2005 Legislation
Print Friendly

HOUSE BILL NO. 275 – Property tax, deferral, when

HOUSE BILL NO. 275

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0275...............................................by REVENUE AND TAXATION
PROPERTY TAX - DEFERRED - Adds to existing law to provide for deferral of
taxes on certain residential real property if the claimant has lived on the
property for ten consecutive years preceding application.
                                                                        
02/28    House intro - 1st rdg - to printing
03/01    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. 275
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DEFERRING TAXES ON CERTAIN REAL PROPERTY; AMENDING TITLE 63, IDAHO
  3        CODE, BY THE ADDITION OF A NEW CHAPTER 18, TITLE 63, IDAHO CODE,  TO  PRO-
  4        VIDE  A  STATEMENT  OF  PURPOSE, TO PROVIDE DEFINITIONS, TO PROVIDE THAT A
  5        CLAIM FOR PROPERTY TAX DEFERRAL IS PERSONAL AND TO PROVIDE EXCEPTIONS,  TO
  6        PROVIDE  THE FORM OF CLAIMS, TO PROVIDE THE AMOUNT OF DEFERRAL, TO PROVIDE
  7        FOR FILING A CLAIM AND TO PROVIDE TIME REQUIREMENTS,  TO PROVIDE FOR DURA-
  8        TION OF DEFERRAL AND TO PROVIDE FOR PAYMENT AT CESSATION OF  DEFERRAL,  TO
  9        PROVIDE  PENALTIES  FOR  FAILURE  TO GIVE NOTICE OF TRANSFER OF OWNERSHIP;
 10        DECLARING AN EMERGENCY, PROVIDING RETROACTIVE  APPLICATION  AND  PROVIDING
 11        APPLICATION TO TAX YEAR 2005.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That Title 63, Idaho Code, be, and the same is hereby amended
 14    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 15    ter 18, Title 63, Idaho Code, and to read as follows:
                                                                        
 16                                      CHAPTER 18
 17                    TAXES DEFERRED ON CERTAIN RESIDENTIAL PROPERTY
                                                                        
 18        63-1801.  PURPOSE.  The  purpose  of  this  chapter  is to protect certain
 19    homeowners from increases in assessed valuations and to  defer  taxation  upon
 20    the  increased  valuation  until  certain events occur causing the transfer of
 21    ownership of the home.
                                                                        
 22        63-1802.  DEFINITIONS. As used in this chapter:
 23        (1)  "Claimant" means a person who has filed a claim under the  provisions
 24    of this chapter and who on January 1 of the year in which the claim is filed:
 25        (a)  Is  an  owner  who occupies the homestead which is the subject of the
 26        claim and has occupied the homestead which is the subject of the claim for
 27        at least ten (10) consecutive years preceding application and the property
 28        has been also taxable during that time;
 29        (b)  Is a resident of the state of Idaho.
 30        (2)  "Homestead" means the dwelling, owner-occupied by  the  claimant  and
 31    shall be as defined in section 63-701, Idaho Code.
 32        (3)  "Occupied" means actual use and possession.
 33        (4)  "Owner" shall be as defined in section 63-701, Idaho Code.
 34        (5)  "Primary dwelling place" shall be as defined in section 63-701, Idaho
 35    Code,  provided the claimant resided therein on January 1 and for at least ten
 36    (10) consecutive years preceding application.
 37        (6)  "Transfer of ownership" means either the sale or  other  transfer  of
 38    title  accompanied by change of possession of real property. "Transfer of own-
 39    ership" shall include lease or possession and occupation for a period  of  one
 40    (1) year or more measured either by written documentation of such lease or by,
 41    in  fact,  change of occupation in exchange for payment to the property owners
                                                                        
                                           2
                                                                        
  1    as established by credible evidence. The term "transfer  of  ownership"  shall
  2    not  include  the purchase or transfer of real property between spouses of the
  3    following:
  4        (a)  Transfers to a trustee for the beneficial use of  a  spouse,  or  the
  5        surviving spouse of a deceased transferor, or by a trustee of such a trust
  6        to the spouse of the trustor;
  7        (b)  Transfers to a spouse which take effect upon the death of a spouse;
  8        (c)  Transfers to  a spouse or former spouse in connection with a property
  9        settlement agreement or decree of divorce;
 10        (d)  The creation, transfer or termination, solely between spouses, of any
 11        co-owner's interest; or
 12        (e)  The  distribution  of a legal entity's property to a spouse or former
 13        spouse in exchange for the interest of the spouse in the legal  entity  in
 14        connection with a property settlement agreement or a decree of divorce.
                                                                        
