Subdivision 1. Abatement authorization. (a) Notwithstanding section 375.192, a county board may grant an abatement of net tax for homestead and nonhomestead property under the provisions of this paragraph for taxes payable in the year in which the destruction occurs if:
(1) the owner submits a written application to the county assessor as soon as practical after the damage has occurred;
(2) the owner submits a written application to the county board as soon as practical after the damage has occurred; and
(3) the county assessor determines that 50 percent or more of a homestead dwelling or other building has been (i) unintentionally or accidentally destroyed, or (ii) destroyed by arson or vandalism by someone other than the owner.
Abatements granted under this paragraph are not subject to approval by the commissioner of revenue.
(b) Notwithstanding sections 270C.86 and 375.192, the commissioner of revenue may grant an abatement of net tax for utility property for taxes payable in the year in which the destruction occurs if:
(1) the owner submits a written application to the commissioner as soon as practical after the damage has occurred;
(2) the owner forwards a copy of the written application to the county board as soon as practical after the damage has occurred; and
(3) the commissioner determines that 50 percent or more of the property has been (i) unintentionally or accidentally destroyed, or (ii) destroyed by arson or vandalism by someone other than the owner.
Abatements granted under this paragraph are not subject to approval by the county board of the county where the property is located.
Subd. 2. Abatement limits and allowances. (a) In the case of a property located within a disaster or emergency area, the abatement under this section is limited to the difference between (i) the net tax on the property computed using the market value of the property established for the January 2 assessment in the year in which the damage occurred, and (ii) the net tax computed using the reassessed value.
(b) In the case of property not located in a disaster or emergency area, the abatement under this section is limited to the result obtained by multiplying the difference in the net tax on the property computed using the market value of the property established for the January 2 assessment in the year in which the damage occurred, and the net tax computed using the reassessed value, times a fraction, the numerator of which is the number of months in the assessment year that the structure was not usable and the denominator of which is 12. If a structure was usable for a fraction of a month, that month is not included in the numerator.
(c) If application is made after payment of all or a portion of the taxes being abated, the portion already paid shall be refunded to the taxpayer by the county treasurer as soon as practical.
Subd. 3. Reimbursement, levy, and appropriation. (a) If the destruction occurs as a result of a disaster or emergency and the property is located in a disaster or emergency area, the county auditor shall certify the abatements granted under this section to the commissioner of revenue for reimbursement to each taxing jurisdiction in which the damaged property is located. The commissioner shall make the payments to the taxing jurisdictions containing the property, other than school districts and the state, at the time distributions are made under section 473H.10, subdivision 3. Reimbursements to school districts shall be made as provided in section 273.1392. No reimbursement is to be paid to the state treasury.
(b) Local taxing authorities may levy in the following year the amount of unreimbursed tax dollars lost as a result of the reductions granted pursuant to this section and sections 273.1234 and 273.1235 outside of any statutory restriction as to levy amount or tax rate.
(c) There is annually appropriated from the general fund to the commissioner of revenue an amount necessary to make the payments required by this section.
1Sp2007 c 2 art 3 s 8; 2008 c 366 art 15 s 7,8
Structure Minnesota Statutes
Chapters 272 - 289 — Property Taxes
Chapter 273 — Taxes; Listing, Assessment
Section 273.01 — Listing And Assessment, Time.
Section 273.02 — Omitted Property.
Section 273.03 — Real Estate; Assessment; Method.
Section 273.032 — Market Value Definition.
Section 273.05 — Assessors; Appointment, Term, And Oath.
Section 273.051 — City Assessors, Term.
Section 273.052 — Appointment; Application.
Section 273.053 — Assessment; Expenses.
Section 273.0535 — County Or Local Assessing District To Assume Cost Of Training.
Section 273.054 — Duties And Powers Of Assessor.
Section 273.055 — Resolution To Appoint Assessor; Termination Of Local Assessor's Office.
Section 273.056 — Revocation Of County Assessor's Election; Local Assessors.
Section 273.06 — Deputy Assessors.
Section 273.061 — Establishment Of Office For Each County.
Section 273.062 — Valuation And Assessment Of Personal Property.
Section 273.063 — Application; Limitations.
Section 273.064 — Examination Of Local Assessor's Work; Completion Of Assessments.
Section 273.0645 — Commissioner Review Of Assessment Practices.
Section 273.065 — Delivery Of Assessment Appraisal Records; Extensions.
Section 273.072 — Agreements For Joint Assessment.
Section 273.0755 — Training And Education Of Property Tax Personnel.
Section 273.08 — Assessor's Duties.
Section 273.10 — School Districts.
Section 273.105 — Internal Revenue Code.
Section 273.11 — Valuation Of Property.
Section 273.1101 — Valuation, Terminology In Statutes, Laws Or Charters.
