§ 39-11-105 — Exemptions

Wyoming § 39-11-105

• Jurisdiction: Wyoming
• Title 39: Taxation and Revenue
• Ch. 11: ADMINISTRATION

Text

(a) The following property is exempt from property
taxation:
(i) Property owned by the United States the majority
of which is used primarily for a governmental purpose. The
following property is not owned and used primarily for a
governmental purpose:
(A) Improvements placed on federal lands by
persons for private or commercial use;
(B) Improvements furnished by the federal
government to employees other than enlisted and officer
personnel of the armed forces as a place of residence;
(C) Improvements and equipment rented, leased,
loaned or furnished by the federal government to employees or
groups of employees for the purpose of operating enterprises for
which there is a service or admission charge;
(D) The equity or interest of the purchaser, his
heirs, executors or assigns, in any real property being
purchased from the United States government under a contract of
sale, the value thereof to be determined by taking the market
value of the real property and deducting the amount of principal
and accrued interest owing to the United States on January 1 of
the year for which the property is assessed;
(E) Lands entered under any act of congress when
final proof of ownership has been issued before February 1
whether or not patent for the lands has been issued.
(ii) Subject to paragraph (xlvi) of this subsection,
property of the state of Wyoming that is owned and used
primarily for a governmental purpose is exempt from property
taxation. For purposes of this paragraph "governmental purpose"
includes the lease of state school lands and state land leased
for agricultural purposes. The following property is not owned
and used primarily for a governmental purpose:
(A) Improvements placed on state lands by
lessees for private or commercial use;
(B) Improvements furnished by the state to
employees as a place of residence;
(C) Improvements and equipment rented, leased,
loaned or furnished by the state to employees or groups of
employees for the purpose of operating enterprises for which
there is a service or admission charge;
(D) The equity or interest of the purchaser, his
heirs, executors or assigns, in any land being purchased from
the state of Wyoming under a contract of sale, the value thereof
to be determined by taking the market value of the lands and
deducting the amount of principal and accrued interest owing to
the state of Wyoming on January 1 of the year for which the
property is assessed.
(iii) Property owned and used by counties primarily
for a governmental purpose;
(iv) Property of a Wyoming school district owned and
used primarily for a governmental purpose excluding teacherages;
(v) Property of Wyoming cities and towns owned and
used primarily for a governmental purpose including:
(A) Streets and alleys and property used for the
construction, reconstruction, maintenance and repair of streets
and alleys;
(B) Property used to furnish sewer and water
services;
(C) City or town halls, police stations and
equipment, traffic control equipment, garbage collection and
disposal equipment and lands and buildings used to service and
repair the halls, stations or equipment;
(D) Parks, airports, auditoriums, cemeteries,
golf courses, playgrounds and recreational facilities. Any
charges for the use of the facilities shall not exceed the cost
of operation and maintenance to qualify for the exemption;
(E) Personal property used exclusively for the
care, preservation and administration of city or town property;
(F) Parking lots operated on a nonprofit basis.
(vi) Property of a public library used for library
purposes;
(vii) Real property used:
(A) Exclusively for religious worship, church
schools and church parsonages; or
(B) For religious education camps which are used
exclusively for religious educational training, associated
fellowship activities or worship and are not used for private
profit nor for commercial purposes.
(viii) Property of a cemetery used for cemetery
purposes;
(ix) Property of:
(A) A nonprofit organization, corporation,
cooperative or association which is exclusively a water utility
engaged in the production, gathering, transmission, distribution
or sale of water for domestic use in Wyoming; and
(B) Any other organization, corporation,
cooperative or association which is a water utility, if the
property is used in the production, gathering, transmission,
distribution or sale of water for domestic use in Wyoming.
(x) Fire engines, stations, including land upon which
located, and equipment used to extinguish fires;
(xi) Personal property held for personal or family
use excluding mobile homes required to be titled under W.S.
