Struck = only in AB 3 ·
added = only in SB 1113.
BillREFERENCE TextTITLE: - AB-3 Property taxation:
veteransproperty exemption:tax exemption;
amounts.veterans State of Arizona Senate Fifty-sixth Legislature First Regular Session SB 1113 Introduced by Senators Rogers:
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BillRepresentative NumberGillette BillAN KeywordACT HomeAMENDING BillSECTIONS Information42-11111 CaliforniaAND Law42-11153, PublicationsARIZONA OtherREVISED ResourcesSTATUTES; My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text PDF2 Add To My Favorites | Version:
10/04/95RELATING -TO ChapteredPROPERTY AB-3TAX PropertyEXEMPTIONS. taxation:
veterans(TEXT exemption:OF BILL BEGINS ON NEXT PAGE) - i - SB 1113 Be it enacted by the Legislature of the State of Arizona:
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AB3:v95#DOCUMENTBillSection Start42-11111, AssemblyArizona BillRevised No.Statutes, is amended to read:
342-11111. CHAPTER 536An act to amend Section 205.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
[Exemption Filedfor withproperty; Secretary of State October 04, 1995.
Approvedwidows byand Governorwidowers; October 04, 1995.
]persons LEGISLATIVEwith COUNSEL'Sa DIGESTABtotal 3,and Baca.permanent disability;
Propertyveterans taxation:with a disability;
veteransdefinitions exemption:A.
amounts.The property of widows and widowers, of persons with total and permanent disabilities and of veterans with service or nonservice connected disabilities who are residents of this state is exempt from taxation as provided by article IX, section 2, Constitution of Arizona, and subject to the conditions and limits prescribed by this section.
ExistingB. property tax law provides, pursuant to the authorization of the California Constitution, for the exemption from property taxation of the home of a person or that person’s spouse in the case in which the person has, as a result of a service-connected disease or injury, died while on active duty in military service.
ExistingPursuant propertyto taxarticle lawIX, providessection for2, ansubsection exemptionF, amountConstitution of eitherArizona, $60,000 or $150,000 of full value, depending upon the incomeexemptions offrom thetaxation eligibleunder person,this throughsection theare 1995–96allowed fiscalin year, and reduces these exemption amounts to $40,000 and $100,000, respectively, commencing with the 1996–97amount fiscalof: year.
ThisAS billPROVIDED wouldIN provideSUBSECTION thatC theseAND reductionsD inOF exemptionTHIS amountsSECTION. shall not apply until the 2001–02 fiscal year.
SectionC. 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.
ThisTHE billPROPERTY wouldOF provideA that,VETERAN notwithstandingWITH SectionA 2229SERVICE ofOR theNONSERVICE RevenueCONNECTED andDISABILITY TaxationWHOSE Code,DISABILITY noRATING appropriationDETERMINED isBY madeTHE andUNITED theSTATES stateDEPARTMENT shallOF notVETERANS reimburseAFFAIRS localIS agenciesONE forHUNDRED propertyPERCENT taxIS revenuesFULLY lostEXEMPT byFROM themTAXATION. pursuant to the bill.
ThisD. bill would take effect immediately as a tax levy.
DigestTHE KeyBillPROPERTY TextTheOF peopleA ofWIDOW theOR StateWIDOWER, ofA CaliforniaPERSON doWITH enactA asTOTAL follows:SECTIONAND 1. SectionPERMANENT 205.5DISABILITY ofAND theA RevenueVETERAN andWITH TaxationA Code,SERVICE asOR amendedNONSERVICE byCONNECTED SectionDISABILITY 1WHOSE ofDISABILITY ChapterRATING 140DETERMINED ofBY theTHE StatutesUNITED ofSTATES 1993,DEPARTMENT isOF amendedVETERANS toAFFAIRS read:IS LESS THAN ONE HUNDRED PERCENT IS EXEMPT IN THE AMOUNT OF:
205.5. (a)1. Property that is owned by, and that constitutes the principal place of residence of, a veteran is exempted from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000), if the veteran is blind in both eyes or has lost the use of two or more limbs as a result of injury or disease incurred in military service or that does not exceed one hundred thousand dollars ($100,000), if the veteran is totally disabled as a result of injury or disease incurred in military service.
