Download Zipped Amended WordPerfect HB0077S01.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute H.B. 77
This document includes House Committee Amendments incorporated into the bill on Tue,
Jan 22, 2008 at 3:25 PM by ddonat. -->
This document includes House Committee Amendments incorporated into the bill on Tue,
Jan 22, 2008 at 3:26 PM by ddonat. -->
This document includes House Floor Amendments incorporated into the bill on Fri, Jan
25, 2008 at 11:36 AM by jeyring. -->
Representative John Dougall proposes the following substitute bill:
1
PERSONAL PROPERTY TAX AMENDMENTS
2
2008 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: John Dougall
5
Senate Sponsor:
Wayne L. Niederhauser
6
7
LONG TITLE
8
General Description:
9
This bill amends the Property Tax Act and the chapter relating to the collection of
10
certain personal property taxes and the calculation of the certified tax rate.
11
Highlighted Provisions:
12
This bill:
13
. defines terms;
14
. amends the time period within which a county assessor or treasurer is required to
15
deposit its collections of personal property tax revenue with the state treasurer or a
16
qualified depository for the credit of the state;
17
. creates a depreciation schedule for certain classes of taxable tangible personal
18
property;
19
. allows a person to elect to designate certain taxable tangible personal property as
20
"expensed personal property" for valuation and taxing purposes;
21
. starting January 1, 2010, requires the Tax Commission to develop a depreciation
22
schedule for short life expensed personal property;
23
. prohibits a county from requiring a person to itemize the person's expensed personal
24
property;
25
. amends the date within which a person is required to file a statement with the
26
county assessor's office listing the person's real and personal property;
27
. eliminates the certified mailing requirement for a county assessor when the county
28
assessor notifies a personal property taxpayer that the personal property taxpayer's
29
signed statement is past due;
30
. amends the formula for the calculation of the certified tax rate;
31
. requires the portions of the certified tax rate calculation that relate to personal
32
property values to be based on the prior year's personal property values;
33
. amends the exemption amount for certain personal property;
34
. exempts certain personal property with a residual value of 15% or less from
35
taxation;
36
. amends the time period within which a personal property tax or uniform fee is due;
37
and
38
. makes technical changes.
39
Monies Appropriated in this Bill:
40
None
41
Other Special Clauses:
42
This bill takes effect on January 1, 2009.
43
Utah Code Sections Affected:
44
AMENDS:
45
17-34-3, as last amended by Laws of Utah 2005, First Special Session, Chapter 9
46
17C-1-408, as renumbered and amended by Laws of Utah 2006, Chapter 359
47
53A-16-106, as last amended by Laws of Utah 1994, Chapter 12
48
53A-17a-133, as last amended by Laws of Utah 2006, Chapter 26
49
53A-19-102, as last amended by Laws of Utah 2007, Chapter 92
50
53A-19-105, as last amended by Laws of Utah 2003, Chapter 122
51
59-2-306, as last amended by Laws of Utah 2000, Chapter 86
52
59-2-307, as last amended by Laws of Utah 2006, Chapter 39
53
59-2-908, as last amended by Laws of Utah 1995, Chapter 278
54
59-2-913, as last amended by Laws of Utah 2007, Chapter 107
55
59-2-914, as last amended by Laws of Utah 1995, Chapter 278
56
59-2-918, as last amended by Laws of Utah 2006, Chapters 26 and 104
57
59-2-924, as last amended by Laws of Utah 2007, Chapters 107, and 329
58
59-2-1115, as last amended by Laws of Utah 2007, Chapter 8
59
59-2-1302, as last amended by Laws of Utah 2007, Chapter 306
60
59-2-1330, as last amended by Laws of Utah 2002, Chapters 196 and 240
61
ENACTS:
62
59-2-108, Utah Code Annotated 1953
63
59-2-924.2, Utah Code Annotated 1953
64
65
Be it enacted by the Legislature of the state of Utah:
66
Section 1.
Section
17-34-3
is amended to read:
67
17-34-3. Taxes or service charges.
68
(1) (a) If a county furnishes the municipal-type services and functions described in
69
Section
17-34-1
to areas of the county outside the limits of incorporated cities or towns, the
70
entire cost of the services or functions so furnished shall be defrayed from funds that the county
71
has derived from:
72
(i) taxes that the county may lawfully levy or impose outside the limits of incorporated
73
towns or cities;
74
(ii) service charges or fees the county may impose upon the persons benefited in any
75
way by the services or functions; or
76
(iii) a combination of these sources.
77
(b) As the taxes or service charges or fees are levied and collected, they shall be placed
78
in a special revenue fund of the county and shall be disbursed only for the rendering of the
79
services or functions established in Section
17-34-1
within the unincorporated areas of the
80
county or as provided in Subsection
10-2-121
(2).
81
(2) For the purpose of levying taxes, service charges, or fees provided in this section,
82
the county legislative body may establish a district or districts in the unincorporated areas of
83
the county.
84
(3) Nothing contained in this chapter may be construed to authorize counties to impose
85
or levy taxes not otherwise allowed by law.
86
[(4) (a) A county required under Subsection
17-34-1
(4) to provide advanced life
87
support and paramedic services to the unincorporated area of the county and that previously
88
paid for those services through a countywide levy may increase its levy under Subsection
89
(1)(a)(i) to generate in the unincorporated area of the county the same amount of revenue as the
90
county loses from that area due to the required decrease in the countywide certified tax rate
91
under Subsection
59-2-924
(2)(k)(i).]
92
[(b) An increase in tax rate under Subsection (4)(a) is exempt from the notice and
93
hearing requirements of Sections
59-2-918
and
59-2-919
.]
94
[(5)] (4) Notwithstanding any other provision of this chapter, a county providing fire,
95
paramedic, and police protection services in a designated recreational area, as provided in
96
Subsection
17-34-1
(5), may fund those services from the county general fund with revenues
97
derived from both inside and outside the limits of cities and towns, and the funding of those
98
services is not limited to unincorporated area revenues.
99
Section 2.
Section
17C-1-408
is amended to read:
100
17C-1-408. Base taxable value to be adjusted to reflect other changes.
101
(1) (a) (i) As used in this Subsection (1), "qualifying decrease" means:
102
(A) a decrease of more than 20% from the previous tax year's levy; or
103
(B) a cumulative decrease over a consecutive five-year period of more than 100% from
104
the levy in effect at the beginning of the five-year period.
105
(ii) The year in which a qualifying decrease under Subsection (1)(a)(i)(B) occurs is the
106
fifth year of the five-year period.
107
(b) If there is a qualifying decrease in the minimum basic school levy under Section
108
59-2-902
that would result in a reduction of the amount of tax increment to be paid to an
109
agency:
110
(i) the base taxable value of taxable property within the project area shall be reduced in
111
the year of the qualifying decrease to the extent necessary, even if below zero, to provide the
112
agency with approximately the same amount of tax increment that would have been paid to the
113
agency each year had the qualifying decrease not occurred; and
114
(ii) the amount of tax increment paid to the agency each year for the payment of bonds
115
and indebtedness may not be less than what would have been paid to the agency if there had
116
been no qualifying decrease.
117
(2) (a) The amount of the base taxable value to be used in determining tax increment
118
shall be:
119
(i) increased or decreased by the amount of an increase or decrease that results from:
120
(A) a statute enacted by the Legislature or by the people through an initiative;
121
(B) a judicial decision;
122
(C) an order from the State Tax Commission to a county to adjust or factor its
123
assessment rate under Subsection
59-2-704
(2);
124
(D) a change in exemption provided in Utah Constitution Article XIII, Section 2, or
125
Section
59-2-103
; or
126
(E) an increase or decrease in the percentage of fair market value, as defined under
127
Section
59-2-102
; and
128
(ii) reduced for any year to the extent necessary, even if below zero, to provide an
129
agency with approximately the same amount of money the agency would have received without
130
a reduction in the county's certified tax rate if:
131
(A) in that year there is a decrease in the county's certified tax rate under Subsection
132
[
59-2-924
(2)(c) or (d)(i)]
59-2-924.2
(2) or (3)(a);
133
(B) the amount of the decrease is more than 20% of the county's certified tax rate of the
134
previous year; and
135
(C) the decrease would result in a reduction of the amount of tax increment to be paid
136
to the agency.
137
(b) Notwithstanding an increase or decrease under Subsection (2)(a), the amount of tax
138
increment paid to an agency each year for payment of bonds or other indebtedness may not be
139
less than would have been paid to the agency each year if there had been no increase or
140
decrease under Subsection (2)(a).
141
Section 3.
Section
53A-16-106
is amended to read:
142
53A-16-106. Annual certification of tax rate proposed by local school board --
143
Inclusion of school district budget -- Modified filing date.
144
(1) Prior to June 22 of each year, each local school board shall certify to the county
145
legislative body in which the district is located, on forms prescribed by the State Tax
146
Commission, the proposed tax rate approved by the local school board.
147
(2) A copy of the district's budget, including items under Section
53A-19-101
, and a
148
certified copy of the local school board's resolution which approved the budget and set the tax
149
rate for the subsequent school year beginning July 1 shall accompany the tax rate.
150
(3) If the tax rate approved by the board is in excess of the "certified tax rate" as
151
defined under Subsection
59-2-924
[(2)](3)(a), the date for filing the tax rate and budget
152
adopted by the board shall be that established under Section
59-2-919
.
153
Section 4.
Section
53A-17a-133
is amended to read:
154
53A-17a-133. State-supported voted leeway program authorized -- Election
155
requirements -- State guarantee -- Reconsideration of the program.
156
(1) An election to consider adoption or modification of a voted leeway program is
157
required if initiative petitions signed by 10% of the number of electors who voted at the last
158
preceding general election are presented to the local school board or by action of the board.
