2007 Legislation
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HOUSE BILL NO. 264 – Property tax/proprty value increase

HOUSE BILL NO. 264

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



                       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