Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.19 - GENERAL PROPERTY TAX PROVISIONS
Subchapter 42.19.4 - Property Tax Assistance Programs
Rule 42.19.407 - INTANGIBLE LAND VALUE PROPERTY TAX ASSISTANCE PROGRAM FOR RESIDENTIAL PROPERTY
Current through Register Vol. 6, March 22, 2024
(1) Property owners who meet the requirements of the intangible land value property tax assistance program, provided in 15-6-240, MCA, may apply for assistance on the department's form at http://www.mtrevenue.gov.
(2) Applications must be submitted within 30 days from the date on the classification and appraisal notice for the exemption to be considered for both years of the two-year valuation cycle.
(3) A qualifying applicant shall affirm that the property owned is the applicant's primary residence. The department may require the applicant document that the property applied for under the program qualifies as a primary residence. Examples of acceptable proof of residency include:
(4) A qualifying applicant must provide documentation that their land f has been owned by the applicant or a family member of the applicant within three degrees of consanguinity (ancestral line of descent) for at least 30 consecutive years. Examples of acceptable documentation include:
(5) Computation of consanguinity is calculated as follows:
(6) As described in 15-6-240, MCA, if the department's appraised value of the land is greater than 150 percent of the appraised value of the primary residence and improvements situated on the land, then the land is valued at 150 percent of the appraised value of the primary residence and improvements, subject to the following:
(7) For the purpose of administering (6), the department determines the statewide average value of land to be the average market value per acre of all taxable class four residential land that is valued using the acre market land valuation models. The average market value per acre is calculated by taking the total appraised value of all taxable class four residential land valued using the acre land valuation models divided by the total acreage of all taxable class four residential land valued using the acre land valuation models.
(8) In order to meet the requirements of (6), a qualifying applicant is required to reapply for the intangible land value property tax assistance program each property valuation cycle. The supporting documentation outlined in (4) may be required with any reapplication.
AUTH: 15-1-201, MCA; IMP: 15-6-240, 15-6-301, MCA