Bill Text: AZ HB2592 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Property tax; credit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-12 - Referred to House WM Committee [HB2592 Detail]
Download: Arizona-2014-HB2592-Introduced.html
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REFERENCE TITLE: property tax; credit |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2592 |
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Introduced by Representative Dial
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AN ACT
amending title 42, chapter 11, article 3, Arizona Revised Statutes, by adding section 42-11134; relating to property tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 42, chapter 11, article 3, Arizona Revised Statutes, is amended by adding section 42-11134, to read:
42-11134. Real property subject to action in rem by federal government
A. Real property subject to an action in rem filed by the federal government claiming ownership of the property on behalf of the United States government or any Indian tribe is exempt from taxation for all tax years occurring between the filing of the action through final resolution or dismissal of the action if the action in rem prevents the owner listed on the tax roll from transferring title to the property, using the property as collateral for loans or otherwise exercising or enjoying the rights and privileges of ownership during the tax year.
B. To claim eligibility under this section the owner listed on the tax roll must file with the assessor:
1. A certified copy of the action in rem.
2. An affidavit from the owner attesting that the action in rem is still pending and describing the impact of the action on the owner's property rights and privileges.
3. Other evidence requested by the assessor necessary to determine eligibility under this section.
C. If eligibility is determined, the assessor shall classify the property as exempt for the tax year.
D. If an owner listed on the tax roll for property subject to this section paid property tax for a tax year that the property would have qualified as exempt under the requirements of this section, the owner is entitled to claim a credit for the amount of property taxes paid on the property pursuant to section 42‑1118, subsection A. A refund or partial refund for any tax year is not allowed under section 42‑1118 for a claim under this section.
Sec. 2. Retroactivity; timely filing
A. This act applies retroactively to tax years beginning from and after December 31, 1993.
B. Any claim based on the retroactive application of this act is considered timely filed under section 42‑1106, Arizona Revised Statutes, if the claim for eligibility under section 42‑11134, Arizona Revised Statutes, as added by this act, was already filed or is filed with the assessor on or before December 31, 2014. A failure to file a claim on or before December 31, 2014 constitutes a waiver of any claim under section 42‑11134, Arizona Revised Statutes, as added by this act.
C. Any claim not based on the retroactive application of this act is not subject to subsection B of this section.
