Organizations with tax-exempt status - forgiveness of taxes owed.

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(1) Subject to the provisions of subsection (2) of this section, any organization that, as of August 5, 2008, owes taxes that have been levied on real or personal property shall not be required to pay the balance of the taxes owed on or after August 5, 2008, if the organization meets the following requirements:

  1. The organization is a religious, charitable, or educational organization exempt fromgeneral taxation on real and personal property pursuant to sections 39-3-106 to 39-3-113.5 and 39-3-116;

  2. The organization has, before August 5, 2008, filed an application for exemption andbeen granted an exemption from general taxation on real and personal property pursuant to section 39-2-117;

  3. The organization has, before August 5, 2008, and after receiving an exemption fromproperty tax, filed an annual report required for the continuation of property tax-exempt status pursuant to section 39-2-117 (3), but the report was determined to be incomplete or otherwise incorrect when filed; and

  4. The organization, as a result of the incomplete or incorrect report referenced in paragraph (c) of this subsection (1), was denied tax-exempt status for one or more property tax years and received a property tax bill for such year or years.

  1. Any waiver of the balance of taxes owed by an organization pursuant to subsection(1) of this section shall be contingent upon the reestablishment of the organization's tax-exempt status by the property tax administrator, as authorized by the state board of equalization.

  2. The state board of equalization may authorize the property tax administrator to reestablish tax-exempt status for any organization that meets the criteria specified in paragraphs (a) to (d) of subsection (1) of this section and that paid all or any portion of a property tax bill for a year or years in which the organization was denied tax-exempt status.

Source: L. 2008: Entire section added, p. 457, § 1, effective August 5. L. 2009: (2) and (3) amended, (SB 09-042), ch. 176, p. 782, § 5, effective August 5. L. 2013: (1)(a) amended, (HB 13-1300), ch. 316, p. 1705, § 123, effective August 7.


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