[HISTORY: Adopted by the Town Board of the Town of Walton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-2008 by L.L. No. 1-2008]
This article is authorized by the Real Property Tax Law § 458-b.
A.
The state legislature added a new § 458-b to New York State
Real Property Tax law to authorize a real property tax law to authorize
a real property tax exemption for Cold War veterans which towns may
opt into.
B.
The legislation is intended to provide Cold War veterans with a real
property tax exemption similar to tax exemptions given to war time
veterans.
C.
Cold War veterans served in the United States Armed Forces during
the time period from September 2, 1945, to December 20, 1991.
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 equalization rate established by the Commissioner
of Taxation and Finance pursuant to Article 12 of the Real Property
Tax Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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 that latest state equalization rate of the
assessing unit.
B.
In addition to the exemption provided by the above 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 assessing unit.
A.
The exemption from taxation provided by this subsection shall be
applicable to Town of Walton taxes.
B.
If a Cold War veteran receives the exemption under Real Property
Tax Law § 458 or 458-a, the Cold War veteran shall not be
eligible to receive the exemption under this article.
C.
The exemption provided by the above Subsection A shall be granted for a period of 10 years. The commencement of such ten-year period shall be governed pursuant to this subsection. Where a qualified owner owns qualifying residential real property on the effective date of this article providing for such exemption, 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 providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of this article providing for such exemption, 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 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 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 subsection for the unexpired portion of the ten-year exemption period.
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 or the property shall
not be required to refile each year. Applicants shall be required
to refile on or before the appropriate taxable status date if the
percentage or disability percentage 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 statement in the application for such
exemption shall be subject to the penalties prescribed in the Penal
Law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In accordance with the provisions of Real Property Tax Law § 458-b
and pursuant to Chapter 290 of the New York State Laws of 2017, it
is intended that the Cold War exemption remain in effect indefinitely
or until such time as it is revoked by local law or authorizing State
Legislation-required modification.
This article shall take effect immediately upon filing with
the Secretary of State.
