Print Friendly HOUSE BILL NO. 124 – Property tax exmptn, over age 70
HOUSE BILL NO. 124
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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
]]]] 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
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
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
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.
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
Name: Representative Shirley McKague
STATEMENT OF PURPOSE/FISCAL NOTE H 124