159
(2) (a) (i) To establish a voted leeway program, a majority of the electors of a district
160
voting at an election in the manner set forth in Section
53A-16-110
must vote in favor of a
161
special tax.
162
(ii) The tax rate may not exceed .002 per dollar of taxable value.
163
(b) The district may maintain a school program which exceeds the cost of the program
164
referred to in Section
53A-17a-145
with this voted leeway.
165
(c) In order to receive state support the first year, a district must receive voter approval
166
no later than December 1 of the year prior to implementation.
167
(3) (a) Under the voted leeway program, the state shall contribute an amount sufficient
168
to guarantee $17.54 per weighted pupil unit for each .0001 of the first .0016 per dollar of
169
taxable value.
170
(b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
171
of taxable value under Subsection (3)(a) shall apply to the board-approved leeway authorized
172
in Section
53A-17a-134
, so that the guarantee shall apply up to a total of .002 per dollar of
173
taxable value if a school district levies a tax rate under both programs.
174
(c) (i) Beginning July 1, 2005, the $17.54 guarantee under Subsections (3)(a) and (b)
175
shall be indexed each year to the value of the weighted pupil unit by making the value of the
176
guarantee equal to .008544 times the value of the prior year's weighted pupil unit.
177
(ii) The guarantee shall increase by .0005 times the value of the prior year's weighted
178
pupil unit for each succeeding year until the guarantee is equal to .010544 times the value of
179
the prior year's weighted pupil unit.
180
(d) (i) The amount of state guarantee money to which a school district would otherwise
181
be entitled to under this Subsection (3) may not be reduced for the sole reason that the district's
182
levy is reduced as a consequence of changes in the certified tax rate under Section
59-2-924
183
pursuant to changes in property valuation.
184
(ii) Subsection (3)(d)(i) applies for a period of two years following any such change in
185
the certified tax rate.
186
(4) (a) An election to modify an existing voted leeway program is not a reconsideration
187
of the existing program unless the proposition submitted to the electors expressly so states.
188
(b) A majority vote opposing a modification does not deprive the district of authority to
189
continue an existing program.
190
(c) If adoption of a leeway program is contingent upon an offset reducing other local
191
school board levies, the board must allow the electors, in an election, to consider modifying or
192
discontinuing the program prior to a subsequent increase in other levies that would increase the
193
total local school board levy.
194
(d) Nothing contained in this section terminates, without an election, the authority of a
195
school district to continue an existing voted leeway program previously authorized by the
196
voters.
197
(5) Notwithstanding Section
59-2-918
, a school district may budget an increased
198
amount of ad valorem property tax revenue derived from a voted leeway imposed under this
199
section in addition to revenue from new growth as defined in Subsection
59-2-924
[(2)](4),
200
without having to comply with the advertisement requirements of Section
59-2-918
, if the
201
voted leeway is approved:
202
(a) in accordance with Section
53A-16-110
on or after January 1, 2003; and
203
(b) within the four-year period immediately preceding the year in which the school
204
district seeks to budget an increased amount of ad valorem property tax revenue derived from
205
the voted leeway.
206
(6) Notwithstanding Section
59-2-919
, a school district may levy a tax rate under this
207
section that exceeds the certified tax rate without having to comply with the advertisement
208
requirements of Section
59-2-919
if:
209
(a) the levy exceeds the certified tax rate as the result of a school district budgeting an
210
increased amount of ad valorem property tax revenue derived from a voted leeway imposed
211
under this section; and
212
(b) if the voted leeway was approved:
213
(i) in accordance with Section
53A-16-110
on or after January 1, 2003; and
214
(ii) within the four-year period immediately preceding the year in which the school
215
district seeks to budget an increased amount of ad valorem property tax revenue derived from
216
the voted leeway.
217
Section 5.
Section
53A-19-102
is amended to read:
218
53A-19-102. Local school boards budget procedures.
219
(1) Prior to June 22 of each year, each local school board shall adopt a budget and
220
make appropriations for the next fiscal year. If the tax rate in the proposed budget exceeds the
221
certified tax rate defined in [Subsection] Section
59-2-924
[(2)], the board shall comply with
222
Sections
59-2-918
and
59-2-919
in adopting the budget, except as provided by Section
223
53A-17a-133
.
224
(2) Prior to the adoption of a budget containing a tax rate which does not exceed the
225
certified tax rate, the board shall hold a public hearing, as defined in Section
10-9a-103
, on the
226
proposed budget. In addition to complying with Title 52, Chapter 4, Open and Public Meetings
227
Act, in regards to the hearing, the board shall do the following:
228
(a) publish the required newspaper notice at least ten days prior to the hearing; and
229
(b) file a copy of the proposed budget with the board's business administrator for public
230
inspection at least ten days prior to the hearing.
231
(3) The board shall file a copy of the adopted budget with the state auditor and the
232
State Board of Education.
233
Section 6.
Section
53A-19-105
is amended to read:
234
53A-19-105. School district interfund transfers.
235
(1) A school district shall spend revenues only within the fund for which they were
236
originally authorized, levied, collected, or appropriated.
237
(2) Except as otherwise provided in this section, school district interfund transfers of
238
residual equity are prohibited.
239
(3) The State Board of Education may authorize school district interfund transfers of
240
residual equity when a district states its intent to create a new fund or expand, contract, or
241
liquidate an existing fund.
242
(4) The State Board of Education may also authorize school district interfund transfers
243
of residual equity for a financially distressed district if the board determines the following:
244
(a) the district has a significant deficit in its maintenance and operations fund caused
245
by circumstances not subject to the administrative decisions of the district;
246
(b) the deficit cannot be reasonably reduced under Section
53A-19-104
; and
247
(c) without the transfer, the school district will not be capable of meeting statewide
248
educational standards adopted by the State Board of Education.
249
(5) The board shall develop standards for defining and aiding financially distressed
250
school districts under this section in accordance with Title 63, Chapter 46a, Utah
251
Administrative Rulemaking Act.
252
(6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
253
and reported in the debt service fund.
254
(b) Debt service levies under Subsection
59-2-924
[(2)(a)(v)(C)](3)(e)(iii) that are not
255
subject to the certified tax rate hearing requirements of Sections
59-2-918
and
59-2-919
may
256
not be used for any purpose other than retiring general obligation debt.
257
(c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
258
year shall be used in subsequent years for general obligation debt retirement.
259
(d) Any amounts left in the debt service fund after all general obligation debt has been
260
retired may be transferred to the capital projects fund upon completion of the budgetary hearing
261
process required under Section
53A-19-102
.
262
Section 7.
Section
59-2-108
is enacted to read:
263
59-2-108. Depreciation schedule for certain taxable tangible personal property.
264
(1) As used in this section:
265
(a) (i) "Acquisition cost" means all costs required to put an item of tangible personal
266
property into service; and
267
(ii) includes:
268
(A) the purchase price for a new or used item;
269
(B) the cost of freight and shipping;
270
(C) the cost of installation, engineering, erection, or assembly; and
271
(D) sales and use taxes.
272
(b) "Expensed personal property" means an item of taxable tangible personal property
273
that:
274
(i) has an acquisition cost of H. [
$5,000
] $1,000 .H or less; and
275
(ii) a person elects to have assessed according to a schedule described in Subsection
276
(4).
277
(c) (i) "Item of taxable tangible personal property" does not include an improvement to
278
real property or a part that will become an improvement.
279
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
280
the commission may make rules defining the term "item of taxable tangible personal property."
281
(d) (i) "Short life expensed personal property" means expensed personal property that
282
is the same type as the following personal property:
283
(A) short life property;
284
(B) short life trade fixtures; or
285
(C) computer hardware.
286
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
287
the commission may make rules defining the following terms:
288
(A) "short life property";
289
(B) "short life trade fixtures"; and
290
(C) "computer hardware."
291
(e) "Taxable tangible personal property" means tangible personal property that is
292
subject to taxation under this chapter.
293
(2) (a) A person may elect to designate taxable tangible personal property as expensed
294
personal property.
295
(b) A county shall not require a person to:
296
(i) itemize expensed personal property on the signed statement described in Section
297
59-2-306
; and
298
(ii) track expensed personal property.
299
(c) If a taxpayer's expensed personal property is audited in accordance with Subsection
300
59-2-306
(3), a taxpayer shall provide proof of the acquisition H. [
price
] cost .H of the
300a
expensed personal
301
property.
302
(3) (a) An election to designate taxable tangible personal property as expensed personal
303
property under this section may not be revoked.
304
(b) Except as provided in Subsection (3)(d), if an item of taxable tangible personal
305
property is designated as expensed personal property, the person must pay taxes according to
306
the taxable value determined by the schedule for a term designated by a schedule described in
307
Subsection (4).
308
(c) If a person sells or otherwise disposes of an item of expensed personal property
309
prior to the time period described in Subsection (3)(b) or (d), the person shall continue to pay
310
taxes according to the schedule described in Subsection (4).
311
(d) If a person elects to designate an item of taxable tangible personal property
312
acquired before December 31, 2008, as expensed personal property at a time after the first year
313
after the item is acquired, the person must pay taxes according to the taxable value determined
314
by the schedule for a time period that equals:
315
(i) the time period designated in Subsection (3)(b); less
316
(ii) the time period beginning when the person acquired the item of expensed personal
317
property and ending when the person designated the item as short life expensed personal
318
property.
319
(e) If a person elects to designate taxable tangible personal property as expensed
320
personal property in accordance with Subsection (2)(a), the person may not appeal the values
321
described in Subsection (4).
