Homestead exemption for dwellings held in trust; application of Section 12-37-250

# (A)

If a trustee holds legal title to a dwelling that is the legal residence of a beneficiary sixty-five years of age or older, or totally and permanently disabled, or blind, and the beneficiary uses the dwelling, the dwelling is exempt from property taxation in the amount and manner as dwellings are exempt pursuant to Section 12-37-250, if the beneficiary meets the other conditions required for the exemption. A copy of the trust agreement must be provided to certify this exemption. The trustee may apply in person or by mail to the county auditor for the exemption on a form approved by the department. Further application is not necessary while the property for which the initial application was made continues to meet the eligibility requirements. The trustee shall notify the county auditor of a change in classification within six months of the change. If the trustee fails to notify the county auditor within six months, a penalty must be imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month. In no case may the penalty be less than thirty dollars or more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.

# (B)

The department shall reimburse the taxing entity for the taxes not collected by reason of the exemption in the same manner and under the same conditions as reimbursement is provided for the exemption allowed pursuant to Section 12-37-250.

Last amended: 1980 Act No. 389, SECTIONS 1, 2; 1993 Act No. 164, Part II, SECTION 104B; 1997 Act No. 107, SECTION 1; 2006 Act No. 386, SECTION 55.F, eff June 14, 2006; 2015 Act No. 87 (S.379), SECTION 4, eff June 11, 2015. Effect of Amendment 2015 Act No. 87, SECTION 4, in (A), added the second sentence, relating to proof for homestead exemption for property held in trust.

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