§ 59-2-924 — Definitions -- Report of valuation of property to county auditor and commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the commission.

Utah § 59-2-924

• Jurisdiction: Utah
• Title 59: Revenue and Taxation
• Ch. 59-2: Property Tax Act
• Part 59-2-9: Levies

Text

(1) As used in this section:
(1)(a) (1)(a)(i) "Ad valorem property tax revenue" means revenue collected in accordance with this chapter.
(1)(a)(ii) "Ad valorem property tax revenue" does not include:
(1)(a)(ii)(A) interest;
(1)(a)(ii)(B) penalties;
(1)(a)(ii)(C) collections from redemptions; or
(1)(a)(ii)(D) revenue received by a taxing entity from personal property that is semiconductor manufacturing equipment assessed by a county assessor in accordance with Part 3, County Assessment.
(1)(b) "Adjusted tax increment" means the same as that term is defined in Section 17C-1-102.
(1)(c) (1)(c)(i) "Aggregate taxable value of all property taxed" means:
(1)(c)(i)(A) the aggregate taxable value of all real property a county assessor assesses in accordance with Part 3, County Assessment, for the current year;
(1)(c)(i)(B) the aggregate taxable value of all real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the current year; and
(1)(c)(i)(C) the aggregate year end taxable value of all personal property a county assessor assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity.
(1)(c)(ii) "Aggregate taxable value of all property taxed" does not include the aggregate year end taxable value of personal property that is:
(1)(c)(ii)(A) semiconductor manufacturing equipment assessed by a county assessor in accordance with Part 3, County Assessment; and
(1)(c)(ii)(B) contained on the prior year's tax rolls of the taxing entity.
(1)(d) "Base taxable value" means:
(1)(d)(i) for an authority created under Section 11-58-201, the same as that term is defined in Section 11-58-102;
(1)(d)(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, the same as that term is defined in Section 11-59-207;
(1)(d)(iii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the same as that term is defined in Section 11-70-101;
(1)(d)(iv) for an agency created under Section 17C-1-201.5, the same as that term is defined in Section 17C-1-102;
(1)(d)(v) for an authority created under Section 63H-1-201, the same as that term is defined in Section 63H-1-102;
(1)(d)(vi) for a host local government, the same as that term is defined in Section 63N-2-502;
(1)(d)(vii) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the same as that term is defined in Section 63N-3-602;
(1)(d)(viii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, a property's taxable value as shown upon the assessment roll last equalized during the base year, as that term is defined in Section 10-21-101 or Section 17-80-101;
(1)(d)(ix) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, a property's taxable value as shown upon the assessment roll last equalized during the base year, as that term is defined in Section 63N-3-1601;
(1)(d)(x) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, a property's taxable value as shown upon the assessment roll last equalized during the property tax base year, as that term is defined in Section 63N-3-1701; or
(1)(d)(xi) for an electrical energy development zone created under Section 79-6-1104, the value of the property within an electrical energy development zone, as shown on the assessment roll last equalized before the creation of the electrical development zone, as that term is defined in Section 79-6-1104.
(1)(e) "Centrally assessed benchmark value" means an amount equal to the average year end taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous three calendar years, adjusted for taxable value attributable to:
(1)(e)(i) an annexation to a taxing entity;
(1)(e)(ii) an incorrect allocation of taxable value of real or personal property the commission assesses in accordance with Part 2, Assessment of Property; or
(1)(e)(iii) a change in value as a result of a change in the method of apportioning the value prescribed by the Legislature, a court, or the commission in an administrative rule or administrative order.
(1)(f) "Centrally assessed industry" means the following industry classes the commission assesses in accordance with Part 2, Assessment of Property:
(1)(f)(i) air carrier;
(1)(f)(ii) coal;
(1)(f)(iii) coal load out property;
(1)(f)(iv) electric generation;
(1)(f)(v) electric rural;
(1)(f)(vi) electric utility;
(1)(f)(vii) gas utility;
(1)(f)(viii) ground access property;
(1)(f)(ix) land only property;
(1)(f)(x) liquid pipeline;
(1)(f)(xi) metalliferous mining;
(1)(f)(xii) nonmetalliferous mining;
(1)(f)(xiii) oil and gas gathering;
(1)(f)(xiv) oil and gas production;
(1)(f)(xv) oil and gas water disposal;
(1)(f)(xvi) railroad;
(1)(f)(xvii) sand and gravel; and
(1)(f)(xviii) uranium.
