Town of Tully, NY Article IV Senior Citizens Exemption

[Adopted 1-11-1999 by L.L. No. 2-1999]

§ 252-9 Partial exemption granted.

A. Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a husband and wife or by a sibling, one of whom is 65 years of age or over shall be exempt from taxation 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.

B. The real property tax exemption on real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.

C. Pursuant to § 467, Paragraph (b), of the Real Property Tax Law, the exemption shall decrease in accordance with the following schedule as the income eligibility increases:

[Amended 1-11-2006 by L.L. No. 1-2006; 3-14-2007 by L.L. No. 2-2007; 2-27-2008 by L.L. No. 1-2008]

	Exemption	Income Limits by Income Tax Year
		2007	2008	2009
	50%	$27,000	$28,000	$29,000
	45%	$28,000	$29,000	$30,000
	40%	$29,000	$30,000	$31,000
	35%	$30,000	$31,000	$32,000
	30%	$30,900	$31,900	$32,900
	25%	$31,800	$32,800	$33,800
	20%	$32,700	$33,700	$34,700
	15%	$33,600	$34,600	$35,600
	10%	$34,500	$35,500	$36,500
	5%	$35,400	$36,400	$37,400

D. In the event the New York State Legislature enacts any provision authorizing adoption of greater or expanded real property tax exemption benefits for persons 65 years of age or older and otherwise qualifying hereunder, the provisions hereof may be amended by resolution of the Town Board in order to implement any such greater or expanded benefits.

[Added 1-11-2006 by L.L. No. 1-2006]

§ 252-10 Conditions.

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 exemption exceeds the sum of $35,400 for 2007 income tax year, $36,400 for 2008 income tax year, or $37,400 for 2009 income tax year. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment but shall not include a return of capital, gifts or inheritances. In computing net rental income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear or real or personal property held for the production of income.

[Amended 11-8-2006 by L.L. No. 3-2006; 2-27-2008 by L.L. No. 1-2008]

B. Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months; 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 transferor 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 24 consecutive months and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale, 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 periods of ownership shall be deemed to be consecutive for purposes of this section. Notwithstanding any other provision of law, where a residence is sold and replaced with another within one year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of the exemption from taxation by the municipality with the state of granting such exemption.

C. Unless the property is used exclusively for residential purposes.

D. Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property: except where:

(1) An owner is absent from the residence while receiving health-related care as an inpatient of a residential health care facility, as defined in § 2801 one of the Public Health Law, provided that any income accruing to that person shall only be income only to the extent that it exceeds the amount paid by such owner, spouse or co-owner for care in the facility, and provided further, that during such confinement such property is not occupied by other than the spouse or co-owner of such owner; or

(2) The real property is owned by a husband and/or wife, or an ex-husband and/or ex-wife, and either is absent from the residence due to divorce, legal separation or abandonment and all other provisions of this section are met, provided that, where an exemption was previously granted when both resided on the property, then the person remaining on the real property shall be 52 years of age or over.

E. In the event the owner, or all of the owners of property which has received an exemption on the preceding assessment roll, fail to file the application before the taxable status date such owner or owners may file the application executed as if such application had been filed on or before the taxable status date with the Assessor on or about the date for hearing of complaints.

§ 252-11 Application for exemption.

Application for such exemption need be made by owner, or all of the owners of the property, on forms prescribed by the state board 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. Any person otherwise qualifying under this section shall not be denied the exemption under this section if he becomes 65 years of age after the appropriate taxable status date and on or before December 31 of the same year.