 15        63-1803.  CLAIM  IS  PERSONAL -- EXCEPTIONS. (1) The right to file a claim
 16    under the provisions of this chapter shall be personal  to  the  claimant  and
 17    shall not survive his death. Such right may be exercised on behalf of a living
 18    claimant by an agent authorized in writing to so act or by a guardian or other
 19    representative acting pursuant to judicial authority. If a claimant dies after
 20    having  filed  a timely claim, the amount thereof shall be allowed to his per-
 21    sonal representative, if one is appointed, or to surviving heirs.
 22        (2)  In the case of property owned by  an  estate,  the  deceased  owner's
 23    widow or widower:
 24        (a)  May  file  a  claim  on  behalf  of his or her deceased spouse if the
 25        deceased spouse qualified or would have qualified as a claimant on January
 26        1 of the year in which the claim is filed; or
 27        (b)  Shall be deemed the owner of the property in any year after the  year
 28        of the death of the spouse.
                                                                        
 29        63-1804.  FORM  OF  CLAIMS.  (1)  Any  claim  filed shall be signed by the
 30    claimant. By signing such claim, the claimant shall attest  to  the  truth  of
 31    such claim, and shall be subject to the penalties provided by section 18-5401,
 32    Idaho Code, for stating as true any material fact known to be false.
 33        (2)  All claims shall be made on forms prescribed by the state tax commis-
 34    sion and shall be in triplicate. One (1) copy of the form shall be provided to
 35    the  claimant, one (1) copy shall be kept for all county purposes, and one (1)
 36    copy shall be forwarded to the state tax commission.
 37        (3)  By filing a claim, a claimant does not relinquish any rights or reme-
 38    dies he or she may otherwise have pursuant to law.  The  county  commissioners
 39    may  grant  any such claimant a deferral of property taxes if a claim has been
 40    filed under the provisions of this chapter.
 41        (4)  When an "owner" is any person who  as  grantor  created  a  revocable
 42    trust and named himself or herself as beneficiary of that trust, he or she may
 43    provide proof of the revocable trust with an affidavit stating:
 44        (a)  The name of the grantor;
 45        (b)  A statement that the grantor is the beneficiary of the trust;
 46        (c)  The trust is revocable during the grantor's lifetime; and
 47        (d)  The  grantor  is  the  owner-occupier of the residential property and
 48        uses the property as the primary dwelling place of the owner as of January
 49        1.
 50        The affidavit shall include the attaching of the copies of those  portions
 51    of  the  trust  which  set  forth the grantor, the grantor as beneficiary, the
 52    revocable character of the trust and the signature page of the trust.
                                                                        
                                           3
                                                                        
  1        63-1805.  AMOUNT OF DEFERRAL. (1) Each claimant  applying  and  qualifying
  2    for a deferral in property taxes  under this chapter shall be allowed a defer-
  3    ral  in  property  taxes  on  his  homestead for the current year only, in the
  4    amounts provided by subsection (3) of this section.
  5        (2)  All property taxes on the homestead continue to be the responsibility
  6    of the individual taxpayer, all property taxes continue to be perpetual  liens
  7    against  the  property  against  which assessed, and all property taxes may be
  8    collected and enforced in the usual manner, if the taxpayer does  not  receive
  9    any  property tax deferral under this chapter or if the taxpayer receives less
 10    property tax deferral than the whole amount of property taxes with which he is
 11    charged.
 12        (3)  Claimants may apply pursuant to the provisions  of  this  chapter  to
 13    defer a percentage of property taxes levied against an eligible homestead. The
 14    amount  of taxes that may be deferred shall be equal to the difference between
 15    the immediately preceding year's market value and the  current  year's  market
 16    value multiplied by the current year's property tax levy rate.
                                                                        
