§ 26-26-1118 - Limitation on increase of property's assessed value.
26-26-1118. Limitation on increase of property's assessed value.
(a) (1) (A) There is established a homestead property tax credit for each assessment year that reduces the amount of real property taxes assessed on the homestead of each property owner by three hundred fifty dollars ($350).
(B) However, an assessment shall not be reduced to less than zero dollars ($0.00).
(2) Each property owner shall pay the reduced tax amount to the county.
(3) The homestead property tax credit adopted by this section shall be reflected on the tax bill sent to the property owner by the county collector.
(4) The county and taxing units within the county are entitled to reimbursement of the tax reduction resulting from the homestead property tax credit in accordance with 26-26-310.
(b) (1) Each county assessor shall be responsible for identifying those parcels of real property that are used as homestead residences prior to issuing tax bills.
(2) (A) Each property owner shall register with the county assessor proof of eligibility for the property tax credit if the property owner intends to claim a property tax credit.
(B) (i) The registration may be attached to the deed or other instrument conveying an interest in real property and filed with the circuit clerk, who shall remit the registration to the county assessor.
(ii) The registration form shall not be filed by the circuit clerk.
(C) The property owner may submit a registration for the property tax credit directly to the county assessor.
(3) In no event shall the property tax credit authorized by subdivision (a)(1) of this section be allowed after October 10 of the year after the assessment.
(4) (A) A parcel of real property shall qualify as a homestead prior to January 1 of the year after assessment to be eligible for the property tax credit.
(B) Once a parcel of real property is determined to be eligible for the property tax credit, the parcel of real property shall remain eligible for that year regardless of a change in the use of the parcel of real property during the year.
(5) (A) The parties to a transfer of real property may prorate, as between themselves, the property tax credit and the benefits of the property tax credit by agreement of the parties.
(B) If a parcel of real property qualifies for the property tax credit, the property tax credit shall apply regardless of who or what entity pays the property tax.
(6) (A) When real property is transferred, the purchaser of the real property shall notify the county assessor of the new use of the real property.
(B) The notification may be by affidavit provided by the purchaser of the real property or on a form provided by the county assessor.
(7) (A) The Division of Vital Records of the Department of Health shall send to the county assessor a monthly report listing the residents of that county who have died.
(B) The report shall be sent to each county assessor by:
(i) Electronic mail;
(ii) Fax; or
(iii) United States Postal Service.