SB 2201 — AN ACT to amend and reenact section 57-02-08.9 of the North Dakota Century Code, relating to the primary residence credit; to provide for application; to provide a retroactive effective date; to provide an expiration date; and to declare an emergency.

25.0308.05000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2201 Introduced(Senators by Senators Weber, Bekkedahl, HogueHogue) Representatives(Representatives Headland, Lefor, VigesaaVigesaa) AAN BILLACT for an Act to amend and reenact section 57-02-08.9 of the North Dakota Century Code, relating to the primary residence credit;

(1) "Primary residence" means a dwelling in this state owned and occupied by an individual as that individual's primary place of residence and includes residences taxed under chapter 57-55, including the land, appurtenances, Pageand No.improvements used in the residential occupancy of the dwelling, that, subject to paragraph 2 and subsection 3, is:

1(a) 25.0308.05000Owned Sixty-ninthby Legislativeone Assemblyor andmore improvementsindividuals, usedeither indirectly theor residentialthrough occupancya ofbeneficial theinterest dwelling,in that,a subjectqualifying totrust; paragraph 2 and subsection 3, is:

(a) Owned by one or more individuals, directly, through a beneficial interest in a qualifying trust;

(1)S. In which the agreement, will, or court order creating the trust, an instrument transferring property to the trust, or any other agreement that is binding on the trustee provides that the trustor of the trust or a beneficiary of the trust has the right to use and occupy as the trustor's or beneficiary's primary residence rent free and without charge except for taxes and other costs and expenses specified in the instrument or court order:

B.

NO.

2201 - PAGE 2 (1) In which the agreement, will, or court order creating the trust, an instrument transferring property to the trust, or any other agreement that is binding on the trustee provides that the trustor of the trust or a beneficiary of the trust has the right to use and occupy as the trustor's or beneficiary's primary residence rent free and without charge except for taxes and other costs and expenses specified in the instrument or court order:

and Page(b) No.Is recorded in the real property records of the county in which the property is located.

2 25.0308.05000 Sixty-ninth Legislative Assembly (b) Is recorded in the real property records of the county in which the property is located.

A taxpayer who, regardless of the application requirements and deadlines under section 57-02-08.9, qualifies for a credit under this Act against taxes levied on a primary residence owned through a beneficial interest in a qualifying trust in taxable year 20242024, may file an abatement claim no later than May 1, 2025, to receive a refund of taxes paid equal to the amount of the credit allowed under this Act.

Supplemental certifications by the county auditor and the tax commissionerS. and supplemental payments by Page No.

3B. 25.0308.05000 Sixty-ninth Legislative Assembly the state treasurer shall be made and distributed according to the procedures provided under section 57-02-08.10 and may be made after the dates prescribed in section 57-02-08.10.

NO.

2201 - PAGE 3 commissioner and supplemental payments by the state treasurer shall be made and distributed according to the procedures provided under section 57-02-08.10 and may be made after the dates prescribed in section 57-02-08.10.

PageS. No.

4B. 25.0308.05000

NO.

2201 - PAGE 4 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2201 and that two-thirds of the members-elect of the Senate voted in favor of said law.

Vote:

Yeas 47 Nays 0 Absent 0 ____________________________ ____________________________ President of the Senate Secretary of the Senate This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of said law.

Vote:

Yeas 88 Nays 0 Absent 6 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State