2023 23LSO-0566
STATE OF WYOMING
HOUSE BILL NO. HB0162
County optional tax-affordable housing.
Sponsored by: Representative(s) Yin and Storer and Senator(s) Gierau
A BILL
for
1 AN ACT relating to taxation and revenue; providing for an
2 optional excise tax on the sale of real property as
3 specified; providing for distribution of the tax; requiring
4 rulemaking; imposing penalties; making conforming
5 amendments; and providing for effective dates.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 39-24-101 through 39-24-111 are
10 created to read:
11
12 CHAPTER 24
13 REAL ESTATE TRANSFER TAX
14
15 39-24-101. Definitions.
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1
2 (a) As used in this chapter:
3
4 (i) "Affordable housing" means residential
5 housing that is rented to or owned by a person who
6 qualifies as a low income or moderate income household, as
7 defined by the city, town or county where the housing is
8 located;
9
10 (ii) "Agricultural land" means land which meets
11 the requirements of W.S. 39-13-103(b)(x) for the purpose of
12 tax assessment;
13
14 (iii) "Consideration" means any property or
15 thing of legal value whether delivered in the past, present
16 or to be delivered in the future and includes like kind
17 exchanges of property;
18
19 (iv) "Conveyance" means as defined by W.S.
20 34-1-102;
21
22 (v) "Deed" means a conveyance of real property,
23 in writing signed by the grantor, whereby the interest held
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1 by the grantor to real property is transferred from a
2 grantor to a grantee;
3
4 (vi) "Real property" means as defined by W.S.
5 39-11-l0l(a)(xv).
6
7 39-24-102. Administration.
8
9 The department shall enforce the provisions of this
10 chapter. The department shall promulgate rules necessary
11 for the implementation and enforcement of this chapter.
12
13 39-24-103. Imposition.
14
15 (a) Taxable event. A county may impose an excise tax
16 on the sale of real property under W.S. 39-24-104(a),
17 provided that:
18
19 (i) The revenue from the tax shall be used only
20 for affordable housing projects as provided in the
21 proposition submitted to the qualified electors;
22
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1 (ii) No tax shall be imposed under W.S.
2 39-24-104(a) until the proposition to impose the tax is
3 submitted to a vote of the qualified electors of the
4 county, and a majority of those casting their ballots at
5 the election vote in favor of imposing the tax;
6
7 (iii) The proposition to impose the tax shall be
8 at the expense of the county and be submitted to the
9 electors of the county upon the receipt by the board of
10 county commissioners of a petition requesting the election
11 signed by at least five percent (5%) of the electors of the
12 county or of a resolution approving the proposition from
13 the governing body of the county and the governing bodies
14 of at least fifty percent (50%) of the incorporated
15 municipalities within the county. If proposed by petition
16 by electors, the number of electors required shall be
17 determined by the total number of votes cast at the last
18 general election. The election shall be at the direction
19 and under the supervision of the board of county
20 commissioners;
21
22 (iv) The proposition to impose the tax may be
23 submitted at an election held on a date authorized under
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1 W.S. 22-21-103. A notice of election shall be given in at
2 least one (1) newspaper of general circulation published in
3 the county in which the election is to be held, and the
4 notice shall specify the object of the election. The notice
5 shall be published at least once each week for the thirty
6 (30) day period preceding the election. At the election the
7 ballots shall contain the words "for the county real estate
8 transfer tax" and "against the county real estate transfer
9 tax". The ballot in an election under this section shall
10 specify the amount of sale that is excluded from the tax as
11 provided in W.S. 39-24-104(a)(i) and shall specify how
12 funds from the tax will be used in a clear and appropriate
13 manner, subject to paragraph (i) of this subsection;
14
15 (v) If the proposition to impose the tax under
16 W.S. 39-24-104(a) is approved, the same proposition shall
17 be submitted, until defeated, at the second general
18 election following the election at which the proposition
19 was initially approved and at the general election held
20 every four (4) years thereafter;
21
22 (vi) If the proposition to impose or continue
23 the tax is defeated, the proposition shall not again be
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1 submitted to the electors of the county for at least eleven
2 (11) months. If the proposition is defeated at any general
3 election following initial adoption of the proposition, the
4 tax is repealed;
5
6 (vii) If the proposition is approved by the
7 qualified electors, the board of county commissioners shall
8 by resolution impose the tax upon the sale of real
9 property.
