1     
PROPERTY TAX REVISIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Matthew H. Gwynn

6     

7     LONG TITLE
8     Committee Note:
9          The Revenue and Taxation Interim Committee recommended this bill.
10               Legislative Vote:     15 voting for     0 voting against     4 absent
11     General Description:
12          This bill modifies provisions of the Property Tax Act.
13     Highlighted Provisions:
14          This bill:
15          ▸     addresses the deadline to file an application to apply a residential exemption to the
16     value of a part-year residential property; and
17          ▸     upon a showing of reasonable cause, allows a county to waive or reduce a penalty
18     for failure to file a required signed statement of a person's real and personal property
19     that is assessable by the assessor.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides retrospective operation.
24     Utah Code Sections Affected:
25     AMENDS:
26          59-2-103.5, as last amended by Laws of Utah 2020, Chapter 78
27          59-2-307, as last amended by Laws of Utah 2011, Chapter 163

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-2-103.5 is amended to read:
31          59-2-103.5. Procedures to obtain an exemption for residential property --
32     Procedure if property owner or property no longer qualifies to receive a residential
33     exemption.
34          (1) Subject to Subsection (8), for residential property other than part-year residential
35     property, a county legislative body may adopt an ordinance that requires an owner to file an
36     application with the county board of equalization before a residential exemption under Section
37     59-2-103 may be applied to the value of the residential property if:
38          (a) the residential property was ineligible for the residential exemption during the
39     calendar year immediately preceding the calendar year for which the owner is seeking to have
40     the residential exemption applied to the value of the residential property;
41          (b) an ownership interest in the residential property changes; or
42          (c) the county board of equalization determines that there is reason to believe that the
43     residential property no longer qualifies for the residential exemption.
44          (2) (a) The application described in Subsection (1):
45          (i) shall be on a form the commission prescribes by rule and makes available to the
46     counties;
47          (ii) shall be signed by the owner of the residential property; and
48          (iii) may not request the sales price of the residential property.
49          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
50     commission may make rules prescribing the contents of the form described in Subsection
51     (2)(a).
52          (c) For purposes of the application described in Subsection (1), a county may not
53     request information from an owner of a residential property beyond the information provided in
54     the form prescribed by the commission under this Subsection (2).
55          (3) (a) Regardless of whether a county legislative body adopts an ordinance described
56     in Subsection (1), before a residential exemption may be applied to the value of part-year
57     residential property, an owner of the property shall:
58          (i) file the application described in Subsection (2)(a) with the county board of

59     equalization; and
60          (ii) include as part of the application described in Subsection (2)(a) a statement that
61     certifies:
62          (A) the date the part-year residential property became residential property;
63          (B) that the part-year residential property will be used as residential property for 183 or
64     more consecutive calendar days during the calendar year for which the owner seeks to obtain
65     the residential exemption; and
66          (C) that the owner, or a member of the owner's household, may not claim a residential
67     exemption for any property for the calendar year for which the owner seeks to obtain the
68     residential exemption, other than the part-year residential property, or as allowed under Section
69     59-2-103 with respect to the primary residence or household furnishings, furniture, and
70     equipment of the owner's tenant.
71          [(b) An owner may not obtain a residential exemption for part-year residential property
72     unless the owner files an application under this Subsection (3) on or before November 30 of the
73     calendar year for which the owner seeks to obtain the residential exemption.]
74          [(c)] (b) If an owner files an application under this Subsection (3) on or after May 1 of
75     the calendar year for which the owner seeks to obtain the residential exemption, the county
76     board of equalization may require the owner to pay an application fee [of] not to exceed $50.
77          (4) Except as provided in Subsection (5), if a property owner no longer qualifies to
78     receive a residential exemption authorized under Section 59-2-103 for the property owner's
79     primary residence, the property owner shall:
80          (a) file a written statement with the county board of equalization of the county in which
81     the property is located:
82          (i) on a form provided by the county board of equalization; and
83          (ii) notifying the county board of equalization that the property owner no longer
84     qualifies to receive a residential exemption authorized under Section 59-2-103 for the property
85     owner's primary residence; and
86          (b) declare on the property owner's individual income tax return under Chapter 10,
87     Individual Income Tax Act, for the taxable year for which the property owner no longer
88     qualifies to receive a residential exemption authorized under Section 59-2-103 for the property
89     owner's primary residence, that the property owner no longer qualifies to receive a residential

