Rate of assessment of property -- Residential property.

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  • (1) As used in this section:
    • (a)
      • (i) "Household" means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses.
      • (ii) "Household" includes married individuals, who are not legally separated, who have established domiciles at separate locations within the state.
    • (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules defining the term "domicile."
  • (2) All tangible taxable property located within the state shall be assessed and taxed at a uniform and equal rate on the basis of its fair market value, as valued on January 1, unless otherwise provided by law.
  • (3) Subject to Subsections (4) through (7) and Section 59-2-103.5, for a calendar year, the fair market value of residential property located within the state is allowed a residential exemption equal to a 45% reduction in the value of the property.
  • (4) Part-year residential property located within the state is allowed the residential exemption described in Subsection (3) if the part-year residential property is used as residential property for 183 or more consecutive calendar days during the calendar year for which the owner seeks to obtain the residential exemption.
  • (5) No more than one acre of land per residential unit may qualify for the residential exemption described in Subsection (3).
  • (6)
    • (a) Except as provided in Subsections (6)(b)(ii) and (iii), a residential exemption described in Subsection (3) is limited to one primary residence per household.
    • (b) An owner of multiple primary residences located within the state is allowed a residential exemption under Subsection (3) for:
      • (i) subject to Subsection (6)(a), the primary residence of the owner;
      • (ii) each residential property that is the primary residence of a tenant; and
      • (iii) subject to Subsection (7), each residential property described in Subsection 59-2-102(34)(b)(ii).
  • (7) Before residential property described in Subsection 59-2-102(34)(b)(ii) is allowed a residential exemption described in Subsection (3), an owner of the residential property shall file with the county assessor a written declaration that:
    • (a) states under penalty of perjury that, to the best of each owner's knowledge, upon completion of construction or occupancy of the residential property, the residential property will be used for residential purposes as a primary residence;
    • (b) is signed by each owner of the residential property; and
    • (c) is on a form prescribed by the commission.





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