2005 Legislation
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HOUSE BILL NO. 299 – Property tax/homeowner exemption

HOUSE BILL NO. 299

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Bill Status



H0299...............................................by REVENUE AND TAXATION
HOMEOWNER EXEMPTION - Amends existing law to allow residential improvements
to still qualify for the fifty-fifty homeowner's exemption if the
residential improvements, which previously qualified, have been leased
because the owner, beneficiary, partner, member or shareholder is absent in
the current year by reason of active military service in a designated
combat zone.
                                                                        
03/07    House intro - 1st rdg - to printing
03/08    Rpt prt - to Rev/Tax
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest,
      Henderson, Jaquet, Jones, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Skippen,
      Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Edmunson, Kemp, Shirley, Snodgrass
    Floor Sponsor - Denney
    Title apvd - to Senate
03/17    Senate intro - 1st rdg - to Loc Gov
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Pearce
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 283
         Effective: 01/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 299
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RESIDENTIAL IMPROVEMENTS EXEMPT FROM PROPERTY  TAXATION;  AMENDING
  3        SECTION  63-602G,  IDAHO  CODE, TO ALLOW RESIDENTIAL IMPROVEMENTS TO STILL
  4        QUALIFY FOR THE  FIFTY-FIFTY  HOMEOWNER'S  EXEMPTION  IF  THE  RESIDENTIAL
  5        IMPROVEMENTS,  WHICH  PREVIOUSLY  QUALIFIED,  HAVE BEEN LEASED BECAUSE THE
  6        OWNER, BENEFICIARY, PARTNER, MEMBER OR SHAREHOLDER IS ABSENT IN  THE  CUR-
  7        RENT  YEAR   BY  REASON  OF ACTIVE MILITARY SERVICE IN A DESIGNATED COMBAT
  8        ZONE; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 63-602G, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        63-602G.  PROPERTY  EXEMPT  FROM TAXATION -- RESIDENTIAL IMPROVEMENTS. (1)
 13    During the tax year 1983 and each year thereafter, the  first  fifty  thousand
 14    dollars  ($50,000)  of the market value for assessment purposes of residential
 15    improvements, or fifty percent (50%) of the market value for  assessment  pur-
 16    poses  of  residential  improvements, whichever is the lesser, shall be exempt
 17    from property taxation.
 18        (2)  The exemption allowed by this section may be granted only if:
 19        (a)  The residential improvements are owner-occupied and used as the  pri-
 20        mary  dwelling  place  of  the owner as of January 1, provided that in the
 21        event the residential improvements are owner-occupied after January 1  but
 22        before  April  15, the owner of the property is entitled to the exemption.
 23        The residential improvements may consist of part  of  a  multidwelling  or
 24        multipurpose  building  and shall include all of such dwelling or building
 25        except any portion used exclusively for anything other  than  the  primary
 26        dwelling of the owner. The presence of an office in an owner-occupied res-
 27        idential  property,  which office is used for multiple purposes, including
 28        business and personal use, shall not prevent the owner from  claiming  the
 29        exemption provided in this section; and
 30        (b)  The tax commission has certified to the board of county commissioners
 31        that  all  properties  in the county which are subject to appraisal by the
 32        county assessor have, in fact, been appraised uniformly so as to secure  a
 33        just valuation for all property within the county; and
 34        (c)  The owner has certified to the county assessor by April 15 that:
 35             (i)   He is making application for the exemption allowed by this sec-
 36             tion;
 37             (ii)  That  the  residential  improvements  are  his primary dwelling
 38             place; and
 39             (iii) That he has not made application in any other  county  for  the
 40             exemption,  and  has  not  made  application for the exemption on any
 41             other residential improvements in the county.
 42        (d)  For the purpose of this section, the definition of owner shall be the
 43        same definition set forth in section 63-701(7), Idaho Code.
                                                                        