The$4,188 fortyif thousand dollar ($40,000) exemption shall be sixty thousand dollars ($60,000), and the oneperson's hundredtotal thousandassessment dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), in the case of an eligible veteran whose household income as defined in Section 20504 does not exceed the$28,459. amounts specified in Section 20585.
(b)For Fora purposesveteran ofwith a service or nonservice connected disability WHOSE DISABILITY RATING DETERMINED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS IS LESS THAN ONE HUNDRED PERCENT, the $4,188 limit under this section,paragraph “veteran”is meansfurther eitherlimited by multiplying the total exemption amount by the percentage of the following:veteran's disability, as rated by the United States department of veterans affairs.
(1)2. A veteran as specified in subdivision (o) of Section 3 of Article XIII of the Constitution without regard to any limitation contained therein on the value of property owned by the veteran or the veteran’s spouse.
(2)No Anyexemption personif whothe wouldperson's qualifytotal asassessment aexceeds veteran$28,459. pursuant to paragraph (1) except that he or she has, as a result of a service-connected injury or disease died while on active duty in military service.
TheC. Veterans Administration shall determine whether an injury or disease is service connected.
(c)E. (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran is exempt from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000), in the case of a veteran who was blind in both eyes or had lost the use of two or more limbs, or one hundred thousand dollars ($100,000), in the case of a veteran who was totally disabled;
provided,On thator thebefore deceasedDecember veteran31 duringof hiseach oryear, herthe lifetimedepartment qualifiedshall inincrease all respects for the exemptionfollowing oramounts wouldbased haveon qualified for the exemptionaverage underannual thepercentage lawsincrease, effectiveif onany, Januaryin 1,the 1977,GDP exceptprice thatdeflator in the veterantwo diedmost priorrecent tocomplete Januarystate 1,fiscal 1977;years:
or1. provided that the veteran died from a disease which was service connected as determined by the Veterans Administration.
The fortytotal thousandallowable dollar ($40,000) exemption shallamount be sixty thousand dollars ($60,000), and the onetotal hundredassessment thousandlimit dollaramount ($100,000)under exemptionsubsection shallB beD one hundred fifty thousand dollars ($150,000), in the case of anthis eligiblesection. unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
(2)2. Commencing with the 1994–95 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in paragraph (2) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000).
The onetotal hundredincome thousandlimit dollaramounts ($100,000)under exemptionsubsection shallE beG, oneparagraphs hundred1 fiftyand thousand2 dollars ($150,000), in the case of anthis eligiblesection. unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
(d)D. As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following:
(1)F. Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
(2)For Propertythe ownedpurpose byof determining the veteranamount orof the veteran’sallowable spouseexemption aspursuant separateto property.subsection B D of this section, the person's total assessment shall not include the value of any vehicle that is taxed under title 28, chapter 16, article 3.
(3)E. Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse.
(4)G. Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse.
(5)Pursuant Soto mucharticle ofIX, thesection property2, ofsubsection aF, corporationConstitution asof constitutesArizona, theto principalqualify placefor ofthis residenceTHE ofexemption aUNDER veteran- or1 a- veteran’sSB unmarried1113 survivingSUBSECTION spouseD whenOF THIS SECTION, the veteran,total orincome thefrom veteran’sall spouse,sources orof the veteran’sclaimant unmarriedand survivingthe claimant's spouse isand athe shareholderincome from all sources of all of the corporationclaimant's andchildren who resided with the rightsclaimant ofin shareholdingthe entitleclaimant's oneresidence toin the possessionyear ofimmediately property,preceding legalthe titleyear tofor which isthe ownedclaimant byapplies for the corporation.exemption shall not exceed:
The1. exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
Notwithstanding$34,901 anyif provisionnone of lawthe orclaimant's articleschildren ofunder incorporationeighteen oryears bylaws of aage corporationresided describedwith in this paragraph, any reduction of property taxes paid by the corporationclaimant shall reflect an equal reduction in any charges by the corporationclaimant's toresidence. the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation.
(e)2. For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
losing$41,870 theif useone ofor amore limbof means that the limbclaimant's haschildren beenresiding amputatedwith orthe itsclaimant usein hasthe beenclaimant's lostresidence byeither: reason of ankylosis, progressive muscular dystrophies, or paralysis;
and(a) beingWere totallyunder disabledeighteen meansyears that the United States Veterans Administration or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of beingage. unable to secure or follow a substantially gainful occupation.
