2018 STATE OF WYOMING

SENATE FILE NO. SFXXXX

Tax remedy revisions.

Sponsored by:

A BILL

for
1 AN ACT relating to a non-refundable universal charitable credit against property tax
2 liability, and in connection therewith, enacting the “Wyoming Universal Charitable
3 Property Tax Credit”; establishing authorities and procedures for claiming the credit; and
4 providing for an effective date.

5 Be it enacted by the General Assembly of the State of Wyoming:

6 SECTION 1. W.S. 39-13-109(d) is amended to read:

7 39-13-109(d). Credits. The following shall apply:

8 (i) Unchanged.

9 (ii) The following shall apply to the Wyoming Universal Charitable Property Tax Credit.

10 (A) It is generally recognized that in the delivery of public services, the people want
11 quality services available to those who need them, and want those services provided in
12 a timely and fiscally responsible manner. Incentivizing taxpayers to direct a portion of
13 their tax liability to qualified charitable organizations will result in significant financial
14 and civic benefits for the People of Wyoming.

15 (B) Taxpayers may direct a portion of their property tax liability to “qualified
16 charitable organizations” designated exempt from federal income taxation under
17 section 501(c)(3) in the Internal Revenue Code resulting in significant financial and civic
18 benefits for our state.

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1 (C) Definitions.

2 (I) As used in this article:

3 "qualified charitable organizations" means charitable organizations that are:

4 (1) exempt from federal income taxation under section 501(c)(3) of the
5 internal revenue code, incorporated in the State of Wyoming, in good standing with the
6 Wyoming Department of Revenue, and

7 (2) not under suspension per section 501(p) of the internal revenue code,
8 or revocation per the Internal Revenue Bulletin at the time of the contribution.

9 (D) Universal Charitable Property Tax Credit.

10 (I) A universal charitable property tax credit is allowed against the property taxes
11 imposed by this title for voluntary cash contributions by the taxpayer or on the
12 taxpayer's behalf during the taxable year to qualified charitable organizations not to
13 exceed $500.00, or the actual amount of property tax owed, whichever is less.

14 (E) Limitations and Procedures.

15 (I) The credit allowed by this section is in lieu of a deduction pursuant to section
16 170 of the internal revenue code and taken for state tax purposes.

17 (II) Taxpayers taking a credit authorized by this section shall provide the names
18 of the qualified charitable organizations and the amount of the contributions to the
19 department of revenue on forms provided by the department.

20 (III) The department of revenue shall compile and make available to the public a
21 list of qualified charitable organizations.

22 (IV) Taxpayers choosing to make voluntary cash contributions through an

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1 umbrella charitable organization that collects donations on behalf of member charities
2 shall designate that the donations be directed only to member charitable organizations
3 that would qualify under this section on a stand-alone basis.

4 (V) The allowable credit shall be applied against the qualified property tax
5 liability for the year in which it is claimed, but shall not exceed the total liability of the
6 taxpayer for that year.

7 (VI) A credit granted under this article shall not be carried back or refunded.

8 (VII) Notwithstanding any other provision of law, the department of revenue

9 shall settle, assess or determine the tax of an applicant under this subsection within 90
10 days of the filing of all required final returns or reports in accordance with the Wyoming
11 Statutes.

12 (VIII) This act applies retroactively to taxable years beginning from and after
13 December 31, 2017.
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15 (END)
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