Title 42 — Taxation

In this chapter, unless the context otherwise requires: 1. "Commission" means the property tax oversight commission established by section 42-17002. 2. "Fire district" means a fire district established pursuant to title 48, chapter 5. 3. "Political subdivision" means a county, ch…

A. The property tax oversight commission is established to: 1. Further the public confidence in property tax limitations. 2. Provide a uniform methodology for determining those limitations. 3. Provide a continuing review of practices for ensuring a fair and equitable administrati…

A. The commission shall: 1. Establish procedures for deriving the information required by sections 15-905.01, 15-1461.01 and 42-17107, article 2 of this chapter, section 48-254 and paragraph 4 of this subsection. 2. Review the primary property tax levy of each political subdivisi…

A. If the commission notifies a political subdivision of a violation of section 15-905.01, 15-1461.01 or 42-17107 or article 2 of this chapter, notifies a special taxing district of a violation of section 48-254, notifies a fire district of a violation of section 48-807 or notifi…

A. If a governing body of a political subdivision or a fire district receives written notice of a violation of its allowable levy limit or truth in taxation limit under section 42-17003, and has not appealed the commission's decision pursuant to section 42-17004, the governing bo…

A. In addition to any other limitation that may be imposed, a county, charter county, city, charter city, town or community college district shall not levy primary property taxes in any year in excess of an aggregate amount computed as follows: 1. Determine the maximum allowable …

A. On or before February 10 of the tax year, the county assessor shall transmit and certify to the property tax oversight commission and to the governing body of the political subdivision or district in the county the values that are required to compute the levy limit prescribed …

A. When a tax rate is to be determined and taxes are levied, the county assessor shall make an estimate of the personal property to be added to the tax roll for purposes of computing the property tax rates pursuant to section 42-17151. B. The estimate shall be at least equal to t…

A. When the county assessor transmits valuations under section 42-17052, the assessor shall prepare and transmit a final levy limit worksheet to each city, town and community college district that imposes a primary property tax, to each fire district that imposes a secondary prop…

A. On or before February 15 of the tax year, the governing body of each county, city, town, community college district and fire district shall make available for public inspection the values determined in each numbered paragraph of section 42-17051, subsection A and in section 48…

A. If a county, city, town or community college district did not levy primary property taxes in the preceding tax year, the governing body shall submit a proposed amount to be raised by primary property taxes for approval of the voters. B. The election shall be held on the third …

A. In the event of a division of a county into two or more new counties or the consolidation of counties, the property tax oversight commission shall determine the maximum allowable levy of primary property taxes in each new county for the first full fiscal year after the new cou…

If an existing community college district merges with a contiguous county that is not a part of a community college district, the values used in computing the levy limit under section 42-17051 for the first year of the new district shall be: 1. For section 42-17051, subsection A,…

On or before the third Monday in July each year the governing body of each county and incorporated city or town shall prepare: 1. A full and complete statement of the political subdivision's financial affairs for the preceding fiscal year. 2. An estimate of the different amounts …

A. The annual estimate of expenses of each county, city and town shall include: 1. An estimate of the amount of money required for each item of expenditure necessary for county, city or town purposes, which must include, by fund: (a) Beginning in fiscal year 2013-2014, the estima…

A. The governing body of each county, city or town shall publish the estimates of revenues and expenses, or a summary of the estimates of revenues and expenses, and a notice of a public hearing of the governing body to hear taxpayers and make tax levies at designated times and pl…

A. The governing body of each county, city or town shall hold a public hearing on or before the fourteenth day before the day on which it levies taxes as stated in the notice under section 42-17103. Any taxpayer may appear and be heard in favor of or against any proposed expendit…

A. After the hearing on estimates under section 42-17104 is concluded, the governing body shall convene in a special meeting and finally determine and adopt estimates of proposed expenditures for the purposes stated in the published proposal. B. The adopted estimates constitute t…

A. Except as provided in subsection B, a county, city or town shall not: 1. Spend money for a purpose that is not included in its budget. 2. Spend money or incur or create a debt, obligation or liability in a fiscal year in excess of the amount stated for each purpose in the fina…

A. On or before February 10 of the tax year, the county assessor shall transmit and certify to the property tax oversight commission and to the governing body of the county, city or town the total net assessed values that are required to compute the levy limit prescribed by secti…

A. A city or town may encumber monies at the end of a fiscal year for any liabilities incurred during that fiscal year and still outstanding at the end of the fiscal year. B. Payments may be made from encumbered monies for a period of sixty days immediately after the end of the f…

A. This section provides an alternative and additional method for leasing municipal facilities. This section does not apply to leases entered into before or after March 31, 1965, nor to leases executed and existing on March 31, 1965, if the leases would have been valid regardless…

A. Notwithstanding any other provision of this article, a city or town that is incorporated after the third Monday in July or before June 30 in any fiscal year may adopt an interim budget by ordinance for the remainder of the fiscal year in which the city or town was incorporated…

A. On or before the third Monday in August each year, the governing body of each county, city, town, community college district and school district shall: 1. Fix, levy and assess the amount to be raised from primary property taxation and secondary property taxation. This amount, …

A. As soon as the county board of supervisors finally determines the estimated amounts provided for in article 2 of this chapter, it shall assess taxes for the estimated amounts on the taxable property of the county, according and in proportion to the individual and particular va…

A. Except as provided in subsection B of this section, a tax that is levied on real or personal property is a lien on the assessed property. B. A tax that is levied against personal property of a person who owns real property of a value of less than two hundred dollars in the cou…

A. Personal property is liable for taxes levied on real property, and real property is liable for taxes levied on personal property. A judgment against real property for nonpayment of taxes or assessed to the personal property of the same person shall not be prevented by a showin…

[Repealed or reserved.]

