[Last amended 11-16-2023 by L.L. No. 12-2023, effective 12-1-2023]
A.
Pursuant to the provisions of § 467 of the Real Property Tax Law, real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a married couple, or by siblings, one of whom is 65 years of age or over, shall be exempt from taxation by the Town of Brookhaven to the extent of 50% based upon an annual income as determined by the following schedule:
Tax Year 2024/25 and All Years Thereafter | |
|---|---|
Annual Income | Percentage of Assessed Valuation Exempt From Taxation |
Less than $50,000 | 50% |
$50,001 or more, but less than $51,000 | 45% |
$51,001 or more, but less than $52,000 | 40% |
$52,001 or more, but less than $53,000 | 35% |
$53,001 or more, but less than $53,900 | 30% |
$53,901 or more, but less than $54,800 | 25% |
$54,801 or more, but less than $55,700 | 20% |
$55,701 or more, but less than $56,600 | 15% |
$56,601 or more, but less than $57,500 | 10% |
$57,501 or more, but less than $58,400 | 5% |
"Sibling" shall mean a brother or a sister, whether related through half blood, whole blood or adoption.
B.
Any exemption provided by this article shall be computed after all other partial exemptions allowed by law have been subtracted from the total assessed value.
C.
An exemption provided by this article on real property owned by a married couple, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.
D.
The term "income" shall mean the "adjusted gross income" for federal income tax purposes as reported on the applicant's second latest calendar year's federal or state income tax return, plus any social security benefits not included in the federal adjusted gross income if no such return was filed. Social security benefits that were not included in the applicant's federal adjusted gross income shall be considered income. 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 been reported if such return has been filed.
E.
Distributions received from individual retirement account or individual retirement annuity that were included in the applicant's federal adjusted gross income shall be considered income. Tax exempt interest and dividends are also considered income according to the law.
F.
Any losses applied to the applicant's federal adjusted gross income shall be subject to the limitations listed in Real Property Tax Law § 467(5)(A)(B)(C).