(1)(g) (1)(g)(i) "Centrally assessed new growth" means the greater of:
(1)(g)(i)(A) for each centrally assessed industry, zero; or
(1)(g)(i)(B) the amount calculated by subtracting the centrally assessed benchmark value for each centrally assessed industry, adjusted for prior year end incremental value, from the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for each centrally assessed industry for the current year, adjusted for current year incremental value.
(1)(g)(ii) "Centrally assessed new growth" does not include a change in value for a centrally assessed industry as a result of a change in the method of apportioning the value prescribed by the Legislature, a court, or the commission in an administrative rule or administrative order.
(1)(h) "Certified tax rate" means a tax rate that will provide the same ad valorem property tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
(1)(i) "Community reinvestment agency" means the same as that term is defined in Section 17C-1-102.
(1)(j) "Eligible new growth" means the greater of:
(1)(j)(i) zero; or
(1)(j)(ii) the sum of:
(1)(j)(ii)(A) locally assessed new growth;
(1)(j)(ii)(B) centrally assessed new growth; and
(1)(j)(ii)(C) project area new growth or hotel property new growth.
(1)(k) "Host local government" means the same as that term is defined in Section 63N-2-502.
(1)(l) "Hotel property" means the same as that term is defined in Section 63N-2-502.
(1)(m) "Hotel property new growth" means an amount equal to the incremental value that is no longer provided to a host local government as incremental property tax revenue.
(1)(n) "Incremental property tax revenue" means the same as that term is defined in Section 63N-2-502.
(1)(o) "Incremental value" means:
(1)(o)(i) for an authority created under Section 11-58-201, the amount calculated by multiplying:
(1)(o)(i)(A) the difference between the taxable value and the base taxable value of the property that is located within a project area and on which property tax differential is collected; and
(1)(o)(i)(B) the number that represents the percentage of the property tax differential that is paid to the authority;
(1)(o)(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, an amount calculated by multiplying:
(1)(o)(ii)(A) the difference between the current assessed value of the property and the base taxable value; and
(1)(o)(ii)(B) the number that represents the percentage of the property tax augmentation, as defined in Section 11-59-207, that is paid to the Point of the Mountain State Land Authority;
(1)(o)(iii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the amount calculated by multiplying:
(1)(o)(iii)(A) the difference between the taxable value for the current year and the base taxable value of the property that is located within a project area; and
(1)(o)(iii)(B) the number that represents the percentage of enhanced property tax revenue, as defined in Section 11-70-101;
(1)(o)(iv) for an agency created under Section 17C-1-201.5, the amount calculated by multiplying:
(1)(o)(iv)(A) the difference between the taxable value and the base taxable value of the property located within a project area and on which tax increment is collected; and
(1)(o)(iv)(B) the number that represents the adjusted tax increment from that project area that is paid to the agency;
(1)(o)(v) for an authority created under Section 63H-1-201, the amount calculated by multiplying:
(1)(o)(v)(A) the difference between the taxable value and the base taxable value of the property located within a project area and on which property tax allocation is collected; and
(1)(o)(v)(B) the number that represents the percentage of the property tax allocation from that project area that is paid to the authority;
(1)(o)(vi) for a housing and transit reinvestment zone or convention center reinvestment zone created in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, an amount calculated by multiplying:
(1)(o)(vi)(A) the difference between the taxable value and the base taxable value of the property that is located within a housing and transit reinvestment zone or convention center reinvestment zone and on which tax increment is collected; and
(1)(o)(vi)(B) the number that represents the percentage of the tax increment that is paid to the housing and transit reinvestment zone or convention center reinvestment zone;
(1)(o)(vii) for a host local government, an amount calculated by multiplying:
(1)(o)(vii)(A) the difference between the taxable value and the base taxable value of the hotel property on which incremental property tax revenue is collected; and
(1)(o)(vii)(B) the number that represents the percentage of the incremental property tax revenue from that hotel property that is paid to the host local government;
(1)(o)(viii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, an amount calculated by multiplying:
(1)(o)(viii)(A) the difference between the taxable value and the base taxable value of the property that is located within a home ownership promotion zone and on which tax increment is collected; and
(1)(o)(viii)(B) the number that represents the percentage of the tax increment that is paid to the home ownership promotion zone;
(1)(o)(ix) for a first home investment zone created in accordance with Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, an amount calculated by multiplying:
(1)(o)(ix)(A) the difference between the taxable value and the base taxable value of the property that is located within a first home investment zone and on which tax increment is collected; and
(1)(o)(ix)(B) the number that represents the percentage of the tax increment that is paid to the first home investment zone;
(1)(o)(x) for a major sporting event venue zone created pursuant to Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, an amount calculated by multiplying:
(1)(o)(x)(A) the difference between the taxable value and the base taxable value of the property located within a qualified development zone for a major sporting event venue zone and upon which property tax increment is collected; and
(1)(o)(x)(B) the number that represents the percentage of tax increment that is paid to the major sporting event venue zone, as approved by a major sporting event venue zone committee described in Section 63N-1a-1706; or
(1)(o)(xi) for an electrical energy development zone created under Section 79-6-1104, the amount calculated by multiplying:
(1)(o)(xi)(A) the difference between the taxable value and the base taxable value of the property that is located within the electrical energy developmental zone; and
(1)(o)(xi)(B) the number that represents the percentage of the tax increment that is paid to a community reinvestment agency and the Electrical Energy Development Investment Fund created in Section 79-6-1105.