A. The board of supervisors of a county may conduct an election to authorize a property tax levy that is not within the limitations on primary property taxation otherwise prescribed by section 42-17051. B. In order to levy taxes exceeding the limitations prescribed on primary pro…

A. If the governing board of a community college district determines that the amounts permitted to be levied as primary property taxes in any year pursuant to section 42-17051 would provide insufficient revenue to the district, the board may conduct an election to authorize a pro…

A. A county that is not in an organized community college district may conduct an election to authorize a property tax levy for community college purposes that is not within the limitation on primary property taxes that is otherwise prescribed by section 42-17051. B. In order to …

A. Each county assessor shall compile the assessment roll, showing: 1. The total valuations of all property subject to taxation. 2. The valuation assessed to each taxpayer for each taxing jurisdiction in the county to show each assessment. 3. The total valuation of all of the pro…

A. The board of supervisors shall compute and carry out separate entries for each city and town in the county. This constitutes the assessment and tax roll for the city or town. B. When the roll is completed and the extensions are revised and equalized, no other roll may be made …

A. Within five days after the assessment roll has been finally made, revised and equalized, the clerk of the board of supervisors shall: 1. Compute the assessed valuations of all cities and towns whose taxes are included in the roll. 2. Arrive at the total assessed valuation of a…

A. On or before the third Monday in August each year the county board of supervisors shall: 1. Assess the amount of taxes that is certified as having been levied for city and town purposes. 2. Designate the amount to be levied for such purposes on each one hundred dollars of asse…

A. On or before the fifteenth day of each month the county treasurer shall pay to each city and town treasurer in the county all money collected during the previous month as taxes for the city or town. All interest earned on the monies collected shall be paid into the county gene…

A. General city and town taxes that are levied and assessed under this article are due and become delinquent and attach to and become a lien on the assessed property at the same time as county taxes. B. The provisions of law relating to county taxes, including the provisions of t…

A. On or before November 1 of the year preceding the year in which assessments or taxes are to be levied, the governing body of each city, town, school district and community college district and other special taxing districts and assessment districts that are organized by law or…

In this article, unless the context otherwise requires: 1. "Property taxes" means all ad valorem taxes that are levied by all taxing jurisdictions and that become a lien on a residence, including special assessments. 2. "Residence" means real and personal property and improvement…

A. An individual who meets the qualifications prescribed by this section, or the individual's legal representative, may elect to defer property taxes on the individual's qualifying residence for a taxable year pursuant to this article. B. To qualify for the deferral the individua…

To qualify for deferral of property taxes the residence shall meet all of the following requirements: 1. It must be the taxpayer's primary residence. 2. It must not be income producing. 3. It may not have a full cash value, as determined by the county assessor for the current tax…

A. The claim for deferral shall be on a form that is prescribed by the state treasurer and that provides an explanation of the requirements of this article and instructions for completing and filing the claim. The claim shall: 1. Identify the residence by street address and tax p…

A. A taxpayer shall file the claim form with the assessor of the county in which the residence is located. The tax that is due for a tax year may be deferred if a valid claim is filed after January 1 but before April 1 of the tax year for which the deferral is claimed. B. On the …

A. The county treasurer shall issue a certificate of deferral for each residence whose property taxes are deferred under this article that names the individual, describes the property and states the tax year, the amount of taxes that is deferred and the rate of interest that accr…

If a tax deferred residence is subject to any mortgage, deed of trust or other real property security interest and the secured party maintains an escrow account into which payments are deposited for the payment of property taxes, the taxpayer may submit a copy of the certificate …

Deferred taxes and accrued interest under this article are a lien against the property. The lien: 1. Attaches on the date the certificate of deferral is recorded. 2. Has priority over: (a) Any mortgage, reverse mortgage, deed of trust or other real property security interest that…

A. On or before January 15 of each year, the county treasurer shall sell to the state treasurer or to the county, or both, all certificates of deferred taxes issued in the county under this article during the previous tax year. B. The amount of the sale shall include reimbursemen…

A. On or before January 31, the county assessor shall mail a notice to each taxpayer who claimed a deferral of taxes for the preceding tax year that the taxpayer must file another claim to receive a deferral of taxes for the new tax year. The notice shall be substantially as foll…

A. The total amount of deferred property taxes, plus interest and costs, that has accrued with respect to a tax deferred residence is due and payable if: 1. The individual who claimed the deferral dies without a surviving spouse who qualifies under section 42-17302. 2. The tax de…

A. If payment is required pursuant to section 42-17311, all deferred taxes, interest and costs are due and payable one hundred twenty days after an event requiring payment of deferred property taxes except in the case of the individual's death, in which case the taxes, interest a…