(f)(b) AnHad exemption granted to a claimanttotal inand accordancepermanent withphysical theor provisionsmental ofdisability, thisas sectioncertified shallby becompetent inmedical lieuauthority ofas the veteran’s exemption provided by subdivisionslaw. (o), (p), (q), and (r) of Section 3 of Article XIII of the Constitution and any other real property tax exemption to which the claimant may be entitled.
NoF. other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted under the provisions of this section;
provided,H. that if two or more veterans qualified pursuant to this section co-own a property in which they reside, each is entitled to the exemption to the extent of his or her interest.
(g)For Thisthe sectionpurposes shallof remainsubsection inE effectG untilof Januarythis 1,section, 2001,"income andfrom onall thatsources" datemeans isthe repealed,sum unlessof athe laterfollowing, enactedexcluding statute,the thatitems islisted chapteredin onsubsection orG beforeI thatof date,this deletessection: or extends that date.
SEC.1.
2. SectionAdjusted 205.5gross ofincome the Revenue and Taxation Code, as amendeddefined by Section 2 of Chapter 140 of the Statutesdepartment. of 1993, is amended to read:
205.5. (a)2. Property that is owned by, and that constitutes the principal place of residence of, a veteran is exempted from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000), if the veteran is blind in both eyes, has lost the use of two or more limbs, or is totally disabled as a result of injury or disease incurred in military service.
The exemptionamount shall be sixty thousand dollars ($60,000) in the case of ancapital eligiblegains veteranexcluded whosefrom householdadjusted incomegross asincome. defined in Section 20504 does not exceed the amounts specified in Section 20585.
(b)3. For purposes of this section, “veteran” means either of the following:
(1)Nontaxable Astrike veteranbenefits. as specified in subdivision (o) of Section 3 of Article XIII of the Constitution without regard to any residency requirement or limitation contained therein on the value of property owned by the veteran or the veteran’s spouse.
(2)4. Any person who would qualify as a veteran pursuant to paragraph (1) except that he or she has, as a result of a service-connected injury or a disease that is service related as determined by the Veterans Administration, died while on active duty in military service.
(c)Nontaxable (1)interest Property that is ownedreceived by,from and that constitutes the principalfederal placegovernment ofor residenceany of, the unmarried surviving spouse of aits veteraninstrumentalities. is exempt from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000);
provided,5. that the deceased veteran during his or her lifetime qualified in all respects for the exemption or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977;
orPayments provided that theare veteranreceived died from a diseaseretirement whichprogram wasand servicepaid connectedby: as determined by the Veterans Administration.
The(a) exemptionThis shallstate beor sixtyany thousand dollars ($60,000) in the case of anits eligiblepolitical unmarriedsubdivisions. surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
(2)(b) PropertyThe thatUnited isStates ownedthrough by,any and that constitutes the principal place of residenceits of,agencies, theinstrumentalities unmarriedor survivingprograms, spouseexcept of a veteran as describedprovided in paragraphsubsection (2)G ofI subdivision (b) is exempt from taxation on that part of thethis fullsection. value of the residence that does not exceed forty thousand dollars ($40,000).
The6. forty thousand dollar ($40,000) exemption shall be sixty thousand dollars ($60,000), in the case of an eligible unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
(d)The Asgross usedamount inof thisany section,pension “property that is owned by a veteran” or “propertyannuity that is ownednot byotherwise theexempted. veteran’s unmarried surviving spouse” includes all of the following:
(1)G. Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
(2)I. Property owned by the veteran or the veteran’s spouse as separate property.
(3)Notwithstanding Propertysubsection ownedF withH one or more other persons to the extent of thethis interestsection, ownedincome byfrom theall veteran,sources thedoes veteran’snot spouse,include ormonies bothreceived thefrom: veteran and the veteran’s spouse.
(4)1. Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse.
(5)Cash Sopublic muchassistance of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, or the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and therelief. rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation.
The2. exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
NotwithstandingRailroad anyretirement provisionbenefits. of law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation.
(e)3. For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
losingPayments theunder use of a limb means that the limbfederal hassocial beensecurity amputatedact or(49 itsStat. use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis;
and620). being totally disabled means that the United States Veterans Administration or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation.