10
11 (b) Basis of tax. The tax shall be collected based
12 on the full actual consideration paid for the legal title
13 or beneficial interest conveyed including any lien assumed
14 using the best available information. For a gift or any
15 deed transferred with nominal consideration or without
16 stated consideration, the tax shall be collected based on
17 the most recent fair market value, as determined by the
18 county assessor, of the real property or interest that is
19 transferred.
20
21 (c) Taxpayer. The grantee shall pay the tax under
22 this chapter.
23
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1 39-24-104. Taxation rate.
2
3 (a) The tax shall be based on the total amount of the
4 real property sale in the following percentages as
5 specified in the proposition submitted to the qualified
6 electors:
7
8 (i) For any amount of a sale up to the amount
9 determined in the initial proposition not to exceed one
10 million five hundred thousand dollars ($1,500,000.00): zero
11 percent (0%);
12
13 (ii) For any amount of a sale in excess of the
14 amount specified in paragraph (i) of this subsection: one
15 percent (1%).
16
17 39-24-105. Exemptions.
18
19 (a) The tax under this chapter shall not be imposed
20 upon any deed of legal title to or beneficial interest in
21 real property that is recorded:
22
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1 (i) Prior to July 1, 2024, including any deed
2 recorded as the result of any transfer of real property
3 that is completed pursuant to a contract that was executed
4 prior to July 1, 2024 even if the deed is recorded after
5 that date;
6
7 (ii) To confirm, correct, modify or supplement a
8 previously recorded instrument without added consideration;
9
10 (iii) For any transfer without consideration
11 from one (1) joint tenant or tenant in common to one (1) or
12 more remaining joint tenants or tenants in common;
13
14 (iv) For any transfer without consideration when
15 held in the name of one (1) spouse to both spouses as joint
16 tenants, tenants in common, tenants by the entirety or as
17 community property;
18
19 (v) For any transfer between spouses, including
20 any gift between spouses;
21
22 (vi) For any transfer pursuant to a court order
23 or decree including any transfer of legal title to or
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1 beneficial interest in real property between spouses to
2 effect a property settlement agreement or between former
3 spouses in compliance with a decree of divorce;
4
5 (vii) For any transfer without consideration to
6 or from a trust;
7
8 (viii) For any transfer between a parent and
9 child, including a gift;
10
11 (ix) For any transfer to make effective any plan
12 of reorganization or adjustment under which a mere change
13 in identity, form or place of organization is affected,
14 including a transfer between a corporation and its parent
15 corporation or a subsidiary corporation;
16
17 (x) For any transfer due to the sale of the
18 property for delinquent taxes or assessments or due to a
19 sale or transfer pursuant to foreclosure;
20
21 (xi) For any transfer conducted through a county
22 certificate of purchase or a sheriff's deed;
23
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1 (xii) For any transfer of agricultural land;
2
3 (xiii) For any exchange of real property, the
4 tax shall not apply to the portion of the properties'
5 combined value equal to the value of the lowest valued
6 property being exchanged, as determined by the county
7 assessor for the previous calendar year;
8
9 (xiv) For any transfer of real property exempted
10 from property taxation under W.S. 39-11-105(a)(i) through
11 (viii) and any property protected from taxation under the
12 Wyoming constitution;
13
14 (xv) For any transfer of real property interests
15 constituting a mineral estate;
16
17 (xvi) For any transfer of real property used for
18 industrial purposes as defined by W.S.