90     exemption authorized under Section 59-2-103 for the property owner's primary residence.
91          (5) A property owner is not required to file a written statement or make the declaration
92     described in Subsection (4) if the property owner:
93          (a) changes primary residences;
94          (b) qualified to receive a residential exemption authorized under Section 59-2-103 for
95     the residence that was the property owner's former primary residence; and
96          (c) qualifies to receive a residential exemption authorized under Section 59-2-103 for
97     the residence that is the property owner's current primary residence.
98          (6) Subsections (2) through (5) do not apply to qualifying exempt primary residential
99     rental personal property.
100          (7) (a) Subject to Subsection (8), for the first calendar year in which a property owner
101     qualifies to receive a residential exemption under Section 59-2-103, a county assessor may
102     require the property owner to file a signed statement described in Section 59-2-306.
103          (b) Subject to Subsection (8) and notwithstanding Section 59-2-306, for a calendar year
104     after the calendar year described in Subsection (7)(a) in which a property owner qualifies for an
105     exemption described in Subsection 59-2-1115(2) for qualifying exempt primary residential
106     rental personal property, a signed statement described in Section 59-2-306 with respect to the
107     qualifying exempt primary residential rental personal property may only require the property
108     owner to certify, under penalty of perjury, that the property owner qualifies for the exemption
109     under Subsection 59-2-1115(2).
110          (8) (a) Subject to the requirements of this Subsection (8) and except as provided in
111     Subsection (8)(b), on or before May 1, 2020, a county assessor shall:
112          (i) notify each owner of residential property that the owner is required to submit a
113     written declaration described in Subsection (8)(d) within 30 days after the day on which the
114     county assessor mails the notice under this Subsection (8)(a); and
115          (ii) provide each owner with a form described in Subsection (8)(e) to make the written
116     declaration described in Subsection (8)(d).
117          (b) A county assessor is not required to provide a notice to an owner of residential
118     property under Subsection (8)(a) if the situs address of the residential property is the same as
119     any one of the following:
120          (i) the mailing address of the residential property owner or the tenant of the residential

121     property;
122          (ii) the address listed on the:
123          (A) residential property owner's driver license; or
124          (B) tenant of the residential property's driver license; or
125          (iii) the address listed on the:
126          (A) residential property owner's voter registration; or
127          (B) tenant of the residential property's voter registration.
128          (c) After an ownership interest in residential property changes, the county assessor
129     shall:
130          (i) notify the owner of the residential property that the owner is required to submit a
131     written declaration described in Subsection (8)(d) within 90 days after the day on which the
132     owner receives notice under this Subsection (8)(c); and
133          (ii) provide the owner of the residential property with the form described in Subsection
134     (8)(e) to make the written declaration described in Subsection (8)(d).
135          (d) An owner of residential property that receives a notice described in Subsection
136     (8)(a) or (c) shall submit a written declaration to the county assessor under penalty of perjury
137     certifying the information contained in the form provided in Subsection (8)(e).
138          (e) The written declaration required by Subsection (8)(d) shall be:
139          (i) signed by the owner of the residential property; and
140          (ii) in substantially the following form:
141     
"Residential Property Declaration

142          This form must be submitted to the County Assessor's office where your new residential
143     property is located within 90 days of receipt. Failure to do so will result in the county assessor
144     taking action that could result in the withdrawal of the primary residential exemption from your
145     residential property.
146     
Residential Property Owner Information

147          Name(s):__________________________________________________
148          Home Phone:_______________________________________________
149          Work Phone:_______________________________________________
150          Mailing Address:____________________________________________
151     
Residential Property Information


152          Physical Address:___________________________________________
153          Certification
154          1. Is this property used as a primary residential property or part-year residential
155     property for you or another person?
156          "Part-year residential property" means owned property that is not residential property on
157     January 1 of a calendar year but becomes residential property after January 1 of the calendar
158     year.
159          Yes           No
160          2. Will this primary residential property or part-year residential property be occupied
161     for 183 or more consecutive calendar days by the owner or another person?
162          A part-year residential property occupied for 183 or more consecutive calendar days in
163     a calendar year by the owner(s) or a tenant is eligible for the exemption.
164          Yes          No
165          If a property owner or a property owner's spouse claims a residential exemption under
166     Utah Code Ann. § 59-2-103 for property in this state that is the primary residence of the
167     property owner or the property owner's spouse, that claim of a residential exemption creates a
168     rebuttable presumption that the property owner and the property owner's spouse have domicile
169     in Utah for income tax purposes. The rebuttable presumption of domicile does not apply if the
170     residential property is the primary residence of a tenant of the property owner or the property
171     owner's spouse.
172          Signature
173          This form must be signed by all owners of the property.
174          Under penalties of perjury, I declare to the best of my knowledge and belief, this
175     declaration and accompanying pages are true, correct, and complete.
176          __________________(Owner signature) _____________________Date (mm/dd/yyyy)
177          __________________(Owner printed name)
178          (f) For purposes of a written declaration described in this Subsection (8), a county may
179     not request information from a property owner beyond the information described in the form
180     provided in Subsection (8)(e).
181          (g) (i) If, after receiving a written declaration filed under Subsection (8)(d), the county
182     determines that the property has been incorrectly qualified or disqualified to receive a

