Tax deferral.

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  • (1)
    • (a) In accordance with this part, a county may defer a tax on residential property after giving notice to the taxpayer.
    • (b) In determining a deferral, a county shall consider an asset transferred to a relative by an applicant for deferral, if the transfer took place during the three years prior to the day on which the applicant applied for deferral.
  • (2) A county may grant a deferral at any time:
    • (a) after the holder of each mortgage or trust deed outstanding on the property gives written approval of the application; and
    • (b) if the applicant is not the owner of income-producing assets that could be liquidated to pay the tax.
  • (3) Taxes deferred by the county accumulate with interest as a lien against the residential property, as described in Subsection (4), until the owner sells or otherwise disposes of the residential property.
  • (4) Deferred taxes under this section:
    • (a) bear interest at an interest rate equal to the lesser of:
      • (i) 6%; or
      • (ii) the federal funds rate target:
        • (A) established by the Federal Open Markets Committee; and
        • (B) that exists on the January 1 immediately preceding the day on which the taxes are deferred; and
    • (b) have the same status as a lien as described in Sections 59-2-1301 and 59-2-1325.
  • (5) If the owner of residential property that is granted deferral under this section is an indigent individual, during the period of deferral the county may not subject the residential property to a tax sale.




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