[Adopted 4-1-1975 by L.L. No. 1-1975]
The purpose of this article is to grant a partial
exemption from taxation to the extent of 50 per centum of the assessed
valuation of real property which is owned by one or more person 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 meeting the requirements
set forth in § 467 of the Real Property Tax Law of the State
of New York.
Subject to the provisions of law, particularly
§ 467 of the Real Property Tax Law of the State of New York,
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 Halfmoon to the extent of 50 per centum of the assessed
valuation thereof, subject to the following conditions herein contained.
No exemption shall be granted:
A.
If the income of the owner or the combined income
of the owners of the property for the income tax year immediately
preceding the date of making application for exemption exceeds the
sum as provided for and set forth in § 467(b)(1) of the
Real Property Tax Law. Income tax year shall mean 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. 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 net income from self-employment,
but shall not include a return of capital, gifts or inheritances.
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.
[Amended 6-7-1977 by L.L. No. 3-1977; 4-12-1978 by L.L. No. 1-1978; 2-5-1980 by L.L. No. 1-1980; 3-3-1981 by L.L. No. 1-1981; 4-5-1983 by L.L. No. 1-1983; 4-20-1984 by L.L. No. 4-1984; 2-27-1990 by L.L. No. 1-1990; 2-7-1995 by L.L. No. 2-1995; 9-19-2006 by L.L. No. 4-2006]
(1)
The partial senior citizen tax exemption limit and
the graduated maximum exemption eligibility are hereby established
as provided for and set forth in § 467(b)(1) of the Real
Property Tax Law as further detailed and provided in Schedule M of
that section.
B.
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 24
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 24 consecutive months; provided, further, that 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 24
consecutive months; and provided, further, that 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 is in the same assessing unit or municipality,
the period of ownership of the former property shall be combined with
the period of ownership of the replacement residence and deemed consecutive
for exemption from taxation by each such assessing unit or municipality;
provided, however, that where the replacement property is in the same
assessing unit but in another school district, the periods of ownership
of both properties shall also be deemed consecutive for purposes of
the exemption from taxation by such school district. Notwithstanding
any other provisions of law, where a residence is sold and replaced
with another within one year and both residences are within the State
of New York, the period of ownership of both properties shall be deemed
consecutive for purposes of the exemption from taxation by the Town
of Halfmoon.
[Amended 6-7-1977 by L.L. No. 3-1977; 4-12-1978 by L.L. No. 1-1978; 2-5-1980 by L.L. No. 1-1980]
C.
Unless the property is used exclusively for residential
purposes.
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.
[Amended 4-12-1978 by L.L. No. 1-1978; 2-5-1980 by L.L. No. 1-1980]
The Town of Halfmoon shall notify or cause to
be notified each person owning residential real property in such municipality
of the provisions of this section. The provisions of this section
may be met by a notice or legend sent on or with each tax bill to
such persons, reading: "You may be eligible for senior citizen tax
exemptions. For information please call or write . . .," followed
by the name, telephone number and/or address of a person or department
selected by the municipality to explain the provisions of this section.
Failure to notify or cause to be notified any person who is in fact
eligible to receive the exemption provided by this section or the
failure of such person to receive the same shall not prevent the levy,
collection and enforcement of the payment of the taxes on property
owned by such person.
[Amended 4-12-1978 by L.L. No. 1-1978; 2-5-1980 by L.L. No. 1-1980]
Application for such exemption must be made
by the owner or all of the owners of the property on forms prescribed
by the state board to be furnished by the appropriate assessing authority
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.
[Amended 4-12-1978 by L.L. No. 1-1978; 2-5-1980 by L.L. No. 1-1980]
At least 60 days prior to the appropriate taxable
status date, the assessing authority shall mail to each person who
was granted exemption pursuant to this section on the latest completed
assessment roll an application form and a notice that such application
must be filed on or before taxable status date and be approved in
order for the exemption to be granted. The assessing authority shall,
within three days of the completion and filing of the tentative assessment
roll, notify by mail any applicant who has included with his application
at least one self-addressed, pre-paid envelope, of the approval or
denial of the application; provided, however, that the assessing authority
shall, upon the receipt and filing of the application, send by mail
notification of receipt to any applicant who has included two of such
envelopes with the application. Where an applicant is entitled to
a notice of denial pursuant to this section, such notice shall be
on a form prescribed by the state board and shall state the reasons
for such denial and shall further state that the applicant may have
such determination reviewed in the manner provided by law. Failure
to mail any such application form or notices or the failure of such
person to receive any of the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on property owned by such
person.
[Amended 4-12-1978 by L.L. No. 1-1978; 2-5-1980 by L.L. No. 1-1980]
Any conviction of having made any willful false
statement in the application for such exemption shall be punishable
by a fine of not more than $100 and shall disqualify the applicant
from further exemption for a period of five years.
[Added 5-2-1989 by L.L. No. 1-1989]
A.
The purpose of this section is to grant an extension
of the time in which senior citizens must file for the real property
tax exemption after taxable status date.
B.
An application for renewal of the senior citizen real property tax
exemption may be accepted by the assessor after the appropriate taxable
status date, but not later than the last date on which complaints
of assessment may be filed, where failure to file a timely application
resulted from (a) death of the applicant's spouse, child, parent,
brother, or sister; or (b) illness of the applicant or of the applicant's
spouse, child, parent, brother, or sister, which actually prevented
the applicant from filing on a timely basis, as certified by a licensed
physician. The assessor must approve or deny such application as if
it had been filed on or before taxable status date.
[Amended 2-6-2019 by L.L.
No. 2-2019]
