Current with legislation from 2024 Fiscal and Special Sessions.
Section 26-26-1118 - [Effective Until 90 days after sine die adjournment] Limitation on increase of property's assessed value(a)(1)(A) There is established a homestead property tax credit for each assessment year that reduces the amount of real property taxes assessed on the homestead of each property owner by four hundred twenty-five dollars ($425).(B) However, an assessment shall not be reduced to less than zero dollars ($0.00).(2) Each property owner shall pay the reduced tax amount to the county.(3) The homestead property tax credit adopted by this section shall be reflected on the tax bill sent to the property owner by the county collector.(4) The county and taxing units within the county are entitled to reimbursement of the tax reduction resulting from the homestead property tax credit in accordance with § 26-26-310.(b)(1) Each county assessor is responsible for identifying the parcels of real property that are used as homestead residences before issuing tax bills.(2)(A)(i) Each property owner shall register with the county assessor proof of eligibility for the property tax credit if the property owner intends to claim a property tax credit.(ii) For property owned by a limited liability company, proof of eligibility shall include without limitation:(a) A certificate of good standing from the Secretary of State for the limited liability company; and(b) A signed attestation by the member or members claiming the property tax credit stating that the member or members are not claiming the property tax credit for any other property.(B)(i) The registration may be attached to the deed or other instrument conveying an interest in real property and filed with the circuit clerk, who shall remit the registration to the county assessor.(ii) The circuit clerk shall not file the registration described in this subdivision (b)(2).(C) The property owner may submit a registration for the property tax credit directly to the county assessor.(3)(A) The homestead property tax credit authorized by subdivision (a)(1) of this section is not allowed after October 15 of the year after the assessment.(B) If October 15 falls on a Saturday, Sunday, or holiday observed by the United States Postal Service, the homestead property tax credit is allowed on, but no later than, the following business day that is not a holiday observed by the United States Postal Service.(4)(A) A parcel of real property shall qualify as a homestead prior to January 1 of the year after assessment to be eligible for the property tax credit.(B) Once a parcel of real property is determined to be eligible for the property tax credit, the parcel of real property shall remain eligible for that year regardless of a change in the use of the parcel of real property during the year.(C) Under no circumstance may a property owner claim more than one (1) homestead property tax credit per calendar year.(5)(A) The parties to a transfer of real property may prorate, as between themselves, the property tax credit and the benefits of the property tax credit by agreement of the parties.(B) If a parcel of real property qualifies for the property tax credit, the property tax credit shall apply regardless of who or what entity pays the property tax.(6)(A) When real property is transferred, the purchaser of the real property shall notify the county assessor of the new use of the real property.(B) The notification may be by affidavit provided by the purchaser of the real property or on a form provided by the county assessor.(7) The Division of Vital Records shall send to the county assessor by electronic mail a monthly report listing the residents of that county who have died.Amended by Act 2023, No. 541,§ 1, eff. 8/1/2023, app. for assessment years beginning on or after January 1, 2024.Amended by Act 2023, No. 315,§ 1, eff. 1/1/2023, app. for assessment years beginning on or after January 1, 2023.Amended by Act 2019, No. 808,§ 2, eff. 4/9/2019.Amended by Act 2017, No. 152,§ 1, eff. 8/1/2017.Amended by Act 2017, No. 49,§ 1, eff. 1/26/2017.Amended by Act 2013, No. 501,§ 10, eff. 8/16/2013.Acts 2000 (2d Ex. Sess.), Nos. 1 and 2, § 6; 2001, No. 1544, § 3; 2001, No. 1598, § 1; 2003, No. 864, § 1; 2005, No. 1268, § 1; 2005, No. 1892, § 1; 2007, No. 142, § 1; 2007, No. 827, § 202; 2009, No. 655, § 4; 2011, No. 175, § 7.This section is set out more than once due to postponed, multiple, or conflicting amendments.