322
(4) (a) For the taxable year beginning on January 1, 2009 and ending on December 31,
323
2009, the taxable value of short life expensed personal property is calculated by applying the
324
percent good factor against the acquisition cost of the property as follows:
325
Short Life Expensed Personal Property Schedule
326
Year of Percent Good of
327
Acquisition Acquisition Cost
328
2008 69%
329
2007 52%
330
2006 30%
331
2005 17%
332
2004 11%
333
(b) For taxable years beginning on or after January 1, 2010, the taxable value of short
334
life expensed personal property shall be assessed according to a schedule developed by the
335
commission in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
336
Section 8.
Section
59-2-306
is amended to read:
337
59-2-306. Statements by taxpayers -- Power of assessors respecting statements.
338
(1) The county assessor may request a signed statement from any person setting forth
339
all the real and personal property assessable by the assessor which is owned, possessed,
340
managed, or under the control of the person at 12 [o'clock] noon on January 1. [This
341
statement]
342
(2) (a) Except as provided in Subsection (2)(b) or (c), a signed statement described in
343
Subsection (1) shall be filed on or before May 15 of the year the statement described in
344
Subsection (1) is requested by the county assessor.
345
(b) For a county of the first class, the signed statement described in Subsection (1) shall
346
be filed [within 30] on the later of:
347
(i) 60 days after requested by the assessor[.]; or
348
(ii) on or before May 15 of the year the statement described in Subsection (1) is
349
requested by the county assessor if, by resolution, the county legislative body of that county
350
adopts the deadline described in Subsection (2)(a).
351
(c) If a county assessor requests a signed statement described in Subsection (1) on or
352
after March 16, the person shall file the signed statement within 60 days after requested by the
353
assessor.
354
[(2)] (3) The signed statement shall include the following:
355
(a) all property belonging to, claimed by, or in the possession, control, or management
356
of the person, any firm of which the person is a member, or any corporation of which the
357
person is president, secretary, cashier, or managing agent;
358
(b) the county in which the property is located or in which it is taxable; and, if taxable
359
in the county in which the signed statement was made, also the city, town, school district, road
360
district, or other taxing district in which it is located or taxable; and
361
(c) all lands in parcels or subdivisions not exceeding 640 acres each, the sections and
362
fractional sections of all tracts of land containing more than 640 acres which have been
363
sectionized by the United States Government, and the improvements on those lands.
364
[(3)] (4) Every assessor may subpoena and examine any person in any county in
365
relation to any signed statement but may not require that person to appear in any county other
366
than the county in which the subpoena is served.
367
Section 9.
Section
59-2-307
is amended to read:
368
59-2-307. Refusal by taxpayer to file signed statement -- Penalty -- Assessor to
369
estimate value -- Reporting information to other counties.
370
(1) (a) Each person who fails to file the signed statement required by Section
59-2-306
,
371
fails to file the signed statement with respect to name and place of residence, or fails to appear
372
and testify when requested by the assessor, shall pay a penalty equal to 10% of the estimated
373
tax due, but not less than $100 for each failure to file a signed and completed statement.
374
(b) Each penalty under Subsection (1)(a) shall be collected in the manner provided by
375
Sections
59-2-1302
and
59-2-1303
, except as otherwise provided for in this section, or by a
376
judicial proceeding brought in the name of the assessor.
377
(c) All money recovered by any assessor under this section shall be paid into the county
378
treasury.
379
(2) (a) The penalty imposed by Subsection (1)(a) may not be waived or reduced by the
380
assessor, county, county Board of Equalization, or commission except pursuant to a procedure
381
for the review and approval of reductions and waivers adopted by county ordinance, or by
382
administrative rule adopted in accordance with Title 63, Chapter 46a, Utah Administrative
383
Rulemaking Act.
384
(b) The penalty under Subsection (1)(a) for failure to appear and testify when requested
385
by the assessor may not be imposed until 30 days after the [certified] postmark date of mailing
386
of a subsequent [certified] notice.
387
(3) (a) If [any] an owner neglects or refuses to file [the] a signed statement [within 30
388
days of the date the first county request was sent] requested by an assessor of a county of the
389
first class as required under Section
59-2-306
, the assessor [shall] of a county of the first class:
390
(i) shall make:
391
(A) a subsequent request by [certified] mail for the signed statement, informing the
392
owner of the consequences of not filing a signed statement; and
393
(B) a record of the failure to file and an estimate of the value of the property of the
394
owner based on known facts and circumstances; and
395
(ii) may impose a fee for the actual and necessary expenses of the [certified] mailing
396
under Subsection (3)(a)(i)(A).
397
(b) The value fixed by the assessor may not be reduced by the county board of
398
equalization or by the commission.
399
(4) If the signed statement discloses property in any other county, the assessor shall file
400
the signed statement and send a [certified] copy to the assessor of each county in which the
401
property is located.
402
Section 10.
Section
59-2-908
is amended to read:
403
59-2-908. Single aggregate limitation -- Maximum levy.
404
(1) Except as provided in Subsection (2), each county shall have a single aggregate
405
limitation on the property tax levied for all purposes by the county. Except as provided in
406
Section
59-2-911
, this limitation may not exceed the maximum set forth in this section. The
407
maximum is:
408
(a) .0032 per dollar of taxable value in all counties with a total taxable value of more
409
than $100,000,000; and
410
(b) .0036 per dollar of taxable value in all counties with a total taxable value of less
411
than $100,000,000.
412
(2) (a) Beginning January 1, 1995, a county may impose a tax rate in excess of the
413
limitation provided in Subsection (1) if the rate established under Subsection (1)(a) or (b)
414
generates revenues for the county in an amount that is less than the revenues that would be
415
generated by the county under the certified tax rate established in [Subsection] Section
416
59-2-924
[(2)].
417
(b) A county meeting the requirements of Subsection (2)(a) may impose a tax rate that
418
does not exceed the certified tax rate established in [Subsection] Section
59-2-924
[(2)].
419
Section 11.
Section
59-2-913
is amended to read:
420
59-2-913. Definitions -- Statement of amount and purpose of levy -- Contents of
421
statement -- Filing with county auditor -- Transmittal to commission -- Calculations for
422
establishing tax levies -- Format of statement.
423
(1) As used in this section, "budgeted property tax revenues" does not include property
424
tax revenue received by a taxing entity from personal property that is:
425
(a) assessed by a county assessor in accordance with Part 3, County Assessment; and
426
(b) semiconductor manufacturing equipment.
427
(2) (a) The legislative body of each taxing entity shall file a statement as provided in
428
this section with the county auditor of the county in which the taxing entity is located.
429
(b) The auditor shall annually transmit the statement to the commission:
430
(i) before June 22; or
431
(ii) with the approval of the commission, on a subsequent date prior to the date
432
established under Section
59-2-1317
for mailing tax notices.
433
(c) The statement shall contain the amount and purpose of each levy fixed by the
434
legislative body of the taxing entity.
435
(3) For purposes of establishing the levy set for each of a taxing entity's applicable
436
funds, the legislative body of the taxing entity shall calculate an amount determined by dividing
437
the budgeted property tax revenues, specified in a budget which has been adopted and
438
approved prior to setting the levy, by the amount calculated under Subsections
439
59-2-924
[(2)(a)(iii)(B)(I) through (III)] (3)(c)(ii)(A) through (C).
440
(4) The format of the statement under this section shall:
441
(a) be determined by the commission; and
442
(b) cite any applicable statutory provisions that:
443
(i) require a specific levy; or
444
(ii) limit the property tax levy for any taxing entity.
445
(5) The commission may require certification that the information submitted on a
446
statement under this section is true and correct.
447
Section 12.
Section
59-2-914
is amended to read:
448
59-2-914. Excess levies -- Commission to recalculate levy -- Notice to implement
449
adjusted levies to county auditor.
450
(1) If the commission determines that a levy established for a taxing entity set under
451
Section
59-2-913
is in excess of the maximum levy permitted by law, the commission shall:
452
(a) lower the levy so that it is set at the maximum level permitted by law;
453
(b) notify the taxing entity which set the excessive rate that the rate has been lowered;
454
and
455
(c) notify the county auditor of the county or counties in which the taxing entity is
456
located to implement the rate established by the commission.
457
(2) A levy set for a taxing entity by the commission under this section shall be the
458
official levy for that taxing entity unless:
459
(a) the taxing entity lowers the levy established by the commission; or
460
(b) the levy is subsequently modified by a court order.
461
(3) (a) Subject to the provisions of Subsections (1) and (2), beginning January 1, 1995,
462
a taxing entity may impose a tax rate in excess of the maximum levy permitted by law if the
463
rate established by the taxing entity for the current year generates revenues for the taxing entity
464
in an amount that is less than the revenues that would be generated by the taxing entity under
465
the certified tax rate established in [Subsection] Section
59-2-924
[(2)].
466
(b) A taxing entity meeting the requirements of Subsection (3)(a) may impose a tax
467
rate that does not exceed the certified rate established in [Subsection] Section
59-2-924
[(2)].
468
Section 13.
Section
59-2-918
is amended to read:
469
59-2-918. Advertisement of proposed tax increase -- Notice -- Contents.
470
(1) (a) Except as provided in Subsection (1)(b), a taxing entity may not budget an
471
increased amount of ad valorem tax revenue exclusive of revenue from new growth as defined
472
in Subsection
59-2-924
[(2)](4) unless it advertises its intention to do so at the same time that it
473
advertises its intention to fix its budget for the forthcoming fiscal year.
