[Adopted 2-7-2008 by L.L. No. 1-2008]
This article shall be known as the "Real Property
Tax Exemption for Cold War Veterans Act."
A.
The State Legislature added a new § 458-b
to New York State Real Property Tax Law to authorize a real property
tax law to authorize a real property tax exemption for Cold War veterans
which counties may opt into.
B.
The legislation is intended to provide Cold War veterans
with a real property tax exemption similar to tax exemptions given
to wartime veterans.
C.
Cold War veterans served in the United States Armed
Forces during the time period from September 2, 1945 to December 20,
1991.
As used in this article, the following terms
shall have the meanings indicated:
Full-time duty in the United States Armed Forces, other than
active duty for training.
The United States Army, Navy, Marine Corps, Air Force and
Coast Guard.
A person, male or female, who served on active duty for a
period of more than 365 days in the United States Armed Forces, during
the time period from September 2, 1945 to December 26, 1991, was discharged
or released therefrom under honorable conditions and has been awarded
the Cold War recognition certificate as authorized under Public Law
105-85, the 1998 National Defense Authorization Act.
The latest final equalization rate established by the State
Board pursuant to Article 12 of New York State Real Property Tax Law.
A Cold War veteran, the spouse of a Cold War veteran, or
the unremarried surviving spouse of a deceased Cold War veteran. Where
property is owned by more than one qualified owner, the exemption
to which each is entitled may be combined. Where a veteran is also
an unremarried surviving spouse of a veteran, such person may also
receive any exemption to which the deceased spouse was entitled.
Property owned by a qualified owner which is used exclusively
for residential purposes; provided, however, that in the event that
any portion of such property is not used exclusively for residential
purposes, but is used for other purposes, such portion shall be subject
to taxation and only the remaining portion used exclusively for residential
purposes shall be subject to the exemption provided by this article.
Such property shall be the primary residence of the Cold War veteran
or the unremarried surviving spouse of a Cold War veteran, unless
the Cold War veteran or unremarried surviving spouse is absent from
the property due to medical reasons or institutionalization for up
to five years.
With respect to disability or death, that such disability
was incurred or aggravated, or that the death resulted from a disability
incurred or aggravated, in line of duty on active military, naval
or air service.
As authorized by Real Property Tax Law § 458-b,
the Town of Forestburgh is hereby opting into the Cold War veterans
partial real property tax exemption to the extent of 15% of the first
$80,000 of assessed value.
A.
Qualifying residential real property shall be exempt
from taxation to the extent of 15% of the assessed value of such property;
provided, however, that such exemption shall not exceed $12,000 or
the product of $12,000 multiplied by the latest state equalization
rate of the assessing unit, or in the case of a special assessing
unit, the latest class ratio, whichever is less; and
B.
In addition to the exemption provided in this article,
where the Cold War veteran received a compensation rating from the
United States Department of Veterans Affairs or from the United States
Department of Defense because of a service-connected disability, qualifying
residential real property shall be exempt from taxation to the extent
of the product of the assessed value of such property, multiplied
by 50% of the Cold War veteran disability rating; provided, however,
that such exemption shall not exceed $40,000, or the product of $40,000
multiplied by the latest state equalization rate for the assessing
unit, or in the case of a special assessing unit, the latest class
ratio, whichever is less.
A.
The exemption from taxation provided by this article
shall be applicable to county, city, town and village taxation, but
shall not be applicable to taxes levied for school purposes.
B.
If a Cold War veteran receives the exemption under
§ 458 or 458-a of the New York State Real Property Tax Law,
the Cold War veteran shall not be eligible to receive the exemption
under this article.
C.
The exemption provided by § 153-21 of this article shall be granted to qualified owners of qualified residential real property for as long as they remain qualified owners of qualified residential real property, without regard to the ten-year limitation contained in Real Property Tax Law Section 458-b(2)(c)(iii).
[Amended 1-4-2018 by L.L.
No. 1-2018]
D.
Application for exemption shall be made by the owner
or all of the owners of the property on a form prescribed by the State
Board subject to the terms set forth in Real Property Tax Law § 458-b.
