[Adopted 11-22-1994 by L.L. No. 1-1994]
Editor's Note: This local law also superseded former Art. I, Senior Citizens Tax Exemption, adopted 4-25-1990 by L.L. No. 1-1990.
[Amended 2-27-2007 by L.L. No. 1-2007]
Pursuant to the authority granted under Chapter 109 of the Laws of 1979 of the State of New York, which chapter amends Paragraph (a) of Subdivision 3 of § 467 of the Real Property Tax Law, real property of the Town of Sweden owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempted from taxation by the Town of Sweden to the extent of 50% of the assessed valuation thereof. The maximum income for purposes of the fifty-percent exemption shall be equal to $26,000. The eligible income level will then increase $1,000 annually through 2009 for incomes up to $29,000.
The Town of Sweden has the further option of giving exemptions of less than 50% to persons age 65 or over whose incomes are more than $26,000. Under this option, called the "sliding-scale option," a qualifying owner can have a yearly income as high as $34,400 and an exemption of 5% in places that are using the maximum limit. The eligible income levels will then increase $1,000 annually through 2009, such that there will be a graduated reduction in exemption for incomes more than $29,000 but less than $37,400.
No exemption shall be granted:
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 $34,400. "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 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 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 and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income.
[Amended 1-14-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 2-1996; 9-28-1999 by L.L. No. 2-1999; 10-10-2000 by L.L. No. 1-2000; 12-10-2002 by L.L. No. 2-2002; 12-9-2003 by L.L. No. 4-2003; 11-22-2005 by L.L. No. 5-2005; 2-27-2007 by L.L. No. 1-2007]
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 of 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 tranferee 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 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 property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purposes of this section. Where a residence is sold and replaced with another within one year and is in the Town of Sweden, the period of ownership of the former property shall be combined with the period of ownership of the replacement residence and deemed consecutive for exemption for taxation by the Town of Sweden:
Unless the property is used exclusively for residential purposes.
Unless the property is the legal residence of and occupied in whole or in part by the owner or by all the owners of the property.
Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board of Real Property Services to be furnished by the Town of Sweden 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.