474
(b) (i) Notwithstanding Subsection (1)(a), a taxing entity is not required to meet the
475
advertisement or hearing requirements of this section if:
476
(A) the taxing entity:
477
(I) collected less than $15,000 in ad valorem tax revenues for the previous fiscal year;
478
or
479
(II) is expressly exempted by law from complying with the requirements of this
480
section; or
481
(B) the increased amount of ad valorem tax revenue results from a tax rate increase that
482
is exempted under Subsection
59-2-919
(1)(a)(ii)(B) from the advertisement and hearing
483
requirements of Section
59-2-919
.
484
(ii) Notwithstanding Subsection (1)(a), a taxing entity is not required to meet the
485
advertisement requirements of this section if Section
53A-17a-133
allows the taxing entity to
486
budget an increased amount of ad valorem property tax revenue without having to comply with
487
the advertisement requirements of this section.
488
(2) (a) For taxing entities operating under a July 1 through June 30 fiscal year, the
489
advertisement required by this section may be combined with the advertisement required by
490
Section
59-2-919
.
491
(b) For taxing entities operating under a January 1 through December 31 fiscal year,
492
the advertisement required by this section shall meet the size, type, placement, and frequency
493
requirements established under Section
59-2-919
.
494
(3) The form of the advertisement required by this section shall meet the size, type,
495
placement, and frequency requirements established under Section
59-2-919
and shall be
496
substantially as follows:
497
"NOTICE OF PROPOSED TAX INCREASE
498
(NAME OF TAXING ENTITY)
499
The (name of the taxing entity) is proposing to increase its property tax revenue.
500
* If the proposed budget is approved, this would be an increase of _____% above
501
the (name of the taxing entity) property tax budgeted revenue for the prior year.
502
* The (name of the taxing entity) tax on a (insert the average value of a residence
503
in the taxing entity rounded to the nearest thousand dollars) residence would
504
increase from $______ to $________, which is $_______ per year.
505
* The (name of the taxing entity) tax on a (insert the value of a business having
506
the same value as the average value of a residence in the taxing entity) business
507
would increase from $________ to $_______, which is $______ per year.
508
All concerned citizens are invited to a public hearing on the tax increase.
509
PUBLIC HEARING
510
Date/Time: (date) (time)
511
Location: (name of meeting place and address of meeting place)
512
To obtain more information regarding the tax increase, citizens may contact the (name
513
of the taxing entity) at (phone number of taxing entity)."
514
(4) If a final decision regarding the budgeting of an increased amount of ad valorem tax
515
revenue is not made at the public hearing described in Subsection (3), the taxing entity shall
516
announce at the public hearing the scheduled time and place for consideration and adoption of
517
the proposed budget increase.
518
(5) (a) Each taxing entity operating under the January 1 through December 31 fiscal
519
year shall by March 1 notify the county of the date, time, and place of the public hearing at
520
which the budget for the following fiscal year will be considered.
521
(b) The county shall include the information described in Subsection (5)(a) with the tax
522
notice.
523
(6) A taxing entity shall hold a public hearing under this section beginning at or after 6
524
p.m.
525
Section 14.
Section
59-2-924
is amended to read:
526
59-2-924. Report of valuation of property to county auditor and commission --
527
Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
528
tax rate -- Rulemaking authority -- Adoption of tentative budget.
529
(1) [(a)] Before June 1 of each year, the county assessor of each county shall deliver to
530
the county auditor and the commission the following statements:
531
[(i)] (a) a statement containing the aggregate valuation of all taxable real property
531a
H. assessed by a county assessor in accordance with Part 3, County Assessment, for [
in
] .H
532
each taxing entity; and
533
[(ii)] (b) a statement containing the taxable value of [any additional] all personal
534
property H. assessed by the county assessor in accordance with Part 3, County
534a
Assessment, .H [estimated by the county assessor to be subject to taxation in the
534b
current year] from
535
the prior year end values.
536
[(b)] (2) The county auditor shall, on or before June 8, transmit to the governing body
537
of each taxing entity:
538
[(i)] (a) the statements described in Subsections (1)(a)[(i)] and [(ii)] (b);
539
[(ii)] (b) an estimate of the revenue from personal property;
540
[(iii)] (c) the certified tax rate; and
541
[(iv)] (d) all forms necessary to submit a tax levy request.
542
[(2)] (3) (a) [(i)] The "certified tax rate" means a tax rate that will provide the same ad
543
valorem property tax revenues for a taxing entity as were budgeted by that taxing entity for the
544
prior year.
545
[(ii)] (b) For purposes of this Subsection [(2), "ad] (3):
546
(i) "Ad valorem property tax revenues" do not include:
547
(A) collections from redemptions;
548
(B) interest;
549
(C) penalties; and
550
(D) revenue received by a taxing entity from personal property that is:
551
(I) assessed by a county assessor in accordance with Part 3, County Assessment; and
552
(II) semiconductor manufacturing equipment.
553
(ii) "Aggregate taxable value of all property taxed" means:
554
(A) the aggregate taxable value of all real property assessed by a county assessor in
555
accordance with Part 3, County Assessment, for the current year;
556
(B) the aggregate taxable year end value of all personal property assessed by a county
557
assessor in accordance with Part 3, County Assessment, for the prior year; and
558
(C) the aggregate taxable value of all real and personal property assessed by the
559
commission in accordance with Part 2, Assessment of Property, for the current year.
560
[(iii) (A)] (c) (i) Except as otherwise provided in this section, the certified tax rate shall
561
be calculated by dividing the ad valorem property tax revenues budgeted for the prior year by
562
the taxing entity by the amount calculated under Subsection [(2)(a)(iii)(B)] (3)(c)(ii).
563
[(B)] (ii) For purposes of Subsection [(2)(a)(iii)(A)] (3)(c)(i), the legislative body of a
564
taxing entity shall calculate an amount as follows:
565
[(I)] (A) calculate for the taxing entity the difference between:
566
[(Aa)] (I) the aggregate taxable value of all property taxed; and
567
[(Bb)] (II) any redevelopment adjustments for the current calendar year;
568
[(II)] (B) after making the calculation required by Subsection [(2)(a)(iii)(B)(I)]
569
(3)(c)(ii)(A), calculate an amount determined by increasing or decreasing the amount
570
calculated under Subsection [(2)(a)(iii)(B)(I)] (3)(c)(ii)(A) by the average of the percentage net
571
change in the value of taxable property for the equalization period for the three calendar years
572
immediately preceding the current calendar year;
573
[(III)] (C) after making the calculation required by Subsection [(2)(a)(iii)(B)(II)]
574
(3)(c)(ii)(B), calculate the product of:
575
[(Aa)] (I) the amount calculated under Subsection [(2)(a)(iii)(B)(II)] (3)(c)(ii)(B); and
576
[(Bb)] (II) the percentage of property taxes collected for the five calendar years
577
immediately preceding the current calendar year; and
578
[(IV)] (D) after making the calculation required by Subsection [(2)(a)(iii)(B)(III)]
579
(3)(c)(ii)(C), calculate an amount determined by subtracting from the amount calculated under
580
Subsection [(2)(a)(iii)(B)(III)] (3)(c)(ii)(C) any new growth as defined in this section:
581
[(Aa)] (I) within the taxing entity; and
582
[(Bb)] (II) for the following calendar year:
583
(Aa) for new growth from real property H. assessed by a county assessor in accordance
583a
with Part 3, County Assessment and all property assessed by the commission in accordance
583b
with Section 59-2-201 .H , the current calendar year[.]; and
584
(Bb) for new growth from personal property H. assessed by a county assessor in
584a
accordance with Part 3, County Assessment .H , the prior calendar year.
585
[(C)] (iii) For purposes of Subsection [(2)(a)(iii)(B)(I)] (3)(c)(ii)(A), the aggregate
586
taxable value of all property taxed:
587
[(I)] (A) except as provided in Subsection [(2)(a)(iii)(C)(II), includes the total taxable
588
value of the real and personal property contained on the tax rolls of the taxing entity; and]
589
(3)(c)(iii)(B) or (3)(c)(ii)(C), is as defined in Subsection (3)(b)(ii);
590
[(II)] (B) does not include the total taxable value of personal property contained on the
591
tax rolls of the taxing entity that is:
592
[(Aa)] (I) assessed by a county assessor in accordance with Part 3, County Assessment;
593
and
594
[(Bb)] (II) semiconductor manufacturing equipment[.]; and
595
(C) for personal property assessed by a county assessor in accordance with Part 3,
596
County Assessment, the taxable value of personal property is the year end value of the personal
597
property contained on the prior year's tax rolls of the entity.
598
[(D)] (iv) For purposes of Subsection [(2)(a)(iii)(B)(II)] (3)(c)(ii)(B), for calendar years
599
beginning on or after January 1, 2007, the value of taxable property does not include the value
600
of personal property that is:
601
[(I)] (A) within the taxing entity assessed by a county assessor in accordance with Part
602
3, County Assessment; and
603
[(II)] (B) semiconductor manufacturing equipment.
604
[(E)] (v) For purposes of Subsection [(2)(a)(iii)(B)(III)(Bb)] (3)(c)(ii)(C)(II), for
605
calendar years beginning on or after January 1, 2007, the percentage of property taxes collected
606
does not include property taxes collected from personal property that is:
607
[(I)] (A) within the taxing entity assessed by a county assessor in accordance with Part
608
3, County Assessment; and
609
[(II)] (B) semiconductor manufacturing equipment.
610
[(F)] (vi) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or
611
after January 1, 2009, the value of taxable property does not include the value of personal
612
property that is within the taxing entity assessed by a county assessor in accordance with Part 3,
613
County Assessment.
614
(vii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
615
the commission may prescribe rules for calculating redevelopment adjustments for a calendar
616
year.
