59-2-1330. Payment of property taxes -- Payments to taxpayer by state or taxing entity -- Refund of penalties paid by taxpayer -- Refund of interest paid by taxpayer -- Payment of interest to taxpayer -- Judgment levy -- Objections to assessments by the commission -- Time periods for making payments to taxpayer.
(1) Unless otherwise specifically provided by statute, property taxes shall be paid directly to the county treasurer: on the date that the property taxes are due; and as provided in this chapter.
(2) The county treasurer shall apply a payment that is insufficient to cover both a tax or tax notice charge that is deferred in accordance with Chapter 2a, Part 7, Discretionary Deferral, Chapter 2a, Part 8, Nondiscretionary Deferral for Property with Qualifying Increase, or Chapter 2a, Part 9, Nondiscretionary Deferral for Elderly Property Owners, and a current year property tax or tax notice charge to the current tax year property tax or tax notice charge first. The county treasurer shall send notice to the property owner: that the payment was insufficient; that the county applied the payment to the tax or tax notice charges for the current tax year; and of the amount of tax and tax notice charge that is outstanding.
(3) A taxpayer shall receive payment as provided in this section if a reduction in the amount of any tax levied against any property for which the taxpayer paid a tax or any portion of a tax under this chapter for a calendar year is required by a final and unappealable judgment or order described in Subsectionissued by: (4) a county board of equalization; the commission; or a court of competent jurisdiction.
(4) For purposes of Subsection, the state or any taxing entity that has received property taxes or any portion of property taxes from a taxpayer described in Subsectionshall pay the taxpayer if: (3) (2) the taxes the taxpayer paid in accordance with Subsectionare collected by an authorized officer of the: (3) county; or state; and the taxpayer obtains a final and unappealable judgment or order: from a county board of equalization, the commission, or a court of competent jurisdiction; against: the taxing entity or an authorized officer of the taxing entity; or the state or an authorized officer of the state; and ordering a reduction in the amount of any tax levied against any property for which a taxpayer paid a tax or any portion of a tax under this chapter for the calendar year. The amount that the state or a taxing entity shall pay a taxpayer shall be determined in accordance with Subsectionsthrough. (5) (8)
(5) For purposes of Subsectionsand, the amount the state shall pay to a taxpayer is equal to the sum of: (3) (4) if the difference described in this Subsectionis greater than $0, the difference between: (5)(a) the tax the taxpayer paid to the state in accordance with Subsection; and (3) the amount of the taxpayer's tax liability to the state after the reduction in the amount of tax levied against the property in accordance with the final and unappealable judgment or order described in Subsection; (4) if the difference described in this Subsectionis greater than $0, the difference between: (5)(b) any penalties the taxpayer paid to the state in accordance with Section; and 59-2-1331 the amount of penalties the taxpayer is liable to pay to the state in accordance with Sectionafter the reduction in the amount of tax levied against the property in accordance with the final and unappealable judgment or order described in Subsection; 59-2-1331 (4) as provided in Subsection, interest the taxpayer paid in accordance with Sectionon the amounts described in Subsectionsand; and (7)(a) 59-2-1331 (5)(a) (5)(b) as provided in Subsection, interest on the sum of the amounts described in Subsections, (5)(b), and (5)(c). (7)(b) (5)(a)
(6) For purposes of Subsectionsand, the amount a taxing entity shall pay to a taxpayer is equal to the sum of: (3) (4) if the difference described in this Subsectionis greater than $0, the difference between: (6)(a) the tax the taxpayer paid to the taxing entity in accordance with Subsection; and (3) the amount of the taxpayer's tax liability to the taxing entity after the reduction in the amount of tax levied against the property in accordance with the final and unappealable judgment or order described in Subsection; (4) if the difference described in this Subsectionis greater than $0, the difference between: (6)(b) any penalties the taxpayer paid to the taxing entity in accordance with Section; and 59-2-1331 the amount of penalties the taxpayer is liable to pay to the taxing entity in accordance with Sectionafter the reduction in the amount of tax levied against the property in accordance with the final and unappealable judgment or order described in Subsection; 59-2-1331 (4) as provided in Subsection, interest the taxpayer paid in accordance with Sectionon the amounts described in Subsectionsand; and (7)(a) 59-2-1331 (6)(a) (6)(b) as provided in Subsection, interest on the sum of the amounts described in Subsections, (6)(b), and (6)(c). (7)(b) (6)(a)