183     residential exemption, the county shall:
184          (A) redetermine the property's qualification to receive a residential exemption; and
185          (B) notify the claimant of the redetermination and its reason for the redetermination.
186          (ii) The redetermination provided in Subsection (8)(g)(i)(A) is final unless appealed
187     within 30 days after the notice required by Subsection (8)(g)(i)(B).
188          (h) (i) If a residential property owner fails to file a written declaration required by
189     Subsection (8)(d), the county assessor shall mail to the owner of the residential property a
190     notice that:
191          (A) the property owner failed to file a written declaration as required by Subsection
192     (8)(d); and
193          (B) the property owner will no longer qualify to receive the residential exemption
194     authorized under Section 59-2-103 for the property that is the subject of the written declaration
195     if the property owner does not file the written declaration required by Subsection (8)(d) within
196     30 days after the day on which the county assessor mails the notice under this Subsection
197     (8)(h)(i).
198          (ii) If a property owner fails to file a written declaration required by Subsection (8)(d)
199     after receiving the notice described in Subsection (8)(h)(i), the property owner no longer
200     qualifies to receive the residential exemption authorized under Section 59-2-103 in the calendar
201     year for the property that is the subject of the written declaration.
202          (iii) A property owner that is disqualified to receive the residential exemption under
203     Subsection (8)(h)(ii) may file an application described in Subsection (1) to determine whether
204     the owner is eligible to receive the residential exemption.
205          (i) The requirements of this Subsection (8) do not apply to a county assessor in a
206     county that has, for the five calendar years prior to 2019, had in place and enforced an
207     ordinance described in Subsection (1).
208          Section 2. Section 59-2-307 is amended to read:
209          59-2-307. Refusal by taxpayer to file signed statement -- Penalty -- Assessor to
210     estimate value -- Reporting information to other counties.
211          (1) (a) Each person who fails to file the signed statement required by Section 59-2-306,
212     fails to file the signed statement with respect to name and place of residence, or fails to appear
213     and testify when requested by the assessor, shall pay a penalty equal to 10% of the estimated

214     tax due, but not less than $25 for each failure to file a signed and completed statement.
215          (b) Each penalty under Subsection (1)(a) shall be collected in the manner provided by
216     Sections 59-2-1302 and 59-2-1303, except as otherwise provided for in this section, or by a
217     judicial proceeding brought in the name of the assessor.
218          (c) All money recovered by any assessor under this section shall be paid into the county
219     treasury.
220          [(2) (a) The penalty imposed by Subsection (1)(a) may not be waived or reduced by the
221     assessor, county, county Board of Equalization, or commission except pursuant to a procedure
222     for the review and approval of reductions and waivers adopted by county ordinance, or by
223     administrative rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative
224     Rulemaking Act.]
225          (2) (a) Upon a showing of reasonable cause, a county may waive or reduce a penalty
226     imposed under Subsection (1)(a).
227          (b) (i) Except as provided in Subsection (2)(b)(ii), a penalty under Subsection (1)(a)
228     may be imposed on or after May 16 of the year the statement described in Section 59-2-306 is
229     requested by the county assessor.
230          (ii) A penalty under Subsection (1)(a) may not be imposed until 30 days after the
231     postmark date of mailing of a subsequent notice if the signed statement described in Section
232     59-2-306 is requested:
233          (A) on or after March 16; or
234          (B) by a county assessor of a county of the first class.
235          (3) (a) If an owner neglects or refuses to file a signed statement requested by an
236     assessor as required under Section 59-2-306:
237          (i) the assessor shall:
238          (A) make a record of the failure to file; and
239          (B) make an estimate of the value of the property of the owner based on known facts
240     and circumstances; and
241          (ii) the assessor of a county of the first class:
242          (A) shall make a subsequent request by mail for the signed statement, informing the
243     owner of the consequences of not filing a signed statement; and
244          (B) may impose a fee for the actual and necessary expenses of the mailing under

245     Subsection (3)(a)(ii)(A).
246          (b) The value fixed by the assessor in accordance with Subsection (3)(a)(i) may not be
247     reduced by the county board of equalization or by the commission.
248          (4) If the signed statement discloses property in any other county, the assessor shall file
249     the signed statement and send a copy to the assessor of each county in which the property is
250     located.
251          Section 3. Retrospective operation.
252          The actions affecting Section 59-2-103.5 have retrospective operation to January 1,
253     2021.