Senator Wayne A. Harper proposes the following substitute bill:


1     
REVISIONS TO PROPERTY TAX

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Casey Snider

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to property tax.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a business to include the business's NAICS code when filing a signed
13     statement related to the business's taxable personal property;
14          ▸     modifies the contents of a property tax notice;
15          ▸     requires a county assessor to notify a taxpayer when the taxpayer qualifies for an
16     exemption to the signed statement requirement related to the taxpayer's business
17     personal property; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides retrospective operation.
23     Utah Code Sections Affected:
24     AMENDS:
25          59-2-306, as last amended by Laws of Utah 2010, Chapter 131

26          59-2-919.1, as last amended by Laws of Utah 2020, Chapter 78
27          59-2-1115, as last amended by Laws of Utah 2021, Chapter 388
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-2-306 is amended to read:
31          59-2-306. Statements by taxpayers -- Power of assessors respecting statements.
32          (1) (a) The county assessor may request a signed statement from any person setting
33     forth all the real and personal property assessable by the assessor which is owned, possessed,
34     managed, or under the control of the person at 12 noon on January 1.
35          (b) A request under Subsection (1)(a) shall include a notice of the procedure under
36     Section 59-2-1005 for appealing the value of the personal property.
37          (2) (a) Except as provided in Subsection (2)(b) or (c), a signed statement described in
38     Subsection (1) shall be filed on or before May 15 of the year the statement described in
39     Subsection (1) is requested by the county assessor.
40          (b) For a county of the first class, the signed statement described in Subsection (1) shall
41     be filed on the later of:
42          (i) 60 days after requested by the assessor; or
43          (ii) on or before May 15 of the year the statement described in Subsection (1) is
44     requested by the county assessor if, by resolution, the county legislative body of that county
45     adopts the deadline described in Subsection (2)(a).
46          (c) If a county assessor requests a signed statement described in Subsection (1) on or
47     after March 16, the person shall file the signed statement within 60 days after requested by the
48     assessor.
49          (3) The signed statement shall include the following:
50          (a) all property belonging to, claimed by, or in the possession, control, or management
51     of the person, any firm of which the person is a member, or any corporation of which the
52     person is president, secretary, cashier, or managing agent;
53          (b) the county in which the property is located or in which it is taxable; and, if taxable
54     in the county in which the signed statement was made, also the city, town, school district, road
55     district, or other taxing district in which it is located or taxable; [and]
56          (c) all lands in parcels or subdivisions not exceeding 640 acres each, the sections and

57     fractional sections of all tracts of land containing more than 640 acres which have been
58     sectionized by the United States [Government] government, and the improvements on those
59     lands[.]; and
60          (d) for a person who owns taxable tangible personal property as defined in Section
61     59-2-1115, the person's NAICS code, as classified under the current North American Industry
62     Classification System of the federal Executive Office of the President, Office of Management
63     and Budget.
64          (4) Every assessor may subpoena and examine any person in any county in relation to
65     any signed statement but may not require that person to appear in any county other than the
66     county in which the subpoena is served.
67          Section 2. Section 59-2-919.1 is amended to read:
68          59-2-919.1. Notice of property valuation and tax changes.
69          (1) In addition to the notice requirements of Section 59-2-919, the county auditor, on or
70     before July 22 of each year, shall notify each owner of real estate who is listed on the
71     assessment roll.
72          (2) The notice described in Subsection (1) shall:
73          (a) except as provided in Subsection [(5)] (6), be sent to all owners of real property by
74     mail 10 or more days before the day on which:
75          (i) the county board of equalization meets; and
76          (ii) the taxing entity holds a public hearing on the proposed increase in the certified tax
77     rate;
78          (b) be on a form that is:
79          (i) approved by the commission; and
80          (ii) uniform in content in all counties in the state; and
81          (c) contain for each property:
82          (i) the assessor's determination of the value of the property;
83          (ii) the taxable value of the property;
84          (iii) (A) the deadline for the taxpayer to make an application to appeal the valuation or
85     equalization of the property under Section 59-2-1004; or
86          (B) for property assessed by the commission, the deadline for the taxpayer to apply to
87     the commission for a hearing on an objection to the valuation or equalization of the property

