Title 48, Chapter 5, Section 74
( 48-5-74)
(a) The application for deferral shall be made upon a form
prescribed by the department and furnished by the appropriate tax
official. The application form shall advise the applicant of the
manner in which interest is computed. Each application form shall
contain an explanation of the conditions to be met for approval and
the conditions under which deferred taxes and interest become due,
payable, and delinquent. Each application form shall clearly state
that all deferrals pursuant to this part shall constitute a lien on
the applicant's homestead. (b) A form of oath shall be provided and shall be administered to
the individual seeking the deferral. The oath may be administered
by the appropriate tax official, any authorized deputy of the
appropriate tax official, or any individual authorized by law to
administer oaths. (c)(1) The appropriate tax official shall consider each annual
application for homestead tax deferral within 30 days of the date
the application is filed or as soon as practicable thereafter. If
the appropriate tax official finds that the applicant is entitled
to the tax deferral, such official shall approve the application
and file the application in the permanent records. If the
appropriate tax official finds that the applicant is not entitled
to the deferral, such official shall send a notice of disapproval
to the applicant giving the reasons therefor within 30 days of the
filing of the application either by personal delivery or by
registered or certified mail or statutory overnight delivery to
the mailing address given by the applicant, and such official
shall make a return on the original notice of the manner in which
the notice was served on the applicant and shall file the return
among the permanent records of such official's office. The
original notice of disapproval sent to the applicant shall advise
the applicant of the right to appeal the decision of the
appropriate tax official to the board of equalization and shall
inform the applicant of the procedure for filing an appeal. (2) An appeal of the decision of the appropriate tax official to
the board of equalization shall be in writing on a form prescribed
by the department and furnished by the appropriate tax official.
The appeal shall be filed with the board within 20 days after the
applicant's receipt of the notice of disapproval. The board shall
review the application and evidence presented to the appropriate
tax official upon which the applicant based such applicant's claim
for a tax deferral and, at the election of the applicant, shall
hear the applicant in person or by agent in such applicant's
behalf on such applicant's right to a homestead tax deferral. The
board of equalization shall reverse the decision of the
appropriate tax official and shall grant a homestead tax deferral
to the applicant if in its judgment the applicant is entitled
thereto, or it shall affirm the decision of the appropriate tax
official. Such action by the board of equalization shall be final
unless the applicant, appropriate tax official, or other
lienholder files an appeal with the superior court of the county
in which the property lies within 30 days from the date the
taxpayer receives written notification of the decision of the
board of equalization. (d) Each application shall contain a list, and the current value, of
all outstanding liens on the applicant's homestead. (e) If proof of fire and extended coverage insurance has not been
furnished with a prior application, each applicant shall furnish
proof of such insurance in an amount which is in excess of the sum
of all outstanding liens and deferred taxes and interest with a loss
payable clause to the appropriate tax official. |