[Adopted 1-20-2009 by L.L. No. 1-2009]
A.
The Town Board finds and determines that the sacrifices and services
provided by veterans in protecting this country should be acknowledged
by providing certain tax exemptions.
B.
By Chapter 655 of the Laws of New York for 2007, as amended by Chapter
6 of the Laws of New York for 2008, the New York State Legislature
amended § 458-b of the Real Property Tax Law authorizing
the adoption of a local law to provide tax exemptions for Cold War
veterans.
C.
The purpose of this article is to adopt tax exemptions for Cold War
veterans as authorized by Chapter 655 of the Laws of New York for
2007, as amended by Chapter 6 of the Laws of New York for 2008.
As used in this article, the following terms shall have the
meanings indicated:
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 in the
United States Armed Forces, during the time period from September
2, 1945, to December 26, 1991, and who was discharged or released
therefrom under honorable conditions.
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.
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.
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 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.
With respect to disability or death, 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.
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 $12,000 or the product
of $12,000 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.
B.
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-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 of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C.
If a Cold War veteran receives either a veterans' exemption authorized
by § 458 of the Peal Property Tax Law, or an alternative
veterans' exemption authorized by § 458-a of the Real Property
Tax Law, the Cold War veteran shall not be eligible to receive an
exemption under this article.
[Amended 12-19-2017 by L.L. No. 12-2017]
The exemption provided by this article shall be granted to qualifying
owners of qualifying real property as long as they remain qualifying
owners. Where a qualified owner owns qualifying residential property
on the effective date of this article, or such other date as may be
set forth in § 458-b(2)(c) of the New York Real Property
Tax Law, such exemption 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, or such other date
as may be set forth in § 458-b(2)(c) of the New York Property
Tax Law. Where a qualified owner does not own qualifying residential
property on the effective date of this article or such other date
as may be set forth in § 458-b(2)(c) of the New York Real
Property Tax law, such exemption period shall be measured from the
assessment roll prepared pursuant to the taxable status date occurring
at least 60 days after the date of purchase of qualifying residential
real property: provided, however, that should the veteran 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 or residential real property, such exemption period shall
be measured from the first assessment roll in which the exemption
occurs. If the exempt property is sold and replaced with other residential
real property, the exemption may be granted on the replacement residential
real property.
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 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.
Applicants shall be required to refile on or before the taxable status
date if the percentage of disability percentage increases or decreases
or may refile if other changes have occurred which affect qualification
for an increase or decrease amount of exemption. 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.
This article shall take effect immediately and shall apply to
assessment rolls based on taxable status dates occurring on or after
such date.
