Comparing AB 3 → SB 1113 — property tax exemption; veterans

Struck = only in AB 3 · added = only in SB 1113.

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Bill Text - AB-3 Property taxation:
REFERENCE TITLE:
veterans exemption:
property tax exemption;
amounts.
veterans State of Arizona Senate Fifty-sixth Legislature First Regular Session SB 1113 Introduced by Senators Rogers:
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Representative Gillette AN ACT AMENDING SECTIONS 42-11111 AND 42-11153, ARIZONA REVISED STATUTES;
10/04/95 - Chaptered AB-3 Property taxation:
RELATING TO PROPERTY TAX EXEMPTIONS.
veterans exemption:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SB 1113 Be it enacted by the Legislature of the State of Arizona:
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Section 1.
AB3:v95#DOCUMENTBill Start Assembly Bill No.
Section 42-11111, Arizona Revised Statutes, is amended to read:
3 CHAPTER 536An act to amend Section 205.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
42-11111.
[ Filed with Secretary of State  October 04, 1995.
Exemption for property;
Approved by Governor  October 04, 1995.
widows and widowers;
] LEGISLATIVE COUNSEL'S DIGESTAB 3, Baca.
persons with a total and permanent disability;
Property taxation:
veterans with a disability;
veterans exemption:
definitions 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.
Existing 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.
B.
Existing property tax law provides for an exemption amount of either $60,000 or $150,000 of full value, depending upon the income of the eligible person, through the 1995–96 fiscal year, and reduces these exemption amounts to $40,000 and $100,000, respectively, commencing with the 1996–97 fiscal year.
Pursuant to article IX, section 2, subsection F, Constitution of Arizona, the exemptions from taxation under this section are allowed in the amount of:
This bill would provide that these reductions in exemption amounts shall not apply until the 2001–02 fiscal year.
AS PROVIDED IN SUBSECTION C AND D OF THIS SECTION.
Section 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.
C.
This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
THE PROPERTY OF A VETERAN WITH A SERVICE OR NONSERVICE CONNECTED DISABILITY WHOSE DISABILITY RATING DETERMINED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS IS ONE HUNDRED PERCENT IS FULLY EXEMPT FROM TAXATION.
This bill would take effect immediately as a tax levy.
D.
Digest KeyBill TextThe people of the State of California do enact as follows:SECTION 1. Section 205.5 of the Revenue and Taxation Code, as amended by Section 1 of Chapter 140 of the Statutes of 1993, is amended to read:
THE PROPERTY OF A WIDOW OR WIDOWER, A PERSON WITH A TOTAL AND PERMANENT DISABILITY AND A VETERAN WITH A SERVICE OR NONSERVICE CONNECTED DISABILITY WHOSE DISABILITY RATING DETERMINED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS IS LESS THAN ONE HUNDRED PERCENT IS EXEMPT IN THE AMOUNT OF:
205.5. (a)  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.
1.
The forty thousand dollar ($40,000) exemption shall be sixty thousand dollars ($60,000), and the one hundred thousand 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 amounts specified in Section 20585.
$4,188 if the person's total assessment does not exceed $28,459.
(b)  For purposes of this section, “veteran” means either of the following:
For a veteran with 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 paragraph is further limited by multiplying the total exemption amount by the percentage of the veteran's disability, as rated by the United States department of veterans affairs.
(1)  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.
(2)  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 disease died while on active duty in military service.
No exemption if the person's total assessment exceeds $28,459.
The Veterans Administration shall determine whether an injury or disease is service connected.
C.
(c)  (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;
E.
provided, 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;
On or before December 31 of each year, the department shall increase the following amounts based on the average annual percentage increase, if any, in the GDP price deflator in the two most recent complete state fiscal years:
or provided that the veteran died from a disease which was service connected as determined by the Veterans Administration.
1.
The forty thousand dollar ($40,000) exemption shall be sixty thousand dollars ($60,000), and the one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), 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.
The total allowable exemption amount and the total assessment limit amount under subsection B D of this section.
(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).
2.
The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), 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.
The total income limit amounts under subsection E G, paragraphs 1 and 2 of this section.
(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:
D.
(1)  Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
F.
(2)  Property owned by the veteran or the veteran’s spouse as separate property.
For the purpose of determining the amount of the allowable exemption pursuant to 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)  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.
E.
(4)  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.
G.
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(5)  So much 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 the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation.
Pursuant to article IX, section 2, subsection F, Constitution of Arizona, to qualify for this THE exemption UNDER - 1 - SB 1113 SUBSECTION D OF THIS SECTION, the total income from all sources of the claimant and the claimant's spouse and the income from all sources of all of the claimant's children who resided with the claimant in the claimant's residence in the year immediately preceding the year for which the claimant applies for the exemption shall not exceed:
The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
1.
Notwithstanding any provision 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.
$34,901 if none of the claimant's children under eighteen years of age resided with the claimant in the claimant's residence.
(e)  For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
2.
losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis;
$41,870 if one or more of the claimant's children residing with the claimant in the claimant's residence either:
and 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.
(a) Were under eighteen years of age.
(f)  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.
(b) Had a total and permanent physical or mental disability, as certified by competent medical authority as provided by law.
No 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;
F.
provided, 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.
H.
(g)  This section shall remain in effect until January 1, 2001, and on that date is repealed, unless a later enacted statute, that is chaptered on or before that date, deletes or extends that date.
For the purposes of subsection E G of this section, "income from all sources" means the sum of the following, excluding the items listed in subsection G I of this section:
SEC.
1.
2. Section 205.5 of the Revenue and Taxation Code, as amended by Section 2 of Chapter 140 of the Statutes of 1993, is amended to read:
Adjusted gross income as defined by the department.
205.5. (a)  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.
2.
The exemption shall be sixty thousand dollars ($60,000) in the case of an eligible veteran whose household income as defined in Section 20504 does not exceed the amounts specified in Section 20585.
The amount of capital gains excluded from adjusted gross income.
(b)  For purposes of this section, “veteran” means either of the following:
3.
(1)  A veteran 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.
Nontaxable strike benefits.
(2)  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.
4.
(c)  (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);
Nontaxable interest that is received from the federal government or any of its instrumentalities.
provided, 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;
5.
or provided that the veteran died from a disease which was service connected as determined by the Veterans Administration.
Payments that are received from a retirement program and paid by:
The 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.
(a) This state or any of its political subdivisions.
(2)  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 forty thousand dollars ($40,000).
(b) The United States through any of its agencies, instrumentalities or programs, except as provided in subsection G I of this section.
The 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.
6.
(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:
The gross amount of any pension or annuity that is not otherwise exempted.
(1)  Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
G.
(2)  Property owned by the veteran or the veteran’s spouse as separate property.
I.
(3)  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.
Notwithstanding subsection F H of this section, income from all sources does not include monies received from:
(4)  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.
1.
(5)  So much 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 the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation.
Cash public assistance and relief.
The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
2.
Notwithstanding any provision 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.
Railroad retirement benefits.
(e)  For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
3.
losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis;
Payments under the federal social security act (49 Stat.
and 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.
620).
(f)  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.
4.
No 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;
Payments under the unemployment insurance laws of this state.
provided, 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.
5.
(g)  This section shall become operative on January 1, 2001.
Payments from veterans disability pensions.
SEC.
6.
3. Notwithstanding Section 2229 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.
Workers' compensation payments.
SEC.
7.
4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
Loss of time insurance.
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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