(1)(p) (1)(p)(i) "Locally assessed new growth" means the greater of:
(1)(p)(i)(A) zero; or
(1)(p)(i)(B) the amount calculated by subtracting the year end taxable value of real property the county assessor assesses in accordance with Part 3, County Assessment, for the previous year, adjusted for prior year end incremental value from the taxable value of real property the county assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted for current year incremental value.
(1)(p)(ii) "Locally assessed new growth" does not include a change in:
(1)(p)(ii)(A) value as a result of factoring in accordance with Section 59-2-704, reappraisal, or another adjustment;
(1)(p)(ii)(B) assessed value based on whether a property is allowed a residential exemption for a primary residence under Section 59-2-103;
(1)(p)(ii)(C) assessed value based on whether a property is assessed under Part 5, Farmland Assessment Act; or
(1)(p)(ii)(D) assessed value based on whether a property is assessed under Part 17, Urban Farming Assessment Act.
(1)(q) "Project area" means:
(1)(q)(i) for an authority created under Section 11-58-201, the same as that term is defined in Section 11-58-102;
(1)(q)(ii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the same as that term is defined in Section 11-70-101;
(1)(q)(iii) for an agency created under Section 17C-1-201.5, the same as that term is defined in Section 17C-1-102;
(1)(q)(iv) for an authority created under Section 63H-1-201, the same as that term is defined in Section 63H-1-102;
(1)(q)(v) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the same as that term is defined in Section 63N-3-602;
(1)(q)(vi) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, the same as that term is defined in Section 10-21-101 or Section 17-80-101;
(1)(q)(vii) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, the same as that term is defined in Section 63N-3-1601; or
(1)(q)(viii) for a major sporting event venue zone established under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, the qualified development zone, as defined in Section 63N-3-1701.
(1)(r) "Project area new growth" means:
(1)(r)(i) for an authority created under Section 11-58-201, an amount equal to the incremental value that is no longer provided to an authority as property tax differential;
(1)(r)(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, an amount equal to the incremental value that is no longer provided to the Point of the Mountain State Land Authority as property tax augmentation, as defined in Section 11-59-207;
(1)(r)(iii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, an amount equal to the incremental value that is no longer provided to the Utah Fairpark Area Investment and Restoration District;
(1)(r)(iv) for an agency created under Section 17C-1-201.5, an amount equal to the incremental value that is no longer provided to an agency as tax increment;
(1)(r)(v) for an authority created under Section 63H-1-201, an amount equal to the incremental value that is no longer provided to an authority as property tax allocation;
(1)(r)(vi) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, an amount equal to the incremental value that is no longer provided to a housing and transit reinvestment zone or convention center reinvestment zone as tax increment;
(1)(r)(vii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, an amount equal to the incremental value that is no longer provided to a home ownership promotion zone as tax increment;
(1)(r)(viii) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, an amount equal to the incremental value that is no longer provided to a first home investment zone as tax increment; or
(1)(r)(ix) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, an amount equal to the incremental value that is no longer provided to the creating entity of a major sporting event venue zone as property tax increment.
(1)(s) "Project area incremental revenue" means the same as that term is defined in Section 17C-1-1001.
(1)(t) "Property tax allocation" means the same as that term is defined in Section 63H-1-102.
(1)(u) "Property tax differential" means the same as that term is defined in Sections 11-58-102 and 79-6-1104.
(1)(v) "Tax increment" means:
(1)(v)(i) for a project created under Section 17C-1-201.5, the same as that term is defined in Section 17C-1-102;
(1)(v)(ii) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the same as the term "property tax increment" is defined in Section 63N-3-602;
(1)(v)(iii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, the same as that term is defined in Section 10-21-101 or Section 17-80-101;
(1)(v)(iv) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, the same as that term is defined in Section 63N-3-1601; or
(1)(v)(v) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, property tax increment, as that term is defined in Section 63N-3-1701.
