Title 48, Chapter 5, Section 40
( 48-5-40)
As used in this part, the term: (1) "Applicant" means: (A) A married individual living with his spouse; (B) An individual who is unmarried but who permanently maintains
a home for the benefit of one or more other individuals who are
related to such individual or dependent wholly or partially upon
such individual for support; (C) An individual who is widowed having one or more children and
maintaining a home occupied by himself and the child or
children; (D) A divorced individual living in a bona fide state of
separation and having legal custody of one or more children,
when the divorced individual owns and maintains a home for the
child or children; or (E) An individual who is unmarried or is widowed and who
permanently maintains a home owned and occupied by himself. (2) "Home for the aged" means a facility which provides
residential services, health care services, or both residential
services and health care services to the aged. (3) "Homestead" means the real property owned by and in possession
of the applicant on January 1 of the taxable year and upon which
the applicant resides including, but not limited to, the land
immediately surrounding the residence to which the applicant has a
right of possession under a bona fide claim of ownership. The
term "homestead" includes the following qualifications: (A) The actual permanent place of residence of an individual who
is the applicant and which constitutes the home of the family; (B) Where the person who is the applicant holds the bona fide
fee title (although subject to mortgage or debt deed), an estate
for life, or under any bona fide contract of purchase providing
for the conveyance of title to the applicant upon performance of
the contract; (C) Where the building is occupied primarily as a dwelling; (D) Where the children of deceased or incapacitated parents
occupy the homestead of their parents and one of the children
stands in the relation of applicant. This subparagraph shall
apply whether or not the estate is distributed; (E) Where a husband or wife occupies a dwelling and the title of
the homestead is in the name of the wife; (F) In the event a dwelling house which is classed as a
homestead is destroyed by fire, flood, storm, or other
unavoidable accident or is demolished or repaired so that the
owner is compelled to reside temporarily in another place, the
dwelling house shall continue to be classed as a homestead for a
period of one year after the occurrence; (G) In the event an individual who is the applicant owns two or
more dwelling houses, he shall be allowed the exemption granted
by law on only one of the houses. Only one homestead shall be
allowed to one immediate family group; (H) Where property is owned and occupied jointly by two or more
individuals all of whom occupy the property as a home and if the
property is otherwise entitled to a homestead exemption, the
homestead may be claimed in the names of the joint owners
residing in the home. Where the property on which a homestead
exemption is claimed is jointly owned by the occupant and
others, the occupant or occupants shall be entitled to claim the
full amount of the homestead exemption; (I) The permanent place of residence of an individual in the
armed forces. Any such residence shall be construed to be
actually occupied as the place of abode of such individual when
the family of the individual resides in the residence or when
the family is forced to live elsewhere because of the
individual's service in the armed forces; (J) Absence of an individual from his residence because of duty
in the armed forces shall not be considered as a waiver upon the
part of the individual in applying for a homestead exemption.
Any member of the immediate family of the individual or a friend
of the individual may notify the tax receiver or the tax
commissioner of the individual's absence. Upon receipt of this
notice, the tax receiver or tax commissioner shall grant the
homestead exemption to the individual who is absent in the armed
forces; (K) The homestead exempted must be actually occupied as the
permanent residence and place of abode by the applicant awarded
the exemption, and the homestead shall be the legal residence
and domicile of the applicant for all purposes whatever; (L) In all counties having a population of not less than 15,000
nor more than 15,350, according to the United States decennial
census of 1990 or any future such census, where the person who
is the applicant holds real property subject to a written lease;
the applicant has held the property subject to such a lease for
not less than three years prior to the year for which
application is made; and the applicant is the owner of all
improvements located on the real property; (M) The deed reflecting the actual ownership of the property for
which the applicant seeks to receive a homestead exemption must
be recorded in the deed records of the county prior to the
filing of the application for the homestead exemption; and (N) Absence of an individual from such individual's residence
because of health reasons shall not in and of itself be
considered as a waiver upon the part of the individual in
applying for a homestead exemption if all other qualifications
are otherwise met. Any member of the immediate family of the
individual or a friend of the individual may notify the tax
receiver or the tax commissioner of the individual's absence.
Upon receipt of this notice, the tax receiver or tax
commissioner shall grant the homestead exemption to the
individual who is absent for health reasons. (4) "Hospital" means an institution in which medical, surgical, or
psychiatric care is provided to individuals who are sick, injured,
diseased, mentally ill, or crippled. "Hospital" does not include
an institution licensed as a nursing home under the laws of this
state. (5) "Institutions of purely public charity," "nonprofit
hospitals," and "hospitals not operated for the purpose of private
or corporate profit and income" mean such institutions or
hospitals which may have incidental income from paying patients
when the income, if any, is devoted exclusively to the charitable
purpose of caring for patients who are unable to pay and to
maintaining, operating, and improving the facilities of such
institutions and hospitals, and when the income is not directly or
indirectly for distribution to shareholders in corporations owning
such property or to other owners of such property. (6) "Occupied primarily as a dwelling" means: (A) The applicant or members of his family occupy the property
as a home; or (B)(i) The applicant or members of his family occupy a portion
of the property as a home; (ii) No more than one exemption may be claimed pursuant to
this subparagraph in connection with the occupancy of one
building, except in the case of a duplex or double occupancy
dwelling when the line of division follows a natural and bona
fide plan as to both land and building and the two units thus
formed are separately owned and occupied. |