[Adopted 4-17-2008 by L.L. No. 2-2008]
The purpose of this article is to allow for a tax exemption
for Town of Pine Plains Cold 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:
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 was discharged or released therefrom
under honorable conditions.
The latest final state equalization rate or special equalization
rate established by the State Board pursuant to Article 12 of the
Real Property Tax Law. The State Board shall establish a special equalization
rate if it finds that there has been a material change in the level
of assessment since the establishment of the latest state equalization
rate, but in no event shall such special equalization rate exceed
100. In the event that the state equalization rate exceeds 100, then
the state equalization rate shall be 100 for the purposes of this
article. Where a special equalization rate is established for purposes
of this article, the Assessor is directed and authorized to recompute
the Cold War veterans exemption on the assessment roll by applying
such special equalization rate instead of the latest state equalization
rate applied in the previous year and to make the appropriate corrections
on the assessment roll, notwithstanding the fact that such Assessor
may receive the special equalization rate after the completion, verification
and filing of such final assessment roll. In the event that the Assessor
does not have custody of the roll when such recomputation is accomplished,
the Assessor shall certify such recomputation to the local officers
having custody and control of such roll, and such local officers are
hereby directed and authorized to enter the recomputed Cold War veterans
exemption certified by the Assessor on such roll.[1]
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, 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.
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
or the product of $12,000 multiplied by the latest state equalization
rate for the Town of Pine Plains.
B.
In addition to the exemption provided by Subsection A, 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 for the Town of Pine Plains, whichever is less.
A.
The exemption provided by this article shall be applicable to county
and Town taxation, but shall not be applicable to taxes levied for
school purposes.
B.
If the Cold War veteran receives the exemption under any other section
of the Real Property Tax Law that provides for a veterans exemption,
the Cold War veteran shall not be eligible to receive the exemption
under this article.
C.
The exemption authorized by this section shall apply to qualifying
owners of qualifying real property for as long as they remain qualifying
owners, without regard to the ten-year limitation as set forth in
§ 458-b, Subdivision (2)(c)(iii) of the New York Real Property
Tax Law.
[Amended 1-18-2018 by L.L. No. 1-2018]
D.
Application for exemption shall be made by the owner or all of the
owners of the property on a form prescribed by the Commissioner of
Taxation and Finance. 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. An applicant
shall be required to refile on or before the appropriate taxable status
date if the percentage of disability increases or decreases, or may
refile 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.[1]
This article shall take effect immediately upon filing in the
office of the Secretary of State, and shall apply to assessment rolls
prepared on the basis of taxable status dates occurring on or after
such date.
