[Adopted 11-20-2008 by L.L. No. 10-2008]
A.
This Town Board finds and determines that the sacrifices
and services provided by veterans in protecting this country should
be acknowledged by providing certain tax exemptions.
B.
By Chapter 655 of the Laws of New York for 2007, as
amended by Chapter 6 of the Laws of New York for 2008, the New York
State Legislature amended § 458-b of the Real Property Tax
Law authorizing the adoption of a local law to provide tax exemptions
for Cold War veterans.
C.
The purpose of this article is to adopt tax exemptions
for Cold War veterans as authorized by Chapter 655 of the Laws of
New York for 2007, as amended by Chapter 6 of the Laws of New York
for 2008.
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 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.
That 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 State 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 section.
Such property shall be the primary residence of the Cold War veteran
or unremarried surviving spouse, unless the Cold War veteran or unremarried
surviving spouse is absent from the property due to medical reasons
or institutionalization.
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 assessing unit, 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 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 of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C.
If a Cold War veteran receives either a veterans'
exemption authorized by § 458 of the Real Property Tax Law,
or an alternative veterans' exemption 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.
[Amended 11-9-2017 by L.L. No. 12-2017]
The exemption provided by this article shall
apply to a qualified owner of qualified residential real property
for as long as they remain a qualified owner, without regard to the
ten-year limitation set forth in § 458-b of the Real Property
Tax Law.
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. The owner or owners shall file
the completed form in their local assessor's office on or before the
first appropriate taxable status date. The exemption shall continue
in fill 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
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. 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.
