JurisdictionUtahTitle 59Revenue and Taxation
Ch. 59-2aTax Relief Through Property Tax
Part 59-2a-6Active Duty Armed Forces Exemption
This text of Utah § 59-2a-602 (Application -- Rulemaking authority.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)An active duty claimant shall:
(1)(a) file an application as described in Subsection (2) in the year after the year during which the active duty claimant completes the qualifying active duty military service; and
(1)(b) if the active duty claimant meets the requirements of this section, claim one exemption only in the year the active duty claimant files the application.
(2)(2)(a) Except as provided in Section 59-2a-108 or Subsection (3), an active duty claimant shall, on or before September 1 of the calendar year for which the active duty claimant is applying for the exemption, file an application for an exemption with the county in which the active duty claimant resides on September 1 of that calendar year.
(2)(b) An application described in Subsection (2)(a) shall include:
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(1) An active duty claimant shall:
(1)(a) file an application as described in Subsection (2) in the year after the year during which the active duty claimant completes the qualifying active duty military service; and
(1)(b) if the active duty claimant meets the requirements of this section, claim one exemption only in the year the active duty claimant files the application.
(2) (2)(a) Except as provided in Section 59-2a-108 or Subsection (3), an active duty claimant shall, on or before September 1 of the calendar year for which the active duty claimant is applying for the exemption, file an application for an exemption with the county in which the active duty claimant resides on September 1 of that calendar year.
(2)(b) An application described in Subsection (2)(a) shall include:
(2)(b)(i) a completed travel voucher or other satisfactory evidence of eligible military service; and
(2)(b)(ii) a statement that lists the dates on which the 200 days of qualifying active duty military service began and ended.
(2)(c) A county that receives an application described in Subsection (2)(a) shall, within 30 days after the day on which the county received the application, provide the active duty claimant with a receipt that states that the county received the active duty claimant's application.
(3) A county shall extend the September 1 application deadline by one additional year if the county legislative body determines that:
(3)(a) the active duty claimant or a member of the active duty claimant's immediate family had an illness or injury that prevented the active duty claimant from filing the application on or before the September 1 application deadline;
(3)(b) a member of the active duty claimant's immediate family died during the calendar year of the September 1 application deadline;
(3)(c) the active duty claimant was not physically present in the state for a time period of at least six consecutive months during the calendar year of the September 1 application deadline; or
(3)(d) the failure of the active duty claimant to file the application on or before the September 1 application deadline:
(3)(d)(i) would be against equity or good conscience; and
(3)(d)(ii) was beyond the reasonable control of the active duty claimant.
(4) After issuing the receipt described in Subsection (2)(c), a county may not require an active duty claimant to file another application under Subsection (2)(a), except under the following circumstances:
(4)(a) a change in the active duty claimant's ownership of the active duty claimant's primary residence; or
(4)(b) a change in the active duty claimant's occupancy of the primary residence for which the active duty claimant claims an exemption under this section.
(5) A county may verify that real property for which an active duty claimant applies for an exemption is the active duty claimant's primary residence.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule:
(6)(a) establish procedures and requirements for amending an application described in Subsection (2);
(6)(b) for purposes of Subsection (3), define the terms:
(6)(b)(i) "immediate family"; or
(6)(b)(ii) "physically present"; or
(6)(c) for purposes of Subsection (3)(d), prescribe the circumstances under which the failure of an active duty claimant to file an application on or before the September 1 application deadline:
(6)(c)(i) would be against equity or good conscience; and
(6)(c)(ii) is beyond the reasonable control of an active duty claimant.