Idaho Administrative Code
Title IDAPA 35 - Tax Commission, State
Rule 35.01.03 - PROPERTY TAX ADMINISTRATIVE RULES
Section 35.01.03.609 - PROPERTY EXEMPT FROM TAXATION - HOMESTEAD

Universal Citation: ID Admin Code 35.01.03.609

Current through August 31, 2023

Sections 63-602G, 63-701, 63-703, and 63-3077, Idaho Code

01. Homestead Exemption. The Homestead Exemption granted in 63-602G, Idaho Code will also be known as the homeowner's exemption. (3-31-22)

02. Maximum Amount of Homestead Exemption. The homestead exemption is limited to the lesser of fifty percent (50%) of assessed value or one hundred thousand dollars ($100,000). (3-31-22)

03. Partial Ownership. Any partial ownership will be considered ownership for determining qualification for the homeowner's exemption; however, the amount of the exemption will be decided on the reduced proportion of the value commensurate with the proportion of partial ownership. The proportional reduction will not apply to the ownership interests of a partner of a limited partnership, a member of a limited liability company or a shareholder of a corporation when that person has no less than five percent (5%) ownership interest in the entity unless any ownership interest is shared by any entity other than the limited partnership, limited liability company or corporation. For tenants in common with two (2) improvements located on one (1) parcel of land, determine the applicable value for the homeowner's exemption using the procedure shown in Example 1 of Paragraph 609.03.a., of this rule unless the owner-occupant provides documented evidence of a different ownership interest in the improvement. See Examples 2, 3, and 4 in Paragraphs 609.03.b., 609.03.c., and 609.03.d. of this rule for additional partial ownership guidance. To calculate property tax reduction benefits when partial ownership exists, see Paragraph 700.05.b. of these rules. (3-31-22)

a. Example 1. John Smith and Bob Anderson own a property as tenants in common with two (2) residential improvements located on the property. Each residential improvement is owner occupied by one (1) of the tenants in common. The homeowner's exemption is calculated as follows:

Description

Value

Notes

Land

$42,000

Residential Improvement

$82,000

Occupied by Mr. Smith

Prorated Ownership Interest (land and improvement)

$62,000

Mr. Smith's interest

Homeowner's Exemption

$31,000

For Mr. Smith as owner occupant

Residential Improvement

$67,000

Occupied by Mr. Anderson

Prorated Ownership Interest (land and improvement)

$54,500

Mr. Anderson's interest

Homeowner's Exemption

$27,250

For Mr. Anderson as owner occupant

(3-31-22)

b. Example 2. John Smith and Bob Anderson own a parcel of land as tenants in common with two (2) residential improvements located on the parcel. Mr. Smith has documented evidence of one hundred percent (100%) interest in one (1) residential improvement and Mr. Anderson has documented evidence of one hundred percent (100%) interest in the remaining residential improvement. Each residential improvement is owner occupied. The homeowner's exemption is calculated as follows:

Item Description

Value

Notes

Land

$42,000

Split 50% to each owner

Residential Improvement

$82,000

Owned and occupied by Mr. Smith

Homeowner's Exemption

$51,500

For Mr. Smith

Residential Improvement

$67,000

Owned and occupied by Mr. Anderson

Homeowner's Exemption

$44,000

For Mr. Anderson

(3-31-22)

c. Example 3. Tom Johnson and Marie Johnson, husband and wife, and June Smith jointly own a property and occupy one (1) residential improvement located on the property. The following example shows how to calculate each homeowner's exemption.

Description

Value

Notes

Land

$95,000

Residential Improvement

$215,000

Land and Improvement

$310,000

Prorated ownership interest (land and improvement) ($310,000 X 50%)

$155,000

Mr. & Mrs. Johnson's interest

Homeowner's Exemption Maximum for 2010 ($100,000 X 50%)

$50,000

Mr. & Mrs. Johnson's Homeowner's Exemption

Prorated ownership interest (land and improvement) ($310,000 X 50%)

$155,000

Ms. Smith's interest

Homeowner's Exemption Maximum for 2017 ($100,000 X 50%)

$50,000

Ms. Smith's Homeowner's Exemption

(3-31-22)

d. Example 4. John and Susan Doe, husband and wife, and Mike Person jointly own a property, and Mr. and Mrs. Doe occupy the one (1) residential improvement located on the property. The following example shows how to calculate each homeowner's exemption.

Description

Value

Notes

Land

$65,000

Residential Improvement

$195,000

Land and Improvement

$260,000

Prorated ownership interest (land and improvement) ($260,000 X 50%)

$130,000

Mr. & Mrs. Doe's interest

Homeowner's Exemption (Maximum for 2017 is 50% up to $100,000)

$65,000

Mr. & Mrs. Doe's Homeowner's Exemption

Prorated ownership interest (land and improvement) ($260,000 X 50%)

$130,000

Mr. Person's interest

Homeowner's Exemption

$0

Mr. Person does not qualify for a homeowner's exemption on this property.

(3-31-22)

04. Part Year Ownership. For qualifying taxpayers who claimed the homeowner's exemption on an eligible property, the homestead that qualified on January 1 of the current tax year will continue to receive the exemption, provided however, the assessor may remove that property's exemption if, by April 15 of the tax year, the taxpayer owns a different homestead and requests that the exemption be transferred to the second homestead. (3-31-22)

05. Determination of Residency. The Commission may release pertinent information from any Idaho income tax return to the county assessor and the county Board of Equalization for the sole purpose of providing one (1) indicator of eligibility for the homeowner's exemption. According to Section 63-3077(4), Idaho Code, this information is confidential and is not subject to public disclosure. (3-31-22)

06. Notification of Erroneous Claims. When it is determined that an exemption granted under this Section to a taxpayer who has also received property tax relief under Chapter 7, Idaho Code, should not have been granted, the county assessor will notify the Commission of the determination. (3-31-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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