19 39-11-101(a)(xiv)(B);
20
21 (xvii) For a lease;
22
23 (xviii) For an easement;
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1
2 (xix) For any transfer of real property located
3 within the boundaries of the Wind River Indian Reservation
4 if the grantor or grantee is a member of the Eastern
5 Shoshone or Northern Arapaho tribes;
6
7 (xx) For any transfer of real property without
8 consideration to a nonprofit organization that is exempt
9 from federal income tax under section 501(c)(3) of the
10 Internal Revenue Code and that is not a private foundation
11 as defined in section 509(a) of the Internal Revenue Code;
12
13 (xxi) Any other transfer which the department
14 exempts by rule upon a finding that the transfer does not
15 represent a taxable conveyance of property due to the
16 relationship of the parties or the nature of the real
17 property.
18
19 39-24-106. Licensing; permits.
20
21 There are no specific applicable provisions for licenses
22 and permits for this chapter.
23
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1 39-24-107. Compliance; collection procedures.
2
3 (a) Returns and reports. Taxes imposed by this
4 chapter are due and payable at the office of the county
5 treasurer of the county in which the real property is
6 located on the date of recordation of the deed or other
7 instrument. The tax shall be collected on the full actual
8 consideration paid for real property, provided that if the
9 property is transferred with nominal consideration or
10 without stated consideration, the tax shall be collected
11 based on the most recent fair market value, as determined
12 by the county assessor, of the real property that is
13 transferred as the best available information. The county
14 clerk shall not record a document transferring legal title
15 to or beneficial interest in real property until all taxes
16 due under this chapter have been paid to the county
17 treasurer. The grantor and grantee shall sign, on a form
18 prescribed by the department, a statement eliciting the
19 information necessary for the assessment of the tax. The
20 statement, receipt and revenues, if disclosure of the
21 revenues would identify the amount of a single sale, are
22 not public records and shall be held confidential by the
23 county clerk, county assessor, county treasurer, county
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1 board of equalization, state board of equalization and by
2 the department.
3
4 (b) It is a misdemeanor for a person to willfully
5 disclose, except as specifically authorized by law, any
6 information on the statement required by subsection (a) of
7 this section. A violation of this section is punishable by
8 a fine of not more than seven hundred fifty dollars
9 ($750.00), imprisonment for not more than six (6) months,
10 or both.
11
12 (c) Payment. The grantee shall pay the tax under this
13 chapter. Payment shall be collected from the grantee at the
14 time of recording the deed or other instrument in the form
15 prescribed by the department. The grantee shall sign under
16 penalty of perjury on a form prescribed by the department
17 that the tax required under this chapter has been paid.
18
19 (d) Timelines. There are no specific applicable
20 provisions for timelines for this chapter.
21
22 (e) If the property being transferred is located in
23 more than one (1) county and the value has not been
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1 determined by the grantor and grantee as to each county,
2 the value and resulting taxes due under this chapter shall
3 be established by applying the ratio of the assessed
4 valuation in each county to the assessed valuation of all
5 property being transferred. If one (1) or more of the
6 counties where the property is located has not imposed a
7 tax under this chapter, the ratio of the property located
8 in that county shall not be subject to the tax.
9
10 39-24-108. Enforcement.
11
12 There are no specific applicable provisions for enforcement
13 for this chapter.
14
15 39-24-109. Taxpayer remedies.
16
17 There are no specific applicable provisions for taxpayer
18 remedies for this chapter.
19
20 39-24-110. Statute of limitations.
21
22 There are no specific applicable provisions for a statute
23 of limitations for this chapter.
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1
2 39-24-111. Distribution.
3
4 (a) Taxes collected by the county treasurer under
5 this chapter shall be distributed as follows:
6
7 (i) To the county in the proportion that the
8 population of the county situated outside the corporate
9 limits of its cities and towns bears to the total
10 population of the county including cities and towns;
11
12 (ii) To each city and town within the county in
13 the proportion the population of the city or town bears to
14 the population of the county.
15
16 (b) The revenue from the tax under this chapter shall
17 be used only for affordable housing projects as provided in
18 the proposition submitte