US Laws, Codes, Statutes & Cases

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 17
                              TAXATION OF FOREST
                          LANDS AND FOREST PRODUCTS
    63-1703.  CERTAIN FOREST LANDS TO BE DESIGNATED FOR TAXATION BY OWNER --
LIMITATIONS. For the purposes of appraisal, assessment and taxation under the
provisions of this chapter, all forest lands in parcels of five (5) or more
acres but less than five thousand (5,000), whether contiguous or not, as long
as such parcels are held in common ownership, must be designated by the forest
landowner to be subject to the provisions of either subsection (a) or (b) of
this section. A forest landowner cannot have parcels designated under the
provisions of both subsections (a) and (b) of this section at one (1) time. If
the forest landowner fails to make a designation, his forest lands shall be
subject to appraisal, assessment and taxation under the provisions of section
63-1702, Idaho Code. Once a designation is made by the forest landowner, such
designation must remain in effect until the designation period expires, unless
the forest lands are transferred to another owner using a different taxing
category; in such case, the taxing category of the transferred forest lands
shall be the same as that maintained by the new owner.
    A forest landowner may change the designation of all forest lands in
common ownership at the end of any designation period, subject to the
recapture of any deferred taxes due as a result of such change. After January
1 and by December 31 of the tenth year of each designation period the forest
landowner must notify the county assessor of any change in forest land
designation. Failure to notify the county assessor will result in the
continuation of the landowner's present designation until the end of the next
designation period.
    Any substantial change in the use of forest lands not conforming with the
definition of forest land in section 63-1701, Idaho Code, during such ten (10)
year period under the designations made in subsection (a) or (b) shall be
reported by the landowner to the county assessor within thirty (30) days of
the change in use. Upon notification of the change in use, the assessor shall
appraise, assess and tax those acres as provided by applicable laws and rules.
Failure to notify the assessor of the change in use when forest lands have
been designated as subject to the provisions of subsection (a) or (b) shall
cause forfeiture of such designation, and cause that property to be appraised,
assessed and taxed as provided in section 63-1702, Idaho Code.
    Forest lands designated for assessment pursuant to the provisions of
section 63-1706, Idaho Code, shall be subject to the recapture of deferred
taxes upon removal of such designation, a substantial change in use, or
ownership transfer, except that there shall be no recapture initiated upon
ownership transfer of forest lands designated as subject to the provisions of
section 63-1706, Idaho Code, to a landowner with forest lands already
designated as subject to the provisions of section 63-1706, Idaho Code, prior
to the transfer, or who so designates his lands to be subject to the
provisions of section 63-1706, Idaho Code. In the event payment is offered or
made, it shall be accepted by the county treasurer and applied in the manner
of payment of other property tax.
    The dollar amount of deferred taxes subject to recapture shall be
determined by the county assessor by applying current tax levies against the
current values that would have been in effect if the lands were subject to
appraisal and assessment during the current year under the provisions of
section 63-1705, Idaho Code, if there has been a change in ownership or a
removal of designation, or section 63-1702, Idaho Code, if there has been a
change in use with no change in ownership, which amount shall be multiplied by
the number of years that the lands have been subject to the designation under
section 63-1706, Idaho Code. The amount of the deferred tax shall accrue
through designation periods, up to a maximum of ten (10) years, and shall
apply to the most recent ten (10) years in which the parcel has been
designated under the provisions of section 63-1706, Idaho Code. A credit shall
be allowed for taxes actually paid under the provisions of section 63-1706,
Idaho Code, for an identical ten (10) year period, up to the total amount of
the deferred taxes. All deferred amounts shall be a lien against the land.
Deferred tax amounts shall be calculated by the county assessor on forms
prescribed by the state tax commission. Deferred tax amounts shall be supplied
by the county assessor to the county treasurer by May 15 of the year following
conveyance or within thirty (30) days of removal of designation, or of
learning of a change in use. All deferred tax amounts shall be due and payable
to the county treasurer on demand and shall become delinquent if not paid by
the demand due date specified by the county treasurer on the forms prescribed
by the state tax commission. If the deferred tax is not paid as provided
above, the payment becomes delinquent and subject to late charges, and
interest in  the amounts provided in sections 63-201(7) and 63-1001, Idaho
Code, and subject to collection in the manner as set forth in chapter 10,
title 63, Idaho Code. Estimated deferred tax amounts may be held by the county
treasurer in a tax anticipation account from the date of conveyance until June
1 of the year following conveyance.
    The county treasurer shall cause the deferred taxes and any penalty and
interest paid pursuant to the provisions of this section to be apportioned to
the various taxing authorities within which the property subject to the tax is
located in the same manner as property taxes.
    (a)  A forest landowner may choose to have his forest land assessed,
appraised and taxed under the provisions of section 63-1705, Idaho Code, by
filing such choice with the county assessor on a form prescribed by the state
tax commission. Designation filed pursuant to section 63-1705, Idaho Code,
shall become effective the first day of January following the year of
designation.
    (b)  A forest landowner may choose to have his forest land assessed,
appraised and taxed under the provisions of section 63-1706, Idaho Code, by
filing such choice with the county assessor on a form prescribed by the state
tax commission. Designation filed pursuant to section 63-1706, Idaho Code,
shall become effective the first day of January following the year of
designation.
    (c)  All forest products or timber harvested from investment lands not
designated as subject to the provisions of section 63-1702, 63-1705 or
63-1706, Idaho Code, and delivered to a point of utilization as logs or
semiprocessed forest products (except those forest products harvested for the
domestic use of the landowner under the provisions of section 63-1708, Idaho
Code) shall be subject to the yield tax at the time of harvest in the same
manner provided for in section 63-1706, Idaho Code.