31-2-501 through 31-2-508;
(xii) Inventories;
(xiii) Vehicles subject to registration as defined by
W.S. 31-4-101(a)(i) and 31-18-201(a) and registered as provided
by law;
(xiv) Vehicles owned by the United States, state of
Wyoming, counties, cities, towns, school districts and municipal
corporations when used primarily for a governmental purpose;
(xv) Snowmobiles;
(xvi) Property of a museum or hospital district;
(xvii) In transit property;
(xviii) Property owned by the Wyoming community
development authority excluding assessments for local
improvements;
(xix) Property of charitable trusts, the purpose of
which conforms to W.S. 4-10-406(a) and which is directly
beneficial to the people of this state;
(xx) Property used for pollution control to the
extent provided by W.S. 35-11-1103;
(xxi) Repealed by Laws 2009, Ch. 168, § 207.
(xxii) Property owned by a water and sewer district;
(xxiii) Property of a water conservancy district;
(xxiv) The property of veterans to the extent
provided by W.S. 39-13-105;
(xxv) Property used for schools, museums, orphan
asylums or hospitals to the extent they are not used for private
profit. As used in this paragraph, "museum" means as defined in
W.S. 34-23-101(a)(iv);
(xxvi) Property owned and used by a secret and
benevolent society or association which is directly beneficial
to the people of this state to the extent it is not used for
private profit nor primarily for commercial purposes by the
society, association or lessee thereof;
(xxvii) Property owned by a nonprofit society,
foundation or association and used primarily as a community area
center in which presentations in music, the arts and related
fields are made in order to foster public interest and education
therein, to the extent and in the proportion that receipts and
revenues attributable to the above specified presentations bear
to total receipts and revenues from the use and operation of the
center including rentals and revenues received for the
commercial use of the center not attributable to the above
specified presentations;
(xxviii) Lands for mines or mining claims as
prescribed by section 3, article 15, Wyoming constitution and
defined by W.S. 39-11-102(c)(viii);
(xxix) Intangible personal property as provided by
subsection (b) of this section, and except as specified in W.S.
39-13-103(b)(xi);
(xxx) Other property as provided by law;
(xxxi) All livestock including livestock in feed lots
being fed for slaughter. This exemption applies only to ad
valorem taxation. Any other special tax which is levied on
livestock for a particular purpose based on the assessment value
established by the department of revenue is not affected by this
exemption;
(xxxii) Any improvement to residential property
making entrance to or common facilities within the property
accessible to a handicapped person;
(xxxiii) Real and personal property owned by an
irrigation district created under W.S. 41-7-201 through 41-7-210
or a weed and pest control district created under W.S. 11-5-101
et seq. which is essential to the operation and maintenance of
the district and which is used for no business or commercial
activity unrelated to the operation and maintenance of the
district;
(xxxiv) Mobile machinery registered under W.S.
31-18-203 through 31-18-208;
(xxxv) Property owned and used by a nonprofit
corporation serving persons with disabilities, mental illnesses
or substance abuse problems, or operating a family violence
project to the extent it is not used for private profit nor
primarily for commercial purposes;
(xxxvi) Real property owned by the Wyoming game and
fish commission. Nothing in this exemption affects the special
tax levied under W.S. 39-13-103(b)(xii);
(xxxvii) Property owned by a conservation district
formed pursuant to the Wyoming Conservation Districts Law, W.S.