88     under Section 59-2-1007;
89          (iv) for a property assessed by the commission, a statement that the taxpayer may not
90     appeal the valuation or equalization of the property to the county board of equalization;
91          (v) itemized tax information for all applicable taxing entities, including:
92          (A) the dollar amount of the taxpayer's tax liability for the property in the prior year;
93     and
94          (B) the dollar amount of the taxpayer's tax liability under the current rate;
95          (vi) the following, stated separately:
96          (A) the charter school levy described in Section 53F-2-703;
97          (B) the multicounty assessing and collecting levy described in Subsection
98     59-2-1602(2);
99          (C) the county assessing and collecting levy described in Subsection 59-2-1602(4);
100          (D) for a fiscal year that begins before July 1, 2023, the combined basic rate as defined
101     in Section 53F-2-301.5; and
102          (E) for a fiscal year that begins on or after July 1, 2023, the combined basic rate as
103     defined in Section 53F-2-301;
104          (vii) the tax impact on the property;
105          (viii) the time and place of the required public hearing for each entity;
106          (ix) property tax information pertaining to:
107          (A) taxpayer relief;
108          (B) options for payment of taxes;
109          (C) collection procedures; and
110          (D) the residential exemption described in Section 59-2-103;
111          (x) information specifically authorized to be included on the notice under this chapter;
112          (xi) the last property review date of the property as described in Subsection
113     59-2-303.1(1)(c); and
114          (xii) other property tax information approved by the commission.
115          (3) If a taxing entity that is subject to the notice and hearing requirements of
116     Subsection 59-2-919(4) proposes a tax increase, the notice described in Subsection (1) shall
117     state, in addition to the information required by Subsection (2):
118          (a) the dollar amount of the taxpayer's tax liability if the proposed increase is approved;

119          (b) the difference between the dollar amount of the taxpayer's tax liability if the
120     proposed increase is approved and the dollar amount of the taxpayer's tax liability under the
121     current rate, placed in close proximity to the information described in Subsection (2)(c)(viii);
122     and
123          (c) the percentage increase that the dollar amount of the taxpayer's tax liability under
124     the proposed tax rate represents as compared to the dollar amount of the taxpayer's tax liability
125     under the current tax rate.
126          [(4) If a change to state law increases a tax rate stated on a notice described in
127     Subsection (1), the notice described in Subsection (1) shall state in addition to the information
128     required by Subsections (2) and (3):]
129          [(a) the difference between the dollar amount of the taxpayer's tax liability under the
130     current tax rate and the dollar amount of the taxpayer's tax liability before the change to state
131     law became effective; and]
132          [(b) the percentage increase that the dollar amount of the taxpayer's tax liability under
133     the current tax rate represents as compared to the dollar amount of the taxpayer's tax liability
134     under the tax rate before the change to state law becomes effective.]
135          (4) For tax year 2022, the notice described in Subsection (1) shall state:
136          (a) the difference between:
137          (i) the dollar amount of the taxpayer's liability for the combined basic rate as defined in
138     Section 53F-2-301.5; and
139          (ii) the dollar amount that the taxpayer's liability for the combined basic rate as defined
140     in Section 53F-2-301.5 would have been if the combined basic rate were equal to the sum of
141     the minimum basic tax rate and the WPU value rate, as those terms are defined in Section
142     53F-2-301.5; and
143          (b) the percentage change between the amount described in Subsection (4)(a)(i) and the
144     amount described in Subsection (4)(a)(ii).
145          (5) For tax years 2022 through 2025, the notice described in Subsection (1) shall state:
146          (a) the difference between:
147          (i) the dollar amount of the taxpayer's liability for the rate imposed under Subsection
148     59-2-1602(2)(b)(i); and
149          (ii) the dollar amount of the taxpayer's liability if the rate imposed under Subsection

150     59-2-1602(2)(b)(i) were the certified revenue levy; and
151          (b) the percentage change between the amount described in Subsection (5)(a)(i) and the
152     amount described in Subsection (5)(a)(ii).
153          [(5)] (6) (a) Subject to the other provisions of this Subsection [(5)] (6), a county auditor
154     may, at the county auditor's discretion, provide the notice required by this section to a taxpayer
155     by electronic means if a taxpayer makes an election, according to procedures determined by the
156     county auditor, to receive the notice by electronic means.
157          (b) (i) If a notice required by this section is sent by electronic means, a county auditor
158     shall attempt to verify whether a taxpayer receives the notice.
159          (ii) If receipt of the notice sent by electronic means cannot be verified 14 days or more
160     before the county board of equalization meets and the taxing entity holds a public hearing on a
161     proposed increase in the certified tax rate, the notice required by this section shall also be sent
162     by mail as provided in Subsection (2).
163          (c) A taxpayer may revoke an election to receive the notice required by this section by
164     electronic means if the taxpayer provides written notice to the county auditor on or before April
165     30.
166          (d) An election or a revocation of an election under this Subsection [(5)] (6):
167          (i) does not relieve a taxpayer of the duty to pay a tax due under this chapter on or
168     before the due date for paying the tax; or
169          (ii) does not alter the requirement that a taxpayer appealing the valuation or the
170     equalization of the taxpayer's real property submit the application for appeal within the time
171     period provided in Subsection 59-2-1004(3).
172          (e) A county auditor shall provide the notice required by this section as provided in
173     Subsection (2), until a taxpayer makes a new election in accordance with this Subsection [(5)]
174     (6), if:
175          (i) the taxpayer revokes an election in accordance with Subsection [(5)] (6)(c) to
176     receive the notice required by this section by electronic means; or
177          (ii) the county auditor finds that the taxpayer's electronic contact information is invalid.
178          (f) A person is considered to be a taxpayer for purposes of this Subsection [(5)] (6)
179     regardless of whether the property that is the subject of the notice required by this section is
180     exempt from taxation.

