[Amended 10-5-1987 by L.L. No. 2-1987]
This article shall be known as the "Victor Partial Exemption From Taxation of Certain Real Property Owned by Persons 65 Years of Age or Over."
[Adopted 11-4-1974 by L.L. No. 1-1974]
[Amended 10-5-1987 by L.L. No. 2-1987; 10-2-2006 by L.L. No. 3-2006]
Real property within the Village of Victor 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, or real property owned by one or more persons, some of whom qualify under this section, shall be exempt from taxation by the Village of Victor to the extent of 50% of the assessed valuation. For the purposes of this section, "sibling" shall mean a brother or a sister, whether related through half blood, whole blood or adoption. Any person otherwise qualifying under this chapter shall not be denied the exemption if he or she becomes 65 years of age after the appropriate taxable status date and on or before December 31 of the same year.
[Amended 6-18-1979; 10-4-1982; 1-7-1984; 10-5-1987 by L.L. No. 2-1987; 12-16-2002 by L.L. No. 5-2002]
No exemption shall be granted:
A.
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 the exemption exceeds the sum as stated in § 147-3.1. Where a title is vested in either the husband or the wife, their combined income may not exceed such sum, except where the husband or wife, or ex-husband or ex-wife is absent from the property as provided in Real Property Tax Law § 467, Subdivision 3(d)(ii), 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 net income from self-employment but shall not include a return of capital, gifts or inheritances, payments made to individuals because of their status as victims of Nazi persecution, as defined in P.L. 103-2861 or monies earned through employment in the federal foster grandparent program. In addition, an exchange of an annuity for an annuity contract, which resulted in nontaxable gain, as determined in § 1035 of the Internal Revenue Code, shall be excluded from such income, provided that such exclusion shall be based on satisfactory proof that such an exchange was solely an exchange of an annuity for an annuity contract that resulted in a nontaxable transfer determined by such section of the Internal Revenue Code. Furthermore, such income shall not include the proceeds of a reverse mortgage, as authorized by § 6-h of the Banking Law, and §§ 280 and 280-a of the Real Property Law; provided, however, that monies used to repay a reverse mortgage may not be deducted from income, and provided additionally that any interest or dividends realized from the investment of reverse mortgage proceeds shall be considered income. Payments from veterans' disability compensation, as defined in Title 38 of the United States Code, shall not be included as income. From the combined income figure, the applicant may deduct from incomes all medical and prescription drug expenses which are not reimbursed or paid by insurance. 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 1-25-1993 by L.L. No. 1-1993; 5-1-1995 by L.L. No. 4-1995; 2-3-1997 by L.L. No. 1-1997; 1-19-1999 by L.L. No. 1-1999; 3-1-2004 by L.L. No. 3-2004; 10-2-2006 by L.L. No. 3-2006; 2-7-2011 by L.L. No. 1-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 12-16-2002 by L.L. No. 5-2002; amended 3-1-2004 by L.L. No. 3-2004; 10-2-2006 by L.L. No. 3-2006; 4-2-2007 by L.L. No. 3-2007; 2-7-2011 by L.L. No. 1-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
A senior citizen property owner earning income equal to or less than the following scheduled amounts shall qualify for a 50% senior citizen exemption:
Income Year | 50% Exemption Income | Assessment Roll Affected |
|---|---|---|
2009 and after | $29,000 | 2010 and after |
B.
Exemptions for income year 2009 and thereafter shall be granted according to the following schedule:
Maximum Income as Defined in § 147-3 | Percentage of Assessed Valuation Exempt from Taxation |
|---|---|
$29,000.00 | 50% |
$29,999.99 | 45% |
$30,999.99 | 40% |
$31,999.99 | 35% |
$32,899.99 | 30% |
$33,799.99 | 25% |
$34,699.99 | 20% |
$35,599.99 | 15% |
$36,499.99 | 10% |
$37,399.99 | 5% |
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Application for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the Commissioner of Taxation and Finance, to be furnished by the appropriate assessing authority, and 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 the appropriate taxable status date.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where a renewal application for the exemption authorized by this article has not been filed on or before the taxable status date, and the owner believes that good cause existed for the failure to file the renewal application by that date, the owner may, no later than the last day for paying taxes without incurring interest or penalty, submit a written request to the assessor asking him or her to extend the filing deadline and grant the exemption. Such request shall contain an explanation of why the deadline was missed, and shall be accompanied by a renewal application, reflecting the facts and circumstances as they existed on the taxable status date. The assessor may extend the filing deadline and grant the exemption if he or she is satisfied that: (a) good cause existed for the failure to file the renewal application by the taxable status date, and that (b) the applicant is otherwise entitled to the exemption. The assessor shall mail notice of his or her determination to the owner. If the determination states that the assessor has granted the exemption, he or she shall thereupon be authorized and directed to correct the assessment roll accordingly, or, if another person has custody or control of the assessment roll, to direct that person to make the appropriate corrections. If the correction is not made before taxes are levied, the failure to take the exemption into account in the computation of the tax shall be deemed a "clerical error" for purposes of Title 3 of Article 5 of the Real Property Tax Law, and shall be corrected accordingly.
At least 60 days prior to the appropriate taxable status date, the assessing authority 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 the taxable status date and be approved in order for the exemption to be granted. Failure to mail any such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person.
Any conviction of 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.