[Amended 2-14-2023 by L.L. No. 3-2023; 1-9-2024 by L.L. No. 2-2024]
A.
The Village of Scarsdale hereby grants property tax exemptions, authorized
by New York State Real Property Tax Law § 459-c, to real
property owned by one or more persons with disabilities, or owned
by a married spouse or both spouses, or by siblings, at least one
of whom has a disability, and whose income or combined income is limited
by reason of such disability. They shall be exempt from taxes up to
a maximum of 50% of the assessed valuation, pursuant to the following
schedule and subject to the following conditions:
(1)
For the period commencing July 1, 2009, and expiring on June 30,
2022:
|
Maximum Income Exemption Eligibility
|
Percentage of Assessed Valuation Exempt From Taxation
|
|---|---|
|
Not more than $29,000
|
50%
|
|
$29,000.01 or more but less than $29,999.99
|
45%
|
|
$30,000 or more but less than $30,999.99
|
40%
|
|
$31,000 or more but less than $31,999.99
|
35%
|
|
$32,000 or more but less than $32,899.99
|
30%
|
|
$32,900 or more but less than $33,799.99
|
25%
|
|
$33,800 or more but less than $34,699.99
|
20%
|
|
$34,700 or more but less than $35,599.99
|
15%
|
|
$35,600 or more but less than $36,499.99
|
10%
|
|
$36,500 or more but less than $37,399.99
|
5%
|
(2)
Commencing with the June 1, 2023 Assessment Roll (2024 tax billing
cycle):
|
Maximum Income Exemption Eligibility
|
Percentage of Assessed Valuation Exempt From Taxation
|
|---|---|
|
Not more than $50,000
|
50%
|
|
$50,000.01 or more but less than $50,999.99
|
45%
|
|
$51,000 or more but less than $51,999.99
|
40%
|
|
$52,000 or more but less than $52,999.99
|
35%
|
|
$53,000 or more but less than $53,899.99
|
30%
|
|
$53,900 or more but less than $54,799.99
|
25%
|
|
$54,800or more but less than $55,699.99
|
20%
|
|
$55,700 or more but less than $56,599.99
|
15%
|
|
$56,600 or more but less than $57,499.99
|
10%
|
|
$57,500 or more but less than $58,399.99
|
5%
|
B.
The income of the owner or the combined income of the owners of the
property shall be based on the income tax year immediately preceding
the date an application for exemption is filed. If no federal personal
income tax return is filed by the owner or owners of the property
for the applicable income tax year, the owner or owners' income
shall be determined based upon the amount of income that would have
so been reported if such a federal personal income tax return had
been filed. "Income tax year" shall mean the twelve-month period for
which the owner or owners file a federal personal income tax return
or, if no such return is filed, the calendar year. The Town Assessor
shall have the discretion to seek supporting documentation from an
applicant(s) when evaluating an application for this exemption.
C.
Only that
portion of property used exclusively for residential purposes shall
be eligible for exemption pursuant to this article.
D.
Except
as otherwise provided for in New York State Real Property Tax Law
§ 459-c, to be eligible for exemption pursuant to this article,
property must be the legal residence and be occupied in whole or in
part by the disabled person.
E.
Where
title to the property is vested in either married spouse, the married
spouses’ combined income may not exceed the maximum income sum
set forth above.
F.
For purposes of determining eligibility, “income” shall be computed pursuant to Real Property Tax Law § 459-c(5)(a)(iv) and consist of the “adjusted gross income” for federal income tax purposes as reported on the applicant's federal or state income tax return for the income tax year specified in Subsection B above, subject to any subsequent amendments or revisions, and including tax-exempt interest or dividends that were excluded from the applicant's federal adjusted gross income, plus any social security benefits not included in such federal adjusted gross income. In accordance with Real Property Tax Law § 459-c(5)(a)(iv)(2), “income” shall include distributions received from an individual retirement account or individual retirement annuity that were included in the applicant's federal adjusted gross income. Losses applied to reduce an applicant’s federal adjusted gross income shall be subject to the limitations specified in Real Property Tax Law § 459-c(5)(a)(iv)(5).
G.
Any exemption provided by this article shall be computed after all other partial exemptions allowed by law have been subtracted by the total amount assessed; provided, however, that no parcel may receive both an exemption pursuant to this article and a senior citizens tax exemption pursuant to § 269-20 of this chapter.
H.
Notwithstanding
any other provisions of this article to the contrary, the provisions
of this article shall apply to real property held in trust solely
for the benefit of a person or persons who would otherwise be eligible
for a real property tax exemption, pursuant to this article, where
such person or persons are the owner or owners of such real property.
