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H0264...............................................by REVENUE AND TAXATION PROPERTY TAX - Adds to existing law to exempt from the property tax any increase in excess of three percent per year in the net taxable value of real property or operating property of a taxpayer; to define terms; to provide the effect of a change in status; to provide that tax year 2004 is the base year for calculation; and to provide that the exemption does not apply to forest lands. 03/02 House intro - 1st rdg - to printing 03/05 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 264 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAX; AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 63-602JJ, IDAHO CODE, TO EXEMPT FROM THE PROP- 4 ERTY TAX ANY INCREASE IN EXCESS OF THREE PERCENT PER YEAR IN THE NET TAX- 5 ABLE VALUE OF REAL PROPERTY OR OPERATING PROPERTY OF A TAXPAYER, TO PRO- 6 VIDE TAX YEAR 2004 AS THE BASE YEAR, TO PROVIDE THE EFFECT OF A CHANGE OF 7 TAX STATUS OR TAX EXEMPTION, TO PROVIDE DEFINITIONS, TO PROVIDE PROCEDURES 8 FOR PERSONS ACTING IN CONCERT, TO PROVIDE THAT THE PROPERTY INCLUDED IN 9 THE CALCULATION OF THE EXEMPTION SHALL INCLUDE EACH PARCEL OF REAL PROP- 10 ERTY OWNED BY THE TAXPAYER, TO PROVIDE WHEN A SALES OR TRANSFER SHALL NOT 11 BE DEEMED TO HAVE OCCURRED, TO PROVIDE CIRCUMSTANCES WHEN PROPERTY 12 ACQUIRES A NEW TAXABLE VALUE, TO PROVIDE THAT THE EXEMPTION DOES NOT APPLY 13 TO FOREST LANDS, TO PROVIDE THAT THE LEGISLATURE DECLARES THE EXEMPTION 14 NECESSARY AND JUST AND TO PROVIDE FOR RULES; DECLARING AN EMERGENCY AND 15 PROVIDING RETROACTIVE APPLICATION. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Chapter 6, Title 63, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 63-602JJ, Idaho Code, and to read as follows: 20 63-602JJ. PROPERTY EXEMPT FROM TAXATION -- NET TAXABLE VALUE INCREASES 21 ABOVE A CERTAIN PERCENTAGE. (1) Any increase in excess of three percent (3%) 22 per year in the the net taxable value of real property or operating property, 23 based on the property's taxable value for tax year 2004, shall be exempt from 24 property taxation and any special assessment as long as the taxpayer continues 25 to own the property and the property continues to maintain its tax exemption 26 or tax status. If a property's tax exemption or tax status changes during a 27 year, the owner of the property shall be liable to have the property valued 28 and taxed according to fair market value. If the taxable value of real prop- 29 erty or operating property increases less than three percent (3%) in a year, 30 then the value of the real property or operating property shall be increased 31 by the amount that the assessment increased. "Sale" or "transfer" means any 32 conveyance of title to real property or operating property, or any estate or 33 interest therein, for a consideration, and any contract for such conveyance. 34 The term "sale" or the term "transfer" also includes the grant, assignment, 35 quitclaim, sale or transfer of improvements constructed upon leased land. 36 The term "sale" or the term "transfer" also includes the transfer or acquisi- 37 tion within any twelve (12) month period of a controlling interest in any 38 entity with an interest in real property or operating property located in this 39 state for a consideration. For purposes of this section all acquisitions by 40 persons acting in concert shall be aggregated for purposes of determining 41 whether a transfer or acquisition of a controlling interest has taken place. 42 The state tax commission shall promulgate rules to determine when persons are 43 acting in concert. In adopting a rule for this purpose, the state tax commis- 2 1 sion shall consider the following: 2 (a) Persons shall be treated as acting in concert when they have a rela- 3 tionship with each other such that one (1) person influences or controls 4 the actions of another through common ownership; and 5 (b) When persons are not owned or controlled through common ownership, 6 they shall be treated as acting in concert only when the unity, with which 7 the purchasers have negotiated and will consummate the transfer of owner- 8 ship interest, supports a finding that they are acting as a single entity. 9 If the acquisitions are completely independent, with each purchaser buying 10 without regard to the identity of the other purchasers, then the acquisitions 11 shall be considered separate acquisitions. 