181          Section 3. Section 59-2-1115 is amended to read:
182          59-2-1115. Exemption of certain tangible personal property.
183          (1) As used in this section:
184          (a) (i) "Item of taxable tangible personal property" does not include an improvement to
185     real property or a part that will become an improvement.
186          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
187     commission may make rules defining the term "item of taxable tangible personal property."
188          (b) (i) "Taxable tangible personal property" means tangible personal property that is
189     subject to taxation under this chapter.
190          (ii) "Taxable tangible personal property" does not include:
191          (A) tangible personal property required by law to be registered with the state before it
192     is used on a public highway, public waterway, or public land or in the air;
193          (B) a mobile home as defined in Section 41-1a-102; or
194          (C) a manufactured home as defined in Section 41-1a-102.
195          (2) (a) In accordance with Utah Constitution, Article XIII, Section 3, Subsection
196     (2)(a)(vi), which provides that the Legislature may by statute exempt tangible personal property
197     that, if subject to property tax, would generate an inconsequential amount of revenue, the
198     Legislature exempts the tangible personal property described in this Subsection (2).
199          (b) The taxable tangible personal property of a taxpayer is exempt from taxation if the
200     taxable tangible personal property has a total aggregate taxable value per county of $25,000 or
201     less.
202          (c) For an item of taxable tangible personal property that is not exempt under
203     Subsection (2)(b), the item is exempt from taxation if:
204          (i) the item is owned by a business and is not critical to the actual business operation of
205     the business; and
206          (ii) the acquisition cost of the item is less than $500.
207          (3) (a) For a calendar year beginning on or after January 1, 2023, the commission shall
208     increase the dollar amount described in Subsection (2)(b):
209          (i) by a percentage equal to the percentage difference between the consumer price
210     index for the preceding calendar year and the consumer price index for calendar year 2021; and
211          (ii) up to the nearest $100 increment.

212          (b) For purposes of this Subsection (3), the commission shall calculate the consumer
213     price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
214          (c) If the percentage difference under Subsection (3)(a)(i) is zero or a negative
215     percentage, the consumer price index increase for the year is zero.
216          (4) (a) For the first calendar year in which a taxpayer qualifies for an exemption
217     described in Subsection (2)(b), a county assessor may require the taxpayer to file a signed
218     statement described in Section 59-2-306.
219          (b) Notwithstanding Section 59-2-306 and subject to Subsection [(5)] (6), for a
220     calendar year in which a taxpayer qualifies for an exemption described in Subsection (2)(b)
221     after the calendar year described in Subsection (4)(a), a signed statement described in Section
222     59-2-306 with respect to the taxable tangible personal property that is exempt under Subsection
223     (2)(b) may only require the taxpayer to certify, under penalty of perjury, that the taxpayer
224     qualifies for the exemption under Subsection (2)(b).
225          (c) If a taxpayer qualifies for an exemption described in Subsection (2)(b) for five
226     consecutive years and files a signed statement for each of those years in accordance with
227     Section 59-2-306 and Subsection (4)(b), a county assessor may not require the taxpayer to file a
228     signed statement for each continuing consecutive year for which the taxpayer qualifies for the
229     exemption.
230          (d) If a taxpayer qualifies for an exemption described in Subsection (2)(c) for an item
231     of tangible taxable personal property, a county assessor may not require the taxpayer to include
232     the item on a signed statement described in Section 59-2-306.
233          (5) (a) Beginning in 2023, a county assessor shall send a notice to a taxpayer who
234     becomes eligible for the exemption described in Subsection (2)(b).
235          (b) The county assessor shall:
236          (i) send the notice during the calendar year in which the taxpayer becomes eligible for
237     the exemption and before the deadline to file a signed statement; and
238          (ii) in the notice, inform the taxpayer that:
239          (A) in accordance with Subsection (4)(c), the taxpayer is not required to file a signed
240     statement for each continuing consecutive year for which the taxpayer qualifies for the
241     exemption; and
242          (B) the taxpayer shall notify the county assessor if the taxpayer's taxable tangible

243     personal property exceeds the total aggregate taxable value described in Subsection (2)(b).
244          [(5)] (6) A signed statement with respect to qualifying exempt primary residential
245     rental personal property is as provided in Section 59-2-103.5.
246          [(6)] (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
247     Act, the commission may make rules to administer this section and provide for uniform
248     implementation.
249          Section 4. Retrospective operation.
250          The changes to Section 59-2-919.1 have retrospective operation to January 1, 2022.