[Adopted 2-20-1975]
Real property owned by one or more persons, each of whom is
65 years of age or over, or real property owned by husband and wife,
one of whom is 65 years of age or over, shall be exempt from taxation
by the Town of Porter to the extent of 50% of the assessed valuation
thereof.
[Amended 11-12-2013 by L.L. No. 2-2013]
No exemption shall be granted:
A.
If the income of the owner or the combined income of the owners of
the property exceeds the sum of $25,524.99 for the income tax year
immediately preceding the date of making application for exemption.
"Income tax year" means the twelve-month period for which the owner
or owners filed a federal personal income tax return or, if no such
return is filed, the calendar year. Where title is vested in either
the husband or the wife, their combined income may not exceed such
sum, except where the husband or wife, or ex-husband or ex-wife, is
absent from the property as provided in Real Property Tax Law §
467, Subdivision (d), Paragraph (ii), then only the income of the
spouse or ex-spouse residing on the property shall be considered and
may not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, total gain from the
sale or exchange of a capital asset, which may be offset by a loss
from the sale or exchange of a capital asset in the same income tax
year, net rental income, salary or earnings, and income from self-employment,
but shall not include a return of capital, gifts or inheritances,
payments made to individuals because of their status as victims of
Nazi persecution, or monies earned through employment in the federal
foster grandparent program. In computing net rental income and net
income from self-employment, no depreciation deduction shall be allowed
for the exhaustion, wear and tear of real or personal property held
for the production of income.
B.
Unless the owner of the property shall have held an exemption under
this article for his previous residence or unless title of the property
shall have been vested in the owner or one of the owners of the property
for at least 12 consecutive months prior to the date of making application
for exemption; provided, however, that in the event of the death of
either a husband or wife in whose name title of the property shall
have been vested at the time of death and then becomes vested solely
in the survivor by virtue of devise by or descent from the deceased
husband or wife, the time of ownership of the property by the deceased
husband or wife shall be deemed also a time of ownership by the survivor
and such ownership shall be deemed continuous for the purposes of
computing such period of 12 consecutive months. In the event of a
transfer by either a husband or wife to the other spouse of all or
part of the title to the property, the time of ownership of the property
by the transferor spouse shall be deemed also a time of ownership
by the transferee spouse and such ownership shall be deemed continuous
for the purposes of computing such period of 12 consecutive months.
Where property of the owner or owners has been acquired to replace
property formerly owned by such owner or owners and taken by eminent
domain or other involuntary proceeding, except a tax sale, the period
of ownership of the former property shall be combined with the period
of ownership of the property for which application is made for exemption
and such periods of ownership shall be deemed to be consecutive for
purposes of this section. Where a residence is sold and replaced with
another within one year and both residences are within the state,
the period of ownership of both properties shall be deemed consecutive
for purposes of the exemption from taxation. Where the owner or owners
transfer title to property which as of the date of transfer was exempt
from taxation under the provisions of this article, the reacquisition
of title by such owner or owners within nine months of the date of
transfer shall be deemed to satisfy the requirement of this subsection
that the title of the property shall have been vested in the owner
or one of the owners for such period of 12 consecutive months. Where,
upon or subsequent to the death of an owner or owners, title to property
which as of the date of such death was exempt from taxation under
such provisions, becomes vested, by virtue of devise or descent from
the deceased owner or owners, or by transfer by any other means within
nine months after such death, solely in a person or persons who, at
the time of such death, maintained such property as a primary residence,
the requirement of this subsection that the title of the property
shall have been vested in the owner or one of the owners for such
period of 12 consecutive months shall be deemed satisfied.
C.
Unless the property is used exclusively for residential purposes;
provided, however, that in the event any portion of such property
is not so used exclusively for residential purposes but is used for
other purposes, such portion shall be subject to taxation and the
remaining portion only shall be entitled to the exemption provided
by this article.
D.
Unless the real property is the legal residence of and is occupied
in whole or in part by the owner or by all of the owners of the property;
except where: an owner is absent from the residence while receiving
health-related care as an inpatient of a residential health care facility,
as defined in § 2801 of the Public Health Law, provided that
any income accruing to that person shall only be income only to the
extent that it exceeds the amount paid by such owner, spouse, or co-owner
for care in the facility, and provided further, that during such confinement,
such property is not occupied by other than the spouse or co-owner
of such owner; or, the real property is owned by a husband and/or
wife, or an ex-husband and/or an ex-wife, and either is absent from
the residence due to divorce, legal separation or abandonment and
all other provisions of this section are met; provided, that where
an exemption was previously granted when both resided on the property,
then the person remaining on the real property shall be 62 years of
age or over.
[Amended 11-12-2013 by L.L. No. 2-2013]
A.
Application
for such exemption must be made by the owner, or all of the owners
of the property, on forms to be furnished by the Town Assessor's office
and shall furnish the information and be executed in the manner required
or prescribed in such forms, and shall be filed in such Assessor's
office on or before the appropriate taxable status date.
B.
Notwithstanding
any other provision of law, any person otherwise qualifying under
this article shall not be denied the exemption under this section
if he or she becomes 65 years of age after the appropriate taxable
status date and on or before December 31 of the same year.
C.
An applicant otherwise qualified to submit a renewal application
for Enhanced STAR but who fails to do so on or before the taxable
status date may file a late renewal application if they are able to
show good cause for not timely making such renewal application as
permitted by New York Real Property Tax Law § 425(6)(a-2).
[Added 6-12-2017 by L.L.
No. 1-2017]
Any conviction of having made any wilful false statement in
the application for such exemption shall be punishable by a fine of
not more than $100 and shall disqualify the applicant or applicants
from further exemption for a period of five years.
[Last amended 8-9-2010 by Res. No. 2010-102]
|
If income is
|
Percent of exemption is
|
|---|---|
|
Less than $18,025
|
50%
|
|
Between $18,025 and $19,024.99
|
45%
|
|
Between $19,025 and $20,024.99
|
40%
|
|
Between $20,025 and $21,024.99
|
35%
|
|
Between $21,025 and $21,924.99
|
30%
|
|
Between $21,925 and $22,824.99
|
25%
|
|
Between $22,825 and $23,724.99
|
20%
|
|
Between $23,725 and $24,624.99
|
15%
|
|
Between $24,625 and $25,524.99
|
10%
|
