The Town of Stratford hereby establishes a municipal
property tax relief program for certain homeowners age 65 or over
or permanently and totally disabled pursuant to Section 12-129n of
the General Statutes of Connecticut for eligible residents of the
Town of Stratford for the fiscal year commencing July 1, 2008, on
the terms and conditions provided herein. Effective with the fiscal
year commencing July 1, 2008, this article shall supersede and replace
any and all tax relief programs for senior citizens and the disabled.
[Amended 5-7-2009 by Ord. No. 09-17; 4-19-2012 by Ord. No. 12-06]
A. Any person eligible for tax relief under this article
shall be entitled to choose one of the following types of tax relief
to the exclusion of all of other types of tax relief available under
this article:
(1) Tax credit.
(a)
For applicants who elect to apply for tax credit
under this article, said credit shall be on a graduated basis as follows:
|
|
Income
|
Tax Credit
|
---|
|
|
Over
|
To
|
Married
|
Unmarried
|
---|
|
Step 1
|
$0
|
$16,100
|
$500
|
$400
|
|
Step 2
|
$16,100
|
$21,700
|
$450
|
$360
|
|
Step 3
|
$21,700
|
$27,100
|
$400
|
$320
|
|
Step 4
|
$27,100
|
$32,300
|
$350
|
$280
|
|
Step 5
|
$32,300
|
$39,500
|
$300
|
$240
|
|
Step 6
|
$39,500
|
$46,900
|
$250
|
$160
|
(b)
This schedule shall apply to the taxes for all
fiscal years beginning July 1, 2012. Thereafter, the amounts of qualifying
income as provided in this article shall be adjusted annually in a
uniform manner to reflect the annual inflation adjustment in social
security income with each such adjustment of qualified income determined
to the nearest $100.
(c)
The maximum allowable income shall be at least
equal to the maximum allowable income as set by the State of Connecticut
for elderly tax relief; however, under no circumstances shall the
Town income limit be reduced below the state maximum.
(2) Tax freeze.
(a) Any applicant who qualifies for a tax credit under this article may,
instead of receiving such tax credit, elect to pay the gross tax levied
on applicable property calculated for the first year the application
is granted (the freeze amount) and shall be entitled to continue to
pay no more than such amount for each subsequent year in which the
applicant continues to meet such qualifications, but shall not be
entitled to any other tax relief under this article.
(b) In the event that the applicant shall make improvements to his property
resulting in an increase in his assessment, an amount calculated by
multiplying the increase in the taxpayer’s assessment attributable
to the improvement by the mill rate in effect in the year such reassessment
takes place shall be added to the freeze amount in effect immediately
prior to such improvement to obtain a new freeze amount which will
be the freeze amount for subsequent assessment years unless otherwise
adjusted in accordance with this article.
(c) Prior to the due date of the first installment of tax each fiscal
year, the recipient shall enter into a written agreement with the
Town providing for the reimbursement of the difference between the
freeze amount and the amount of tax that would have been levied upon
the applicant’s residence that year but for such freeze (the
"freeze benefit"). The amount of such freeze benefit shall be recorded
on the land records of the Town and shall constitute a lien on the
property, payable only when the property subject to taxation is no
longer the residence of the applicant, as defined in this article,
and the applicant’s surviving spouse is not a person entitled
to tax benefits under this article.
(d) The total of all freeze benefits received, plus interest in the amount of 4.5%, shall be reimbursed to the Town when the property subject to taxation is no longer the residence of the applicant, as defined in this article, and the applicant’s surviving spouse is not a person entitled to tax benefits under this article in accordance with Subsection
A(2)(c) above.
(e) The total of all deferred taxes shall not exceed the assessed value
of the real property.
(f) Unless otherwise extended, this tax freeze option shall expire after
the Grand List of October 1, 2010.
(3) Tax deferral.
(a) Any applicant who qualifies for a tax credit under this article may,
instead of receiving such tax credit, elect to defer 75% of such applicant’s
tax due, less all amounts received under any state elderly tax relief
program, and shall be entitled to defer such tax due until the property
subject to taxation is no longer the residence of the applicant, as
defined in this article, and the applicant’s surviving spouse
is not a person entitled to tax benefits under this article, but shall
not be entitled to any other tax relief under this article.
(b) Prior to the due date of the first installment of tax each fiscal
year, the recipient shall enter into a written agreement with the
Town providing for the reimbursement of the amount of deferred taxes
that year. The amount of such deferred taxes shall be recorded on
the land records of the Town and shall constitute a lien on the property,
payable only when the property subject to taxation is no longer the
residence of the applicant, as defined in this article, and the applicant’s
surviving spouse is not a person entitled to tax benefits under this
article.
(c) The total of all taxes deferred, plus interest in the amount of 4.5%, shall be reimbursed to the Town when the property subject to taxation is no longer the residence of the applicant, as defined in this article, and the applicant’s surviving spouse is not a person entitled to tax benefits under this article in accordance with Subsection
A(3)(b) above.
(d) The total of all deferral benefits shall not exceed the assessed
value of the real property.
B. In any case where title to the real property is recorded in the name
of the taxpayer or his spouse and/or any other person or persons,
the tax credit granted herein shall be prorated to reflect the fractional
share of such taxpayer or spouse; and, furthermore, if such property
is occupied as a multiple-family dwelling, such relief shall be prorated
to reflect the fractional portion of such property occupied by the
taxpayer.
C. Any person entitled to tax relief pursuant to this article is required
to file biennially for the benefit in the same year as he or she files
for state benefits; however, if the taxpayer’s income changes
in the meantime such that his or her eligibility shall be affected,
said person shall be required to reapply.
D. Tax levy.
(1) Commencing with the real property tax levied on the Grand List of October 1, 2007, and subject to such other limitations as are set forth in this article, the tax credit for Steps 1 through 5, inclusive, set forth in §
191-5.3A(1) of this article shall be increased annually by an amount equal to 75% of the amount by which the regular tax levied on the applicant’s residence for the applicable Grand List exceeds the tax levied on the same property on the preceding Grand List. "Regular tax levied" is defined as the net assessment on the applicable Grand List multiplied by the mill rate applicable to said assessment. Notwithstanding the above, the provisions for increase of the tax credit, as specified hereinabove, shall not apply to any person in his or her first year of entitlement to a tax credit pursuant to this article. Any such persons shall be entitled only to the base tax credit as specified in §
191-5.3A.
(2) In
the event that the regular tax levied on any Grand List remains the
same or decreases from that levied on the preceding Grand List, there
shall be no adjustment until there is an increase in the tax levied
on any succeeding Grand List.
(3) In
any case where title to the real property is recorded in the name
of the eligible taxpayer or his spouse and/or any other person or
persons, the tax credit granted herein shall be prorated to reflect
the fractional share of such eligible taxpayer or spouse; and, furthermore,
if such property is occupied as a multiple-family dwelling, such relief
shall be prorated to reflect the fractional portion of such property
occupied by the eligible taxpayer.
E. If any
person entitled to tax relief pursuant to this article sells the property
on which the tax relief is granted, no additional tax relief shall
be allowed for his or her interest in the property for any fiscal
years commencing after the date of the sale of the property, and further
provided that the purchaser of such property shall pay the Town a
prorated share of the tax credit as provided by Section 12-81a of
the Connecticut General Statutes.