R884. Tax Commission, Property Tax.R884-24P. Property Tax.
R884-24P-5. Property Tax Relief Pursuant to Utah Code Ann. Title 59, Chapter 2a, Tax Relief Through Property Tax.
(1) In determining whether an applicant under Title 59, Chapter 2a, Tax Relief Through Property Tax, meets the definition of "indigent individual" with regard to the 10-month residency requirement, a county may not consider an applicant's absence from a residence due to vacation, confinement to hospital, or other similar temporary absence.
(2) Written notice is required when a claimant's claim is denied under Title 59, Chapter 2a, Tax Relief Through Property Tax.
(3) Household income shall be calculated as of January 1 of the year for which a claim is filed for a credit under Section 59-2a-205 or 59-2a-305.
(4) The term "property taxes accrued," defined in Section 59-2a-101, does not include taxes accumulated for two or more years and claimed in one year.
(5) A person who pays property taxes on a mobile home and rents the land under the mobile home may claim both a renter's credit under Section 59-2a-205 for the rent paid on the land and a homeowner's credit under Section 59-2a-305 for the property tax paid on the mobile home.
(6)(a) The commission shall include a state welfare assistance payment in the calculation of household income under Section 59-2a-205, but may not consider a state welfare assistance payment as a rental assistance payment that reduces the gross rent claimed for a renter's credit under Section 59-2a-205.
(b) The commission may not include a housing assistance payment received under Section 8 of the United States Housing Act of 1937, 42 U.S.C. 1437f, in the calculation of household income under Section 59-2a-205, but shall consider the housing assistance payment as a rental assistance payment that reduces the gross rent claimed for a renter's credit under Section 59-2a-205.
(7) A person that claims a property tax exemption under Title 59, Chapter 2, Part 11, Exemptions, or a property tax exemption, deferral, reduction or abatement under Title 59, Chapter 2a, Tax Relief Through Property Tax, may also claim a renter's credit under Title 59, Chapter 2a, Part 2, Renter's Credit, or a homeowner's credit under Title 59, Chapter 2a, Part 3, Homeowner's Credit, or both.
(8) The time for filing an application for relief under Title 59, Chapter 2a, Tax Relief Through Property Tax, is extended to December 31 of the year the application is due if:
(a) the applicant was incapable of filing an application as a result of a medical emergency to the applicant or an immediate family member of the applicant during a reasonable time before the application was due, and no co-owner of the property was capable of filing the application;
(b) the applicant or an immediate family member of the applicant died during a reasonable time before the application was due, and no co-owner of the property was capable of filing an application; or
(c) the applicant was unable to file an application because of extraordinary and unanticipated circumstances that occurred during a reasonable time before the application was due and no co-owner of the property was capable of filing the application.
(9) If an application filed after September 1 is denied because the application does not meet one or more grounds for extension described in Subsection (8):
(a) the denial shall be in writing, stating the reasons and statutory basis for the denial; and
(b) an applicant may appeal the denial to the commission as described in Section 59-2-1006 and Section R861-1A-9.
R884-24P-7. Assessment of Mining Properties Pursuant to Utah Code Ann. Section 59-2-201.
A. Definitions.
1. "Allowable costs" means those costs reasonably and necessarily incurred to own and operate a productive mining property and bring the minerals or finished product to the customary or implied point of sale.
a) Allowable costs include: salaries and wages, payroll taxes, employee benefits, workers compensation insurance, parts and supplies, maintenance and repairs, equipment rental, tools, power, fuels, utilities, water, freight, engineering, drilling, sampling and assaying, accounting and legal, management, insurance, taxes (including severance, property, sales/use, and federal and state income taxes), exempt royalties, waste disposal, actual or accrued environmental cleanup, reclamation and remediation, changes in working capital (other than those caused by increases or decreases in product inventory or other nontaxable items), and other miscellaneous costs.
b) For purposes of the discounted cash flow method, allowable costs shall include expected future capital expenditures in addition to those items outlined in A.1.a).
c) For purposes of the capitalized net revenue method, allowable costs shall include straight- line depreciation of capital expenditures in addition to those items outlined in A.1.a).
d) Allowable costs does not include interest, depletion, depreciation other than allowed in A.1.c), amortization, corporate overhead other than allowed in A.1.a), or any expenses not related to the ownership or operation of the mining property being valued.
e) To determine applicable federal and state income taxes, straight line depreciation, cost depletion, and amortization shall be used.
2. "Asset value" means the value arrived at using generally accepted cost approaches to value.
3. "Capital expenditure" means the cost of acquiring property, plant, and equipment used in the productive mining property operation and includes:
a) purchase price of an asset and its components;
