[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
|
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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shall not be rescinded solely because of the death of the older spouse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).
[Amended 10-4-1994 by L.L. No. 12-1994, effective 10-11-1994]
Exemption from taxation for school purposes
shall not be granted in the case of real property where a child resides
if such child attends a public school of elementary or secondary education.
[Amended 6-19-1990 by L.L. No. 16-1990, effective 6-25-1990; 8-30-1990 by L.L. No. 19-1990, effective 9-4-1990; 12-17-1991 by L.L. No. 11-1991, effective 12-24-1991; 10-4-1994 by L.L. No. 12-1994, effective 10-11-1994]
No exemption, as set forth in §
65-1A of this article, shall be granted:
A. Unless the owner(s) have held an exemption pursuant
to § 467 of the Real Property Tax Law for a previous residence,
or unless prior to the date of making application for the exemption,
the title of the property has been vested in the owner or one of the
owners of at least 24 consecutive months as set forth in Subsection
3(b) of § 467 of the Real Property Tax Law.
B. The income of the owner or the combined income of
the owners of the property as defined in this chapter may not exceed
$58,400. Where title is vested in either spouse, their combined income
may not exceed such sum, except where either spouse is absent from
the property as provided in Subdivision 3(d) of § 467 of
the Real Property Tax Law, 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, net rental income, salary or earnings and income
from self-employment and 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, but shall not include
a return of capital, gifts, inheritances, or monies earned through
employment in the Federal Foster Grandparent Program. 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 2-22-1996 by L.L. No. 4-1996,
effective 3-4-1996; 10-1-1996 by L.L. No. 26-1996, effective 10-8-1996; 7-13-1999 by L.L. No. 8-1999,
effective 7-19-1999; 11-16-2023 by L.L. No. 12-2023, effective 12-1-2023]
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
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 all of the owners of the property
except as provided in Subsection 3(d) of § 467 of the Real
Property Tax Law.
[Amended 10-4-1994 by L.L. No. 12-1994, effective 10-11-1994]
Application for such exemption must be made
by the owner or all of the owners of the property each year on forms
to be furnished by the Town Assessor's office. The 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 taxable status date; provided further, however, that
an application for such exemption may be filed after taxable status
date but no later than the last date on which a grievance with respect
to 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 an illness of the applicant or
of the applicant's spouse, child, parent, brother or sister, which
actually prevents the applicant from filing on a timely basis, as
certified by a licensed physician. The Assessor shall approve or deny
such application as if it had been filed on or before the taxable
status date; and the owner, or all of the owners, of property which
has received an exemption pursuant to this article on the preceding
assessment roll fail to file the application required pursuant to
this article 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 last date on which a grievance with respect to complaints
of assessment may be filed.
Any conviction for having made any willfully
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.
[Added 9-9-2008 by L.L. No. 17-2008, effective 9-17-2008]
Pursuant to the provisions of RPTL § 925-b, persons 65 years of age or older, who have received an exemption pursuant to §
65-1 of the Town Code, are hereby granted an extension of not more than five business days for the payment of real property taxes without interest or penalty. If the real property taxes are not paid by the end of the extension provided, those taxes shall be subject to the same interest and penalties that would have applied if no extension had been granted.