[Adopted 8-27-2008 by L.L. No. 1-2008]
The purpose of this article is to allow for a tax exemption
for Town of Eden Cold War veterans allowable pursuant to § 458-b
of the Real Property Tax Law of the State of New York.
Definitions as used in this article follow:
Full-time duty in the United States Armed Forces, other than
active duty for training.
The United States Army, Navy, Marine Corps, Air Force and
Coast Guard.
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, and
was discharged or released therefrom under honorable conditions.
The latest final equalization rate established by the State
Board pursuant to Article 12 of the Real Property Tax Law.
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
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 must 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.
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 the line of duty on active military, naval,
or air service.
In accordance with the provisions of § 458-b the Real
Property Tax Law of the State of New York, the Town of Eden hereby
establishes a Cold War veterans exemption from real property taxes,
subject to the provisions and limitations set forth in this article.
A.
Basic exemption. Qualifying residential real property shall be exempt
from taxation to the extent of the lesser of i) 15% of the assessed
value of such property or ii) $9,000 multiplied by the latest state
equalization rate for the Town of Eden.
B.
Additional exemption. In addition to the exemption provided by § 192-16A, 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 $30,000, or the product of $30,000 multiplied by the latest state equalization rate for the Town of Eden, whichever is less.
A.
The exemption provided by this article shall be applicable only to
Town taxes and not to special district or other taxes.
B.
A Cold War veteran who receives an exemption under §§ 458
or 458-a of the Real Property Tax Law shall not be eligible to receive
any exemption under this article.
C.
The basic exemption provided by under § 192-16A of this article shall be granted for a period of 10 years. Where a qualified owner owns qualifying residential real property on the effective date of this article, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this article. Where a qualified owner does not own qualifying residential real property on the effective date of this article, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least 60 days after the date of purchase of qualifying residential real property; provided, however, that should the veterans apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the date of purchase of residential real property, such ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this section for the unexpired portion of the ten-year exemption period. Notwithstanding the foregoing, the exemption authorized by this article shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to such ten-year limitation.
[Amended 1-24-2018 by L.L. No. 2-2018]
D.
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. The exemption
shall continue in full force and effect for all appropriate subsequent
tax years and the owner or owners of the property shall not be required
to refile each year. Notwithstanding the foregoing, applicants shall
be required to refile on or before the appropriate taxable status
date if the Cold War veteran's disability rating increases or decreases
or if other changes have occurred which affect qualification for an
increased or decreased amount of exemption. 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 Law.
This article shall take effect immediately and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such date.