(2) Before June 1 of each year, each county assessor shall deliver to the county auditor and the commission the following statements:
(2)(a) a statement containing the aggregate valuation of all taxable real property a county assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
(2)(b) a statement containing the taxable value of all personal property a county assessor assesses in accordance with Part 3, County Assessment, from the prior year end values.
(3) The county auditor shall, on or before June 8, transmit to the governing body of each taxing entity:
(3)(a) the statements described in Subsections (2)(a) and (b);
(3)(b) an estimate of the revenue from personal property;
(3)(c) the certified tax rate; and
(3)(d) all forms necessary to submit a tax levy request.
(4) (4)(a) Except as otherwise provided in this section, the certified tax rate shall be calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the prior year by the amount calculated under Subsection (4)(b).
(4)(b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall calculate an amount as follows:
(4)(b)(i) calculate for the taxing entity the difference between:
(4)(b)(i)(A) the aggregate taxable value of all property taxed; and
(4)(b)(i)(B) any adjustments for current year incremental value;
(4)(b)(ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) 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;
(4)(b)(iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product of:
(4)(b)(iii)(A) the amount calculated under Subsection (4)(b)(ii); and
(4)(b)(iii)(B) the percentage of property taxes collected for the five calendar years immediately preceding the current calendar year; and
(4)(b)(iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount determined by:
(4)(b)(iv)(A) multiplying the percentage of property taxes collected for the five calendar years immediately preceding the current calendar year by eligible new growth; and
(4)(b)(iv)(B) subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the amount calculated under Subsection (4)(b)(iii).
(5) A certified tax rate for a taxing entity described in this Subsection (5) shall be calculated as follows:
(5)(a) except as provided in Subsection (5)(b) or (c), for a new taxing entity, the certified tax rate is zero;
(5)(b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
(5)(b)(i) in a county of the first, second, or third class, the levy imposed for municipal-type services under Title 17, Chapter 78, Part 5, Provision of Municipal-Type Services to Unincorporated Areas; and
(5)(b)(ii) 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 17-78-501 and Subsection 17-63-101(23);
(5)(c) for a community reinvestment agency that received all or a portion of a taxing entity's project area incremental revenue in the prior year under Title 17C, Chapter 1, Part 10, Agency Taxing Authority, the certified tax rate is calculated as described in Subsection (4) except that the commission shall treat the total revenue transferred to the community reinvestment agency as ad valorem property tax revenue that the taxing entity budgeted for the prior year; and
(5)(d) for debt service voted on by the public, the certified tax rate is the actual levy imposed by that section, except that a certified tax rate for the following levies shall be calculated in accordance with Section 59-2-913 and this section:
(5)(d)(i) a school levy provided for under Section 53F-8-301, 53F-8-302, or 53F-8-303; and
(5)(d)(ii) a levy to pay for the costs of state legislative mandates or judicial or administrative orders under Section 59-2-1602.
(6) (6)(a) A taxing entity may impose a judgment levy under Section 59-2-1328 or 59-2-1330 at a rate that is sufficient to generate only the revenue required to satisfy one or more eligible judgments.
(6)(b) The ad valorem property tax revenue generated by a judgment levy described in Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax rate.
(7) (7)(a) For the purpose of calculating the certified tax rate, the county auditor shall use:
(7)(a)(i) the taxable value of real property:
(7)(a)(i)(A) the county assessor assesses in accordance with Part 3, County Assessment; and
(7)(a)(i)(B) contained on the assessment roll;
(7)(a)(ii) the year end taxable value of personal property:
(7)(a)(ii)(A) a county assessor assesses in accordance with Part 3, County Assessment; and
(7)(a)(ii)(B) contained on the prior year's assessment roll; and
(7)(a)(iii) the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property.
(7)(b) For purposes of Subsection (7)(a), taxable value does not include eligible new growth.
(8) (8)(a) On or before June 30 of each year, a taxing entity shall adopt a tentative budget.
(8)(b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall notify the county auditor of:
(8)(b)(i) the taxing entity's intent to exceed the certified tax rate; and
(8)(b)(ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
(8)(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.
(9) (9)(a) Subject to Subsection (9)(d), the commission shall provide notice, through electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim Committee if:
(9)(a)(i) the amount calculated under Subsection (9)(b) is 10% or more of the year end taxable value of the real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental value; and
(9)(a)(ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end taxable value of the real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the previous year.
(9)(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by subtracting the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the current year, adjusted for current year incremental value, from the year end taxable value of the real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental value.
(9)(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by subtracting the total taxable value of real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the current year, from the total year end taxable value of the real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the previous year.
(9)(d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet the requirement under Subsection (9)(a)(ii).

Legislative History

Amended by Chapter 15, 2025 Special Session 1