Tax Commission, Property Tax

Section R884-24P-42

Farmland Assessment Audits and Personal Property Audits Pursuant to Utah Code Ann. Subsection 59-2-508(2), and Section 59-2-705

Notice of Proposed Rule

(Amendment)

DAR File No.: 35151
Filed: 08/11/2011 02:59:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment updates language to match agency practice.

Summary of the rule or change:

Since there is no requirement in statute for the Tax Commission to conduct audits of this property, this change makes the rule more consistent with statute as well as reflects agency practice.

State statutory or constitutional authorization for this rule:

• Section 59-2-705
• Section 59-2-508

Anticipated cost or savings to:

the state budget:

None--Property tax revenues are local revenues.

local governments:

None--The amendment reflects agency practice.

small businesses:

None--The amendment reflects agency practice.

persons other than small businesses, businesses, or local governmental entities:

None--The amendment reflects agency practice.

Compliance costs for affected persons:

None--The amendment reflects agency practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment will create no fiscal impact because it does not change agency practice.

Michael Cragun, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Property Tax
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2011

This rule may become effective on:

10/10/2011

Authorized by:

Michael Cragun, Tax Commissioner

R884. Tax Commission, Property Tax.

R884-24P. Property Tax.

R884-24P-42. Farmland Assessment Audits and Personal Property Audits Pursuant to Utah Code Ann. Subsection 59-2-508[(2)], and Section 59-2-705.

[A.](1) [The Tax Commission is responsible for auditing the administration of the Farmland Assessment Act to verify proper listing and classification of all properties assessed under the act. The Tax Commission also conducts routine audits of personal property accounts.]Upon completion of commission audits of personal property accounts or land subject to the Farmland Assessment Act, the following procedures shall be implemented:

[1.](a) If an audit reveals an incorrect assignment of property, or an increase or decrease in value, the county assessor shall correct the assessment on the assessment roll and the tax roll.

[2.](b) A revised [assessment notice]Notice of Property Valuation and Tax Changes or tax notice or both shall be mailed to the taxpayer for the current year and any previous years affected.

[3.](c) The appropriate tax rate for each year shall be applied when computing taxes due for previous years.

[B.](2) Assessors shall not alter results of an audit without first submitting the changes to the [Tax] commission for review and approval.

[C.](3) The [Tax Commission]commission shall review assessor compliance with this rule. Noncompliance may result in an order for corrective action.

 

KEY: taxation, personal property, property tax, appraisals

Date of Enactment or Last Substantive Amendment: [December 15, 2010]2011

Notice of Continuation: March 12, 2007

Authorizing, and Implemented or Interpreted Law: Art. XIII, Sec 2; 9-2-201; 11-13-302; 41-1a-202; 41-1a-301; 59-1-210; 59-2-102; 59-2-103; 59-2-103.5; 59-2-104; 59-2-201; 59-2-210; 59-2-211; 59-2-301; 59-2-301.3; 59-2-302; 59-2-303; 59-2-303.1; 59-2-305; 59-2-306; 59-2-401; 59-2-402; 59-2-404; 59-2-405; 59-2-405.1; 59-2-406; 59-2-508; 59-2-515; 59-2-701; 59-2-702; 59-2-703; 59-2-704; 59-2-704.5; 59-2-705; 59-2-801; 59-2-918 through 59-2-924; 59-2-1002; 59-2-1004; 59-2-1005; 59-2-1006; 59-2-1101; 59-2-1102; 59-2-1104; 59-2-1106; 59-2-1107 through 59-2-1109; 59-2-1113; 59-2-1115; 59-2-1202; 59-2-1202(5); 59-2-1302; 59-2-1303; 59-2-1317; 59-2-1328; 59-2-1330; 59-2-1347; 59-2-1351; 59-2-1365