12 (2) As used in this section, a sales or transfer of property shall not be 13 deemed to have occurred if the following happens: 14 (a) A transfer of a mortgage or other interest in real property or oper- 15 ating property merely to secure a debt, or the assignment thereof; 16 (b) A transfer of title to or from the United States, any territory or 17 state or any agency, department, instrumentality or political subdivision 18 thereof; 19 (c) A transfer of title between spouses, including gifts; 20 (d) A transfer of title between former spouses in compliance with the 21 decree of divorce; 22 (e) Transfers, assignments or conveyances of unpatented mines or mining 23 claims; 24 (f) A transfer, assignment or other conveyance of real property or oper- 25 ating property to a corporation or other business organization if the per- 26 son conveying the real property or operating property owns one hundred 27 percent (100%) of the corporation or organization to which the conveyance 28 is made; 29 (g) The making, delivering or filing of conveyances of real property or 30 operating property to make effective any plan of reorganization or adjust- 31 ment: 32 (i) Confirmed under the bankruptcy act, as amended, title 11 of 33 U.S.C.; 34 (ii) Approved in an equity receivership proceeding involving a cor- 35 poration, as defined in the bankruptcy act; or 36 (iii) Whereby a mere change in identity, form or place or organiza- 37 tion is effected, such as a transfer between a corporation and its 38 parent corporation, a subsidiary or an affiliated corporation, if the 39 making, delivering or filing of instruments of transfer or conveyance 40 occurs within five (5) years after the date of the confirmation, 41 approval or change; 42 (h) A transfer of real property or operating property into a trust as 43 long as the owner or owners have control of the trust; or 44 (i) The exchange of real property or operating property held for produc- 45 tive use in a trade or business or for investment if such property is 46 exchanged solely for property of like kind which is to be held either for 47 productive use in a trade or business or for investment, and if such 48 exchange qualifies as a nontaxable exchange pursuant to 26 U.S.C. section 49 1031. 50 (3) When title to the real property or operating property changes by 51 sale or inheritance except as provided in subsection (2) of this section, then 52 the real property or operating property shall acquire a new taxable value 53 equal to the market value at the time of the transfer. When improvements in 54 excess of one thousand dollars ($1,000) are made to the property, the property 55 shall acquire a new taxable value equal to the value of the improvements added 3 1 to the prior taxable value. When property is sold or transferred or improve- 2 ments in excess of one thousand dollars ($1,000) are made to the property it 3 is the duty of the owner to notify the county assessor with either the sales 4 price of the property or the cost of the improvements. Failure to notify the 5 county assessor of such fact or facts may result in the removal of exemption 6 from the property pursuant to this section. The property included in the cal- 7 culation of the exemption set forth in this section shall include each parcel 8 of real property owned by the taxpayer. Property of a taxpayer assessed pursu- 9 ant to chapter 17, title 63, Idaho Code, shall not be eligible for the exemp- 10 tion provided by this section. Any increase provided by this section shall be 11 taken after taking any other exemption otherwise provided by law. 12 (4) The legislature declares this exemption to be necessary and just. 13 (5) The state tax commission shall adopt all rules that may be necessary 14 to implement the provisions of this section. 15 SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval, and retroactively to January 1, 2007.
STATEMENT OF PURPOSE RS 16987 The purpose of this legislation is to exempt from the property tax any increase in the net taxable value of real property of a taxpayer in excess of three (3) percent per year. This legislation provides that the property included in the calculation of the exemption shall include each parcel of real property owned by the taxpayer, provides that the exemption does not apply to forest lands, provides that the legislature declares the exemption necessary and just, and provides for rules. This legislation also declares an emergency and provides for retroactive application. FISCAL IMPACT Local revenue will be unaffected except for a few districts that hit statutory levy limits. Increased circuit breaker payments will have a small impact on the general fund. Contact Name: Rep. George Eskridge Phone: 332-1270 Sen. Shawn Keough Sen. Joyce Broadsword Sen. Diane Bilyeu Rep. Eric Anderson Rep. Frank Henderson Rep. Bob Nonini Rep. Rich Wills Rep. R.J. Harwood Rep. Marge Chadderdon Rep. Paul Shepherd Rep. George Sayler Rep. Pete Nielsen Rep. Mary Lou Shepherd Rep. Phil Hart STATEMENT OF PURPOSE/FISCAL NOTE H 264