11-16-101 through 11-16-134;
(xxxviii) Any improvements and land amenities,
including but not limited to streets, curbs, gutters, utilities,
sewer or water infrastructure that may contribute to the value
of the land, on real property owned by a community development
organization. The amount of the exemption shall be reported by
the county assessor on the abstract submitted to the state board
of equalization as prescribed by W.S. 39-11-102.1(c)(ii). This
exemption shall cease to apply to improvements and land
amenities on real property from and after the date the real
property is sold or leased by the community development
organization. As used in this paragraph, "community development
organization" means a group of private citizens organized as a
business entity authorized to do business in this state for the
purpose of working with new, existing or expanding business for
the creation of new jobs, capital investment and other economic
or community development benefits throughout its community or
county, which organization is authorized as a nonprofit
commercially oriented organization under 26 U.S.C. section
501(c)(3) or (6). In addition, the executive head of the
community development association shall certify under oath to
the assessor that:
(A) The organization has no private stock and
does not distribute profit to its owners or members;
(B) The organization utilizes the real property
subject to this paragraph to attract new businesses to the
community for the purpose of creating new jobs, capital
investment and economic development;
(C) Each of the organization's officers,
directors and employees has agreed in writing that proprietary
information, confidential information and any other information
which has not been publicly released shall not be used in any
way for business, personal or family gain; and
(D) The lease, sale or other transfer of the
real property subject to this paragraph is open to potential
prospects of the community development organization which will
further the purposes specified in subparagraph (B) of this
paragraph and is not limited to the members of the organization.
(xxxix) Property owned and used by any fraternal
organization officially recognized by the University of Wyoming
or any Wyoming community college to the extent it is not used
for private profit nor primarily for commercial purposes by the
organization;
(xl) Property owned and used by any senior citizens
center to the extent it is not used for private profit nor
primarily for commercial purposes by the center;
(xli) Property owned and used by a charitable society
or association, if the property is not for investment purposes
but rather the property is used directly for the operation of
the charity and which is directly beneficial to the people of
this state;
(xlii) If a person owns two thousand four hundred
dollars ($2,400.00) or less in fair market value of business
property in one (1) county, the business property shall be
exempt as de minimis business property. As used in this
paragraph, "business property" means taxable personal property
excluding any property that is exempt under W.S. 39-11-
105(a)(xi) as personal property held for personal or family use.
Note: Effective 1/1/2026 this paragraph will read as:
(xlii) The first seventy-five thousand dollars
($75,000.00) in fair market value of business property owned by
a person in each county shall be exempt from taxation. As used
in this paragraph, "business property" means taxable personal
property excluding any property that is exempt under W.S. 39-11-
105(a)(xi) as personal property held for personal or family use.
(xliii) A portion of a single family residential
structure. The following shall apply to the exemption under this
paragraph:
(A) Subject to subparagraph (B) of this
paragraph, the amount of the exemption under this paragraph
shall be any assessed value of the single family residential
structure that is in excess of the prior year assessed value
less any exemption authorized under this paragraph in the prior
year, plus four percent (4%);
(B) The exemption under this paragraph is not
applicable and the property shall be valued at full value if:
(I) The increase in value is attributable
to structural changes to the single family residential structure
including new construction or additions to an existing
structure; or
(II) The owner acquired the property during
the prior calendar year. The following shall not be deemed to be
an acquisition of property under this subdivision:
(1) A transfer of property between
spouses;
(2) A transfer of property pursuant to
a court order including to effectuate a settlement agreement or
in compliance with a decree of divorce or judicial separation;
(3) A transfer of property to a trust
established for the benefit of the prior owner;
(4) A transfer of property to a
corporation, partnership or limited liability company if the
prior owner of the property is a shareholder or owner of the
corporation, partnership or limited liability company;
(5) Any other transfer of property
that the department determines by rule should not be an
acquisition of property due to the relationship of the parties.
(C) The department shall adopt rules necessary
to administer the exemption under this paragraph;
(D) As used in this paragraph, "single family
residential structure" means a structure intended for human
habitation including a house, modular home, mobile home,
townhouse or condominium that is a privately owned single family
dwelling unit.