617
[(iv) (A)] (d) (i) In accordance with Title 63, Chapter 46a, Utah Administrative
618
Rulemaking Act, the commission shall make rules determining the calculation of ad valorem
619
property tax revenues budgeted by a taxing entity.
620
[(B)] (ii) For purposes of Subsection [(2)(a)(iv)(A)] (3)(d)(i), ad valorem property tax
621
revenues budgeted by a taxing entity shall be calculated in the same manner as budgeted
622
property tax revenues are calculated for purposes of Section
59-2-913
.
623
[(v)] (e) The certified tax rates for the taxing entities described in this Subsection
624
[(2)(a)(v)] (3)(e) shall be calculated as follows:
625
[(A)] (i) except as provided in Subsection [(2)(a)(v)(B)] (3)(e)(ii), for new taxing
626
entities the certified tax rate is zero;
627
[(B)] (ii) for each municipality incorporated on or after July 1, 1996, the certified tax
628
rate is:
629
[(I)] (A) in a county of the first, second, or third class, the levy imposed for
630
municipal-type services under Sections
17-34-1
and
17-36-9
; and
631
[(II)] (B) in a county of the fourth, fifth, or sixth class, the levy imposed for general
632
county purposes and such other levies imposed solely for the municipal-type services identified
633
in Section
17-34-1
and Subsection
17-36-3
(22); and
634
[(C)] (iii) for debt service voted on by the public, the certified tax rate shall be the
635
actual levy imposed by that section, except that the certified tax rates for the following levies
636
shall be calculated in accordance with Section
59-2-913
and this section:
637
[(I)] (A) school leeways provided for under Sections
11-2-7
,
53A-16-110
,
638
53A-17a-125
,
53A-17a-127
,
53A-17a-133
,
53A-17a-134
,
53A-17a-143
,
53A-17a-145
, and
639
53A-21-103
; and
640
[(II)] (B) levies to pay for the costs of state legislative mandates or judicial or
641
administrative orders under Section
59-2-906.3
.
642
[(vi) (A)] (f) (i) A judgment levy imposed under Section
59-2-1328
or
59-2-1330
shall
643
be established at that rate which is sufficient to generate only the revenue required to satisfy
644
one or more eligible judgments, as defined in Section
59-2-102
.
645
[(B)] (ii) The ad valorem property tax revenue generated by the judgment levy shall not
646
be considered in establishing the taxing entity's aggregate certified tax rate.
647
[(b) (i)] (4) (a) For the purpose of calculating the certified tax rate, the county auditor
648
shall use:
649
(i) the taxable value of real property assessed by a county assessor contained on the
650
assessment roll[.];
651
(ii) the taxable value of real and personal property assessed by the commission; and
652
(iii) the taxable year end value of personal property assessed by a county assessor
653
contained on the prior year's assessment roll.
654
[(ii)] (b) For purposes of Subsection [(2)(b)(i)] (4)(a)(i), the taxable value of real
655
property on the assessment roll does not include[: (A)] new growth as defined in Subsection
656
[(2)(b)(iii); or] (4)(c).
657
[(B) the total taxable value of personal property contained on the tax rolls of the taxing
658
entity that is:]
659
[(I) assessed by a county assessor in accordance with Part 3, County Assessment; and]
660
[(II) semiconductor manufacturing equipment.]
661
[(iii)] (c) "New growth" means:
662
[(A)] (i) the difference between the increase in taxable value of the following property
663
of the taxing entity from the previous calendar year to the current year[;]:
664
(A) real property assessed by a county assessor in accordance with Part 3, County
665
Assessment; and
666
(B) property assessed by the commission under Section
59-2-201
; plus
667
(ii) the difference between the increase in taxable year end value of personal property
668
of the taxing entity from the year prior to the previous calendar year to the previous calendar
669
year; minus
670
[(B)] (iii) the amount of an increase in taxable value described in Subsection
671
[(2)(b)(v)] (4)(e).
672
[(iv)] (d) For purposes of Subsection [(2)(b)(iii)] (4)(c)(ii), the taxable value of
673
personal property of the taxing entity does not include the taxable value of personal property
674
that is:
675
[(A)] (i) contained on the tax rolls of the taxing entity if that property is assessed by a
676
county assessor in accordance with Part 3, County Assessment; and
677
[(B)] (ii) semiconductor manufacturing equipment.
678
[(v)] (e) Subsection [(2)(b)(iii)(B)] (4)(c)(iii) applies to the following increases in
679
taxable value:
680
[(A)] (i) the amount of increase to locally assessed real property taxable values
681
resulting from factoring, reappraisal, or any other adjustments; or
682
[(B)] (ii) the amount of an increase in the taxable value of property assessed by the
683
commission under Section
59-2-201
resulting from a change in the method of apportioning the
684
taxable value prescribed by:
685
[(I)] (A) the Legislature;
686
[(II)] (B) a court;
687
[(III)] (C) the commission in an administrative rule; or
688
[(IV)] (D) the commission in an administrative order.
689
(f) For purposes of Subsection (4)(a)(ii), the taxable year end value of personal
690
property on the prior year's assessment roll does not include:
691
(i) new growth as defined in Subsection (4)(c); or
692
(ii) the total taxable year end value of personal property contained on the prior year's
693
tax rolls of the taxing entity that is:
694
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
695
(B) semiconductor manufacturing equipment.
696
[(c) Beginning January 1, 1997, if a taxing entity receives increased revenues from
697
uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
698
59-2-405.2
, or
59-2-405.3
as a result of any county imposing a sales and use tax under Chapter
699
12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
700
rate to offset the increased revenues.]
701
[(d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under
702
Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:]
703
[(A) decreased on a one-time basis by the amount of the estimated sales and use tax
704
revenue to be distributed to the county under Subsection
59-12-1102
(3); and]
705
[(B) increased by the amount necessary to offset the county's reduction in revenue
706
from uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
707
59-2-405.2
, or
59-2-405.3
as a result of the decrease in the certified tax rate under Subsection
708
(2)(d)(i)(A).]
709
[(ii) The commission shall determine estimates of sales and use tax distributions for
710
purposes of Subsection (2)(d)(i).]
711
[(e) Beginning January 1, 1998, if a municipality has imposed an additional resort
712
communities sales tax under Section
59-12-402
, the municipality's certified tax rate shall be
713
decreased on a one-time basis by the amount necessary to offset the first 12 months of
714
estimated revenue from the additional resort communities sales and use tax imposed under
715
Section
59-12-402
.]
716
[(f) (i) (A) For fiscal year 2000, the certified tax rate of each county required under
717
Subsection
17-34-1
(4)(a) to provide advanced life support and paramedic services to the
718
unincorporated area of the county shall be decreased by the amount necessary to reduce
719
revenues in that fiscal year by an amount equal to the difference between the amount the county
720
budgeted in its 2000 fiscal year budget for advanced life support and paramedic services
721
countywide and the amount the county spent during fiscal year 2000 for those services,
722
excluding amounts spent from a municipal services fund for those services.]
723
[(B) For fiscal year 2001, the certified tax rate of each county to which Subsection
724
(2)(f)(i)(A) applies shall be decreased by the amount necessary to reduce revenues in that fiscal
725
year by the amount that the county spent during fiscal year 2000 for advanced life support and
726
paramedic services countywide, excluding amounts spent from a municipal services fund for
727
those services.]
728
[(ii) (A) A city or town located within a county of the first class to which Subsection
729
(2)(f)(i) applies may increase its certified tax rate by the amount necessary to generate within
730
the city or town the same amount of revenues as the county would collect from that city or
731
town if the decrease under Subsection (2)(f)(i) did not occur.]
732
[(B) An increase under Subsection (2)(f)(ii)(A), whether occurring in a single fiscal
733
year or spread over multiple fiscal years, is not subject to the notice and hearing requirements
734
of Sections
59-2-918
and
59-2-919
.]
735
[(g) (i) The certified tax rate of each county required under Subsection
17-34-1
(4)(b) to
736
provide detective investigative services to the unincorporated area of the county shall be
737
decreased:]
738
[(A) in fiscal year 2001 by the amount necessary to reduce revenues in that fiscal year
739
by at least $4,400,000; and]
740
[(B) in fiscal year 2002 by the amount necessary to reduce revenues in that fiscal year
741
by an amount equal to the difference between $9,258,412 and the amount of the reduction in
742
revenues under Subsection (2)(g)(i)(A).]
743
[(ii) (A) (I) Beginning with municipal fiscal year 2002, a city or town located within a
744
county to which Subsection (2)(g)(i) applies may increase its certified tax rate to generate
745
within the city or town the same amount of revenue as the county would have collected during
746
county fiscal year 2001 from within the city or town except for Subsection (2)(g)(i)(A).]
747
[(II) Beginning with municipal fiscal year 2003, a city or town located within a county
748
to which Subsection (2)(g)(i) applies may increase its certified tax rate to generate within the
749
city or town the same amount of revenue as the county would have collected during county
750
fiscal year 2002 from within the city or town except for Subsection (2)(g)(i)(B).]
751
[(B) (I) Except as provided in Subsection (2)(g)(ii)(B)(II), an increase in the city or
752
town's certified tax rate under Subsection (2)(g)(ii)(A), whether occurring in a single fiscal year
753
or spread over multiple fiscal years, is subject to the notice and hearing requirements of
754
Sections
59-2-918
and
59-2-919
.]
755
[(II) For an increase under this Subsection (2)(g)(ii) that generates revenue that does
756
not exceed the same amount of revenue as the county would have collected except for
757
Subsection (2)(g)(i), the requirements of Sections
59-2-918
and
59-2-919
do not apply if the
758
city or town:]
759
[(Aa) publishes a notice that meets the size, type, placement, and frequency
760
requirements of Section
59-2-919
, reflects that the increase is a shift of a tax from one imposed
761
by the county to one imposed by the city or town, and explains how the revenues from the tax
762
increase will be used; and]
763
[(Bb) holds a public hearing on the tax shift that may be held in conjunction with the
764
city or town's regular budget hearing.]
