Property Tax—Regular Levies.
All real and personal property is subject to a tax each year based on the highest and best use, unless a specific exemption is provided by law. The annual growth of all regular property tax levy revenue is limited as follows:
The state collects two regular property tax levies for common schools. The revenue growth limit applies to both levies.
Property Tax—Senior Citizens, Disabled Individuals, and Qualifying Veterans Tax Relief.
Authorized by a constitutional amendment, qualifying senior citizens, persons retired due to disability, and qualifying veterans are entitled to property tax relief on their primary residence. To qualify for the relief program (SPTE), a person must be:
The home must be owned and be the primary residence of the applicant. An applicant's combined disposable income must be under the county's income threshold to qualify. Eligible individuals may qualify for a partial property tax exemption and a valuation freeze.
Partial Tax Exemption. The partial property tax exemption for the SPTE is provided according to various income thresholds. The income thresholds and associated partial exemptions are as follows:
The income thresholds are adjusted every five years to reflect the most recent year of estimated county median household incomes as published by the Office of Financial Management. The next scheduled adjustment is March 1, 2024. Beginning with the adjustment made by March 1, 2024, and every second adjustment thereafter, if an income threshold in a county is not adjusted based on percentage of county median income, then the income threshold must be adjusted based on the growth of the seasonally adjusted Consumer Price Index for all Urban Consumers (CPI-U) for the prior twelve-month period as published by the United States Bureau of Labor Statistics, with a limit of 1 percent.
Cities and counties are permitted to exempt participants in the property tax exemption program from any portion of their regular property tax levy attributable to a levy lid lift, with voter approval.
The DOR and local county assessors are required to publicize qualification information and instructions for making claims for the SPTE through communications media, including paid advertisements and/or notices. Details about qualifications and the application process must be included with property tax statements and revaluation notices.
Valuation Freeze. In addition to the partial exemptions listed above, the valuation of the residence of an eligible individual is frozen, for the purpose of calculating property tax liability, at the assessed value of the residence on the later of January 1, 1995, or January 1 of the assessment year in which the person first qualifies for the program. To be eligible, the person must have a disposable income of less than income threshold three.
Deferral. In addition to the SPTE, individuals who meet the requirements, except for the income and age requirements, are permitted to defer their property taxes if their combined disposable income is less than the deferral threshold and they are 60 years or older. The income threshold for the deferral program is the greater of 75 percent of the county median household income or $45,000.
Taxes that are deferred become a lien against the property and accrue interest at 5 percent per year. If deferred taxes are not repaid within three years after the eligible person ceases to own and live in the residence, the lien will be foreclosed, and the residence sold to recover taxes.
The income thresholds for the SPTE are changed as follows:
Income thresholds for the SPTE and for the deferral program are to be adjusted every three years, beginning August 1, 2023. Income thresholds that are not adjusted based on changes in county median income will be adjusted by the CPI-U beginning with the August 1, 2023 adjustment, and every adjustment thereafter.
A person continues to qualify for the SPTE if their income is increased as the result of cost of living adjustments to social security or supplemental security payments, for taxes collected in 2024 only.
The Department of Revenue (DOR) must engage in one-time statewide outreach and public notification of the changes in income thresholds that occur as a result of the bill, subject to appropriations.
House | 96 | 0 | |
Senate | 47 | 0 |
July 23, 2023