(xliv) A portion of improved land associated with a
single family residential structure. The following shall apply
to the exemption under this paragraph:
(A) Subject to subparagraph (B) of this
paragraph, the amount of the exemption under this paragraph
shall be any assessed value of improved land associated with a
residential structure that is in excess of the prior year
assessed value less any exemption authorized under this
paragraph in the prior year, plus four percent (4%);
(B) The exemption under this paragraph is not
applicable and the property shall be valued at full value if the
owner acquired the property during the prior calendar year. The
following shall not be deemed to be an acquisition of property
under this subparagraph:
(I) A transfer of property between spouses;
(II) A transfer of property pursuant to a
court order including to effectuate a settlement agreement or in
compliance with a decree of divorce or judicial separation;
(III) A transfer of property to a trust
established for the benefit of the prior owner;
(IV) A transfer of property to a
corporation, partnership or limited liability company if the
prior owner of the property is a shareholder or owner of the
corporation, partnership or limited liability company;
(V) Any other transfer of property that the
department determines by rule should not be an acquisition of
property due to the relationship of the parties.
(C) The department shall adopt rules necessary
to administer the exemption under this paragraph;
(D) As used in this paragraph, "improved land
associated with a single family residential structure" means
land that is improved by a structure intended for human
habitation including a house, modular home, mobile home,
townhouse or condominium that is a privately owned single family
dwelling unit.
(xlv) A portion of property used as a primary
residence by long-term homeowners as provided in this paragraph.
The following shall apply to this exemption:
Note: this paragraph is repealed effective as of 7/1/2027.
(A) For residential real property used as a
primary residence, if the owner or their spouse is sixty-five
(65) years of age or older and the owner or their spouse has
paid residential property tax in Wyoming for twenty-five (25)
years or more on any residential property, the amount of the
exemption shall be fifty percent (50%) of the assessed value of
the residential real property;
(B) Not more than one (1) exemption under this
paragraph shall apply to the same property in any year and no
owner shall claim more than one (1) exemption under this
paragraph in any year including property that houses more than
one (1) family. To claim an exemption under this paragraph the
owner of the residential real property shall submit a claim to
the county assessor not later than the fourth Monday in May each
year on forms provided by the department of revenue
demonstrating that the person is the owner of the property, that
the person or the person's spouse is sixty-five (65) years of
age or older and has paid residential property tax in Wyoming
for twenty-five (25) years or more on any residential property
and that the property is the person's primary residence. A
surviving spouse of a person who qualified under this paragraph
and who would not otherwise qualify under this paragraph shall
continue to qualify for the exemption under this paragraph.
False claims are punishable as provided by W.S. 6-5-303;
(C) As used in this paragraph:
(I) "Owner" means any of the following
provided that no other person who may qualify as a co-owner
shall apply for an exemption under this paragraph for the same
property in the same year:
(1) A person who occupies and owns a
primary residence either solely or with other owners;
(2) A person who occupies a primary
residence as a vendee in possession under a contract of sale;
(3) A person who occupies a primary
residence owned by a corporation, partnership or limited
liability company if the owner of the property is a shareholder
or owner of the corporation, partnership or limited liability
company;
(4) A person who occupies a primary
residence that is held in a trust established by or for the
benefit of the occupant; or
(5) Military personnel who declare
Wyoming as their domicile.
(II) "Primary residence" means residential
real property where the person claiming the exemption actually
resides for not less than eight (8) months of the year;
(III) "Residential real property" means
real property improved by a dwelling designed to house not more
than four (4) families and includes associated residential land
up to thirty-five (35) acres where the dwelling is located if
the land is owned by the owner of the dwelling. The dwelling may
include any type of residence including a single family home, an
individual condominium unit, a mobile home or a trailer if the
dwelling is used as a primary residence.
(xlvi) A portion of a single family residential
structure and the associated improved land as a homeowner tax
exemption as provided in this paragraph. The following shall
apply to this exemption:
(A) The amount of the exemption under this
paragraph shall be twenty-five percent (25%) of the fair market
value of a single family residential structure and the
associated improved land, provided that the exemption shall only
apply to the first one million dollars ($1,000,000.00) of the
fair market value of the single family residential structure and
associated improved land. The exemption provided by this
paragraph shall not be available to any person who has applied
for and received the tax exemption provided by paragraph (xlv)
of this subsection for the same property in the same tax year;
(B) As used in this paragraph, "single family
residential structure" means a structure intended for human
habitation including a house, modular home, mobile home,
townhouse or condominium that is a privately owned single family
dwelling unit. Beginning with tax year 2026 and each tax year
thereafter, "single family residential structure" shall mean a
single family residential structure as defined in this
subparagraph where the person claiming the exemption actually
resides for not less than eight (8) months of the year.
