[1]
Editor's Note: This local law also repealed former Art. I,
Senior Citizen Exemption, adopted 11-19-2019 by L.L. No. 8-2019.
In accordance with Real Property Tax Law § 467, real
property in the Town of Blooming Grove owned by a married couple or
by siblings, one of whom is 65 years of age or over, or real property
owned by one or more persons, some of whom qualify under this article
and others who qualify under NYS Real Property Tax Law § 459-c
(disability exemption), shall be exempt from taxation by the Town
of Blooming Grove to the extent of the assessed valuation as established
from time to time by resolution of the Town Board following public
hearing, upon compliance with provisions of this article, for the
fiscal year for which an application is filed. For the purposes of
this section, the term "sibling" shall include persons whose relationship
as siblings has been established through either half blood, whole
blood or adoption.
No exemption shall be granted:
A.
If the income of the owner or the combined income of the owners of
the property for the applicable income tax year preceding the date
of making application for exemption exceeds the sum established in
the schedule as adopted by the Town Board and on file in the Town
offices. "Income tax year" shall mean the twelve-month period for
which the owner or owners filed a federal personal income tax return
for the year before the income tax year immediately preceding the
date of application. For taxpayers whose income tax returns are filed
on the basis of a fiscal year rather than a calendar year, the applicable
income tax year shall be the most recent fiscal year for which an
income tax return has been filed. If no return was filed for the applicable
income tax year, the applicant's income shall be determined based
on the amounts that would have so been reported if such a return had
been filed. If such income does not exceed said sum so established,
then the real property shall be exempt from taxation by the Town to
the extent established by such schedule. Where title is vested in
a married person, the combined income of such person and such person's
spouse may not exceed such sum, except where one spouse or ex-spouse
is absent from the property as provided in NYS Real Property Tax Law
§ 467, then only the income of the spouse or ex-spouse residing
on the property shall be considered and 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 capital
asset in the same income tax year, net rental income, salary or earnings,
veterans disability compensation and net income from self-employment,
but shall not include a return of capital, gifts, inheritances, payments
made to individuals because of their status as victims of Nazi persecution,
as defined by law, or monies earned through employment in the federal
Foster Grandparent Program. In computing net rental income from self-employment,
no depreciation deduction shall be allowed for the exhaustion or wear
and tear of real or personal property held for the production of income.
B.
Unless the title of the property shall have been vested in the owner
or all of the owners of the property for at least 12 consecutive months
prior to the date of making application for exemption.
(1)
In the event of a transfer by a married person to such person's
spouse of all or part of the title to the property, the time of ownership
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 12 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.
(2)
Where a residence is sold and replaced with another within one year
and both residences are within the state, the period of ownership
of both properties shall be deemed consecutive for purposes of the
exemption from taxation by the Town of Blooming Grove.
C.
Unless the property is used exclusively for residential purposes;
provided, however, that in the event any portion of such property
is not so used exclusively for residential purposes but is used for
other purposes, such portion shall be subject to taxation or PILOT
and the remaining portion only shall be entitled to the exemption
provided by this article.
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,
except where i) an owner is absent from the residence while receiving
health-related care as an inpatient of a residential health care facility,
as defined in § 2801 of the Public Health Law, provided
that any income accruing to that person shall only be income only
to the extent that it exceeds the amount paid by such owner, spouse,
or co-owner for care in the facility, and provided, further, that
during such confinement such property is not occupied by other than
the spouse or co-owner of such owner; or ii) the real property is
owned by a married person or a married couple, or by a formerly married
person or a formerly married couple, and one spouse or ex-spouse is
absent from the residence due to divorce, legal separation or abandonment
and all other provisions of this article are met, provided that where
an exemption was previously granted when both resided on the property,
then the person remaining on the real property shall be 62 years of
age or over.
The term "income," as used herein, shall mean the adjusted gross
income for federal income tax purposes as reported on the applicant's
federal or state income tax return for the applicable income tax year,
subject to any subsequent amendments or revisions, plus any social
security benefits not included in such federal adjusted gross income,
provided that if no such return was filed for the applicable income
tax year, the applicant's income shall be determined based on
the amounts that would have so been reported if such a return had
been filed; and provided further that when determining income for
purposes of this article, the following conditions shall be applicable:
A.
Any social security benefits that were not included in the applicant's
federal adjusted gross income shall be considered income; and
B.
Distributions received from an individual retirement account or individual
retirement annuity that were included in the applicant's federal
adjusted gross income shall be considered income; and
C.
Income shall not be offset by medical and prescription drug expenses
actually paid that were not reimbursed or paid for by insurance; and
D.
Any tax-exempt interest or dividends that were excluded from the
applicant's federal adjusted gross income shall be considered
income; and
E.
Any losses that were applied to reduce the applicant's federal
adjusted gross income shall be subject to the following limitations:
Application for such exemption must be made by the owner or
all of the owners of the property on forms to be furnished by the
Town Assessor's office. The annual application 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 March 1 of each year.
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 $250 and shall disqualify the applicant or applicants
from further exemption for a period of five years.
Applications must be filed annually for such exemption on forms
provided by the Town.
