[Adopted 5-14-2018 by L.L. No. 8-2018[1]]
[1]
Editor's Note: This local law also repealed former Art. VII,
Cold War Veterans Exemption, adopted 11-13-2007 by L.L. No 16-2007.
As used in this article, the following terms shall have the
meanings indicated which are derived from Real Property Tax Law § 458-b,
Subdivision 1, and shall be interpreted consistently with the state
law:
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 in the
United States Armed Forces, during the time period from September
2, 1945, to December 26, 1991, and was discharged or released therefrom
under honorable conditions.
The latest final class ratio established by the New York
State Board of Real Property Tax Services pursuant to Title 1 of Article
12 of the New York Real Property Tax Law for use in a special assessing
unit as defined in § 1801 of the New York State Real Property
Tax Law.
The latest final equalization rate established by the New
York State Board of Real Property Tax Services pursuant to Article
12 of the 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
the 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 subject
to such time limitations, if any, as are set forth in § 458-b,
Subdivision 1(f), of the New York State Real Property Tax Law.
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.
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
Town of Wappinger or, in the case of a special assessing unit, the
latest class ratio, whichever is less.
B.
In addition to the exemption provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service-related 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's disability rating; provided, however, that such exemption shall not exceed $40,000 or the product of $40,000 multiplied by the latest class ratio, whichever is less.
If a Cold War veteran receives either a veteran's exemption under § 458 of the Real Property Tax Law or an alternative veterans tax exemption under Article III of this chapter, which is authorized by § 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive an exemption under this article.
Pursuant to New York State Real Property Tax Law § 458-b,
Subdivision 2(c)(iii), the exemption granted by this article shall
be granted to a qualified owner for qualified residential real property
for as long as they remain a qualified owner of the property, without
regard to such ten-year limitation otherwise prescribed by New York
State Real Property Law absent the adoption of local law by the Town
of Wappinger.
A.
Application for the exemption set forth in this article shall be
made by the qualified owner, or all of the qualified owners, of the
property on a form prescribed by the New York State Board of Real
Property Tax Services.
B.
The owner or owners shall file the completed form in their local
assessor's office on or before the first appropriate taxable
status date.
C.
The exemption shall continue in full force and effect for all appropriate
subsequent tax years, and the owner or owners of the property shall
not be required to refile each year. Applicants shall be required
to refile on or before the appropriate taxable status date if the
percentage of disability percentage increases or decreases or may
refile if other changes have occurred which affect qualification for
an increased or decreased amount of exemption as required by New York
Real Property Tax Law § 458-b, Subdivision 3.
D.
Any applicant convicted of willfully making any false statement in
the application for such exemption shall be subject to the penalties
prescribed in the New York State Penal Law.