 17        63-1806.  FILING  A CLAIM -- TIME REQUIREMENTS. (1) Any claim for property
 18    tax deferral to be granted under the provisions of this chapter shall be filed
 19    in the office of the county assessor between January 1 and April  15  of  each
 20    year. The county assessor shall examine each claim and determine whether it is
 21    in  conformity with this chapter and shall accordingly approve, modify or dis-
 22    approve the claim in total at the time the application is received.  Addition-
 23    ally, the county assessor shall notify the claimant in writing by May 1 if his
 24    claim has been modified or has been disapproved. The notice of modification or
 25    disapproval shall declare that the claimant may appeal the assessor's decision
 26    to  the  county board of equalization, and shall state the time and place that
 27    the county board of equalization shall meet for such purposes. An  owner  need
 28    only make application for the deferral described in this chapter once, as long
 29    as the owner still qualifies for the deferral.
 30        (2)  All  claims  filed with the county assessor shall be completed by him
 31    and forwarded to the county commissioners, which shall convene as a  board  of
 32    equalization, any other provision of law notwithstanding, on or before May 15,
 33    and  shall  approve  all  claims  approved  by  the county assessor, and shall
 34    approve the action of the county assessor in  modifying  or  disapproving  all
 35    other  claims  unless  an appeal has been filed with the board of equalization
 36    prior to May 15. In considering any appeal of the assessor's decision in modi-
 37    fying or disapproving a claim,  the  board  of  equalization  may  affirm  the
 38    assessor's  decision,  may  modify  the assessor's decision, or may reject the
 39    assessor's decision and proceed to approve all or any part  of  the  claim  as
 40    submitted to the assessor originally.
 41        (3)  No informality on the part of the board of equalization shall invali-
 42    date  any action of the board. The decision of the board of equalization shall
 43    be final, except that within thirty (30) days the claimant may appeal  to  the
 44    district  court on matters of law, and may appeal the decision of the board of
 45    equalization when the board has acted arbitrarily. The claimant shall be noti-
 46    fied immediately, in writing, of the board of  equalization's  action  on  his
 47    appeal to it.
 48        (4)  Owners seeking deferrals pursuant to this chapter shall apply for the
 49    benefits  and  consent  to recapture provisions in the manner provided in this
 50    chapter.
                                                                        
 51        63-1807.  DURATION OF DEFERRAL -- PAYMENT AT CESSATION  OF  DEFERRAL.  (1)
 52    After  the  application has been accepted and approved it shall remain in full
 53    force and effect until there is a:
                                                                        
                                           4
                                                                        
  1        (a)  Transfer of ownership; or
  2        (b)  Voluntary withdrawal by the property owner(s) of the  application  or
  3        request for cessation of the deferral;
  4        (c)  Determination  by  the state tax commission that the information sup-
  5        porting the claim is no longer true or the claim or deferral is erroneous.
  6        (2)  When a deferral ceases, the amount of taxes deferred shall be due and
  7    payable, and shall be apportioned as property taxes are distributed during the
  8    current tax year. Taxes validly deferred shall not be  considered  delinquent.
  9    However,  if  the  payment of deferred taxes does not occur within one hundred
 10    twenty (120) calendar days of the mailing of written notice of  the  cessation
 11    of  the  deferral,  the  deferred taxes shall be considered delinquent and all
 12    remedies and procedures available to the taxing entities may be pursued.
                                                                        
 13        63-1808.  PENALTIES FOR FAILURE TO GIVE PROPER NOTICE OF TRANSFER OF  OWN-
 14    ERSHIP.  A  claimant  who has been granted a deferral pursuant to this chapter
 15    and who fails to give notice that a transfer of ownership has  occurred  shall
 16    be  subject  to  a  penalty equal to twenty percent (20%) of the amount of the
 17    accumulated deferred tax, in addition to the interest and deferred  tax  owed,
 18    for each year in which the claimant fails to give notice.
                                                                        
 19        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 20    declared to exist, this act shall be in full force and effect on and after its
 21    passage and approval, and retroactively to January 1, 2005. For tax year 2005,
 22    a claim pursuant to Section 63-1806, Idaho Code, may be filed  until  May  15,
 23    2005,  and  county assessors shall accept the claim as if it had been filed by
 24    April 15, 2005.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                            RS 14758C3
    
    This legislation would provide property tax relief for
    homeowners who have lived in their home for ten continuous
    years or more. The assessed value of their home would be
    frozen as of January 1st of the year they applied and
    qualified. They would continue to pay taxes on the frozen
    assessed value, at current levy rates, as long as they
    remained in the home. Taxes would continue to be calculated
    as if there was no freeze, and the deferred taxes would be a
    lien on the property.


    
                              FISCAL IMPACT

    There is no fiscal impact to the state general fund. There
    would be a slight initial shift to other property owners at
    the county level, but such a shift would end over time as
    deferred taxes began to be repaid.
    
    
        
    
    Contact:
    Representative George Sayler
    Phone:  332-1233
    
    
    STATEMENT OF PURPOSE/FISCAL NOTE                 H 275