(7) Except as provided in Subsection: (8) interest shall be refunded to a taxpayer on the amount described in Subsectionorin an amount equal to the amount of interest the taxpayer paid in accordance with Section; and (5)(c) (6)(c) 59-2-1331 interest shall be paid to a taxpayer on the amount described in Subsectionor: (5)(d) (6)(d) beginning on the later of: the day on which the taxpayer paid the tax in accordance with Subsection; or (3) January 1 of the calendar year immediately following the calendar year for which the tax was due; ending on the day on which the state or a taxing entity pays to the taxpayer the amount required by Subsectionor; and (5) (6) at the interest rate earned by the state treasurer on public funds transferred to the Public Treasurers' Investment Fund as defined in Section. 51-7-3
(8) The state may not pay or refund interest to a taxpayer under Subsectionon any tax the taxpayer paid in accordance with Subsectionthat exceeds the amount of tax levied by the state for that calendar year as stated on the notice required by Section. (7) (3) 59-2-1317 A taxing entity may not pay or refund interest to a taxpayer under Subsectionon any tax the taxpayer paid in accordance with Subsectionthat exceeds the amount of tax levied by the taxing entity for that calendar year as stated on the notice required by Section. (7) (3) 59-2-1317
(9) Each taxing entity may levy a tax to pay the taxing entity's share of the final and unappealable judgment or order described in Subsectionif: (4) the final and unappealable judgment or order is issued no later than 15 days prior to the date the certified tax rate is set under Section; 59-2-924 the following information is included on the notice under Section: 59-2-919.1 the date, time, and location of the public hearing at which the judgment levy will be considered; the amount of the judgment levy; and the term of the judgment levy; the taxing entity complies with the requirements of Section; and 59-2-918.5 the final and unappealable judgment or order is an eligible judgment, as defined in Section. 59-2-102 The levy under Subsectionis in addition to, and exempt from, the maximum levy established for the taxing entity. (9)(a) A taxing entity may divide a judgment levy under this Subsectionand impose the judgment levy in more than one subsequent tax year. (9)
(10) A taxpayer that objects to the assessment of property assessed by the commission shall pay, on or before the property tax due date established under Subsectionor Section, the full amount of taxes stated on the notice required by Sectionif: 59-2-1331(1) 59-2-1332 59-2-1317 the taxpayer has applied to the commission for a hearing in accordance with Sectionon the objection to the assessment; and 59-2-1007 the commission has not issued a written decision on the objection to the assessment in accordance with Section. 59-2-1007 A taxpayer that pays the full amount of taxes due under Subsectionis not required to pay penalties or interest on an assessment described in Subsectionunless: (10)(a) (10)(a) a final and unappealable judgment or order establishing that the property described in Subsectionhas a value greater than the value stated on the notice required by Sectionis issued by: (10)(a) 59-2-1317 the commission; or a court of competent jurisdiction; and the taxpayer fails to pay the additional tax liability resulting from the final and unappealable judgment or order described in Subsectionwithin a 45-day period after the county bills the taxpayer for the additional tax liability. (10)(b)(i)
(11) Except as provided in Subsection, a payment that is required by this section shall be paid to a taxpayer: (11)(b) within 120 days after the day on which the final and unappealable judgment or order is issued in accordance with Subsection; or (4) if a judgment levy is imposed in accordance with Subsection: (9) if the payment to the taxpayer required by this section is $15,000 or more, no later than December 31 of the first year in which the judgment levy is imposed; and if the payment to the taxpayer required by this section is less than $15,000, within 120 days after the date the final and unappealable judgment or order is issued in accordance with Subsection. (4) A taxpayer may enter into an agreement: that establishes a time period other than a time period described in Subsectionfor making a payment to the taxpayer that is required by this section; and (11)(a) with: an authorized officer of a taxing entity for a tax imposed by a taxing entity; or an authorized officer of the state for a tax imposed by the state.