Title 59 Revenue and Taxation
Chapter 2 Property Tax Act
Section 924 Report of valuation of property to county auditor and commission -- Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified tax rate -- Rulemaking authority -- Adoption of tentative budget.
59-2-924. Report of valuation of property to county auditor and commission --
Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
tax rate -- Rulemaking authority -- Adoption of tentative budget.
(1) Before June 1 of each year, the county assessor of each county shall deliver to the
county auditor and the commission the following statements:
(a) a statement containing the aggregate valuation of all taxable real property assessed by
a county assessor in accordance with Part 3, County Assessment, for each taxing entity; and
(b) a statement containing the taxable value of all personal property assessed by a county
assessor in accordance with Part 3, County Assessment, from the prior year end values.
(2) The county auditor shall, on or before June 8, transmit to the governing body of each
taxing entity:
(a) the statements described in Subsections (1)(a) and (b);
(b) an estimate of the revenue from personal property;
(c) the certified tax rate; and
(d) all forms necessary to submit a tax levy request.
(3) (a) The "certified tax rate" means a tax rate that will provide the same ad valorem
property tax revenues for a taxing entity as were budgeted by that taxing entity for the prior year.
(b) For purposes of this Subsection (3):
(i) "Ad valorem property tax revenues" do not include:
(A) interest;
(B) penalties; and
(C) revenue received by a taxing entity from personal property that is:
(I) assessed by a county assessor in accordance with Part 3, County Assessment; and
(II) semiconductor manufacturing equipment.
(ii) "Aggregate taxable value of all property taxed" means:
(A) the aggregate taxable value of all real property assessed by a county assessor in
accordance with Part 3, County Assessment, for the current year;
(B) the aggregate taxable year end value of all personal property assessed by a county
assessor in accordance with Part 3, County Assessment, for the prior year; and
(C) the aggregate taxable value of all real and personal property assessed by the
commission in accordance with Part 2, Assessment of Property, for the current year.
(c) (i) Except as otherwise provided in this section, the certified tax rate shall be
calculated by dividing the ad valorem property tax revenues budgeted for the prior year by the
taxing entity by the amount calculated under Subsection (3)(c)(ii).
(ii) For purposes of Subsection (3)(c)(i), the legislative body of a taxing entity shall
calculate an amount as follows:
(A) calculate for the taxing entity the difference between:
(I) the aggregate taxable value of all property taxed; and
(II) any redevelopment adjustments for the current calendar year;
(B) after making the calculation required by Subsection (3)(c)(ii)(A), calculate an amount
determined by increasing or decreasing the amount calculated under Subsection (3)(c)(ii)(A) by
the average of the percentage net change in the value of taxable property for the equalization
period for the three calendar years immediately preceding the current calendar year;
(C) after making the calculation required by Subsection (3)(c)(ii)(B), calculate the
product of:
(I) the amount calculated under Subsection (3)(c)(ii)(B); and
(II) the percentage of property taxes collected for the five calendar years immediately
preceding the current calendar year; and
(D) after making the calculation required by Subsection (3)(c)(ii)(C), calculate an
amount determined by subtracting from the amount calculated under Subsection (3)(c)(ii)(C) any
new growth as defined in this section:
(I) within the taxing entity; and
(II) for the following calendar year:
(Aa) for new growth from real property assessed by a county assessor in accordance with
Part 3, County Assessment and all property assessed by the commission in accordance with
Section 59-2-201, the current calendar year; and
(Bb) for new growth from personal property assessed by a county assessor in accordance
with Part 3, County Assessment, the prior calendar year.
(iii) For purposes of Subsection (3)(c)(ii)(A), the aggregate taxable value of all property
taxed:
(A) except as provided in Subsection (3)(c)(iii)(B) or (3)(c)(ii)(C), is as defined in
Subsection (3)(b)(ii);
(B) does not include the total taxable value of personal property contained on the tax
rolls of the taxing entity that is:
(I) assessed by a county assessor in accordance with Part 3, County Assessment; and
(II) semiconductor manufacturing equipment; and
(C) for personal property assessed by a county assessor in accordance with Part 3,
County Assessment, the taxable value of personal property is the year end value of the personal
property contained on the prior year's tax rolls of the entity.
(iv) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or after
January 1, 2007, the value of taxable property does not include the value of personal property
that is:
(A) within the taxing entity assessed by a county assessor in accordance with Part 3,
County Assessment; and
(B) semiconductor manufacturing equipment.
(v) For purposes of Subsection (3)(c)(ii)(C)(II), for calendar years beginning on or after
January 1, 2007, the percentage of property taxes collected does not include property taxes
collected from personal property that is:
(A) within the taxing entity assessed by a county assessor in accordance with Part 3,
County Assessment; and
(B) semiconductor manufacturing equipment.
(vi) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or after
January 1, 2009, the value of taxable property does not include the value of personal property
that is within the taxing entity assessed by a county assessor in accordance with Part 3, County
Assessment.
(vii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may prescribe rules for calculating redevelopment adjustments for a calendar year.
