59-2-301.8. Assessment of multi-tenant residential property.
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Effective 1/1/2021
59-2-301.8. Assessment of multi-tenant residential property.
(1)As used in this section:
(a)"Multi-tenant residential property" means real and personal property where:
(i)the real property:
(A)is rented as 10 or more separate housing units;
(B)meets the definition of residential property; and
(C)qualifies for the residential exemption described in Section 59-2-103 ; and
(ii)the personal property is:
(A)located within the real property; and
(B)owned by the same person as the real property.
(b)"Multi-tenant residential property" does not include a tourist home, a hotel, a motel, or a trailer court accommodation and service that is regularly rented for fewer than 30 consecutive days.
(a)A county assessor may use an income approach to value multi-tenant residential properties within the county if the county assessor finds that the income approach is a valid indicator of fair market value for the multi-tenant residential property in the county.
(b)A county assessor that chooses to value a multi-tenant residential property in accordance with this section shall use the same valuation method for all multi-tenant residential properties within the county.
(c)On or before May 1, a county assessor shall notify the commission about the county's method for valuing multi-tenant residential properties if the county assessor:
(A)chooses to value multi-tenant residential properties in accordance with this section for the current tax year; and
(B)did not choose to value multi-tenant residential properties in accordance with this section for the previous tax year; or
(A)chose to value multi-tenant residential properties in accordance with this section for the previous tax year; and
(B)is not choosing to value multi-tenant residential properties in accordance with this section for the current tax year.
(a)If a county assessor chooses to use the income approach to value multi-tenant residential properties, the county assessor may relieve the owners of any obligation to file the signed statement requested by the county under Section 59-2-306 for the owners' personal property located within the multi-tenant residential properties.
(b)On or before May 1:
(i)a county assessor that chooses to value multi-tenant residential properties in accordance with this section shall notify an owner that the owner is not required to file a signed statement if:
(A)the county requests a signed statement under Section 59-2-306 ;
(B)the county assessor relieves the owner of any obligation to file a signed statement in accordance with Subsection (3)(a) ; and
(C)the county assessor did not relieve the owner of the signed statement obligation for the previous tax year; or
(ii)a county assessor that chooses not to value multi-tenant residential properties in accordance with this section shall notify an owner of the obligation to file a signed statement if:
(A)the county requests a signed statement under Section 59-2-306 ; and
(B)the county assessor relieved the owner from filing a signed statement of personal property for the previous tax year.
(4)For personal property for which an owner is relieved of the obligation to file a signed statement under Subsection
(3):
(i)the county assessor shall assess the personal property in the same manner as real property under Part 3, County Assessment ; and
(ii)the county assessor or the county treasurer shall collect the tax on the personal property in the same manner as real property under Part 13, Collection of Taxes ;
(b)the county assessor is not required to list personal property separately in the assessment roll; and
(c)the county auditor is not required to identify personal property separately on the statement to the commission required by Section 59-2-322 .
Enacted by Chapter 86 , 2020 General Session