Title 59 Revenue and Taxation Chapter 2 Property Tax Act Section 1104 Definitions -- Veteran's exemption -- Amount of veteran's exemption.
59-2-1104.Definitions -- Veteran's exemption -- Amount of veteran's exemption.
(1) As used in this section and Section 59-2-1105:
(a) "adjusted taxable value limit" means:
(i) for the year 2005, $200,000; and
(ii) for each year after 2005, the amount of the adjusted taxable value limit for the
previous year, plus an amount calculated by multiplying the amount of the adjusted taxable value
limit for the previous year by the actual percent change in the Consumer Price Index during the
previous calendar year;
(b) "claimant" means:
(i) a disabled veteran who files an application under Section 59-2-1105 for a veteran's
exemption;
(ii) the unmarried surviving spouse:
(A) of a:
(I) deceased disabled veteran; or
(II) veteran who was killed in action or died in the line of duty; and
(B) who files an application under Section 59-2-1105 for a veteran's exemption;
(iii) a minor orphan:
(A) of a:
(I) deceased disabled veteran; or
(II) veteran who was killed in action or died in the line of duty; and
(B) who files an application under Section 59-2-1105 for a veteran's exemption;
(c) "consumer price index" is as described in Section 1(f)(4), Internal Revenue Code, and
defined in Section 1(f)(5), Internal Revenue Code;
(d) "deceased disabled veteran" means a deceased person who was a disabled veteran at
the time the person died;
(e) "disabled veteran" means a disabled person who, during military training or a military
conflict, was disabled in the line of duty in the military service of the United States or the state;
(f) "military entity" means:
(i) the federal Department of Veterans Affairs; or
(ii) a component of the armed forces of:
(A) the United States; or
(B) the state;
(g) "residence" is as defined in Section 59-2-1202, except that a rented dwelling is not
considered to be a residence;
(h) "veteran who was killed in action or died in the line of duty" means a person who was
killed in action or died in the line of duty in the military service of the United States or the state,
regardless of whether that person was disabled at the time that person was killed in action or died
in the line of duty; and
(i) "veteran's exemption" means a property tax exemption provided for in Subsection (2).
(2) (a) The amount of taxable value of the property described in Subsection (2)(b) is
exempt from taxation as calculated under Subsections (2)(c) through (e) if the property described
in Subsection (2)(b) is owned by:
(i) a disabled veteran; or
(ii) the unmarried surviving spouse or a minor orphan of a:
(A) deceased disabled veteran; or
(B) veteran who was killed in action or died in the line of duty.
(b) Subsection (2)(a) applies to the following property:
(i) the claimant's primary residence;
(ii) tangible personal property that:
(A) is held exclusively for personal use; and
(B) is not used in a trade or business; or
(iii) a combination of Subsections (2)(b)(i) and (ii).
(c) Except as provided in Subsection (2)(d) or (e), the amount of taxable value of
property described in Subsection (2)(b) that is exempt under Subsection (2)(a) is:
(i) as described in Subsection (2)(f), if the property is owned by:
(A) a disabled veteran;
(B) the unmarried surviving spouse of a deceased disabled veteran; or
(C) a minor orphan of a deceased disabled veteran; or
(ii) equal to the total taxable value of the claimant's property described in Subsection
(2)(b) if the property is owned by:
(A) the unmarried surviving spouse of a veteran who was killed in action or died in the
line of duty; or
(B) a minor orphan of a veteran who was killed in action or died in the line of duty.
(d) Notwithstanding Subsection (2)(c)(i), a veteran's exemption may not be allowed
under this Subsection (2) if the percentage of disability listed on the certificate described in
Subsection 59-2-1105(3)(a) is less than 10%.
(e) Notwithstanding Subsection (2)(c)(i), a claimant who is the unmarried surviving
spouse or minor orphan of a deceased disabled veteran may claim a veteran's exemption for the
total value of the property described in Subsection (2)(b) if:
(i) the deceased disabled veteran served in the military service of the United States or the
state prior to January 1, 1921; and
(ii) the percentage of disability listed on the certificate described in Subsection
59-2-1105(3)(a) for the deceased disabled veteran is 10% or more.
(f) Except as provided in Subsection (2)(g), the amount of the taxable value of the
property described in Subsection (2)(b) that is exempt under Subsection (2)(c)(i) is equal to the
percentage of disability listed on the certificate described in Subsection 59-2-1105(3)(a)
multiplied by the adjusted taxable value limit.
(g) Notwithstanding Subsection (2)(f), the amount of the taxable value of the property
described in Subsection (2)(b) that is exempt under Subsection (2)(c)(i) may not be greater than
the taxable value of the property described in Subsection (2)(b).
Amended by Chapter 237, 2005 General Session
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