Tax Commission, Property Tax

Section R884-24P-73

Urban Farming Assessment Pursuant to Utah Code Ann. Section 59-2-1703

Notice of Proposed Rule

(Amendment)

DAR File No.: 36862
Filed: 09/27/2012 01:46:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed section indicates when land is actively devoted to urban farming for purposes of the urban farming assessment.

Summary of the rule or change:

S.B. 122 (2012 General Session) enacts provisions for valuing land that is actively devoted to urban farming in a county of the first class and requires the Tax Commission to provide guidance for when land is actively devoted to urban farming. The proposed rule indicates that land is actively devoted to urban farming if it meets the productive capabilities of land classified as Irrigated I. In addition, the proposed rule indicates how land qualifying for the urban farming assessment shall be valued.

State statutory or constitutional authorization for this rule:

• Section 59-2-1703

Anticipated cost or savings to:

the state budget:

None--Any fiscal impact was considered in S.B. 122 (2012).

local governments:

None--Any fiscal impact was considered in S.B. 122 (2012).

small businesses:

None--Any fiscal impact was considered in S.B. 122 (2012).

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

None--Any fiscal impact was considered in S.B. 122 (2012).

Compliance costs for affected persons:

None--The proposed rule provides guidance on when land qualifies for the urban farming assessment.

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

While the enactment of S.B. 122 (2012) may create a tax savings for some agricultural businesses, adopting this rule has no fiscal impact.

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:

11/14/2012

This rule may become effective on:

11/21/2012

Authorized by:

Michael Cragun, Tax Commissioner

R884. Tax Commission, Property Tax.

R884-24P. Property Tax.

R884-24P-73. Urban Farming Assessment Pursuant to Utah Code Ann. Section 59-2-1703.

(1) For purposes of the property tax assessment for land used for urban farming, land is actively devoted to urban farming under Subsection 59-2-1703(2)(a)(iii) if the production per acre for a given area and a given type of land meets the productive capabilities of land classified as Irrigated I.

(2) The value of land qualifying for valuation under Section 59-2-1703 shall be determined by reference to Table 1, Irrigated I, in R884-24P-53.

 

KEY: taxation, personal property, property tax, appraisals

Date of Enactment or Last Substantive Amendment: July 26, 2012

Notice of Continuation: January 3, 2012

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; 59-2-514; 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; 59-2-1308.5; 59-2-1317; 59-2-1328; 59-2-1330; 59-2-1347; 59-2-1351; 59-2-1365; 59-2-1703