuant to title 5 of the
 50             United States Code, or a disabled veteran of any war  engaged  in  by
 51             the  United  States, whose disability is recognized as a service-con-
 52             nected disability of a degree of ten percent (10%) or more, or has  a
 53             pension for nonservice-connected disabilities in accordance with laws
 54             and  regulations  administered by the United States veterans adminis-
 55             tration;
                                                                        
                                           4
                                                                        
  1             (ii)  The owner meets the criteria of subsection (3) of this section;
  2             and
  3             (iii) The owner applicant and spouse, if any, have received household
  4             income, as defined in section 63-701, Idaho Code,  for  the  previous
  5             tax  year  totaling less than thirty-five thousand dollars ($35,000),
  6             and provided evidence of income for the  previous  tax  year  to  the
  7             county  assessor.  The  household income limitation shall be adjusted
  8             annually for  cost-of-living  fluctuations  as  provided  in  section
  9             63-705, Idaho Code.
 10        (d)  Provided  the  criteria  set  forth in this subsection continue to be
 11        met, the owner may continue to apply and receive the exemption in succeed-
 12        ing years.
 13        (e)  For purposes of this subsection, the "land," upon which the  residen-
 14        tial  improvements  are situated, shall have the same meaning as that land
 15        described in section 63-701(2), Idaho Code.
                                                                        
 16        SECTION 2.  This act shall be in full force and effect on and after  Janu-
 17    ary 1, 2005.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS 13530C1

The purpose of this legislation is to protect homeowners, age 65
or older, or disabled, from increased property taxes resulting
from increases in taxable value.  If household income, before
taxes, is less than $35,000 and the resident qualified for the
homeowner exemption in the previous year, they could apply with
the assessor for a freeze on the taxable value of the home and
residential lot.  This exemption would apply only to owner
occupied primary residential properties.  The freeze would
continue so long as they continued to meet the qualifications and
own and live in the home.


                         FISCAL IMPACT

There would be no fiscal impact on the general fund in FY 2005. 
Thereafter, the impact on the general fund would be a reduction
in the amount of state funds required for the circuit breaker
program, an estimated $800,000 in the first year, FY 2006.  Most
who qualify for this exemption now qualify for the circuit
breaker.  There would be a property tax reduction to eligible
households of $1.8 million in 2006, about $45 per eligible
household.  This amount would be paid by non-eligible property
taxpayers.  There would be no reduction in the amount of property
taxes collected by cities, counties or other local government. 
Annual increases for schools resulting from inflation in
residential values would be less than without this change.  Based
on recent rates of inflation, the difference would be $410,000
starting in FY 2006.

Contact
Name:  Sen. Fred Kennedy
Phone:  332-1348
Name:  Rep. Charles Cuddy
Phone:  332-1235

STATEMENT OF PURPOSE / FISCAL IMPACT                    H 825