Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 260 First Substitute (2023GS)

Sponsor

Rep. Briscoe, J.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• increases the income limit for a claimant to qualify for a homeowner's credit;
• increases the income limit for a claimant to qualify for a renter's credit; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PROPERTY TAX INCOME REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel K. Briscoe
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions of the Property Tax Act. 
Highlighted Provisions:
This bill:
▸ increases the income limit for a claimant to qualify for a homeowner's credit;
▸ increases the income limit for a claimant to qualify for a renter's credit; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides retrospective operation.
Utah Code Sections Affected:
AMENDS:
59-2-1208
, as last amended by Laws of Utah 2021, Chapter 391
59-2-1209
, as last amended by Laws of Utah 2022, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-2-1208
 is amended to read:
59-2-1208.
Amount of homeowner's credit -- Cost-of-living adjustment --
Limitation -- General Fund as source of credit.
(1) (a) Subject to [
Subsections
] 
Subsection
 (2) [
and (4),
]
,
 for a calendar year beginning
on or after January 1, [
] 
, a claimant may claim a homeowner's credit that does not
exceed the following amounts:
If household income is
Homeowner's credit
$0 -- $[
11,785
] 
16,000
$1,027
$[
11,786
] 
16,001
 -- $[
15,716
]
21,500
$896
$[
15,717
] 
21,501
 -- $[
19,643
]
27,000
$768
$[
19,644
] 
27,001
 -- $[
23,572
]
32,500
$575
$[
23,573
] 
32,501
 -- $[
27,503
]
38,000
$448
$[
27,504
] 
38,001
 -- $[
31,198
]
44,000
$256
$[
31,199
] 
44,001
 -- $[
34,666
]
50,000
$126
(b) For a calendar year beginning on or after January 1, [
] 
, the commission
shall increase or decrease the household income eligibility amounts and the credits under
Subsection (1)(a) by a percentage equal to the percentage difference between the consumer
price index housing for the preceding calendar year and the consumer price index housing for
calendar year [
] 
.
(2) (a) An individual may not receive the homeowner's credit under this section or the
tax relief described in Subsection 
59-2-1202
(10)(a) on 20% of the fair market value of the
residence if:
(i) the individual is claimed as a personal exemption on another individual's federal
income tax return during any portion of a calendar year for which the individual seeks to claim
the homeowner's credit under this section;
(ii) the individual is a dependent with respect to whom another individual claims a tax
credit under Section 24(h)(4), Internal Revenue Code, during any portion of a calendar year for
which the individual seeks to claim the homeowner's credit under this section; or
(iii) the individual did not own the residence for the entire calendar year for which the
individual claims the homeowner's credit.
(b) For a calendar year in which a residence is sold, the amount received as a
homeowner's credit under this section or as tax relief described in Subsection 
59-2-1202
(10)(a)
on 20% of the fair market value of the residence shall be repaid to the county on or before the
day on which the sale of the residence closes.
(3) A payment for a homeowner's credit allowed by this section, and provided for in
Section 
59-2-1204
, shall be paid from the General Fund.
[
(4) For a calendar year that begins on or after January 1, 2018, after the commission
has adjusted the homeowner credit amount under Subsection (1)(b), the commission shall
increase each homeowner credit amount under Subsection (1) by the following amounts:
]
[
(a) for a calendar year that begins on January 1, 2018, $14;
]
[
(b) for a calendar year that begins on January 1, 2019, $22;
]
[
(c) for a calendar year that begins on January 1, 2020, $31;
]
[
(d) for a calendar year that begins on January 1, 2021, $40; and
]
[
(e) for a calendar year that begins on or after January 1, 2022, $49.
]
Section 2. Section 
59-2-1209
 is amended to read:
59-2-1209.
Amount of renter's credit -- Cost-of-living adjustment -- Renter's
credit may be claimed only for gross rent that does not constitute a rental assistance
payment -- Calculation of credit when rent includes utilities -- Limitation -- General Fund
as source of credit -- Maximum credit.
(1) (a) Subject to Subsections (2) and (3), for a calendar year beginning on or after
January 1, [
] 
, a claimant may claim a renter's credit for the previous calendar year
that does not exceed the following amounts:
If household income is
Percentage of gross rent allowed as a
credit
$0 -- $[
11,785
] 
16,000
9.5%
$[
11,786
] 
16,001
 -- $[
15,716
]
21,500
8.5%
$[
15,717
] 
21,501
 -- $[
19,643
]
27,000
7.0%
$[
19,644
] 
27,001
 -- $[
23,572
]
32,500
5.5%
$[
23,573
] 
32,501
 -- $[
27,503
]
38,000
4.0%
$[
27,504
] 
38,001
 -- $[
31,198
]
44,000
3.0%
$[
31,199
] 
44,001
 -- $[
34,666
]
50,000
2.5%
(b) For a calendar year beginning on or after January 1, [
] 
, the commission
shall increase or decrease the household income eligibility amounts under Subsection (1)(a) by
a percentage equal to the percentage difference between the consumer price index housing for
the preceding calendar year and the consumer price index housing for calendar year [
]
.
(2) A claimant may claim a renter's credit under this part only for gross rent that does
not constitute a rental assistance payment.
(3) For purposes of calculating gross rent when a claimant's rent includes electricity or
natural gas and the utility amount is not itemized in the statement provided in accordance with
Section 
59-2-1213
, the commission shall deduct from rent:
(a) 7% of rent if the rent includes electricity or natural gas but not both; or
(b) 13% of rent if the rent includes both electricity and natural gas.
(4) An individual may not receive the renter's credit under this section if the individual
is:
(a) claimed as a personal exemption on another individual's federal income tax return
during any portion of a calendar year for which the individual seeks to claim the renter's credit
under this section; or
(b) a dependent with respect to whom another individual claims a tax credit under
Section 24(h)(4), Internal Revenue Code, during any portion of a calendar year for which the
individual seeks to claim the renter's credit under this section.
(5) A payment for a renter's credit allowed by this section, and provided for in Section
59-2-1204
, shall be paid from the General Fund.
(6) A credit under this section may not exceed the maximum amount allowed as a
homeowner's credit for each income bracket under Subsection 
59-2-1208
(1)(a).
Section 3. 
Retrospective operation.
This bill has retrospective operation for a taxable year beginning on or after January 1,
2023.