This article provides for the exemption from taxation of real estate owned by and occupied as the sole dwelling of a person or persons not less than 65 years of age or permanently and totally disabled as defined in § 58.1-3217 of the Code of Virginia and included in §
145-21 below, subject to the restrictions and conditions as outlined herein.
This article is adopted pursuant to the authority granted by
§ 58.1-3210 of the Code of Virginia, 1950, as amended.
This article is titled "An Ordinance Governing the Exemption
of Taxes on Property of Certain Elderly and Disabled Persons in the
County of Mathews, Virginia," and shall be known, designated, and
cited as the "Tax Relief for the Elderly Ordinance."
For the purpose of this article, certain words and terms used
herein shall be interpreted or defined as follows:
AFFIDAVIT
The real estate tax exemption affidavit.
COMMISSIONER OF THE REVENUE
The Commissioner of the Revenue of Mathews County, Virginia,
or his/her duly authorized deputies or agents.
COUNTY
Mathews County, Virginia.
DWELLING
The full-time residence of the person or persons claiming
exemption.
EXEMPTION
Exemption from the real estate tax of the County according
to the provisions of this article.
INCOME
Income from whatever sources derived, including but not limited
to social security payments, inheritances, gifts, gains from the sale
or exchange of assets, and proceeds.
NET COMBINED FINANCIAL WORTH
The fair market value of all assets, tangible or intangible, legal, or equitable, of the owner or owners, and the spouse of any owner, less the liabilities of such person or persons, but excluding the value of the dwelling and the land, as provided in §
145-22B(2). Such term includes, but is not limited to, the cash surrender value of any life insurance policy owned by such person or persons.
PERMANENTLY AND TOTALLY DISABLED
Unable to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment or deformity
which can be expected to result in death or can be expected to last
for the duration of such person's life.
TAXABLE YEAR
The calendar year, from January 1 until December 31, for
which exemption is claimed.
The fact that persons who are otherwise qualified for tax exemption
pursuant to this article are residing in hospitals, nursing homes,
convalescent homes, or other facilities for physical or mental care
for extended periods of time shall not be construed to mean that the
real estate for which the tax exemption is sought does not continue
to be the sole dwelling of such persons during such extended periods
of other residence.
Changes in respect to income, financial worth, ownership of
property, or other factors occurring during the taxable year for which
the affidavit is filed and having the effect of exceeding or violating
the limitations and conditions provided herein shall nullify any exemption
for the then current taxable year and the taxable year immediately
following.
On receiving an application as prescribed hereinbefore, the
Commissioner of the Revenue shall approve or disapprove the application
and return one of the submitted forms to the applicant so marked to
indicate the action taken by the Commissioner of the Revenue.
Any applicant making a false statement to obtain a tax relief
under this article shall be deemed guilty of a misdemeanor, punishable
by a fine not in excess of $200.