[1]
Editor's Note: This local law also superseded former Ch. 80, Taxation,
Art. II, Senior Citizens Exemption, adopted 10-21-1971 by L.L. No. 1-1971,
as amended.
The purpose of this Article II is to grant a partial exemption from taxation to a maximum extent of 50% of the assessed valuation of real property which is owned by certain persons with limited income who are 65 years of age or over meeting the requirements set forth in § 467 of the Real Property Tax Law.
Real property owned by persons 65 years of age or over or real property
owned by husband and wife, one of who is 65 years of age or over, shall be
exempt from Village taxes up to a maximum extent of 50% of the assessed valuation,
subject to the following conditions:
A.
The owner or all of the owners must file an application
annually at the Assessor's office on or before the taxable status date of
March 1 of each year. Such application shall be on the form prescribed by
the State Board of Equalization and Assessment,[1] to be furnished by the Village of West Carthage, and shall furnish
the information to be executed in the manner required or prescribed in such
forms.
[1]
Editor's Note: Pursuant to an amendment by L. 1994, c. 385, the State
Board of Equalization and Assessment is now referred to as the "State Board
of Real Property Services."
B.
Income level.
(1)
The income of the owner or the combined income of the
owners must be under $9,500 for the income tax year immediately preceding
the date that the application is filed for a fifty-percent tax exemption to
be granted pursuant to this article.
(2)
The income of the owner or the combined income of the
owners must be more than $9,500 but less than or equal to $10,500 for the
tax year immediately preceding the date that the application is filed in order
for a forty-five-percent tax exemption to be granted pursuant to this article.
(3)
The income of the owner or the combined income of the
owners must be more than $10,500 but less than or equal to $11,500 for the
income tax year immediately preceding the date that the application is filed
in order for a forty-percent tax exemption to be granted pursuant to this
article.
(4)
The income of the owner or the combined income of the
owners must be more than $11,500 but less than or equal to $12,500 for the
income tax year immediately preceding the date that the application is filed
in order for a thirty-five-percent tax exemption to be granted pursuant to
this article.
(5)
The income of the owner or the combined income of the
owners must be more than $12,500 but less than or equal to $13,400 for the
income tax year immediately preceding the date that the application is filed
in order for a thirty-percent tax exemption to be granted pursuant to this
article.
(6)
The income of the owner or the combined income of the
owners must be more than $13,400 but less than or equal to $14,300 for the
income tax year immediately preceding the date that the application is filed
in order for a twenty-five-percent tax exemption to be granted pursuant to
this article.
(7)
The income of the owner or the combined income of the
owners must be more than $14,300 but less than or equal to $15,200 for the
income tax year immediately preceding the date that the application is filed
in order for a twenty-percent tax exemption to be granted pursuant to this
article.
(8)
Where title is vested in either the husband or wife,
their combined income 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
gifts or inheritances.
C.
Title to the property must be vested in the owner or,
if more than one, in all the owners for at least 60 consecutive months prior
to the date that the application is filed; provided, however, that in the
event of the death, of either a husband or wife in whose name title to the
property shall have been vested at the time of death, title then becomes vested
solely in the survivor by virtue of devise by or descent from the deceased
husband or wife, and the time of ownership of the property by the deceased
husband and wife shall be deemed also a time of ownership by the survivor,
and such ownership shall be deemed continuous for the purpose of computing
such period of 60 consecutive months; and provided, further, that, in the
event of a transfer by either a husband or wife to the other spouse of all
or part of the title to the property, the time of ownership of the property
by the transferee spouse shall be deemed also a time of ownership by the transferee
spouse, and such ownership shall be deemed continuous for the purposes of
computing such period of 60 consecutive months, and provided that, where property
of the owners has been acquired to replace property formerly owned by such
owner and/or owners and taken by eminent domain or other involuntary proceeding,
except a tax sale; and further provided that, where a residence is sold and
replaced with another within one year and is in the same assessment unit,
the period of ownership of the former property shall be combined with the
period of ownership of the property for which application is made for exemption,
and such period of ownership shall be deemed to be consecutive for purposes
of this section.
D.
The property must be used exclusively for residential
purposes, be occupied in whole or in part by the owners and constitute the
legal residence of the owners.
