SF 1081

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to taxation; providing a property tax
reduction for certain homesteads contaminated by mold;
amending Minnesota Statutes 2004, section 273.123, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 273.123, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Homestead property damaged by mold. new text end

new text begin (a) The
owner of homestead property not qualifying for an adjustment in
valuation under subdivisions 1 to 5 must receive a reduction in
the amount of taxes payable on the property if all of the
following conditions are met:
new text end

new text begin (1) the owner of the property makes written application to
the county assessor for tax treatment under this subdivision;
new text end

new text begin (2) the county assessor determines that the homestead
dwelling is uninhabitable because all or part of it has been
contaminated by mold; and
new text end

new text begin (3) the owner of the property makes written application to
the county board.
new text end

new text begin (b) If all of the conditions in paragraph (a) are met, the
county board must grant a reduction in the amount of property
tax payable on the homestead dwelling. The reduction must be
made for taxes payable in the year that the assessor determines
that the requirements in paragraph (a), clause (2), have been
met and in the following year.
new text end

new text begin (c) The reduction in the amount of tax payable must be
calculated based upon the number of months that the homestead is
uninhabitable. The amount of net tax due from the taxpayer
shall be multiplied by a fraction, the numerator of which is the
number of months the dwelling was occupied by that taxpayer, and
the denominator of which is 12. For purposes of this
subdivision, if a homestead dwelling is occupied or used for a
fraction of a month, it is considered a month. "Net tax" is
defined as the amount of tax after the subtraction of all of the
state paid property tax credits. If the reduction is granted
after all property taxes due for the year have been paid, the
amount of the reduction must be refunded to the taxpayer by the
county treasurer as soon as practical.
new text end

new text begin (d) Any reductions or refunds under this section are not
subject to approval by the commissioner of revenue.
new text end

new text begin (e) A denial of a reduction or refund under this section by
the county board may be appealed to the tax court. If the
county board takes no action on the application within 60 days
after its receipt, it is considered a denial.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for property
taxes payable in 2005 and thereafter.
new text end