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COM 0753.003 2002-2004
vv w J. CURTIS TYLER, III Bus: (808) 327-3666 t'ice chair Fax: (808) 326-5697 Disciet 8 (North Kona) ctylei(a inteipac.net t wMr HAWAII COUNTY COUNCIL October 8, 2004 TO: Council Members FROM: J. Curtis Tyler, Ill 10 Vice Chair RE: Bill No. 320, Draft 3 Home Exemptions At the last Finance meeting, Bill 320 was amended to Draft 2 to allow more flexibility for taxpayers to file a claim for a home exemption. As a result of the amendment, Sections 19-68 and 19-72 needed to be changed to contain consistent references. Bill 320, Draft 3 includes the following additional changes: 1. Section 19-68(a)(3): Clarifies that deadline for filing a home exemption claim is on or before December 31 for the first half payment or June 30 for the second half payment. This shortens the lag period for filing from 18 months to a maximum of one year. 2. Section 19-71(a): Removes the reference to owning and occupying a principal home as of the date of assessment since the lag period comes into play. 3. Section 19-7 1 (a)(2)(A)-(F): Makes minor style changes. 4. Section 19-71(a)(2)(13): Adds that the taxpayer must certify that he/she has not other home exemption in any other jurisdiction. 5. Section 19-7 1 (a)(2)(C): Reinserts the requirement that the home must be acquired by the taxpayer by a recorded deed. 6. Section 19-71(a)(2)(E): Allows a home with a home occupation or commercial agriculture on the property or in the home to qualify for a home exemption. 7. Section 19-7 1 (e)(1)(A): Deletes owner home abandonment as a criteria for principal home and replaces it with the requirement that the taxpayer has no other home exemption or principal home in any other jurisdiction. 8. Section 19-71(e)(2)(A): Changes the number of home occupancy days from 270 to 200-the definition of a legal resident for income tax purposes. 9. Section 19-71(e)(2)©: Adds requirement that the owner must claim residency only in Hawaii. 10. Section 19-7 1 (e)(2)(D)(iii): Makes minor style change. Kona Council Office: 77-6399 Nalani Street • Suite 104 • Kailua-Kona • Hawaii • 96740-8980 comm. No. ,53.3 Hawaii County is an Equal Opportunity Provider and Employe G.f To-NGSGAW