Section 15-30-2337 - Residential property tax credit for elderly - definitionsAs used in 15-30-2337 through 15-30-2341, the following definitions apply:
(1) "Claim period" means the tax year for individuals required to file Montana individual income tax returns and the calendar year for individuals not required to file returns.(2) "Claimant" means a person who is eligible to file a claim under 15-30-2338.(3) "Department" means the department of revenue.(4) "Gross household income" means all income received by all individuals of a household while they are members of the household.(5) "Gross rent" means the total rent in cash or its equivalent actually paid during the claim period by the renter or lessee for the right of occupancy of the homestead pursuant to an arm's-length transaction with the landlord.(6) "Homestead" means: (a) a single-family dwelling or unit of a multiple-unit dwelling that is subject to property taxes in Montana and as much of the surrounding land, but not in excess of 1 acre, as is reasonably necessary for its use as a dwelling; or(b) a single-family dwelling or unit of a multiple-unit dwelling that is rented from a county or municipal housing authority as provided in Title 7, chapter 15.(7)(a) "Household" means an association of persons who live in the same dwelling, sharing its furnishings, facilities, accommodations, and expenses.(b) The term does not include bona fide lessees, tenants, or roomers and boarders on contract.(8) "Household income" means the amount obtained by subtracting [$12,600] from gross household income.(9)(a) "Income" means, except as provided in subsection (9)(b), federal adjusted gross income, without regard to loss, as that quantity is defined in the Internal Revenue Code of the United States, plus all nontaxable income, including but not limited to: (i) the amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability benefits;(ii) the amount of capital gains excluded from adjusted gross income;(v) nontaxable strike benefits;(vi) cash public assistance and relief;(vii) interest on federal, state, county, and municipal bonds; and(viii) all payments received under federal social security except social security income paid directly to a nursing home.(b) For the purposes of this subsection (9), income is reduced by the taxpayer's basis.(10) "Property tax billed" means taxes levied against the homestead, including special assessments and fees but excluding penalties or interest during the claim period.(11) "Rent-equivalent tax paid" means 15% of the gross rent. (Bracketed language in subsection (8) is temporarily amended to "$6,300" on occurrence of contingency for income tax years 2022, 2023, 2024, and 2025 until December 31, 2025-- sec. 13, Ch. 476, L. 2021.)Amended by Laws 2021, Ch. 476,Secs. 1-5, eff. 10/1/2021, and applicable to the income tax year beginning after December 31, 2021.En. Sec. 1, Ch. 584, L. 1981; amd. Sec. 1, Ch. 134, L. 1983; amd. Sec. 1, Ch. 605, L. 1983; amd. Sec. 1, Ch. 27, L. 1987; amd. Sec. 1, Ch. 559, L. 1989; amd. Sec. 1, Ch. 693, L. 1989; amd. Sec. 3, Ch. 612, L. 1991; amd. Sec. 1, Ch. 543, L. 1997; amd. Sec. 1, Ch. 445, L. 1999; amd. Sec. 4, Ch. 147, L. 2009; Sec. 15-30-171, MCA 2007; redes. 15-30-2337 by Sec. 1, Ch. 147, L. 2009.Contingent termination -- legislative intent -- specific findings -- report to legislative finance committee. Laws 2021, Ch. 476,Sec. 13, provides: "(1) The legislature intends to provide the tax relief provided by [this act] while also preventing the loss of federal funds that are available to the state as part of the recently enacted American Rescue Plan Act, Public Law 117-2. The contingent termination provisions in subsections (2) through (5) are limited to the duration of time established by each subsection and are necessary based on the lack of information available to the legislature from the federal government at the time of enactment of [this act].
(2) [Sections 1 and 6] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made in calendar year 2021.
(3) [Sections 2 and 7] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made between October 1, 2022, and December 31, 2022.
(4) [Sections 3 and 8] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made between October 1, 2023, and December 31, 2023.
(5) [Sections 4 and 9] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made between October 1, 2024, and December 31, 2024.
(6) (a) The budget director shall continually evaluate whether implementation of a section of [this act] will: (i) result in a reduction of funds from the American Rescue Plan Act; or (ii) require the state of Montana to repay or refund to the federal government pursuant to the American Rescue Plan Act. (b) The budget director shall consider guidance from: (i) the federal government about the American Rescue Plan Act, Public Law 117-2; (ii) court decisions about the American Rescue Plan Act; (iii) amendments to the American Rescue Plan Act; (iv) any information provided by the attorney general; and (v) other relevant information about the American Rescue Plan Act. (c) If the budget director determines that the implementation of a section of this act may result in a reduction of funds or require the state to repay or refund to the federal government funds based on the guidance in subsection (6)(b), the budget director shall notify the legislative finance committee of the preliminary determination. The budget director's notification of the preliminary determination may occur after January 1 but no later than December 10 of each of the calendar years 2021, 2022, 2023, and 2024. Within 20 days of notification, the legislative finance committee shall provide the budget director with any recommendations concerning the preliminary determination. The budget director shall consider any recommendations of the legislative finance committee.
(7) If the budget director determines that the implementation of a section of this act would more likely than not result in a reduction of funds or require the state to repay or refund to the federal government funds based on the guidance in subsection (6)(b) and the recommendations of the legislative finance committee in subsection (6)(c), the budget director shall provide certification in writing to the legislative finance committee and the code commissioner of the occurrence of the relevant contingency provided for in subsections (2) through (5)."