North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1439

Introduced
1/17/23  
Refer
1/17/23  
Report Pass
2/2/23  
Engrossed
2/8/23  
Refer
2/10/23  
Report Pass
3/17/23  
Enrolled
4/19/23  

Caption

A property tax exemption for property of churches; to provide for application; and to provide a retroactive effective date.

Impact

The enactment of HB 1439 directly influences the tax obligations of religious organizations within North Dakota. It reinforces the provision of tax relief to churches and related properties, potentially increasing the financial flexibility of these organizations. By retroactively applying the bill's provisions to specific tax years, the bill also provides an immediate financial benefit to qualifying entities, allowing them to recover taxes previously paid under a different legal framework. This shift is anticipated to enhance the operational capacities of religious organizations by lowering their overall tax burdens.

Summary

House Bill 1439 amends the North Dakota Century Code regarding property tax exemptions for properties owned by religious organizations. The bill stipulates that land and buildings owned by a church and used predominantly for religious purposes are exempt from property taxes. Additionally, the bill states that residences for clergy, even if not adjacent to the church, are entitled to tax exemptions. Up to 20 acres of undeveloped land designated for future church construction or clergy residences also qualify for tax exemption, subject to certain conditions regarding development timelines.

Sentiment

The reception of HB 1439 is predominantly positive amongst supporting legislators, primarily comprising those who champion religious liberties and support tax relief for non-profits. These supporters argue that the bill aligns with the principles of supporting community services provided by religious organizations. However, there exists a level of concern surrounding the implications of broadening tax exemptions for such organizations, particularly regarding lost revenue for local governments. Critics worry that increased exemptions might lead to disparities in tax responsibilities across the landscape of non-profits and religious entities.

Contention

While support for the bill is apparent, the discussion also reveals underlying contention regarding the potential for abuse of tax exemptions. The provision allowing rental properties owned by churches to remain tax-exempt if no profit is made raises questions about enforcement and oversight. Legislators opposing the bill express concerns about ensuring that tax benefits are applied appropriately, suggesting that without stringent rules, some entities might exploit these exemptions. Consequently, the balance between supporting religious institutions and maintaining fair tax practices remains a complex issue ahead of further legislative scrutiny.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2039

The definition of agricultural property and the farm structure and improvements property tax exemption; and to provide an effective date.

ND SB2279

A property tax exemption for certain potato storage structures; and to provide an effective date.

ND SB2201

The primary residence credit; to provide for application; to provide a retroactive effective date; to provide an expiration date; and to declare an emergency.

ND HB1170

A property tax exemption for certain natural gas pipeline property; and to provide an effective date.

ND HB1438

A property tax exemption for buildings and land belonging to institutions of public charity; and to provide an effective date.

ND SB0055

Property tax: exemptions; retroactive application of poverty exemption; provide for. Amends secs. 7u & 53b of 1893 PA 206 (MCL 211.7u & 211.53b).

ND HB2231

Providing a property tax exemption for residential property where a day care facility is operated.

ND SB2006

The salary of the state tax commissioner, property assessment increase notices, and use tax exemptions; to provide an exemption; to provide for a transfer; to provide an effective date; and to provide an expiration date.

ND SB2298

The homestead credit certification and disabled veterans' credit; to provide for retroactive application; to provide an effective date; and to provide an expiration date.

ND SB2015

A transfer of Bank of North Dakota profits to a water infrastructure revolving loan fund; to provide for a transfer; to provide an exemption; to provide for a legislative management study; to provide a report; to provide a penalty; to provide for application; to provide a retroactive effective date; to provide a contingent effective date; to provide an effective date; and to declare an emergency.

Similar Bills

No similar bills found.