                                           2
                                                                        
  1             When an "owner," pursuant to the  provisions  of  section  63-701(7),
  2        Idaho Code, is any person who is the beneficiary of a revocable or irrevo-
  3        cable  trust,  or who is a partner of a limited partnership, a member of a
  4        limited liability company, or shareholder of a corporation, he or she  may
  5        provide  proof  of  the trust, limited partnership, limited liability com-
  6        pany, or corporation in the manner set forth in section  63-703(4),  Idaho
  7        Code.
  8        (e)  Any owner may request in writing the return of all copies of any doc-
  9        uments  submitted with the affidavit set forth in section 63-703(4), Idaho
 10        Code, that are held by a county assessor, and the copies shall be returned
 11        by the county assessor upon submission of the affidavit in proper form.
 12        (f)  For  the purpose of this section, the definition of "primary dwelling
 13        place" shall be the same definition set forth in section 63-701(8),  Idaho
 14        Code.
 15        (g)  For  the  purpose of this section, the definition of "occupied" shall
 16        be the same definition set forth in section 63-701(6), Idaho Code.
 17        (3)  An owner need only make application for the  exemption  described  in
 18    subsection  (1)  of  this section once, as long as all of the following condi-
 19    tions are met:
 20        (a)  The owner has received the exemption during the previous  year  as  a
 21        result  of  his making a valid application as defined in subsection (2)(c)
 22        of this section.
 23        (b)  The owner or beneficiary, partner, member or shareholder,  as  appro-
 24        priate,  still  occupies  the  same residential improvements for which the
 25        owner made application.
 26        (c)  The residential improvements described in subsection (3)(b)  of  this
 27        section  are  owner-occupied or occupied by a beneficiary, partner, member
 28        or shareholder, as appropriate, and used as the primary dwelling place  of
 29        the  owner or beneficiary, partner, member or shareholder, as appropriate,
 30        as of January 1; provided however,  that  in  the  event  the  residential
 31        improvements  are owner-occupied after January 1, but before April 15, the
 32        owner of the property is entitled to the exemption.
 33        (4)  The exemption allowed by this section must be taken before the reduc-
 34    tion in taxes provided by sections  63-701  through  63-710,  Idaho  Code,  is
 35    applied.
 36        (5)  Recovery  of  property  tax  exemptions  allowed  by this section but
 37    improperly claimed or approved.
 38        (a)  Upon discovery of evidence, facts  or  circumstances  indicating  any
 39        exemption  allowed by this section was improperly claimed or approved, the
 40        county assessor shall decide  whether  the  exemption  claimed  should  be
 41        allowed  and  if not, notify the taxpayer in writing, assess a recovery of
 42        property tax and notify the county treasurer of this assessment.
 43        (b)  When information indicating that an improper claim for the  exemption
 44        allowed  by  this  section  is discovered by the state tax commission, the
 45        state tax commission may disclose  this  information  to  the  appropriate
 46        county  assessor,  board  of  county  commissioners  and county treasurer.
 47        Information disclosed to county officials  by  the  state  tax  commission
 48        under  this  subsection may be used to decide the validity of any entitle-
 49        ment to the exemption provided in this section and is not  otherwise  sub-
 50        ject to public disclosure pursuant to chapter 3, title 9, Idaho Code.
 51        (c)  The  assessment  and  collection of the recovery of property tax must
 52        begin within the seven (7) year period beginning the date  the  assessment
 53        notice  reflecting  the  improperly  claimed  or  approved  exemption  was
 54        required to be mailed to the taxpayer.
 55        (d)  The  taxpayer  may  appeal  to  the board of county commissioners the
                                                                        
                                           3
                                                                        
  1        decision by the county assessor to assess the  recovery  of  property  tax
  2        within thirty (30) days of the date the county assessor sent the notice to
  3        the taxpayer pursuant to this section.
  4        (e)  A  recovery  of  property  tax  shall  be for each year the exemption
  5        allowed by this section was improperly  claimed  or  approved  up  to  the
  6        lesser  of  a  maximum of seven (7) years or until the property was trans-
  7        ferred to a bona fide purchaser for value. The amount of the  recovery  of
  8        property  tax  shall  be  calculated  using  the product of the  amount of
  9        exempted value for each year multiplied by the levy  for  that  year  plus
 10        costs, late charges and interest for each year at the rates equal to those
 11        provided for delinquent property taxes during that year.
 12        (f)  Any  recovery  of property tax shall be due and payable no later than
 13        the date provided for property taxes in section 63-903, Idaho Code, and if
 14        not timely paid, late charges and interest, beginning  the  first  day  of
 15        January in the year following the year the county assessor sent the notice
 16        to  the taxpayer pursuant to this section, shall be calculated at the cur-
 17        rent rate provided for property taxes.
 18        (g)  Recovered property taxes shall be billed, collected  and  distributed
 19        in  the same manner as property taxes, except each taxing district or unit
 20        shall be notified of the amount of any recovered property  taxes  included
 21        in any distribution.
 22        (h)  Any unpaid recovered property taxes shall become a lien upon the real
 23        property  in  the  same  manner  as provided for property taxes in section
 24        63-206, Idaho Code, except such lien shall attach as of the first  day  of
 25        January in the year following the year the county assessor sent the notice
 26        to the taxpayer pursuant to this section.
 27        (i)  For  purposes  of  the  limitation  provided by section 63-802, Idaho
 28        Code, moneys received pursuant to this subsection as recovery of  property
 29        tax shall be treated as property tax revenue.
 30        (6)  The legislature declares that this exemption is necessary and just.
 31        (7)  Residential  improvements  having  previously qualified for exemption
 32    under this section in the preceding year, shall not  lose  such  qualification
 33    due  to:  the  owner's,  beneficiary's,  partner's,  member's or shareholder's
 34    absence in the current year by reason of active military service in  a  desig-
 35    nated  combat zone, as defined in section 112 of the Internal Revenue Code, or
 36    because the residential improvements have been leased because the owner, bene-
 37    ficiary, partner, member or shareholder is absent in the current year  by rea-
 38    son of active military service in a designated combat zone, as defined in sec-
 39    tion 112 of the Internal Revenue Code. If an owner fails to timely  apply  for
 40    exemption  as  required  in  this section solely by reason of active duty in a
 41    designated combat zone by the owner, beneficiary, partner,  member  or  share-
 42    holder,  as  appropriate,  as  defined  in section 112 of the Internal Revenue
 43    Code, and such improvements would have otherwise qualified under this section,
 44    then the board of county commissioners of the county in which the  residential
 45    improvements  are  located shall refund property taxes, if previously paid, in
 46    an amount equal to the exemption which would otherwise have applied.
                                                                        
 47        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 48    declared to exist, this act shall be in full force and effect on and after its
 49    passage and approval, and retroactively to January 1, 2005.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15122

This legislation allows residential improvements to still qualify
for the fifty-fifty homeowners exemption when the property has
been leased because the owner is absent in the current year by
reason of active military service in a designated combat zone.



                           FISCAL NOTE

There is no fiscal impact.



Contact
Name:  Rep. Lawerence Denney 
       Rep. Mike Moyle
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                      H 299