Property tax relief program-rental property applicants.

24LSO-0539
2024
STATE OF WYOMING
24LSO-0539
Numbered
2.0

HOUSE BILL NO. HB0146

Property tax relief program-rental property applicants.

Sponsored by: Representative(s) Henderson, Allred, Chestek, Yin and Zwonitzer, Dn and Senator(s) Cooper

A BILL

for

AN ACT relating to property tax; amending who may apply for the property tax relief program; making conforming changes; providing for rulemaking; 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)(v)(intro), (A), (B)(intro), (I), (C) through (E) and by creating a new subparagraph (G) is amended to read:

39
‑
13
‑
109.

Taxpayer remedies.

(c)

Refunds.

The following shall apply:

(v)

The following shall apply to the property tax
refund
relief
program:

(A)

On or before the first Monday in June, upon the filing of an affidavit demonstrating an adequate showing that the
owner
applicant
is qualified under subparagraph (B) or (C) of this paragraph, any person
as provided in this paragraph
may apply to the county treasurer or department of revenue for
a
property tax
refund from
relief related to
property taxes paid
, together
with any applicable interest and penalties
,
on or before the first Monday in June for the preceding calendar year upon
his
the applicant's
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 five (5) years prior to applying for
a refund
relief
under this paragraph and the applicable property shall be occupied by the
owner
applicant
for not less than nine (9) months of the applicable tax year.
If the applicant does not own the applicable property, the affidavit shall demonstrate that the applicant is current on all rent and other obligations of the applicant related to the property.
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
refund
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.
Such
G
ross 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
refund
relief
for qualifying
persons
applicants
shall be in the form of a
refund
payment
of any ad valorem tax due and timely paid
by any person
upon the
person's
applicant's
principal residence for the preceding calendar year in the amount specified in this paragraph.

The department shall issue all
refunds
payments
due under this paragraph on or before September 30 of the year in which application is made for the
refund
tax relief
.

Any person
An applicant
shall qualify for a
refund
relief payment
in the amount specified under this paragraph if the
person's
applicant's
gross income including the total household income of which the
person
applicant
is a member does not exceed the greater of one hundred twenty
‑
five percent (125%) 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, unless the
person's
applicant's
tax liability is greater than ten percent (10%) of the
person's
applicant's
household income,
no person
an applicant
shall
not
qualify for a
refund
relief payment
under this paragraph unless the
person
applicant
has total household assets as defined by the department of revenue through rules and regulations of not to exceed one hundred fifty thousand dollars ($150,000.00) 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:

(I)

The value of the home for which the
taxpayer
applicant
is seeking
a
tax
refund
relief, if the applicant owns the home
;

(C)

A refund
Relief
granted under this paragraph shall not exceed seventy
‑
five percent (75%) of the
applicant's prior year's
property tax
paid on the applicable property in the prior year
, but in no instance shall the amount of
refund
any relief payment
exceed one
‑
half (1/2) of the median residential property tax liability for the applicant's county of residence as determined annually by the department of revenue
. If the applicant does not own the property that is the applicant's principal residence, the relief under this paragraph shall be two hundred fifty dollars ($250.00) or the amount determined under this subparagraph, whichever is less. For a property that is designed to house more than one (1) family, the relief under this paragraph shall be determined by excluding any land upon which the principal residence is located and then by apportioning the property tax paid on the property based on the square footage of the principal residence occupied by the applicant compared to the total square footage of the property as determined by rule of the department
;

(D)

Nothing in this paragraph shall be construed to prohibit or affect requirements for property to be listed, valued and assessed by the county assessor pursuant to law.

Each year the county shall publicize in a manner reasonably designed to notify all residents of the county the provisions of this paragraph and the method by which eligible persons may obtain
a refund
property tax relief under this paragraph
;

(E)

The department shall promulgate rules and regulations necessary to implement this paragraph
. The rules shall provide that not more than one (1) applicant shall apply for tax relief for the same principal residence, except that for a property that is designed to house more than one (1) family there may be one (1) applicant per designed principal residence on the property
;

(G)

As used in this paragraph, "applicant" may include any person who occupies property as the person's principal residence regardless of who owns the property or who is responsible to pay the property tax on the property.

Section 2
.

This act is effective January 1, 2025
.

(END)

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HB0146