63-720. RECOVERY OF ERRONEOUS AND OTHER IMPROPER DEFERRALS. (1) In addition to the provisions of section 63-719, Idaho Code, the state tax commission may recover deferrals of tax payments made under sections 63-712 through 63-721, Idaho Code, from any person who elected the deferral under section 63-714, Idaho Code, if the commission determines that:
(a) A deferral was granted to a person who is not a qualified claimant or in regard to property that is not qualified property; or
(b) The owner of the property subject to the deferral does not possess sufficient equity in that property.
(2) The deficiency determination, collection, and enforcement procedures provided by the Idaho income tax act, sections 63-3039, 63-3042, 63-3043 through 63-3064, Idaho Code, shall apply and be available to the commission for enforcement and collection under sections 63-712 through 63-721, Idaho Code, and such sections shall, for this purpose, be considered part of sections 63-712 through 63-721, Idaho Code. Wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied in enforcement or collection under sections 63-712 through 63-721, Idaho Code, be described as tax deferral liens and proceedings. In connection with such sections, a deficiency shall consist of any amount subject to recovery under this section together with any interest and penalty due thereon.
History:
[63-720, added 2006, ch. 234, sec. 1, p. 696; am. 2013, ch. 22, sec. 4, p. 43.]
Structure Idaho Code
Title 63 - REVENUE AND TAXATION
Chapter 7 - PROPERTY TAX RELIEF
Section 63-702 - REDUCTION IN PROPERTY TAXES OR OCCUPANCY TAXES — CLAIM IS PERSONAL — EXCEPTIONS.
Section 63-703 - PROCEDURE FOR FILING CLAIMS.
Section 63-704 - AMOUNT OF PROPERTY TAX OR OCCUPANCY TAX REDUCTION.
Section 63-705A - SPECIAL PROPERTY TAX OR OCCUPANCY TAX REDUCTION FOR DISABLED VETERANS.
Section 63-706 - TIME REQUIREMENTS FOR FILING CLAIM.
Section 63-707 - PROCEDURE AFTER CLAIM APPROVAL.
Section 63-708 - RECOVERY OF ERRONEOUS CLAIMS.
Section 63-709 - REIMBURSEMENT BY STATE TAX COMMISSION.
Section 63-710 - PROCEDURE AFTER REIMBURSEMENT.
Section 63-711 - CANCELLATION OF TAXES — HARDSHIP AND CASUALTY LOSSES — SPECIAL.
Section 63-714 - APPLICATION — DEFERRAL OF PROPERTY TAX.
Section 63-715 - PROCEDURES — APPEALS.
Section 63-716 - DEFERRAL — INTEREST — LIEN — PRIORITY.
Section 63-717 - REIMBURSEMENT BY STATE TAX COMMISSION.
Section 63-718 - EVENTS TERMINATING DEFERRAL — PAYMENT OF DEFERRED TAX AND INTEREST.
Section 63-719 - TAX DEED FOR DEFICIENCY IN REPAYMENT.
Section 63-720 - RECOVERY OF ERRONEOUS AND OTHER IMPROPER DEFERRALS.
Section 63-721 - KNOWINGLY FILING A FALSE CLAIM A MISDEMEANOR.