Beginning with tax year 2026 and each tax year thereafter, if
the person claiming the exemption or a member of that person's
immediate family is an active duty member of the armed forces
and service in the armed forces is the reason that the person
claiming the exemption cannot meet the eight (8) month
requirement specified in this subparagraph, the person shall
qualify for the exemption if the single family residential
structure is the legal domicile of the applicable member of the
armed forces;
(C) Nothing in this paragraph shall prohibit a
taxpayer from paying the amount of property taxes that would be
due without the application of the exemption provided in this
paragraph.
(xlvii) Lands owned by the state of Wyoming are
exempt from property taxation regardless of the use of the
lands. Nothing in this paragraph shall prevent the taxation of
any other property, including improvements to land, that are not
owned and used primarily for a governmental purpose as provided
in paragraph (ii) of this subsection. This paragraph is repealed
January 1, 2027.
(b) The following shall be exempt from property taxation:
(i) Goodwill if established and separately identified
on a company's books and records, or affirmed by generally
accepted accounting, or appraisal, principles;
(ii) Any of the following intangible items:
(A) Workforce in place including its composition
and terms and condition, contractual or otherwise, of its
employment;
(B) Business books and records, operating
systems or any other information base including lists or other
information with respect to current or prospective customers;
(C) Any patent, copyright, formula, process,
design, pattern, know-how, format, proprietary computer software
or other similar items;
(D) Any customer-based intangible. As used in
this subparagraph, "customer-based intangible" means composition
of market, market share and any other value resulting from
future provision of goods or services pursuant to relationships,
contractual or otherwise, in the ordinary course of business
with customers. In the case of a financial institution,
"customer-based intangible" includes deposit base and similar
items;
(E) Any supplier-based intangible. As used in
this subparagraph, "supplier-based intangible" means any value
resulting from future acquisitions of goods or services pursuant
to relationships, contractual or otherwise, in the ordinary
course of business with suppliers of goods or services to be
used or sold by the taxpayer.
(iii) Any license, permit or other right granted by a
person, or by a governmental unit or an agency or
instrumentality thereof;
(iv) Any covenant not to compete, or other
arrangement to the extent such arrangement has substantially the
same effect as a covenant not to compete, entered into in
connection with an acquisition directly or indirectly of an
interest in a trade or business or substantial portion thereof;
(v) Any franchise, trademark or trade name;
(vi) Any of the following intangible items:
(A) Money and cash on hand including currency,
gold, silver and other coin, specie and specie legal tender as
provided in W.S. 9-4-1304, bank drafts, certified checks,
cashier's checks and virtual currencies. As used in this
subparagraph, "virtual currency" means any type of digital
representation of value that:
(I) Is used as a medium of exchange, unit
of account or store of value; and
(II) Is not recognized as legal tender by
the United States government.
(B) Money on deposit;
(C) Accounts receivable and other credits;
(D) Bonds, promissory notes, debentures and
other evidences of debt;
(E) Shares of stock or other written evidence of
ownership;
(F) Judgments for the payment of money;
(G) Annuities and annuity contracts.
(c) For any property where more than one (1) exemption
applies under subsection (a) of this section, the exemptions
shall be applied in a manner determined by the department of
revenue in accordance with the following:
(i) If the exemption is to a portion of the assessed
value of the property, the exemptions shall be applied in
sequence so that subsequent exemptions are applied to the
assessed value as it is modified by the application of the
preceding exemption;
(ii) Exemptions based on a percentage of property
value shall be applied in the order of the smallest percentage
to the largest percentage;
(iii) Exemptions not based on a percentage of
property value shall be applied after any exemptions that are
based on a percentage of property value.