Title 48, Chapter 5, Section 52
( 48-5-52)
(a) The homestead of each resident of each independent school
district and of each county school district within this state who is
62 years of age or over and who, for the purposes of all tax years
beginning on or after January 1, 1988, has a gross income from all
sources, including the income of all members of the family residing
within the homestead, not exceeding $10,000.00 per annum, is
exempted from all ad valorem taxes for educational purposes levied
by, for, or on behalf of any such school system, including taxes to
retire school bond indebtedness. The exemption shall not exceed
$10,000.00 of the homestead's assessed value. (b)(1) The exemption provided for in subsection (a) of this Code
section shall not be granted unless an affidavit of the owner of
the homestead, prepared upon forms prescribed by the commissioner
for that purpose, is filed with either the tax receiver or tax
commissioner, in the case of residents of county school districts,
or with the governing authority of the owner's city, in the case
of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption
is sought be filed on or before the last day for making a tax
return and shall show the: (A) Age of the owner on January 1 immediately preceding the
filing of the affidavit; (B) Total amount of income received by the owner from all
sources during the immediately preceding calendar year; (C) Total amount of income received from all sources by each
individual member of the owner's family residing within the
homestead; and (D) Such additional information as may be required by the
commissioner. (3) Copies of all affidavits received or extracts of the
information contained in the affidavits shall be forwarded to the
commissioner by the various taxing authorities with whom the
affidavits are filed. The commissioner is authorized to compare
such information with information contained in any income tax
return, sales tax return, or other tax documents or records of the
department and to report immediately to the appropriate county or
city taxing authority any apparent discrepancies between the
information contained in any affidavit and the information
contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been
allowed the exemption provided for in this Code section, it shall
not be necessary to make application and file the affidavit
thereafter for any year and the exemption shall continue to be
allowed to such owner; provided, however, that it shall be the
duty of any such owner to notify the tax commissioner or tax
receiver in the event the owner becomes ineligible for any reason
for the exemption provided for in this Code section. (c) The homestead exemption granted by this Code section shall
extend to and shall apply to those properties the legal title to
which is vested in one or more titleholders when such property is
actually occupied as a residence by one or more of the titleholders
who possess the qualifications provided in subsection (a) of this
Code section and who claim the exemption in the manner provided for
in this Code section. The exemption shall also extend to those
homesteads the title to which is vested in a personal representative
or trustee if one or more of the heirs or beneficiaries residing on
the property possess the qualifications provided for and claim the
exemption in the manner provided in this Code section. (d)(1) The State Board of Education, when funds are specifically
appropriated for the purpose of replacing revenue lost by local
school systems as a result of this Code section, shall provide
each school district in this state which, on July 1, 1974, had in
effect a tax levy of 20 mills or more for educational purposes or
was levying the maximum permissible tax authorized by law for
educational purposes, with grants for educational purposes which
shall equal the revenues lost by the school district due to the
exemption provided by this Code section for property located
within the school district. (2) The State Board of Education may promulgate reasonable rules
to carry out this subsection. |