Updated march 2020
Possible Property Tax Relief Due To COVID-19 Pandemic
Owners of business properties in Utah may qualify for property tax relief as a result of the COVID-19 pandemic.
Generally, Utah law requires property to be taxed at its fair market value as of January 1 each year. Because COVID-19 had not impacted Utah communities as of January 1, 2020, it is unlikely that any negative impacts from the COVID-19 pandemic will be reflected in 2020 assessments. However, Utah law contains a provision for “access interruption” that occurs after January 1 and allows an adjustment to the current year’s assessment even though the events causing a decrease in fair market value occurred after January 1.
Utah Code Ann. § 59-2-1004.6 states, “if, during a calendar year, property sustains a decrease in fair market value that is caused by access interruption” then the property owner may apply for an adjustment to the property’s fair market value. “Access interruption” is defined as “interruption of the normal access to or from property due to any circumstance beyond the control of the owner.” Id. Owners may have properties, the values of which have been negatively impacted by proclamations, orders or actions denying or substantially limiting “normal access” to, or full use of, those properties during the COVID-19 pandemic. These interruptions should qualify as “access interruption” and entitle the owner to potential property tax relief. To obtain relief, the property owner must file an application with the County Board of Equalization “on or before September 30” and must prove “that the property sustained a decrease in fair market value during the applicable calendar year, that was caused by access interruption” and the amount of such decrease. Id.
Owners of business properties should pay particular attention to their property assessments to ensure that proper treatment is given to the property to account for any negative impacts of the COVID-19 pandemic. If the assessment does not take into account a reduction in value caused by the COVID-19 pandemic, the owner may wish to seek the relief explained above.
If you have any questions regarding this potential property tax relief, please do not hesitate to contact us.
David J. Crapo & John T. Deeds
Crapo Deeds, PLLC
American Property Tax Counsel (APTC)