Section 273.1102 — Rate Of Tax, Terminology Of Laws Or Charters.
Section 273.1104 — Iron Ore, Value.
Section 273.1108 — Annual Report On Agricultural Valuation And Classification.
Section 273.111 — Agricultural Property Tax.
Section 273.1115 — Aggregate Resource Preservation Property Tax Law.
Section 273.112 — Private Outdoor Recreational, Open Space And Park Land Tax.
Section 273.113 — Tax Credit For Property In Proposed Bovine Tuberculosis Modified Accredited Zone.
Section 273.114 — Rural Preserve Property Tax Program.
Section 273.117 — Conservation Property Tax Valuation.
Section 273.118 — Tax Paid In Recognition Of Congressional Medal Of Honor.
Section 273.119 — Conservation Tax Credit.
Section 273.12 — Assessment Of Real Property.
Section 273.121 — Valuation Of Real Property, Notice.
Section 273.1231 — Tax Relief For Destroyed Property; Definitions.
Section 273.1232 — Tax Relief For Destroyed Property; General Provisions.
Section 273.1233 — Tax Relief For Destroyed Property; Local Option Disaster Abatement.
Section 273.1234 — Tax Relief For Destroyed Property; Homestead And Disaster Credits.
Section 273.1235 — Tax Relief For Destroyed Property; Local Option Disaster Credits.
Section 273.124 — Homestead Determination; Special Rules.
Section 273.1245 — Classification Of Data.
Section 273.125 — Assessment Of Manufactured Homes.
Section 273.128 — Certification Of Low-income Rental Property.
Section 273.13 — Classification Of Property.
Section 273.1315 — Certification Of Class 1b Property.
Section 273.1319 — Single Family Housing; Noncompliance; Minneapolis And St. Paul.
Section 273.1321 — Vacant Commercial Industrial Properties.
Section 273.1325 — Adjustment Of Net Tax Capacity.
Section 273.134 — Taconite And Iron Ore Areas; Tax Relief Area; Definitions.
Section 273.1341 — Taconite Assistance Area.
Section 273.1342 — Electric Generating Plants In Taconite Tax Relief Areas.
Section 273.135 — Homestead Property Tax Relief.
Section 273.136 — Taconite Property Tax Relief Account; Replacement Of Revenue.
Section 273.1384 — Agricultural Homestead Market Value Credit.
Section 273.1387 — School Building Bond Agricultural Credit.
Section 273.1391 — Supplementary Homestead Property Tax Relief.
Section 273.1392 — Payment; School Districts.
Section 273.1393 — Computation Of Net Property Taxes.
Section 273.1398 — Disparity Reduction Aid And Credit.
Section 273.16 — Determination Of Classification.
Section 273.165 — Taxation Of Separate Mineral Interests And Unmined Iron Ore.
Section 273.1651 — Taxation And Forfeiture Of Stockpiled Metallic Minerals Material.
Section 273.17 — Assessment Of Real Property.
Section 273.18 — Listing, Valuation, And Assessment Of Exempt Property By County Auditors.
Section 273.19 — Lessees And Equitable Owners.
Section 273.20 — Assessor May Enter Dwellings, Buildings, Or Structures.
Section 273.21 — Neglect By Auditor Or Assessor; Penalty.
Section 273.25 — Lists To Be Verified.
Section 273.26 — Personal Property; Where Listed.
Section 273.32 — Elevators And Warehouses On Railroad.
Section 273.33 — Express, Stage And Transportation Companies; Pipelines.
Section 273.35 — Gas And Water Companies.
Section 273.36 — Electric Light And Power Companies.
Section 273.37 — Companies Supplying Electric Power.
Section 273.371 — Reports Of Utility Companies.
Section 273.3711 — Recommended And Ordered Values.
Section 273.372 — Proceedings And Appeals; Utility Or Railroad Valuations.
Section 273.38 — Percentage Of Assessments; Exceptions.
Section 273.40 — Annual Tax On Cooperative Associations.
Section 273.41 — Amount Of Tax; Distribution.
Section 273.42 — Rate Of Tax; Entry And Certification; Credit On Payment; Property Tax Credit.
Section 273.425 — Adjustment Of Levy.
Section 273.43 — Personal Property Of Certain Companies, Where Listed.
Section 273.46 — Assignees And Receivers.
Section 273.47 — Property Moved Between January And March.
Section 273.48 — Where Listed In Case Of Doubt.
Section 273.50 — Lists May Be Destroyed.
Section 273.51 — [Impliedly repealed, see Bemis Bro Bag Co v Wallace 197 Minn 216, 266 NW 690]
Section 273.65 — Failure To List; Examination Under Oath; Duties Of Assessor.
Section 273.66 — Owner Absent Or Sick.
Section 273.67 — Procedure When Owner Does Not List Or Is Not Sworn.