Town of Louisa, VA Real Estate Tax Exemption for Elderly and Disabled Persons

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Real estate tax exemption is provided for qualified owners who are not less than 65 years of age or who are permanently and totally disabled and who are eligible according to the terms of this article and §§ 58.1-3210 through 58.1-3217 of the Code of Virginia, as amended. Persons qualifying for exemption are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth.

§ 147-23 Administration of exemption.

The exemption shall be administered by the Town Manager according to the provisions of this article. The Town Manager is hereby authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations in conformance with the provisions of this article, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption as specified by this article. The Town Manager may require the production of certified tax returns and appraisal reports to establish income and financial worth.

§ 147-24 Requirements for exemption.

Exemption shall be granted to persons subject to the following provisions:

The title to the property for which exemption is claimed is held, or partially held, on January 1 of the taxable year, by the person or persons claiming exemption.

The head of the household occupying the dwelling and owning title, or partial title, thereto, is 65 years of age or older or became permanently and totally disabled on June 30 of the year immediately preceding the taxable year.

The total combined income of the owner(s) during the year immediately preceding the taxable year shall not exceed $35,000. Additionally, $7,500 of income for an owner who is permanently disabled shall be excluded from the total combined income calculation. "Total combined income" shall include all income from all sources of the owner(s) and of the owners' relatives living in the dwelling for which exemption is claimed, except that the first $6,500 of income of each relative other than the spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total.

The net financial worth of the owner(s) and of the spouse(s) of the owner(s) as of December 31 of the year immediately preceding the taxable year shall be an amount not to exceed $85,000. "Net financial worth" shall include the value of all assets, including the value of equitable interest, of the owner(s) and the owners' relatives living in the dwelling for which exemption is claimed, but shall not include the fair market value of the dwelling and the land upon which it is situated, not exceeding one acre, for which exemption is claimed.

§ 147-25 Claiming exemption.

The applicant shall first apply for exemption to the County of Louisa, shall qualify, and be approved for county tax exemption prior to applying for exemption by the Town of Louisa.

Annually, the person or persons claiming an exemption must file a real estate tax exemption affidavit with the Louisa County Commissioner of Revenue.

If, after audit and investigation, the Louisa County Commissioner of Revenue determines that the person or persons are qualified for tax exemption, the person or persons may apply to the Town of Louisa for tax exemption.

Applicants which have qualified for tax exemption under Louisa County, meeting all county requirements, including but not limited to income and net worth requirements, shall qualify for exemption under the Town of Louisa, except that the amount of exemption from real estate tax shall be as stated in § 147-26.

§ 147-26 Amount of exemption.

The person qualifying for and claiming exemption shall be relieved on the qualifying dwelling and land in an amount as specified below:

Income	Net Worth
	$0 to $25,000	$25,001 to $45,000	$45,001 to $65,000	$65,001 to $85,000
$0 to $15,000	100%	80%	70%	65%
$15,001 to $25,000	90%	70%	60%	60%,
$25,000 to $35,000	70%	60%	50%	50%

The relief shall not exceed $500 on any one qualifying dwelling and land.

§ 147-27 Violations and penalties.

Any person or persons falsely claiming a grant under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 for each offense.

§ 147-28 Severability.

The provisions of this article are hereby declared to be severable. If any section, subsection, clause or phrase thereof shall be held to be unconstitutional or void, such holding shall not be deemed to affect the validity of the remaining portions of the article.

§ 147-29 When effective.

This article shall be in full force and effective immediately upon passage, and the exemption shall apply to the real estate tax assessed for the calendar year beginning 2006 and thereafter.