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I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

I bought a house in September and everyone I ask either has their taxes done by an actual Tax person or lives in another state so they've never seen this question.
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12 Replies
PatriciaV
Employee Tax Expert

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

What state do you live in?
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I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

Sorry, that does seem pretty important doesn't it. I live in Utah. It references Utah State Code UC Subsection 59-2-103. I Googled that last night and read it like 10 times and I still couldn't figure it out. Let me know if you can figure it out. Thanks!

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

IS there an answer to this questions? Wondering as well.
PatriciaV
Employee Tax Expert

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

Yes, this question refers to the Utah Primary Residential Exemption that applies to residents of Utah who own or rent a qualifying residence in the State of Utah.

If you reside in Utah and have your primary residence in the state, then you would answer "No" to the question, "Do you declare that you no longer qualify...?"

If, however, you no longer reside in Utah and/or your primary residence is outside the state, then you would answer "Yes" to indicate that you are no longer claiming this exemption.

You may need to apply with the county assessor to receive this exemption on your property taxes. Read more here: Utah Property Tax Commission

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I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

What I've read on Utah.gov, seems like Utah allows property owners to claim this exemption if they rent out their property to long-term tenants, as long as tenant lives over 183 days/year in the property. 

 

Now, my question is: does the owner have to be necessarily a Utah resident to claim the exemption on an investment property (occupied by a long-term tenant which claims the house as his/her permanent residence) or can the owner be a non-resident (living in a different state)?

 

JotikaT2
Employee Tax Expert

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

It does not indicate that you need to be a resident of Utah.

 

It depends upon who is residing in the home at the time the exemption is being claimed.  

 

Primary residential exemption

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I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

Here is the link to the Utah Tax commission for Property Taxes for Primary Residence.

Select "NO" in Turbo Tax if you are a Utah residence to lower your Property Tax evaluation.

 

https://propertytax.utah.gov/general/primary-residential-exemption 

 

 

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

I moved out of Utah but had a rental home in Salt Lake. I was told that if I claimed the residential exemption that I would have to pay Utah Income Tax for ALL money I made regardless of where I made it. This means that I would have to pay Utah income on money I'm making from my employer in another state, a state which is also charging an income on that same money.  Has anyone else had to deal with this?  Is this true? If so, where is the Utah code that clarifies this?

MarilynG1
Expert Alumni

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

@Broker Todd As a Non-Resident, Utah will only tax you on 'Utah-sourced income' (your rental income).

 

You may report all of your income (from your Federal return), but Utah makes an adjustment for non-Utah income, as most states normally do. 

 

Click this link for more info on How to File a Non-Resident State Return

 

This link has more info Utah Non-Resident Income.

 

Pay close attention to 'adjustment' screens as you go through the Utah State interview. 

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I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

If you are still renting it out or if someone lives in your property more than half of the year, then it is still considered used for residential purposes and you are entitled to residential exemption. So, you should not declare that you no longer qualify for residential exemption. If it is not occupied/used for residential purposes for more than 6 moth, then you no longer qualify for residential exemption and should declare so.

Atorrez
New Member

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

Do not reside in Utah but earn income from Utah. If I mark yes then it wants the county in Utah we reside in but we do not reside in Utah at all. It doen't seem to want to accept a no entry. 

ErnieS0
Expert Alumni

I don't understand what I should put for this question. "Do you declare you no longer qualify to receive a residential exemption?" Yes or No.

Check whether you are filing a non-resident Utah return. I think TurboTax is asking about a county for the use tax. That question should not come up for a non-resident.

 

In the Utah section, on "We've Recommended a Residency Status," it should say Nonresident (Form TC-40 and Form TC-40B). If not, select Change Residency.

 

@Atorrez

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