765
[(h) (i) This Subsection (2)(h) applies to each county that:]
766
[(A) establishes a countywide special service district under Title 17A, Chapter 2, Part
767
13, Utah Special Service District Act, to provide jail service, as provided in Subsection
768
17A-2-1304
(1)(a)(x); and]
769
[(B) levies a property tax on behalf of the special service district under Section
770
17A-2-1322
.]
771
[(ii) (A) The certified tax rate of each county to which this Subsection (2)(h) applies
772
shall be decreased by the amount necessary to reduce county revenues by the same amount of
773
revenues that will be generated by the property tax imposed on behalf of the special service
774
district.]
775
[(B) Each decrease under Subsection (2)(h)(ii)(A) shall occur contemporaneously with
776
the levy on behalf of the special service district under Section
17A-2-1322
.]
777
[(i) (i) As used in this Subsection (2)(i):]
778
[(A) "Annexing county" means a county whose unincorporated area is included within
779
a fire district by annexation.]
780
[(B) "Annexing municipality" means a municipality whose area is included within a
781
fire district by annexation.]
782
[(C) "Equalized fire protection tax rate" means the tax rate that results from:]
783
[(I) calculating, for each participating county and each participating municipality, the
784
property tax revenue necessary to cover all of the costs associated with providing fire
785
protection, paramedic, and emergency services:]
786
[(Aa) for a participating county, in the unincorporated area of the county; and]
787
[(Bb) for a participating municipality, in the municipality; and]
788
[(II) adding all the amounts calculated under Subsection (2)(i)(i)(C)(I) for all
789
participating counties and all participating municipalities and then dividing that sum by the
790
aggregate taxable value of the property, as adjusted in accordance with Section
59-2-913
:]
791
[(Aa) for participating counties, in the unincorporated area of all participating counties;
792
and]
793
[(Bb) for participating municipalities, in all the participating municipalities.]
794
[(D) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
795
Area Act, in the creation of which an election was not required under Subsection
796
17B-1-214
(3)(c).]
797
[(E) "Fire protection tax rate" means:]
798
[(I) for an annexing county, the property tax rate that, when applied to taxable property
799
in the unincorporated area of the county, generates enough property tax revenue to cover all the
800
costs associated with providing fire protection, paramedic, and emergency services in the
801
unincorporated area of the county; and]
802
[(II) for an annexing municipality, the property tax rate that generates enough property
803
tax revenue in the municipality to cover all the costs associated with providing fire protection,
804
paramedic, and emergency services in the municipality.]
805
[(F) "Participating county" means a county whose unincorporated area is included
806
within a fire district at the time of the creation of the fire district.]
807
[(G) "Participating municipality" means a municipality whose area is included within a
808
fire district at the time of the creation of the fire district.]
809
[(ii) In the first year following creation of a fire district, the certified tax rate of each
810
participating county and each participating municipality shall be decreased by the amount of
811
the equalized fire protection tax rate.]
812
[(iii) In the first year following annexation to a fire district, the certified tax rate of each
813
annexing county and each annexing municipality shall be decreased by the fire protection tax
814
rate.]
815
[(iv) Each tax levied under this section by a fire district shall be considered to be levied
816
by:]
817
[(A) each participating county and each annexing county for purposes of the county's
818
tax limitation under Section
59-2-908
; and]
819
[(B) each participating municipality and each annexing municipality for purposes of
820
the municipality's tax limitation under Section
10-5-112
, for a town, or Section
10-6-133
, for a
821
city.]
822
[(j) For the calendar year beginning on January 1, 2007, the calculation of a taxing
823
entity's certified tax rate shall be adjusted by the amount necessary to offset any change in the
824
certified tax rate that may result from excluding the following from the certified tax rate under
825
Subsection (2)(a) enacted by the Legislature during the 2007 General Session:]
826
[(i) personal property tax revenue:]
827
[(A) received by a taxing entity;]
828
[(B) assessed by a county assessor in accordance with Part 3, County Assessment; and]
829
[(C) for personal property that is semiconductor manufacturing equipment; or]
830
[(ii) the taxable value of personal property:]
831
[(A) contained on the tax rolls of a taxing entity;]
832
[(B) assessed by a county assessor in accordance with Part 3, County Assessment; and]
833
[(C) that is semiconductor manufacturing equipment.]
834
[(3)] (5) (a) On or before June 22, each taxing entity shall annually adopt a tentative
835
budget.
836
(b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
837
auditor of:
838
(i) its intent to exceed the certified tax rate; and
839
(ii) the amount by which it proposes to exceed the certified tax rate.
840
(c) The county auditor shall notify all property owners of any intent to exceed the
841
certified tax rate in accordance with Subsection
59-2-919
(2).
842
[(4) (a) The taxable value for the base year under Subsection
17C-1-102
(6) shall be
843
reduced for any year to the extent necessary to provide a community development and renewal
844
agency established under Title 17C, Limited Purpose Local Government Entities - Community
845
Development and Renewal Agencies, with approximately the same amount of money the
846
agency would have received without a reduction in the county's certified tax rate if:]
847
[(i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or
848
(2)(d)(i);]
849
[(ii) the amount of the decrease is more than 20% of the county's certified tax rate of
850
the previous year; and]
851
[(iii) the decrease results in a reduction of the amount to be paid to the agency under
852
Section
17C-1-403
or
17C-1-404
.]
853
[(b) The base taxable value under Subsection
17C-1-102
(6) shall be increased in any
854
year to the extent necessary to provide a community development and renewal agency with
855
approximately the same amount of money as the agency would have received without an
856
increase in the certified tax rate that year if:]
857
[(i) in that year the base taxable value under Subsection
17C-1-102
(6) is reduced due to
858
a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i); and]
859
[(ii) The certified tax rate of a city, school district, local district, or special service
860
district increases independent of the adjustment to the taxable value of the base year.]
861
[(c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or
862
(2)(d)(i), the amount of money allocated and, when collected, paid each year to a community
863
development and renewal agency established under Title 17C, Limited Purpose Local
864
Government Entities - Community Development and Renewal Agencies, for the payment of
865
bonds or other contract indebtedness, but not for administrative costs, may not be less than that
866
amount would have been without a decrease in the certified tax rate under Subsection (2)(c) or
867
(2)(d)(i).]
868
Section 15.
Section
59-2-924.2
is enacted to read:
869
59-2-924.2. Adjustments to the calculation of a taxing entity's certified tax rate.
870
(1) For purposes of this section, "certified tax rate" means a certified tax rate calculated
871
in accordance with Section
59-2-924
.
872
(2) Beginning January 1, 1997, if a taxing entity receives increased revenues from
873
uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
874
59-2-405.2
, or
59-2-405.3
as a result of any county imposing a sales and use tax under Chapter
875
12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
876
rate to offset the increased revenues.
877
(3) (a) Beginning July 1, 1997, if a county has imposed a sales and use tax under
878
Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
879
(i) decreased on a one-time basis by the amount of the estimated sales and use tax
880
revenue to be distributed to the county under Subsection
59-12-1102
(3); and
881
(ii) increased by the amount necessary to offset the county's reduction in revenue from
882
uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
883
59-2-405.2
, or
59-2-405.3
as a result of the decrease in the certified tax rate under Subsection
884
(3)(a)(i).
885
(b) The commission shall determine estimates of sales and use tax distributions for
886
purposes of Subsection (3)(a).
887
(4) Beginning January 1, 1998, if a municipality has imposed an additional resort
888
communities sales tax under Section
59-12-402
, the municipality's certified tax rate shall be
889
decreased on a one-time basis by the amount necessary to offset the first 12 months of
890
estimated revenue from the additional resort communities sales and use tax imposed under
891
Section
59-12-402
.
892
(5) (a) This Subsection (5) applies to each county that:
893
(i) establishes a countywide special service district under Title 17A, Chapter 2, Part 13,
894
Utah Special Service District Act, to provide jail service, as provided in Subsection
895
17A-2-1304
(1)(a)(x); and
896
(ii) levies a property tax on behalf of the special service district under Section
897
17A-2-1322
.
898
(b) (i) The certified tax rate of each county to which this Subsection (5) applies shall be
899
decreased by the amount necessary to reduce county revenues by the same amount of revenues
900
that will be generated by the property tax imposed on behalf of the special service district.
901
(ii) Each decrease under Subsection (5)(b)(i) shall occur contemporaneously with the
902
levy on behalf of the special service district under Section
17A-2-1322
.
903
(6) (a) As used in this Subsection (6):
904
(i) "Annexing county" means a county whose unincorporated area is included within a
905
fire district by annexation.
906
(ii) "Annexing municipality" means a municipality whose area is included within a fire
907
district by annexation.
908
(iii) "Equalized fire protection tax rate" means the tax rate that results from:
909
(A) calculating, for each participating county and each participating municipality, the
910
property tax revenue necessary to cover all of the costs associated with providing fire
911
protection, paramedic, and emergency services:
912
(I) for a participating county, in the unincorporated area of the county; and
913
(II) for a participating municipality, in the municipality; and
914
(B) adding all the amounts calculated under Subsection (6)(a)(iii)(A) for all
915
participating counties and all participating municipalities and then dividing that sum by the
916
aggregate taxable value of the property, as adjusted in accordance with Section
59-2-913
:
917
(I) for participating counties, in the unincorporated area of all participating counties;
918
and
919
(II) for participating municipalities, in all the participating municipalities.
