Utah Code 59-2-1802.1. Property tax deferral for property with a qualifying increase
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Terms Used In Utah Code 59-2-1802.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deferral: means a postponement of a tax due date or a tax notice charge granted in accordance with Section
59-2-1802 ,Utah Code 59-2-1801 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means property that is subject to assessment and taxation according to its value. See Utah Code 59-2-102
- Qualifying increase: means a valuation that is equal to or more than 150% higher than the previous year's valuation for property that:(10)(a) is county assessed; and(10)(b) on or after January 1 of the previous year and before January 1 of the current year has not had:(10)(b)(i) a physical improvement if the fair market value of the physical improvement increases enough to result in the valuation increase solely as a result of the physical improvement;(10)(b)(ii) a zoning change if the fair market value of the real property increases enough to result in the valuation increase solely as a result of the zoning change; or(10)(b)(iii) a change in the legal description of the real property, if the fair market value of the real property increases enough to result in the valuation increase solely as a result of the change in the legal description of the real property. See Utah Code 59-2-1801
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(32)(a) the possession of, claim to, ownership of, or right to the possession of land;(32)(b) all mines, minerals, and quarries in and under the land, all timber belonging to individuals or corporations growing or being on the lands of this state or the United States, and all rights and privileges appertaining to these; and(32)(c) improvements. See Utah Code 59-2-102- Residential property: includes :
(34)(b)(i) except as provided in Subsection (34)(b)(ii), includes household furnishings, furniture, and equipment if the household furnishings, furniture, and equipment are:(34)(b)(i)(A) used exclusively within a dwelling unit that is the primary residence of a tenant; and(34)(b)(i)(B) owned by the owner of the dwelling unit that is the primary residence of a tenant; and(34)(b)(ii) if the county assessor determines that the property will be used for residential purposes as a primary residence:(34)(b)(ii)(A) property under construction; or(34)(b)(ii)(B) unoccupied property. See Utah Code 59-2-102(1)(a) A county shall grant a deferral for any real property if an owner of the property:(1)(a)(i) applies for a property tax deferral on or before the date provided in Subsection (1)(b); and(1)(a)(ii) has a qualifying increase for the calendar year that begins on January 1, 2023, or January 1, 2024.(1)(b) The owner of the property shall apply for a deferral on or before the later of:(1)(b)(i) June 30, 2025; or(1)(b)(ii) if an appeal of valuation or equalization of a property described in Subsection (1)(a) is filed with a county board of equalization, the commission, or a court of competent jurisdiction, 30 days after the day on which the county board of equalization, the commission, or a court of competent jurisdiction issues a final, unappealable judgment or order.(2)(2)(a) The period of deferral is five years.(2)(b) The property owner shall pay 20% of the taxes and tax notice charges due during each year of the five-year deferral period.(2)(c) A county shall grant a separate five-year deferral period if an owner has a qualifying increase for both the calendar year that begins on January 1, 2023, and the calendar year that begins on January 1, 2024.(3)(3)(a) Taxes and tax notice charges deferred under this part accumulate as a lien against the residential property.(3)(b) A lien described in this Subsection (3) has the same legal status as a lien described in Section59-2-1325 .(3)(c) To release the lien described in this Subsection (3), an owner shall pay the total amount subject to the lien on or before the earlier of:(3)(c)(i) the day on which the five-year deferral period ends; or(3)(c)(ii) the day the owner sells or otherwise disposes of the real property.(3)(d) When the deferral period ends:(3)(d)(i) the lien becomes due and subject to the collection procedures described in Section59-2-1331 ; and(3)(d)(ii) the date of levy is the date that the deferral period ends.(4)(4)(a) Notwithstanding Section59-2-1331 , a county may not impose a penalty or interest during the period of deferral.(4)(b) If the property owner does not make all deferred payments before the day on which the five-year deferral period ends, the county may assess a penalty or interest in accordance with Section59-2-1331 on the unpaid amount.(5)(5)(a) If a county grants an owner more than one deferral for the same property, the county is not required to submit for recording more than one lien.(5)(b) Each subsequent deferral relates back to the date of the initial lien filing.(6)(6)(a) For each property for which the county grants a deferral, the treasurer shall maintain a record that is an itemized account of the total amount of deferred property taxes and deferred tax notice charges subject to the lien.(6)(b) The record described in this Subsection (6) is the official record of the amount of the lien.(7) For a property that has a qualifying increase for the calendar year that begins on January 1, 2023, or January 1, 2024, a county assessor shall include with the notice provided in accordance with Section59-2-919.1 for the calendar year that begins on January 1, 2024, a notice informing the owner of record of:(7)(a)(7)(a)(i) for a property that has a qualifying increase for the calendar year that begins on January 1, 2023, the option to file an appeal under the extended period described in Section59-2-1004.1 ; or(7)(a)(ii) for a property that has a qualifying increase for the calendar year that begins on January 1, 2024, the option to file an appeal under Section59-2-1004 ;(7)(b) instructions for filing an appeal;(7)(c) the option to apply for a deferral in accordance with this section; and(7)(d) the ability of the county to waive any penalty or interest assessed in accordance with Section59-2-1331 .