Bill Text: VA HB437 | 2010 | Regular Session | Prefiled
Bill Title: Real property tax; permits localities to collect roll-back taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-16 - House: Left in Finance [HB437 Detail]
Download: Virginia-2010-HB437-Prefiled.html
10103145D Be it enacted by the General Assembly of Virginia: 1. That §58.1-3237 of the Code of Virginia is amended and reenacted as follows: §58.1-3237. Change in use or zoning of real estate assessed under ordinance; roll-back taxes. A. When real estate qualifies for assessment and taxation on
the basis of use under an ordinance adopted pursuant to this article, and the
use by which it qualified changes to a nonqualifying use, or the zoning of the
real estate is changed to a more intensive use at the request of the owner or
his agent, it shall be subject to additional taxes, hereinafter referred to as
roll-back taxes. Such additional taxes shall only be assessed against that
portion of such real estate which no longer qualifies for assessment and
taxation on the basis of use or zoning. Liability for roll-back taxes shall
attach and be paid to the treasurer only if the amount of tax due exceeds B. In localities which have not adopted a sliding scale ordinance, the roll-back tax shall be equal to the sum of the deferred tax for each of the five most recent complete tax years including simple interest on such roll-back taxes at a rate set by the governing body, no greater than the rate applicable to delinquent taxes in such locality pursuant to §58.1-3916 for each of the tax years; however, a locality may provide by ordinance that the roll-back taxes shall be extended to be equal to the sum of the deferred tax for up to each of the 10 most recent complete tax years, including the simple interest on such roll-back taxes. The deferred tax for each year shall be equal to the difference between the tax levied and the tax that would have been levied based on the fair market value assessment of the real estate for that year. In addition the taxes for the current year shall be extended on the basis of fair market value which may be accomplished by means of a supplemental assessment based upon the difference between the use value and the fair market value. C. In localities which have adopted a sliding scale ordinance, the roll-back tax shall be equal to the sum of the deferred tax from the effective date of the written agreement including simple interest on such roll-back taxes at a rate set by the governing body, which shall not be greater than the rate applicable to delinquent taxes in such locality pursuant to § 58.1-3916, for each of the tax years. The deferred tax for each year shall be equal to the difference between the tax levied and the tax that would have been levied based on the fair market value assessment of the real estate for that year and based on the highest tax rate applicable to the real estate for that year, had it not been subject to special assessment. In addition the taxes for the current year shall be extended on the basis of fair market value which may be accomplished by means of a supplemental assessment based upon the difference between the use value and the fair market value and based on the highest tax rate applicable to the real estate for that year. D. Liability to the roll-back taxes shall attach when a change
in use occurs, or a change in zoning of the real estate to a more intensive use
at the request of the owner or his agent occurs. Liability to the roll-back
taxes shall not attach when a change in ownership of the title takes place if
the new owner does not rezone the real estate to a more intensive use and
continues the real estate in the use for which it is classified under the
conditions prescribed in this article and in the ordinance. The owner of any
real estate which has been zoned to more intensive use at the request of the owner
or his agent as provided in subsection E, or otherwise subject to or liable for
roll-back taxes, shall, within E. Real property zoned to a more intensive use, at the request of the owner or his agent, shall be subject to and liable for the roll-back tax at the time such zoning is changed. The roll-back tax shall be levied and collected from the owner of the real estate in accordance with subsection D. Real property zoned to a more intensive use before July 1, 1988, at the request of the owner or his agent, shall be subject to and liable for the roll-back tax at the time the qualifying use is changed to a nonqualifying use. Real property zoned to a more intensive use at the request of the owner or his agent after July 1, 1988, shall be subject to and liable for the roll-back tax at the time of such zoning. Said roll-back tax, plus interest calculated in accordance with subsection B, shall be levied and collected at the time such property was rezoned. For property rezoned after July 1, 1988, but before July 1, 1992, no penalties or interest, except as provided in subsection B, shall be assessed, provided the said roll-back tax is paid on or before October 1, 1992. No real property rezoned to a more intensive use at the request of the owner or his agent shall be eligible for taxation and assessment under this article, provided that these provisions shall not be applicable to any rezoning which is required for the establishment, continuation, or expansion of a qualifying use. If the property is subsequently rezoned to agricultural, horticultural, or open space, it shall be eligible for consideration for assessment and taxation under this article only after three years have passed since the rezoning was effective. However, the owner of any real property that qualified for assessment and taxation on the basis of use, and whose real property was rezoned to a more intensive use at the owner's request prior to 1980, may be eligible for taxation and assessment under this article provided the owner applies for rezoning to agricultural, horticultural, open-space or forest use. The real property shall be eligible for assessment and taxation on the basis of the qualifying use for the tax year following the effective date of the rezoning. If any such real property is subsequently rezoned to a more intensive use at the owner's request, within five years from the date the property was initially rezoned to a qualifying use under this section, the owner shall be liable for roll-back taxes when the property is rezoned to a more intensive use. Additionally, the owner shall be subject to a penalty equal to fifty percent of the roll-back taxes due as determined under subsection B of this section. F. If real estate annexed by a city and granted use value assessment and taxation becomes subject to roll-back taxes, and such real estate likewise has been granted use value assessment and taxation by the county prior to annexation, the city shall collect roll-back taxes and interest for the maximum period allowed under this section and shall return to the county a share of such taxes and interest proportionate to the amount of such period, if any, for which the real estate was situated in the county. |