920
(iv) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
921
Area Act, in the creation of which an election was not required under Subsection
922
17B-1-214
(3)(c).
923
(v) "Fire protection tax rate" means:
924
(A) for an annexing county, the property tax rate that, when applied to taxable property
925
in the unincorporated area of the county, generates enough property tax revenue to cover all the
926
costs associated with providing fire protection, paramedic, and emergency services in the
927
unincorporated area of the county; and
928
(B) for an annexing municipality, the property tax rate that generates enough property
929
tax revenue in the municipality to cover all the costs associated with providing fire protection,
930
paramedic, and emergency services in the municipality.
931
(vi) "Participating county" means a county whose unincorporated area is included
932
within a fire district at the time of the creation of the fire district.
933
(vii) "Participating municipality" means a municipality whose area is included within a
934
fire district at the time of the creation of the fire district.
935
(b) In the first year following creation of a fire district, the certified tax rate of each
936
participating county and each participating municipality shall be decreased by the amount of
937
the equalized fire protection tax rate.
938
(c) In the first year following annexation to a fire district, the certified tax rate of each
939
annexing county and each annexing municipality shall be decreased by the fire protection tax
940
rate.
941
(d) Each tax levied under this section by a fire district shall be considered to be levied
942
by:
943
(i) each participating county and each annexing county for purposes of the county's tax
944
limitation under Section
59-2-908
; and
945
(ii) each participating municipality and each annexing municipality for purposes of the
946
municipality's tax limitation under Section
10-5-112
, for a town, or Section
10-6-133
, for a
947
city.
948
(7) For the calendar year beginning on January 1, 2007, the calculation of a taxing
949
entity's certified tax rate, calculated in accordance with Section
59-2-924
, shall be adjusted by
950
the amount necessary to offset any change in the certified tax rate that may result from
951
excluding the following from the certified tax rate under Subsection
59-2-924
(3) enacted by the
952
Legislature during the 2007 General Session:
953
(a) personal property tax revenue:
954
(i) received by a taxing entity;
955
(ii) assessed by a county assessor in accordance with Part 3, County Assessment; and
956
(iii) for personal property that is semiconductor manufacturing equipment; or
957
(b) the taxable value of personal property:
958
(i) contained on the tax rolls of a taxing entity;
959
(ii) assessed by a county assessor in accordance with Part 3, County Assessment; and
960
(iii) that is semiconductor manufacturing equipment.
961
(8) (a) The taxable value for the base year under Subsection
17C-1-102
(6) shall be
962
reduced for any year to the extent necessary to provide a community development and renewal
963
agency established under Title 17C, Limited Purpose Local Government Entities - Community
964
Development and Renewal Agencies, with approximately the same amount of money the
965
agency would have received without a reduction in the county's certified tax rate, calculated in
966
accordance with Section
59-2-924
, if:
967
(i) in that year there is a decrease in the certified tax rate under Subsection (2) or (3)(a);
968
(ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
969
previous year; and
970
(iii) the decrease results in a reduction of the amount to be paid to the agency under
971
Section
17C-1-403
or
17C-1-404
.
972
(b) The base taxable value under Subsection
17C-1-102
(6) shall be increased in any
973
year to the extent necessary to provide a community development and renewal agency with
974
approximately the same amount of money as the agency would have received without an
975
increase in the certified tax rate that year if:
976
(i) in that year the base taxable value under Subsection
17C-1-102
(6) is reduced due to
977
a decrease in the certified tax rate under Subsection (2) or (3)(a); and
978
(ii) the certified tax rate of a city, school district, local district, or special service
979
district increases independent of the adjustment to the taxable value of the base year.
980
(c) Notwithstanding a decrease in the certified tax rate under Subsection (2) or (3)(a),
981
the amount of money allocated and, when collected, paid each year to a community
982
development and renewal agency established under Title 17C, Limited Purpose Local
983
Government Entities - Community Development and Renewal Agencies, for the payment of
984
bonds or other contract indebtedness, but not for administrative costs, may not be less than that
985
amount would have been without a decrease in the certified tax rate under Subsection (2) or
986
(3)(a).
987
Section 16.
Section
59-2-1115
is amended to read:
988
59-2-1115. Exemption of certain tangible personal property.
989
(1) For purposes of this section:
990
(a) (i) "Acquisition cost" means all costs required to put an item of tangible personal
991
property into service; and
992
(ii) includes:
993
(A) the purchase price for a new or used item;
994
(B) the cost of freight and shipping;
995
(C) the cost of installation, engineering, erection, or assembly; and
996
(D) sales and use taxes.
997
(b) (i) "Item of taxable tangible personal property" does not include an improvement to
998
real property or a part that will become an improvement.
999
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1000
the commission may make rules defining the term "item of taxable tangible personal property."
1001
(c) (i) "Taxable tangible personal property" means tangible personal property that is
1002
subject to taxation under this chapter.
1003
(ii) "Taxable tangible personal property" does not include:
1004
(A) tangible personal property required by law to be registered with the state before it
1005
is used:
1006
(I) on a public highway;
1007
(II) on a public waterway;
1008
(III) on public land; or
1009
(IV) in the air;
1010
(B) a mobile home as defined in Section
41-1a-102
; or
1011
(C) a manufactured home as defined in Section
41-1a-102
.
1012
[(1)] (2) (a) The taxable tangible personal property of a taxpayer is exempt from
1013
taxation if the taxable tangible personal property has a total aggregate fair market value per
1014
county of $3,500 or less.
1015
[(b) For purposes of this section, "taxable tangible personal property" does not
1016
include:]
1017
[(i) tangible personal property required by law to be registered with the state before it is
1018
used:]
1019
[(A) on a public highway;]
1020
[(B) on a public waterway;]
1021
[(C) on public land; or]
1022
[(D) in the air;]
1023
[(ii) a mobile home as defined in Section
41-1a-102
; or]
1024
[(iii) a manufactured home as defined in Section
41-1a-102
.]
1025
(b) An item of taxable tangible personal property is exempt from taxation if the item of
1026
taxable tangible personal property:
1027
(i) has an acquisition cost of H. [
$5,000
] $1,000 .H or less;
1028
(ii) has reached a percent good of 15% or less according to a personal property
1029
schedule:
1030
(A) published by the commission pursuant to Section
59-2-107
; or
1031
(B) for an item of personal property that is designated as expensed personal property in
1032
accordance with Section
59-2-108
, described in Section
59-2-108
; and
1033
(iii) is in a personal property schedule with a residual value of 15% or less.
1034
[(2)] (3) (a) For calendar years beginning on or after January 1, 2008, the commission
1035
shall increase the dollar amount described in Subsection [(1)] (2)(a):
1036
(i) by a percentage equal to the percentage difference between the consumer price
1037
index for the preceding calendar year and the consumer price index for calendar year 2006[.];
1038
and
1039
(ii) up to the nearest $100 increment.
1040
(b) For purposes of this Subsection [(2)](3), the commission shall calculate the
1041
consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
1042
(c) If the percentage difference under Subsection [(2)](3)(a)(i) is zero or a negative
1043
percentage, the consumer price index increase for the year is zero.
1044
[(3)] (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
1045
Act, the commission may make rules to administer this section and provide for uniform
1046
implementation.
1047
Section 17.
Section
59-2-1302
is amended to read:
1048
59-2-1302. Assessor or treasurer's duties -- Collection of uniform fees and taxes
1049
on personal property -- Unpaid tax or unpaid uniform fee is a lien -- Delinquency interest
1050
-- Rate.
1051
(1) After the assessor assesses taxes or uniform fees on personal property, the assessor
1052
or, if this duty has been reassigned in an ordinance under Section
17-16-5.5
, the treasurer shall:
1053
(a) list the personal property tax or uniform fee as provided in Subsection (3) with the
1054
real property of the owner in the manner required by law if the assessor or treasurer, as the case
1055
may be, determines that the real property is sufficient to secure the payment of the personal
1056
property taxes or uniform fees;
1057
(b) immediately collect the taxes or uniform fees due on the personal property; or
1058
(c) on or before the day on which the tax or uniform fee on personal property is due,
1059
obtain from the taxpayer a bond that is:
1060
(i) payable to the county in an amount equal to the amount of the tax or uniform fee
1061
due, plus 20% of the amount of the tax or uniform fee due; and
1062
(ii) conditioned for the payment of the tax or uniform fee on or before November 30.
1063
(2) (a) An unpaid tax as defined in Section
59-1-705
, or unpaid uniform fee upon
1064
personal property listed with the real property is a lien upon the owner's real property as of 12
1065
o'clock noon of January 1 of each year.
1066
(b) An unpaid tax as defined in Section
59-1-705
, or unpaid uniform fee upon personal
1067
property not listed with the real property is a lien upon the owner's personal property as of 12
1068
o'clock noon of January 1 of each year.
1069
(3) The assessor or treasurer, as the case may be, shall make the listing under this
1070
section:
1071
(a) on the record of assessment of the real property; or
1072
(b) by entering a reference showing the record of the assessment of the personal
1073
property on the record of assessment of the real property.
1074
(4) (a) The amount of tax or uniform fee assessed upon personal property is delinquent
1075
if the tax or uniform fee is not paid [within 30 days after] on the day on which the tax notice or
1076
the combined signed statement and tax notice [due] under Section
59-2-306
is [mailed] due.
1077
(b) Delinquent taxes or uniform fees under Subsection (4)(a) shall bear interest from
1078
the date of delinquency until the day on which the delinquent tax or uniform fee is paid at an
1079
interest rate equal to the sum of:
1080
(i) 6%; and
1081
(ii) the federal funds rate target:
1082
(A) established by the Federal Open Markets Committee; and
1083
(B) that exists on the January 1 immediately preceding the date of delinquency.
