[Adopted 1-12-2009 by L.L. No. 1-2009]
The purpose of this article is to allow for
a tax exemption for the Town of Coeymans War veterans, allowable pursuant
to § 458-b of the Real Property Tax Law of the State of
New York, which was created by Chapter 655 of the Laws of the State
of New York for the year 2007.
As used in this article, the following terms
shall have the meanings indicated:
A person, male or female, who:
Served on active duty for a period of more than
365 days 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 National Defense Authorization
Act.
The United States Army, Navy, Marine Corps, Air Force and
Coast Guard.
Full-time duty in the United States Armed Forces, other than
duty for training.
With respect to disability or death, that such disability
was incurred or aggravated, or that death resulted from a disability
incurred or aggravated, in the line of active military, naval or air
service.
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.
Property owned by a qualified owner which is used exclusively
for residential purposes; provided, however, that in the event that
a 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 unmarried surviving spouse of a Cold War veteran, unless the
Cold War veteran or unmarried surviving spouse is absent from the
property due to medical reasons or institutionalized for up to five
years.
The latest final equalization rate established by the State
Board pursuant to Article 12 of Real Property Tax Law.
Pursuant to the provisions of Chapter 655 of
the 2007 Laws of the State of New York amending the Real Property
Tax Law of the State of New York, the maximum veteran's exemption
from real property taxes allowable pursuant to § 458-b of
the Real Property Tax Law is established as follows:
A.
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 the lesser
of $12,000 multiplied by the latest state equalization rate for the
Town of Coeymans.
B.
In addition to the exemption provided by Subsection A of § 149-28, where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected 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 $40,000 or the product of $40,000 multiplied by the latest State equalization rate for the Town of Coeymans, whichever is less.
[Amended 1-11-2018 by L.L. No. 1-2018]
A.
If the
Cold War veteran receives the exemption under any other section of
Real Property Tax Law that provides for veteran exemptions, the Cold
War veteran shall not be eligible to receive the exemption under this
article.
B.
Application
for exemption shall be made by the owner, or all of the owners, of
the property on a form prescribed by the State Board. The owner or
owners shall file the completed form in the Assessor’s office
on or before the first appropriate taxable status date. Applicant
shall file on or before the appropriate taxable status date. Any applicant
convicted of willfully making any false statements in the application
for such exemption shall be subject to the penalties prescribed in
the New York State Penal Code.
This article shall take effect immediately and
shall apply to assessment rolls prepared on the basis of taxable status
occurring on or after such date.
