[Adopted 10-25-1999 by L.L. No. 5-1999]
Effective as hereinafter provided, there shall
be an exemption from taxation for general Town purposes to the extent
of 50% of the assessed valuation of 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, or by siblings, one of whom is 65 years
of age or over, upon the following terms and conditions:
A.Â
No exemption shall be granted pursuant to this section:
(1)Â
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 of $24,000. "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 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, inheritances, payment
made to individuals because of their status as victims of Nazi persecution,
as defined in P.L. 103-286, moneys earned through the federal foster
grandparent program or any medical or prescription drug expenses actually
paid which were not reimbursed or paid by insurance. The provisions
of this subsection notwithstanding, such income shall not include
veterans disability compensation, as defined in Title 38 of the United
States Code. 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 11-25-2002 by L.L. No. 1-2002; 2-23-2004 by L.L. No. 1-2004]
(2)Â
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 12
consecutive months prior to the date of making application for exemption;
provided, however, that in the event of the death of either 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 purpose of computing
such period of 12 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 transfer or spouse shall be deemed also a time
of ownership by the transferee spouse and such ownership shall be
deemed continuous for the purpose 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 the application is made for exemption, and such periods of ownership
shall be deemed to be consecutive for the 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 replacement residence is deemed consecutive for exemption from
taxation by each such assessing unit or failure of such person to
receive the same shall not prevent the levy, collection and enforcement
of the payment of taxes on property owned by such person.
B.Â
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 local assessing
unit, and shall furnish the information and be executed in the manner
required or prescribed on such forms, and shall be filed in such Assessor's
office on or before the appropriate taxable status date. Notwithstanding
any other provision of law, any person otherwise qualifying under
this article shall not be denied the exemption under this article
if he becomes 65 years after the appropriate taxable status date and
on or before December 31 of the same year.
C.Â
At least 60 days prior to the appropriate taxable
status date, the appropriate local assessing unit shall mail to each
person who was granted exemption pursuant to this article 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 appropriate
local assessing unit 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,
prepaid envelope, of the approval or denial of the application; provided,
however, that the appropriate local assessing unit shall, upon 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
subsection, 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 of 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.
D.Â
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 or applicants
from further exemption for a period of five years.
E.Â
The real property tax exemption on real property owned
by a husband and wife, one of which is 65 years of age or over, once
granted, shall not be rescinded by the Town of Coeymans solely because
of the death of the older spouse so long as the surviving spouse is
at least 62 years of age.
F.Â
The appropriate local assessing units shall accept
applications for the renewal of exemptions pursuant to this article
after the taxable status date. In the event that the owner or all
of the owners of property which has received an exemption pursuant
to this section on the preceding assessment roll fail to file the
application required pursuant to this section on or before taxable
status date, such owner or owners may file the application, executed
as if such application had been filed on or before the taxable status
date, with the Assessor on or before the date of the hearing of complaints.
[Amended 11-25-2002 by L.L. No. 1-2002; 2-23-2004 by L.L. No. 1-2004]
Effective as hereinafter provided, there shall
be an exemption from taxation for general Town purposes on 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 or by siblings, one of
whom is 65 years of age or over, to the extent of the percentage of
assessed valuation provided in the following schedule, determined
by the maximum income eligibility level also provided in the following
schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
$0 to $24,000
|
50%
|
|
$24,000 or more but less than $25,000
|
45%
|
|
$25,000 or more but less than $26,000
|
40%
|
|
$26,000 or more but less than $27,000
|
35%
|
|
$27,000 or more but less than $27,900
|
30%
|
|
$27,900 or more but less than $28,800
|
25%
|
|
$28,800 or more but less than $29,700
|
20%
|
|
$29,700 or more but less than $30,600
|
15%
|
|
$30,600 or more but less than $31,500
|
10%
|
|
$31,500 or more but less than $32,400
|
5%
|
A.Â
No exemption shall be granted pursuant to this section:
(1)Â
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 of $32,400. "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 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, inheritances, payments
made to individuals because of their status as victims of Nazi persecution,
as defined in P.L. 103-286, moneys earned through the federal foster
grandparent program or any medical or prescription drug expenses actually
paid which were not reimbursed or paid by insurance. The provisions
of this subsection notwithstanding, such income shall not include
veterans disability compensation, as defined in Title 38 of the United
States Code. 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.
(2)Â
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 12
consecutive months prior to the date of making application for exemption;
provided, however, that in the event of the death of either 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 purpose of computing
such period of 12 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 transfer or 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 the application is made for exemption, and
such periods of ownership shall be deemed to be consecutive for the
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.
Notwithstanding any other provision of law, 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 the exemption from taxation by a municipality
within the state granting such exemption.
(3)Â
Unless the property is used exclusively for residential
purposes.
(4)Â
Unless the real property is the legal residence and
is occupied, in whole or in part, by the owner or by all of the owners
of the property.
B.Â
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 local assessing
unit, and shall furnish the information and be executed in the manner
required or prescribed on such forms, and shall be filed in such Assessor's
office on or before the appropriate taxable status date. Notwithstanding
any other provision of law, any person otherwise qualifying under
this section shall not be denied the exemption under this section
if he becomes 65 years after the appropriate taxable status date and
on or before December 31 of the same year.
C.Â
At least 60 days prior to the appropriate taxable
status date, the appropriate local assessing unit 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 appropriate
local assessing unit, 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,
prepaid envelope, of the approval or denial of the application; provided,
however, that the appropriate local assessing unit shall, upon receipt
and filing of the application, send by mail notification of receipt
to any applicant who has included two such envelopes with the application.
Where an applicant is entitled to a notice of denial pursuant to this
subsection, 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 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.
D.Â
Penalty for false statement; collection or erroneous
exemption; payment of fines.
(1)Â
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 or applicants
from further exemption for a period of five years.
(2)Â
Notwithstanding any inconsistent provisions of the
New York State Real Property Tax Law, the collection of any amount
of tax erroneously exempted due to an incorrect statement in an application
for exemption shall be enforceable in the same manner provided for
the collection of delinquent taxes pursuant to the provisions of Article
11 of the New York State Real Property Tax Law.
E.Â
The real property tax exemption on real property owned
by a husband and wife, one of whom is 65 years of age or over, once
granted, shall not be rescinded by the Town of Coeymans solely because
of the death of the older spouse so long as the surviving spouse is
at least 62 years of age.
F.Â
The appropriate local assessing units shall accept
applications for the renewal of exemptions pursuant to this section
after the taxable status date. In the event that the owner or all
of the owners of property which has received an exemption pursuant
to this section on the preceding assessment roll fail to file the
application required pursuant to this section on or before taxable
status date, such owner or owners may file the application, executed
as if such application had been filed on or before the taxable status
date, with the Assessor on or before the date for the hearing of complaints.
[Added 2-23-2004 by L.L. No. 1-2004]
The annual income limits and tables, and age
requirements, set forth in this article, may be amended by resolution
of the Town Board, subject to permissive referendum.
[Added 2-23-2004 by L.L. No. 1-2004]
If any part or provision of this article or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances, and the Town Board of the Town of Coeymans
hereby declares that it would have passed this article or the remainder
thereof had such invalid application or invalid provision been apparent.
[Added 2-23-2004 by L.L. No. 1-2004]
This article shall take effect immediately upon
filing with the Secretary of State, after 45 days from the date of
its adoption.
