Partial Exemption For Remediated Land

Sections 63-602BB, 39-7203, 39-7204, 39-7207, Idaho Code 01. Definitions. (7-1-24) a. The application for partial exemption is the form, provided by the Tax Commission, available from the Tax Commission or the county assessor and used to apply for the exemption provided by Section 63-602BB, Idaho Code. (7-1-24) b. The certificate of completion is the document issued by the Department of Environmental Quality after the successful completion of a voluntary remediation work plan pursuant to Section 39-7207(1), Idaho Code. The person receiving the “certificate of completion” will record a copy of the “certificate of completion” with the deed for the “site” on which the remediation took place pursuant to Section 39-7207(2), Idaho Code. (7-1-24) c. The covenant not to sue is the document issued by the Department of Environmental Quality pursuant to Section 39-7207(4), Idaho Code, upon request from a person receiving the “certificate of completion.” (7-1-24) d. The qualifying owner is the entity identified as the owner on the deed to the property at the time the “certificate of completion” is issued by the Department of Environmental Quality. (7-1-24) e. The remediated land is the “site” on which the remediation, as defined in Section 39-7203(7), Idaho Code, has been completed. (7-1-24) IDAHO ADMINISTRATIVE CODE IDAPA 35.01.03 State Tax Commission Property Tax Administrative Rules Section 629 Page 53 f. The remediated land value is the market value for assessment purposes of the land on January 1 of the year following the issuance of the certification of completion (after remediation) less the market value for assessment purposes of the land on January 1 prior to the issuance of the certification of completion (before remediation). (7-1-24) g. A site is a parcel of real estate for which an application has been submitted under Section 39-7204, Idaho Code. The site is that parcel identified on the application as described in IDAPA 58.01.18, “Idaho Land Remediation Rules,” including the assessor’s parcel numbers(s) and on the voluntary remediation work plan as described in IDAPA 58.01.18, Section 022. (7-1-24) 02. Procedures to Qualify for the Exemption. The “qualifying owner,” or agent thereof, must complete the following procedures for the “site” to qualify for the exemption. (7-1-24) a. Obtain and complete the application for partial exemption. (7-1-24) b. Submit the application for partial exemption and copies of the certificate of completion and the covenant not to sue to the county assessor of the county in which the site is located. (7-1-24) c. File the application for partial exemption with the county assessor on or before March 15 of the year for which the exemption is claimed. The application for partial exemption must be filed only once, during the first year of seven (7) year exemption period. (7-1-24) 629. PROPERTY EXEMPT FROM TAXATION -- QUALIFIED EQUIPMENT UTILIZING POST CONSUMER OR POST INDUSTRIAL WASTE. Section 63-602CC, Idaho Code 01. Application. The exemption will be allowed only if the owner files the form prescribed by the Tax Commission, which reports for the previous calendar year, the actual time each piece of qualified equipment is in use in the production of qualified “product” and non-qualified “product.” The petition must be signed by the owner or duly authorized agent. (7-1-24) 02. Declaration. The declaration will contain an itemized listing of all machinery or equipment. Each component part of the system must be identified by a brief description, the date of purchase and original cost, and the percentage of production time the component is devoted exclusively to the production of “product.” The completed declarations must be filed with the county assessor by March 15th of each year. (7-1-24) 03. Inspection. The county or Tax Commission representative may inspect the property or the owner’s records to identify components petitioned for exemption. Those components listed on the declaration must be identifiable as qualifying personal property assets of the claimant. (7-1-24)