1084
(5) A county assessor or treasurer shall deposit all collections of public funds from a
1085
personal property tax or personal property uniform fee no later than once every seven banking
1086
days with:
1087
(a) the state treasurer; or
1088
(b) a qualified depository for the credit of the county.
1089
Section 18.
Section
59-2-1330
is amended to read:
1090
59-2-1330. Payment of property taxes -- Payments to taxpayer by state or taxing
1091
entity -- Refund of penalties paid by taxpayer -- Refund of interest paid by taxpayer --
1092
Payment of interest to taxpayer -- Judgment levy -- Objections to assessments by the
1093
commission -- Time periods for making payments to taxpayer.
1094
(1) Unless otherwise specifically provided by statute, property taxes shall be paid
1095
directly to the county assessor or the county treasurer:
1096
(a) on the date that the property taxes are due; and
1097
(b) as provided in this chapter.
1098
(2) A taxpayer shall receive payment as provided in this section if a reduction in the
1099
amount of any tax levied against any property for which the taxpayer paid a tax or any portion
1100
of a tax under this chapter for a calendar year is required by a final and unappealable judgment
1101
or order described in Subsection (3) issued by:
1102
(a) a county board of equalization;
1103
(b) the commission; or
1104
(c) a court of competent jurisdiction.
1105
(3) (a) For purposes of Subsection (2), the state or any taxing entity that has received
1106
property taxes or any portion of property taxes from a taxpayer described in Subsection (2)
1107
shall pay the taxpayer if:
1108
(i) the taxes the taxpayer paid in accordance with Subsection (2) are collected by an
1109
authorized officer of the:
1110
(A) county; or
1111
(B) state;
1112
(ii) the taxpayer obtains a final and unappealable judgment or order:
1113
(A) from:
1114
(I) a county board of equalization;
1115
(II) the commission; or
1116
(III) a court of competent jurisdiction;
1117
(B) against:
1118
(I) the taxing entity or an authorized officer of the taxing entity; or
1119
(II) the state or an authorized officer of the state; and
1120
(C) ordering a reduction in the amount of any tax levied against any property for which
1121
a taxpayer paid a tax or any portion of a tax under this chapter for the calendar year.
1122
(b) The amount that the state or a taxing entity shall pay a taxpayer shall be determined
1123
in accordance with Subsections (4) through (7).
1124
(4) For purposes of Subsections (2) and (3), the amount the state shall pay to a taxpayer
1125
is equal to the sum of:
1126
(a) if the difference described in this Subsection (4)(a) is greater than $0, the difference
1127
between:
1128
(i) the tax the taxpayer paid to the state in accordance with Subsection (2); and
1129
(ii) the amount of the taxpayer's tax liability to the state after the reduction in the
1130
amount of tax levied against the property in accordance with the final and unappealable
1131
judgment or order described in Subsection (3);
1132
(b) if the difference described in this Subsection (4)(b) is greater than $0, the difference
1133
between:
1134
(i) any penalties the taxpayer paid to the state in accordance with Section
59-2-1331
;
1135
and
1136
(ii) the amount of penalties the taxpayer is liable to pay to the state in accordance with
1137
Section
59-2-1331
after the reduction in the amount of tax levied against the property in
1138
accordance with the final and unappealable judgment or order described in Subsection (3);
1139
(c) as provided in Subsection (6)(a), interest the taxpayer paid in accordance with
1140
Section
59-2-1331
on the amounts described in Subsections (4)(a) and (4)(b); and
1141
(d) as provided in Subsection (6)(b), interest on the sum of the amounts described in:
1142
(i) Subsection (4)(a);
1143
(ii) Subsection (4)(b); and
1144
(iii) Subsection (4)(c).
1145
(5) For purposes of Subsections (2) and (3), the amount a taxing entity shall pay to a
1146
taxpayer is equal to the sum of:
1147
(a) if the difference described in this Subsection (5)(a) is greater than $0, the difference
1148
between:
1149
(i) the tax the taxpayer paid to the taxing entity in accordance with Subsection (2); and
1150
(ii) the amount of the taxpayer's tax liability to the taxing entity after the reduction in
1151
the amount of tax levied against the property in accordance with the final and unappealable
1152
judgment or order described in Subsection (3);
1153
(b) if the difference described in this Subsection (5)(b) is greater than $0, the difference
1154
between:
1155
(i) any penalties the taxpayer paid to the taxing entity in accordance with Section
1156
59-2-1331
; and
1157
(ii) the amount of penalties the taxpayer is liable to pay to the taxing entity in
1158
accordance with Section
59-2-1331
after the reduction in the amount of tax levied against the
1159
property in accordance with the final and unappealable judgment or order described in
1160
Subsection (3); and
1161
(c) as provided in Subsection (6)(a), interest the taxpayer paid in accordance with
1162
Section
59-2-1331
on the amounts described in Subsections (5)(a) and (5)(b); and
1163
(d) as provided in Subsection (6)(b), interest on the sum of the amounts described in:
1164
(i) Subsection (5)(a);
1165
(ii) Subsection (5)(b); and
1166
(iii) Subsection (5)(c).
1167
(6) Except as provided in Subsection (7):
1168
(a) interest shall be refunded to a taxpayer on the amount described in Subsection
1169
(4)(c) or (5)(c) in an amount equal to the amount of interest the taxpayer paid in accordance
1170
with Section
59-2-1331
; and
1171
(b) interest shall be paid to a taxpayer on the amount described in Subsection (4)(d) or
1172
(5)(d):
1173
(i) beginning on the later of:
1174
(A) the day on which the taxpayer paid the tax in accordance with Subsection (2); or
1175
(B) January 1 of the calendar year immediately following the calendar year for which
1176
the tax was due;
1177
(ii) ending on the day on which the state or a taxing entity pays to the taxpayer the
1178
amount required by Subsection (4) or (5); and
1179
(iii) at the interest rate earned by the state treasurer on public funds transferred to the
1180
state treasurer in accordance with Section 51-7-5.
1181
(7) Notwithstanding Subsection (6):
1182
(a) the state may not pay or refund interest to a taxpayer under Subsection (6) on any
1183
tax the taxpayer paid in accordance with Subsection (2) that exceeds the amount of tax levied
1184
by the state for that calendar year as stated on the notice required by Section
59-2-1317
; and
1185
(b) a taxing entity may not pay or refund interest to a taxpayer under Subsection (6) on
1186
any tax the taxpayer paid in accordance with Subsection (2) that exceeds the amount of tax
1187
levied by the taxing entity for that calendar year as stated on the notice required by Section
1188
59-2-1317.
1189
(8) (a) Each taxing entity may levy a tax to pay its share of the final and unappealable
1190
judgment or order described in Subsection (3) if:
1191
(i) the final and unappealable judgment or order is issued no later than 15 days prior to
1192
the date the levy is set under Subsection
59-2-924[(2)](3)
(a);
1193
(ii) the amount of the judgment levy is included on the notice under Section
59-2-919
;
1194
and
1195
(iii) the final and unappealable judgment or order is an eligible judgment, as defined in
1196
Section
59-2-102
.
1197
(b) The levy under Subsection (8)(a) is in addition to, and exempt from, the maximum
1198
levy established for the taxing entity.
1199
(9) (a) A taxpayer that objects to the assessment of property assessed by the
1200
commission shall pay, on or before the date of delinquency established under Subsection
1201
59-2-1331
(1) or Section
59-2-1332
, the full amount of taxes stated on the notice required by
1202
Section
59-2-1317
if:
1203
(i) the taxpayer has applied to the commission for a hearing in accordance with Section
1204
59-2-1007
on the objection to the assessment; and
1205
(ii) the commission has not issued a written decision on the objection to the assessment
1206
in accordance with Section
59-2-1007
.
1207
(b) A taxpayer that pays the full amount of taxes due under Subsection (9)(a) is not
1208
required to pay penalties or interest on an assessment described in Subsection (9)(a) unless:
1209
(i) a final and unappealable judgment or order establishing that the property described
1210
in Subsection (9)(a) has a value greater than the value stated on the notice required by Section
1211
59-2-1317
is issued by:
1212
(A) the commission; or
1213
(B) a court of competent jurisdiction; and
1214
(ii) the taxpayer fails to pay the additional tax liability resulting from the final and
1215
unappealable judgment or order described in Subsection (9)(b)(i) within a 45-day period after
1216
the county bills the taxpayer for the additional tax liability.
1217
(10) (a) Except as provided in Subsection (10)(b), a payment that is required by this
1218
section shall be paid to a taxpayer:
1219
(i) within 60 days after the day on which the final and unappealable judgment or order
1220
is issued in accordance with Subsection (3); or
1221
(ii) if a judgment levy is imposed in accordance with Subsection (8):
1222
(A) if the payment to the taxpayer required by this section is $5,000 or more, no later
1223
than December 31 of the year in which the judgment levy is imposed; and
1224
(B) if the payment to the taxpayer required by this section is less than $5,000, within
1225
60 days after the date the final and unappealable judgment or order is issued in accordance with
1226
Subsection (3).
1227
(b) Notwithstanding Subsection (10)(a), a taxpayer may enter into an agreement:
1228
(i) that establishes a time period other than a time period described in Subsection
1229
(10)(a) for making a payment to the taxpayer that is required by this section; and
1230
(ii) with:
1231
(A) an authorized officer of a taxing entity for a tax imposed by a taxing entity; or
1232
(B) an authorized officer of the state for a tax imposed by the state.
1233
Section 19. Effective date.
1234
This bill takes effect on January 1, 2009.
[Bill Documents][Bills Directory]