(viii) (A) For purposes of Subsection (3)(c)(i), for a calendar year beginning on or after
January 1, 2010, a taxing entity's ad valorem property tax revenues budgeted for the prior year
shall be decreased by an amount of revenue equal to the five-year average of the most recent
prior five years of redemptions as reported on the county treasurer's final annual settlement
required under Subsection 59-2-1365(2).
(B) For the calendar year beginning on January 1, 2010 and ending on December 31,
2010, a taxing entity is exempt from the notice and public hearing provisions of Section 59-2-919
if the taxing entity budgets an increased amount of ad valorem property tax revenue equal to or
less than the taxing entity's five-year average of the most recent prior five years of redemptions as
reported on the county treasurer's final annual settlement required under Subsection
59-2-1365(2).
(d) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules determining the calculation of ad valorem property tax revenues
budgeted by a taxing entity.
(ii) For purposes of Subsection (3)(d)(i), ad valorem property tax revenues budgeted by a
taxing entity shall be calculated in the same manner as budgeted property tax revenues are
calculated for purposes of Section 59-2-913.
(e) The certified tax rates for the taxing entities described in this Subsection (3)(e) shall
be calculated as follows:
(i) except as provided in Subsection (3)(e)(ii), for new taxing entities the certified tax
rate is zero;
(ii) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
(A) in a county of the first, second, or third class, the levy imposed for municipal-type
services under Sections 17-34-1 and 17-36-9; and
(B) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
purposes and such other levies imposed solely for the municipal-type services identified in
Section 17-34-1 and Subsection 17-36-3(22); and
(iii) for debt service voted on by the public, the certified tax rate shall be the actual levy
imposed by that section, except that the certified tax rates for the following levies shall be
calculated in accordance with Section 59-2-913 and this section:
(A) school leeways provided for under Sections 11-2-7, 53A-16-110, 53A-17a-127,
53A-17a-133, 53A-17a-134, 53A-17a-143, and 53A-17a-145; and
(B) levies to pay for the costs of state legislative mandates or judicial or administrative
orders under Section 59-2-1604.
(f) (i) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 shall be
established at that rate which is sufficient to generate only the revenue required to satisfy one or
more eligible judgments, as defined in Section 59-2-102.
(ii) The ad valorem property tax revenue generated by the judgment levy shall not be
considered in establishing the taxing entity's aggregate certified tax rate.
(g) The ad valorem property tax revenue generated by the capital outlay levy described in
Section 53A-16-107 within a taxing entity in a county of the first class:
(i) may not be considered in establishing the school district's aggregate certified tax rate;
and
(ii) shall be included by the commission in establishing a certified tax rate for that capital
outlay levy determined in accordance with the calculation described in Subsection 59-2-913(3).
(4) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
(i) the taxable value of real property assessed by a county assessor contained on the
assessment roll;
(ii) the taxable value of real and personal property assessed by the commission; and
(iii) the taxable year end value of personal property assessed by a county assessor
contained on the prior year's assessment roll.
(b) For purposes of Subsection (4)(a)(i), the taxable value of real property on the
assessment roll does not include new growth as defined in Subsection (4)(c).
(c) "New growth" means:
(i) the difference between the increase in taxable value of the following property of the
taxing entity from the previous calendar year to the current year:
(A) real property assessed by a county assessor in accordance with Part 3, County
Assessment; and
(B) property assessed by the commission under Section 59-2-201; plus
(ii) the difference between the increase in taxable year end value of personal property of
the taxing entity from the year prior to the previous calendar year to the previous calendar year;
minus
(iii) the amount of an increase in taxable value described in Subsection (4)(e).
(d) For purposes of Subsection (4)(c)(ii), the taxable value of personal property of the
taxing entity does not include the taxable value of personal property that is:
(i) contained on the tax rolls of the taxing entity if that property is assessed by a county
assessor in accordance with Part 3, County Assessment; and
(ii) semiconductor manufacturing equipment.
(e) Subsection (4)(c)(iii) applies to the following increases in taxable value:
(i) the amount of increase to locally assessed real property taxable values resulting from
factoring, reappraisal, or any other adjustments; or
(ii) the amount of an increase in the taxable value of property assessed by the
commission under Section 59-2-201 resulting from a change in the method of apportioning the
taxable value prescribed by:
(A) the Legislature;
(B) a court;
(C) the commission in an administrative rule; or
(D) the commission in an administrative order.
(f) For purposes of Subsection (4)(a)(ii), the taxable year end value of personal property
on the prior year's assessment roll does not include:
(i) new growth as defined in Subsection (4)(c); or
(ii) the total taxable year end value of personal property contained on the prior year's tax
rolls of the taxing entity that is:
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
(B) semiconductor manufacturing equipment.
(5) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
(b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
auditor of:
(i) its intent to exceed the certified tax rate; and
(ii) the amount by which it proposes to exceed the certified tax rate.
(c) The county auditor shall notify property owners of any intent to levy a tax rate that
exceeds the certified tax rate in accordance with Sections 59-2-919 and 59-2-919.1.
Amended by Chapter 152, 2009 General Session
Amended by Chapter 204, 2009 General Session
Amended by Chapter 356, 2009 General Session
Amended by Chapter 388, 2009 General Session
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