2005 Legislation
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HOUSE BILL NO. 124 – Property tax exmptn, over age 70

HOUSE BILL NO. 124

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Bill Status



H0124...............................................by REVENUE AND TAXATION
PROPERTY TAX EXEMPTIONS - 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, who has paid Idaho real
property taxes on Idaho residential real property continuously for the
immediately preceding ten years, and who occupies the homestead as the
individual's primary dwelling place.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 124
                                                                        
                             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, WHO
  8        HAS PAID IDAHO REAL PROPERTY TAXES ON IDAHO RESIDENTIAL REAL PROPERTY CON-
  9        TINUOUSLY FOR THE IMMEDIATELY PRECEDING TEN YEARS  AND  WHO  OCCUPIES  THE
 10        HOMESTEAD  AS  THE  INDIVIDUAL'S  PRIMARY DWELLING PLACE; AND PROVIDING AN
 11        EFFECTIVE DATE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Chapter 6, Title 63, Idaho Code,  be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 63-602HH, Idaho Code, and to read as follows:
                                                                        
 16        63-602HH.  PROPERTY EXEMPT FROM TAXATION -- ELIGIBILITY BY AGE  OF  APPLI-
 17    CANT,  OWNERSHIP  AND  OCCUPATION  OF HOMESTEAD. (1) The following property is
 18    exempt from taxation if an application has been submitted  and  the  exemption
 19    has been approved as provided in this section: one hundred fifty thousand dol-
 20    lars  ($150,000)  of market value for assessment purposes after application of
 21    the exemption in section 63-602G, Idaho Code, of an  owner-occupied  homestead
 22    used  as  the  primary dwelling place of an individual who is at least seventy
 23    (70) years of age and who is the record owner holding title in fee  simple  or
 24    who has retained or been granted a life estate.
 25        (2)  An  application  for  property  tax exemption under the provisions of
 26    this section shall be filed in the office of the county assessor between Janu-
 27    ary 1 and April 15 of each year for which the exemption is requested, provided
 28    the homestead is occupied after January 1 and before April 15.  The  applicant
 29    shall certify to the county assessor that:
 30        (a)  He is making application for the exemption allowed by this section;
 31        (b)  The homestead is his primary dwelling place;
 32        (c)  He has paid Idaho real property taxes on Idaho residential real prop-
 33        erty continuously for the immediately preceding ten (10) years;
 34        (d)  He is the record owner holding title in fee simple or has retained or
 35        been granted a life estate;
 36        (e)  He is at least seventy (70) years of age on or before April 15 of the
 37        year in which the application for exemption is filed; and
 38        (f)  He  has  not  made application in any other county for the exemption,
 39        and has not made application for the exemption on any other  homestead  in
 40        the county.
 41        (3)  Any application filed shall be signed by the applicant or by any per-
 42    son  or  entity  described  in  section 63-711(3), Idaho Code. By signing such
 43    application, the applicant, or the person or entity signing  such  application
                                                                        
                                           2
                                                                        
  1    shall  attest  to  the  truth of such application, and shall be subject to the
  2    penalties provided in section 18-5401, Idaho Code, for  stating  as  true  any
  3    material  fact known to be false. All applications shall be made on forms pre-
  4    scribed  by the state tax commission and shall be in triplicate. One (1)  copy
  5    of  the form shall be provided to the applicant or the person or entity acting
  6    on behalf of the applicant, one (1) copy shall be kept  for  all  county  pur-
  7    poses,  and  one  (1) copy shall be forwarded to the state tax commission with
  8    the property tax reduction roll.
  9        (4)  The county assessor shall  examine  each  application  and  determine
 10    whether  it  is  in conformity with the requirements of subsection (2) of this
 11    section, and shall approve or disapprove the application. The county  assessor
 12    shall  notify  the  applicant, or the person or entity acting on behalf of the
 13    applicant, in writing by May 1 if the application has been approved or  disap-
 14    proved. The notice of disapproval shall declare that the applicant or the per-
 15    son  or  entity  acting  on  behalf of the applicant may appeal the assessor's
 16    decision to the county board of equalization, and shall  state  the  time  and
 17    place  that  the  county board of equalization shall meet for such purpose. In
 18    considering any appeal of the assessor's decision, the board  of  equalization
 19    may  affirm  or  reject  the assessor's decision. The decision of the board of
 20    equalization shall be final, except that within thirty (30) days,  the  appli-
 21    cant, or any person or entity acting on behalf of the applicant, may appeal to
 22    the district court on matters of law, and may appeal the decision of the board
 23    of  equalization  when  the board has acted arbitrarily. The applicant, or the
 24    person or entity acting on behalf of the applicant, shall be notified  immedi-
 25    ately, in writing, of the board of equalization's action on his appeal to it.
 26        (5)  The  exemption  allowed by section 63-602G, Idaho Code, must be taken
 27    before the exemption allowed in this section is  applied;  and  the  exemption
 28    allowed  in  this  section shall be in addition to the exemption granted under
 29    section 63-602G, Idaho Code.
 30        (6)  The exemption granted under the  provisions  of  this  section  shall
 31    become effective on the first day of January of the year in which the applica-
 32    tion is filed, is effective only for the tax year in which the application for
 33    exemption  is  filed and approved, and shall exempt from property taxation one
 34    hundred fifty thousand dollars ($150,000) of market value for assessment  pur-
 35    poses  of  the  homestead, based upon the current year's assessed value, after
 36    application of the provisions of section 63-602G, Idaho Code.
 37        (7)  If an applicant dies after having filed  a  timely  application,  the
 38    exemption shall be allowed to his personal representative if one is appointed,
 39    or to surviving heirs, or to the trust or other entity owning the property, as
 40    appropriate, for that tax year only.
 41        (8)  For  the purpose of this section, the definition of "homestead" shall
 42    have the same meaning as set forth in section 63-701(2), Idaho Code.
 43        (9)  For the purpose of this section, the definition of  "occupied"  shall
 44    have the same meaning as set forth in section 63-701(6), Idaho Code.
 45        (10) For  the purpose of this section, the definition of "primary dwelling
 46    place" shall have the same meaning as set forth in  section  63-701(8),  Idaho
 47    Code.
 48        (11) The legislature declares that this exemption is necessary and just.
                                                                        
 49        SECTION  2.  This act shall be in full force and effect on and after Janu-
 50    ary 1, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 14495C1

The purpose of this legislation is to provide 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 property 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 NOTE

No fiscal impact to the general fund. It will impact the counties
in a negative way temporarily because the number of households
now on the "circuit breaker" may apply for this exemption
instead.


Contact
Name:  Representative Shirley McKague 
Phone: (208)332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   H 124