(f)4. An exemption granted to a claimant in accordance with the provisions of this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the Constitution and any other real property tax exemption to which the claimant may be entitled.
NoPayments otherunder real property tax exemption may be granted to any other person with respect to the sameunemployment residenceinsurance forlaws which an exemption has been granted under the provisions of this section;state.
provided,5. that if two or more veterans qualified pursuant to this section co-own a property in which they reside, each is entitled to the exemption to the extent of his or her interest.
(g)Payments Thisfrom sectionveterans shalldisability becomepensions. operative on January 1, 2001.
SEC.6.
3. NotwithstandingWorkers' Sectioncompensation 2229payments. of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
SEC.7.
4. ThisLoss act provides for a tax levy within the meaning of Articletime IVinsurance. of the Constitution and shall go into immediate effect.
8.
Gifts from nongovernmental sources, surplus foods or other relief in kind supplied by a governmental agency.
H.
J.
A widow or widower, a person with a total and permanent disability or a veteran with a disability shall initially establish eligibility for exemption under this section by filing an affidavit with the county assessor under section 42-11152.
Thereafter, the person is not required to file an affidavit under section 42-11152, but the person or the person's representative shall, IF NECESSARY, annually calculate income - 2 - SB 1113 from the preceding year to ensure that the person still qualifies for the exemption and shall notify the county assessor in writing of any event that disqualifies the person from further exemption.
Regardless of whether the person or representative notifies the assessor as required by this subsection, the property is subject to tax as provided by law from the date of disqualification, including interest, penalties and proceedings for tax delinquencies.
Disqualifying events include:
1.
The person's death.
2.
The remarriage of a widow or widower.
3.
IF THE PERSON IS CLAIMING THE EXEMPTION UNDER SUBSECTION D OF THIS SECTION, the person's income from all sources exceeding the limits prescribed by subsection E G of this section.
4.
The conveyance of title to the property to another owner.
I.
K.
Any dollar amount of exemption that is unused in a tax year against the limited property value of property and improvements owned by the individual may be applied for the tax year against the value of personal property subject to special property taxes, including the taxes collected pursuant to title 5, chapter 3, article 3 and title 28, chapter 16, article 3.
J.
L.
An individual is not entitled to property tax exemptions in the aggregate that exceed the maximum allowed to UNDER MORE THAN ONE CATEGORY AS a widow or widower, a person with a total and permanent disability or a veteran with a disability even if the individual is eligible for an exemption in more than one category.
K.
M.
For the purposes of this section:
1.
"GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce or its successor for the four quarters of the state fiscal year.
2.
"Veteran" means an individual who has served in, and been discharged, separated or released under honorable conditions from, active or inactive service in the uniformed services of the United States, including:
(a) All regular, reserve and national guard components of the United States army, navy, air force, marine corps and coast guard.
(b) The commissioned corps of the national oceanic and atmospheric administration.
(c) The commissioned corps of the United States public health service.
(d) A nurse in the service of the American red cross or in the army and navy nurse corps.
(e) Any other civilian service that is authorized by federal law to be considered active military duty for the purpose of laws administered by the United States secretary of veterans affairs.
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2.
Section 42-11153, Arizona Revised Statutes, is amended to read:
42-11153.
Deadline for filing affidavit A.
Except as provided in section 42-11104, subsection E, section 42-11109, subsection B, section 42-11110, subsection B, section 42-11111, subsection H J, section 42-11131, subsection C and section 42-11132, subsection C, section 42-11132.01, subsection C, and section 42-11132.02, subsection C, a failure by a taxpayer who is entitled to an exemption to make an affidavit or furnish evidence required by this article between the first Monday in January and March 1 of each year constitutes a waiver of the exemption.
B.
If a widow or widower or A person with a disability whose property is exempt from tax under section 42-11111, or an organization that is exempt from federal income tax under section 501(c) of the internal revenue code and is exempt from property tax under article 3 of this chapter, submits a petition after the deadlines prescribed by subsection A of this section, the person or organization may have the waiver redeemed by the county board of supervisors at any regular meeting, except that taxes that were due and payable before the petition was submitted may not be refunded or abated.
Sec.
3.
Applicability This act applies to tax years beginning from and after December 31, 2024.
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