Property tax relief program.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0034

ENROLLED ACT NO. 21, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to taxation and revenue; providing amendments to the property tax relief program as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 39
‑
13
‑
109(c)(iii)(A) and (B)(intro) is amended to read:

39
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13
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109.

Taxpayer remedies.

(c)

Refunds. The following shall apply:

(iii)

The following shall apply to the property tax relief program:

(A)

On or before the first Monday in June, upon the filing of an affidavit demonstrating an adequate showing that he is qualified under subparagraph (B) of this paragraph, any person may apply to the county treasurer or department of revenue for a property tax refund from property taxes timely paid for the preceding calendar year upon his principal residence including the land upon which the residence is located. An applicant shall have been a resident of this state for not less than
ten (10)
five (5)
years prior to applying for a refund under this paragraph. Subject to legislative appropriation, the affidavit shall include information as required by rule and regulation on a form approved by the department of revenue. The tax relief granted shall be as provided by subparagraph (C) of this paragraph;

(B)

Gross income as used in this subparagraph shall be defined by the department through rules and regulations
.

and shall include, at minimum, all sources of taxable and nontaxable income of members of the household and all taxable entities controlled by members of the household.
Such gross income shall be verified by federal income tax returns which shall accompany the application for refund, if federal income tax returns were required and filed, or whatever other means necessary as determined by the department through rules and regulations. The tax relief for qualifying persons shall be in the form of a refund of any ad valorem tax due and timely paid upon the person's principal residence for the preceding calendar year in the amount specified in this paragraph. The department shall issue all refunds due under this paragraph on or before September 30 of the year in which application is made for the refund. Any person shall qualify for a refund in the amount specified under this paragraph if the person's gross income including the total household income of which the person is a member does not exceed
the greater of
one-half (1/2) of the median
gross
household income for the applicant's county of residence
or the state,
as determined annually by the economic analysis division of the department of administration and information. Additionally, no person shall qualify for a refund under this paragraph unless the person has total household assets as defined by the department of revenue through rules and regulations of not to exceed
five thousand dollars ($5,000.00)
twenty thousand dollars ($20,000.00) per adult member of the household
as adjusted annually by the statewide average Wyoming cost-of-living index published by the economic analysis division of the department of administration and information, excluding the following:

Section 2.
This act is effective January 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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