Utah Code § 59-2-103
Rate of assessment of property -- Residential property
Find cases:
SyfertCases citing this section
UT-LEGle.utah.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
As used in this section:
"Household" means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses.
"Household" includes married individuals, who are not legally separated, who have established domiciles at separate locations within the state.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules defining the term "domicile."
All tangible taxable property located within the state shall be assessed and taxed at a uniform and equal rate on the basis of its fair market value, as valued on January 1, unless otherwise provided by law.
Subject to Subsections (4) through (6) and Section 59-2-103.5, for a calendar year, the fair market value of residential property located within the state is allowed a residential exemption equal to a 45% reduction in the value of the property.
Part-year residential property located within the state is allowed the residential exemption described in Subsection (3) if the part-year residential property is used as residential property for 183 or more consecutive calendar days during the calendar year for which the owner seeks to obtain the residential exemption.
No more than one acre of land per residential unit may qualify for the residential exemption described in Subsection (3).
Except as provided in Subsections (6)(b)(ii) and (iii), a residential exemption described in Subsection (3) is limited to one primary residence per household.
An owner of multiple primary residences located within the state is allowed a residential exemption under Subsection (3) for:
subject to Subsection (6)(a), the primary residence of the owner;
each residential property that is the primary residence of a tenant; and
subject to Subsection 59-2-103.5(4), each residential property described in Subsection 59-2-102(35)(b)(ii).
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1993–2024 · leading case: Board of Equalization v. Utah State Tax Commission Ex Rel. Benchmark, Inc.
Board of Equalization v. Utah State Tax Commission Ex Rel. Benchmark, Inc. (1993)
“” Utah Code Ann. § 59-2-103 (1). The Code defines “fair market value” as the “amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.”
Alta Pacific Associates, Ltd. v. Utah State Tax Commission (1997)
“XIII, §§ 2, 3; Utah Code Ann. § 59-2-103 (1). If statements within the Commission's decisions impede the fulfillment of these constitutional and statutory directives, the Commission's statements must be ignored.”
Schmidt v. Utah State Tax Commission (1999)
“” See Utah Code Ann. § 59-2-103 (1) (1996). 2 “Fair market value” has been statutorily defined as: “the amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable…”
Hammons v. Weber County (2018)
“They claimed that the county had violated Utah Code sections 59-2-103 and 59-2-103.5. These sections establish the residential exemption and set forth procedures to obtain the exemption.”
Salt Lake City Southern Railroad v. Utah State Tax Commission (1999)
“Consistent with this provision, section 59-2-103 of the Property Tax Act provides, “All tangible taxable property shall be assessed and taxed at a uniform and equal rate on the basis of its fair market value_” Utah Code Ann. § 59-2-103 (1996). “Intangible property,” on the other…”
Dennis v. Summit County (1997)
“The court held that neither section 59-2-102(22) nor section 59-2-103(2) of the Utah Code violates Utah Constitution article III, Second.”
West Valley City Corp. v. Salt Lake County (1993)
“Utah Code Ann. § 59-2-103 . We conclude that the requirement of uniform and equal rates of assessment is to be judged as of that date.”
Utah Ass'n of Counties v. Tax Commission Ex Rel. American Telephone & Telegraph Co. (1995)
“UAC assails certain other of the Commission’s findings, charging that they are erroneous, resulting in the Commission arriving at a value which is substantially below the full cash value of AT & T-C’s properties, in contravention of Utah Constitution article XIII, sections 2 and…”
Mountain Ranch Estates v. Utah State Tax Commission (2004)
“” Utah Code Ann. § 59-2-103 (1) (2000). The hallmarks of these constitutional and statutory directives are the notions of uniformity, equality, and a universal measure of valuation — fair market value.”
In Re West Side Property Associates (2000)
“" Utah Code Ann. § 59-2-103 (1) (Supp.1996).”
Alliant Techsystems, Inc. v. Salt Lake County Board of Equalization (2005)
“1; see also Utah Code Ann. § 59-2-103 (2004) 1 (“All tangible taxable property shall be assessed and taxed at a uniform and equal rate on the basis of its fair market value, as valued on January 1, unless otherwise provided by law.”
Beaver County v. WilTel, Inc. (2000)
“” Furthermore, all of the parties recognize Utah Code Ann. § 59-2-103 , which states in pertinent part that property shall be assessed and taxed at a uniform and equal rate.”
— Utah Code § 59-2-103(1) — 1 case
Board of Equalization v. Utah State Tax Commission Ex Rel. Benchmark, Inc. (1993)
“” Utah Code Ann. § 59-2-103 (1). The Code defines “fair market value” as the “amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.”
— Utah Code § 59-2-103(2) — 2 cases
Dennis v. Summit County (1997)
“The court held that neither section 59-2-102(22) nor section 59-2-103(2) of the Utah Code violates Utah Constitution article III, Second.”
— Utah Code § 59-2-103(3) — 2 cases
— Utah Code § 59-2-103(6)(a) — 1 case
— Utah Code § 59-2-103(6)(b)(ii) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.