[HISTORY: Adopted by the Town Board of the Town of New Castle 5-12-1998 by L.L. No. 8-1998; amended in its entirety 5-13-2008 by L.L. No. 2-2008. This local law superseded former Ch. 120, Taxation: Veterans Exemption, adopted 4-8-1997 by L.L. No. 5-1997. Subsequent amendments noted where applicable.]
The Town of New Castle hereby adopts and elects to be bound by the provisions of §§ 458 and 458-a of the Real Property Tax Law, as the same may be amended from time to time, for purposes of real property taxes levied for the Town of New Castle and any other town districts for which the Town of New Castle levies taxes within its jurisdiction.
[Amended 1-24-2006 y L.L. No. 2-2006]
Pursuant to Chapter 256 of the Laws of 2005, the Town of New Castle hereby adopts and elects to increase the maximum exemption allowable in Paragraphs (a), (b) and (c) of Real Property Tax Law § 458-(a), Subdivision 2, to $54,000, $36,000 and $180,000 respectively. This amount shall be effective commencing with the 2006 assessment roll.
Editor's Note: See Real Property Tax Law § 458-a.
The purpose of this article is to grant Cold War veterans who meet the requirements set forth in § 458-b of the New York State Real Property Tax Law with a real property tax exemption.
As used in this article, certain words and terms used herein are defined as follows:
- ACTIVE DUTY
- Full-time duty in the United States Armed Forces, other than active duty for training.
- ARMED FORCES
- The United States Army, Navy, Marine Corps, Air Force, and Coast Guard.
- COLD WAR VETERAN
- A person, male or female, who served on active duty in the United States Armed Forces, during the time period from September 2, 1945, to December 26, 1991, was discharged or released therefrom under honorable conditions and has been awarded the Cold War Recognition certificate as authorized under Public Law 1005-85, the 1998 National Defense Authorization Act.
- LATEST CLASS RATIO
- The latest final class ratio established by the New York State Board of Real Property Tax Services pursuant to Title 1 of Article 12 of the New York State Real Property Tax Law for use in a special assessing unit as defined in § 1801 of the New York State Real Property Tax Law.
- LATEST STATE EQUALIZATION RATE
- The latest final equalization rate established by the New York State Board of Real Property Tax Services pursuant to Article 12 of the New York State Real Property Tax Law.
- QUALIFIED OWNER
- A Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
- QUALIFIED RESIDENTIAL REAL PROPERTY
- Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this article. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran, unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization for up to five years.
- With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service.
[Amended 10-12-2010 by L.L. No. 12-2010]
The maximum veterans exemption from real property taxes allowable pursuant to § 458-b of the Real Property Tax Law is established as follows:
Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $54,000 or the product of $54,000 multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
In addition to the exemption provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service-related disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $180,000 or the product of $180,000 multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
Limitations. The exemption from taxation provided by this section shall be applicable to county, city, town and village taxation, but shall not be applicable to taxes levied for school purposes.
Application for the exemption set forth in this article shall be made by the qualified owner, or all of the qualified owners, of the property, on a form prescribed by the New York State Board of Real Property Tax Services. The owner or owners shall file the completed form in their local Assessor's office on or before the first appropriate taxable status date. The owner or owners of the property shall be required to refile on or before the appropriate taxable status date or at such other times and under such circumstances as may be set forth in § 458-b(4) of the New York State Real Property Tax Law. Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law.