6% Property Exemption / Assessable Transfer of Interest Application

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Act 57 of 2011 provides a partial exemption from taxation of up to 25% of an "ATI Fair Market Value" as a result of an Assessable Transfer of Interest (ATI) transactions occuring after December 31, 2010.  The exemption allowed results in a "taxable value" of 75% of the "ATI's fair market value" or the previous fair market value, whichever is greater.  

ELIGIBILITY:

This exemption may apply to properties that:

Are assessed at 6% and remain at 6% for the year in which the exemption is granted.

And - 

The market value increased due to an Assessable Transfer of Interest for tax years 2011 forward.

And -

The property owner or agent files an application with the County Assessor before January 31st of the tax year in which the exemption is first applied.  Applications must be received no later than January 30th of the year in which the Assessable Transfer of Interst will occur.

Commercial Real Property, Property Tax Exemption

Section 1. Article 25, Chapter 37, Title 12 of the 1976 Code is amended by adding "Section 12-37-3135.(A) As used in this section:

(1) 'ATI fair market value' means the fair market value of a parcel of real property and any improvements thereon as determined by appraisal at the time the parcel last underwent an assessable transfer of interest.

(2) 'Current fair market value' means the fair market value of a parcel of real property as reflected on teh books of the proerty tax assessor for the current property tax year.

(3) 'Exemption value' means the ATI fair market value when reduced by the exemption allowed by this section.

(4) 'Fair market value' means the fair market value of a parcel of real property and any improvements thereon as determined by the proeprty tax assessor by an initial appraisal, by an appraisal at the time the parcel undergoes an assessable transfer of interest, and as periodically reappraised pursuant to Section 12-43-217.

(5) 'Property tax value' means fair market value as it may be adjusted downward to reflect the limit imposed pursuant to Section 12-37-3140(B).

(B)(1) When a parcel of real property and any improvements thereon subject to the six percent assessment ratio provided pursuant to Section 12-43-220(e) and which is currently subject to property tax undergoes an assessable transfer of interest after 2010, there is allowed an exemption from property tax of an amount of the ATI fair market alue of the parcel as determined in the manner provided in item (2) of this subsection.  Calculation of property tax value for such parcels is based on exemption value.  The exemption allowed by this section applies at the time the ATI fair market value first applies. 

(2)(a) The exemption allowed by this section is an amount equal to twenty-five percent of ATI fair market value of the parcel.  However, no exemption value calculated pursuant to this section may be less than current fair market value of the parcel.

(b) If the ATI fair market value of the parcel is less than the current fair market value, the exemption otherwise allowed pursuant to this section does not apply and the ATI fair market value applies as provided pursuant to Section 12-37-3140(A)(1)(b).

(C) The exemption allowed in this section does not apply unless the owner of the property, or the owner's agent, notifies the county assessor that hte property will be subject to the six percent assessment ratio provided pursuant to Section 12-43-220(e) before January thirty-first for the tax year for which the owner first claims eligibility for the exemption.  No further notifications are necessary from the current owner while the property remains subject to the six percent assessment ratio."