Utah Code § 59-2-1308.5

Equal payment agreements
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(1)
(a) The commission may enter into an agreement with a commercial or industrial taxpayer to
provide for equal, or approximately equal, property tax payments over a reasonable period of
years, not to exceed 20 years, if:
(i) the payment schedule is based on an accepted valuation methodology that reasonably
estimates the property's anticipated fair market value over the period of the proposed equal
payments;
(ii) the agreement includes a provision making the initial equal payment schedule subject to
an annual adjustment, as necessary, to account for differences between the property's fair
market value as of the annual lien date and the property's fair market value that formed the
basis of the initial equal payment schedule;
(iii) the commission, the taxpayer, and each affected taxing entity approve the agreement; and
(iv) the total amount the taxpayer pays under the agreement is no less than the amount the
taxpayer would have paid in the absence of the agreement.
(b) A taxing entity may not approve an agreement under this section on behalf of another taxing
entity.
(2)
(a) Subject to Subsection (2)(b), a tax lien under this chapter against the taxpayer's property is
not affected by a payment pursuant to an agreement under this section to the extent of the
difference between the amount the taxpayer would have been required to pay in the absence
of the agreement and the amount of the payment under the agreement.
(b) For purposes of enforcing a tax lien under this chapter, a taxpayer's failure to pay the full
amount of taxes that the taxpayer would have been required to pay in the absence of an
agreement under this section does not constitute a failure to pay the full amount of taxes
owing:
(i) if the taxpayer pays the full amount of the payment owing under the agreement; and
(ii) unless the taxpayer:
(A) files for bankruptcy;
(B) transfers ownership of the property that is the subject of the property taxes; or
(C) has a change in ownership and the new owner does not assume all responsibility and
liability under the agreement.
(3)

(a) The commission may revise, accelerate, or cancel an equal payment agreement under
this section to the same extent and for the same reasons that the commission may revise,
accelerate, or cancel an installment agreement under Section 59-1-1004.
(b) The commission shall give the taxpayer reasonable notice of its intent to revise or cancel an
equal payment agreement under this section.
(4) The commission shall promulgate rules to ensure that tax revenue derived from payments
pursuant to an agreement under this section do not affect the calculation of the certified tax rate
under Section 59-2-924.
(5) If the commission or a taxing entity enters into an equal payment agreement under this section:
(a) the commission shall annually provide an electronic report to the Revenue and Taxation
Interim Committee on the effects of equal payment agreements under this section; and
(b) the Revenue and Taxation Interim Committee shall annually review and assess the effects of
equal payment agreements under this section.

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