[Ord. No. 24-06, 7-10-2024]
A. Authorization. Pursuant to Section 137.1050, RSMo., a property tax
credit is granted to eligible taxpayers residing in Cass County in
an amount equal to the taxpayer's eligible credit amount, as
provided herein.
B. Definitions. For the purposes of this Section, the following terms
shall mean:
ELIGIBLE CREDIT AMOUNT
The difference between an eligible taxpayer's real property
tax liability on such taxpayer's homestead for a given tax year,
minus the real property tax liability on such homestead in the eligible
taxpayer's initial credit year
ELIGIBLE TAXPAYER
A Cass County, Missouri, resident who:
1.
Is sixty-two (62) years of age or older; and
2.
Is an owner of record of a homestead or has a legal or equitable
interest in such property as evidenced by a written instrument; and
3.
Is liable for the payment of real property taxes on such homestead.
HOMESTEAD
Real property actually occupied by an eligible taxpayer as
the primary residence. An eligible taxpayer shall not claim more than
one (1) primary residence.
INITIAL CREDIT YEAR
1.
In the case of a taxpayer that meets all requirements of the
definition of "eligible taxpayer" of this Subsection prior to the
year in which a credit is authorized pursuant to this Section, the
year in which such credit is authorized;
2.
For all other taxpayers, the year in which the taxpayer meets
all requirements of the definition of "eligible taxpayer" of this
Subsection;
If in any tax year subsequent to the eligible taxpayer's
initial credit year the eligible taxpayer's real property tax
liability is lower than such liability in the initial credit year,
such tax year shall be considered the eligible taxpayer's initial
credit year for all subsequent tax years.
|
C. Annual Application For Property Tax Credit. An eligible taxpayer
is authorized to receive a property tax credit upon the submission
and approval of an annual application by the eligible taxpayer. The
County Collector shall apply an eligible credit amount when calculating
an eligible taxpayer's total annual tax liability on the eligible
taxpayer's homestead.
D. Tax Statement. The amount of credit shall be noted on the statement
of tax due sent to the eligible taxpayer by the County Collector.
E. Application. The property tax credit shall be requested for each
year by a taxpayer in writing on a form approved by the County Collector.
1.
Completion. The taxpayer shall complete all sections of the
form required to be completed by the taxpayer. The County Collector
shall establish the timeframe by which it shall be submitted for the
tax year in which the tax credit is sought to be activated.
2.
False Declaration. The form shall state that false statements
made therein are punishable pursuant to Section 575.060, RSMo.
3.
Documentation. Any taxpayer submitting such a form shall also
provide along with the completed form a valid form of government identification.
If the taxpayer is not listed as the record owner by the Assessor
in the year in which the taxpayer submits the application, then the
taxpayer shall attach a copy of the written instrument which shows
a legal or equitable interest in the homestead.
F. New Construction. If an eligible taxpayer makes new construction
and improvements to such eligible taxpayer's homestead, the real
property tax liability for the taxpayer's initial credit year
shall be increased to reflect the real property tax liability attributable
to such new construction and improvements.
G. Annexation. If an eligible taxpayer's homestead is annexed into
a taxing jurisdiction to which such eligible taxpayer did not owe
real property tax in the eligible taxpayer's initial credit year,
then the real property tax liability for the taxpayer's initial
credit year shall be increased to reflect the real property tax liability
owed to the annexing taxing jurisdiction.
H. Rulemaking Authority. The County Collector shall be authorized and
empowered to adopt such rules and procedures as are necessary in order
to carry out and implement the provisions of this Article and to develop
and require such documents, applications, and instruments as may be
necessary or desirable to permit the application of the tax credits
authorized herein and to carry out, comply with, and perform the requirements
of the provisions set forth in this Article.
I. Termination. The property tax credit shall terminate in the tax year following the year in which the eligible taxpayer ceases to be eligible under any requirement in Subsection
(A). Subject to the foregoing, an eligible taxpayer shall cease to be eligible for the property tax credit if any of the following events occurs:
1.
Transfer Of Title. If the property tax credit was claimed by
a taxpayer as the owner of record title, then a transfer of record
title to the homestead shall terminate the taxpayer's eligibility
for the property tax credit.
2.
For property interests in a written instrument. If property
tax credit was claimed pursuant to a legal or equitable property interest
in a written instrument and such written instrument included a term
of years, then the property tax credit will terminate the year which
follows the completion of the term listed in the instrument.
3.
Failure to submit an annual application.
J. Limitation. The following limitation shall restrict the Cass County senior property tax credit as follows: the Cass County senior property tax credit shall not apply to the State Blind Pension Fund authorized by Missouri Constitution Article
III, Section 38(b).
K. Severability. If any section, subsection, paragraph, sentence, clause,
phrase or word in this Section, policy and/or Chapter, or any part
thereof is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of any of the remaining
portions of this Section, policy and/or Chapter, or any part thereof.