1     
TANGIBLE PERSONAL PROPERTY TAX AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the signed statement requirements for claiming a property tax
10     exemption for certain tangible personal property.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes the requirement that a taxpayer file a signed statement after the first
14     calendar year in which a taxpayer qualifies for a property tax exemption for tangible
15     personal property if the taxpayer continues to qualify for the exemption for
16     consecutive subsequent years.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          59-2-1115, as last amended by Laws of Utah 2021, Chapter 388
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 59-2-1115 is amended to read:
27          59-2-1115. Exemption of certain tangible personal property.
28          (1) As used in this section:
29          (a) (i) "Item of taxable tangible personal property" does not include an improvement to

30     real property or a part that will become an improvement.
31          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
32     commission may make rules defining the term "item of taxable tangible personal property."
33          (b) (i) "Taxable tangible personal property" means tangible personal property that is
34     subject to taxation under this chapter.
35          (ii) "Taxable tangible personal property" does not include:
36          (A) tangible personal property required by law to be registered with the state before it
37     is used on a public highway, public waterway, or public land or in the air;
38          (B) a mobile home as defined in Section 41-1a-102; or
39          (C) a manufactured home as defined in Section 41-1a-102.
40          (2) (a) In accordance with Utah Constitution, Article XIII, Section 3, Subsection
41     (2)(a)(vi), which provides that the Legislature may by statute exempt tangible personal property
42     that, if subject to property tax, would generate an inconsequential amount of revenue, the
43     Legislature exempts the tangible personal property described in this Subsection (2).
44          (b) The taxable tangible personal property of a taxpayer is exempt from taxation if the
45     taxable tangible personal property has a total aggregate taxable value per county of $25,000 or
46     less.
47          (c) For an item of taxable tangible personal property that is not exempt under
48     Subsection (2)(b), the item is exempt from taxation if:
49          (i) the item is owned by a business and is not critical to the actual business operation of
50     the business; and
51          (ii) the acquisition cost of the item is less than $500.
52          (3) (a) For a calendar year beginning on or after January 1, 2023, the commission shall
53     increase the dollar amount described in Subsection (2)(b):
54          (i) by a percentage equal to the percentage difference between the consumer price
55     index for the preceding calendar year and the consumer price index for calendar year 2021; and
56          (ii) up to the nearest $100 increment.
57          (b) For purposes of this Subsection (3), the commission shall calculate the consumer

58     price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
59          (c) If the percentage difference under Subsection (3)(a)(i) is zero or a negative
60     percentage, the consumer price index increase for the year is zero.
61          (4) (a) For the first calendar year in which a taxpayer qualifies for an exemption
62     described in Subsection (2)(b), a county assessor may require the taxpayer to file a signed
63     statement described in Section 59-2-306.
64          [(b) Notwithstanding Section 59-2-306 and subject to Subsection (5), for a calendar
65     year in which a taxpayer qualifies for an exemption described in Subsection (2)(b) after the
66     calendar year described in Subsection (4)(a), a signed statement described in Section 59-2-306
67     with respect to the taxable tangible personal property that is exempt under Subsection (2)(b)
68     may only require the taxpayer to certify, under penalty of perjury, that the taxpayer qualifies for
69     the exemption under Subsection (2)(b).]
70          [(c)] (b) If a taxpayer qualifies for an exemption described in Subsection (2)(b) [for
71     five consecutive years] and files a signed statement [for each of those years in accordance with
72     Section 59-2-306 and Subsection (4)(b)] in accordance with Subsection (4)(a), a county
73     assessor may not require the taxpayer to file a signed statement for each continuing consecutive
74     year for which the taxpayer qualifies for the exemption.
75          [(d)] (c) If a taxpayer qualifies for an exemption described in Subsection (2)(c) for an
76     item of tangible taxable personal property, a county assessor may not require the taxpayer to
77     include the item on a signed statement described in Section 59-2-306.
78          (5) A signed statement with respect to qualifying exempt primary residential rental
79     personal property is as provided in Section 59-2-103.5.
80          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
81     commission may make rules to administer this section and provide for uniform
82     implementation.
83          Section 2. Effective date.
84          This bill takes effect on January 1, 2023.