[Adopted 7-3-2007 by L.L. No. 3-2007]
This article shall be known as the "Village
of Phoenix Veterans Tax Exemption Law."
The Village of Phoenix Board of Trustees finds
that it is appropriate to adopt certain veterans tax exemptions provided
for in § 458 of the New York State Real Property Tax Law
(NYSRPTL).
As used in this article, the following terms
shall have the meanings indicated:
As defined under § 485(1) of the NYSRPTL.
The following provisions of Real Property Tax
Law § 458 relative to veteran tax exemptions shall apply
to the real property taxes of eligible citizens of the Village of
Phoenix:
A.
RPTL § 458(1), property purchased with eligible
funds. Real property owned by a veteran (or a qualifying family member)
that was purchased with proceeds from certain forms of government
compensation known as "eligible funds" is exempt from general municipal
taxes to the extent that such funds were actually used in purchasing
the property. The exemption may also be granted to a veteran who served
overseas as a flight crew and aviation ground support employee of
Pan American World Airways or one of its subsidiaries or affiliates
as result of Pan American's contract with Air Transport Command or
Naval Air Transport Service during World War II (December 14, 1941
to August 14, 1945); and was discharged or released therefrom under
honorable conditions.
B.
RPTL § 458(3), seriously disabled veteran.
The primary residence (including necessary land) of a seriously disabled
veteran is wholly exempt from taxation, special ad valorem levies,
and special assessments, provided that the veteran is either eligible
for or has received financial assistance from the United States government
to equip the residence with special facilities to accommodate the
veteran's disability. The same exemption is allowed for such a residence
owned by the unremarried surviving spouse of such a veteran. Additionally,
such unremarried surviving spouse is entitled to transfer the exemption
to any new housing unit used as his or her primary residence.
C.
RPTL § 458(5), property purchased with eligible
funds; increase/decrease in assessed value of property.
(1)
If the total assessed value of the real property for
which a § 458(1) exemption has been granted increases or
decreases as the result of the revaluation or update of assessments,
and a material change in level of assessment is certified for the
assessment roll pursuant to the rules of the State Board, the Assessor
shall increase or decrease the amount of such exemption by multiplying
the amount of such exemption by such change in level of assessment.
If the Assessor receives the certification after the completion, verification
and filing of the final assessment roll, the Assessor shall certify
the amount of exemption as recomputed pursuant to this section to
the local officers having custody and control of the roll, and such
local officers are hereby directed and authorized to enter the recomputed
exemption certified by the Assessor or the roll.
(2)
Owners of property who previously received an exemption
pursuant to this section but who opted instead to receive exemptions
pursuant to RPRL § 458-a, are hereby authorized to again
receive an exemption pursuant to this section upon application by
the owner within one year of the adoption of this article. The Assessor
shall recompute all exemptions granted pursuant to this section by
multiplying the amount of each such exemption by the cumulative change
in level of assessment certified by the State Board measured from
the assessment roll immediately preceding the assessment roll on which
exemptions were first granted pursuant to RPTL § 458-a;
provided, however, that if an exemption pursuant to this section was
initially granted to a parcel on a later assessment roll, the cumulative
change-in-level factor to be used in recomputing that exemption shall
be measured from the assessment roll immediately preceding the assessment
roll on which that exemption was initially granted. No refunds or
retroactive entitlements shall be granted.
A.
Ownership requirements:
(1)
RPTL § 458(1):
(a)
The property must be owned by a veteran (or
by his or her spouse, unremarried surviving spouse, dependent father
or mother, or children under 21 years of age) and must have been purchased
with eligible funds granted by the United States or by this state.
(b)
If the property applying for exemption is a
cooperative apartment, certain local options provisions may be allowed
by RPTL § 458(8).
(c)
If the title to real property is held by a trustee
or trustees, the property is eligible for a property tax exemption
if the trustees or trust beneficiaries are otherwise qualified.
(2)
RPTL § 458(3):
(a)
The property must be owned by a seriously disabled
veteran (or by the veteran and his or her spouse, or the unremarried
surviving spouse of the veteran) who is either eligible or who has
received financial assistance from the United States government to
equip the residence with special facilities necessary to accommodate
the veteran's disability (typically, this type of assistance is distributed
by the Veterans Administration in the form of a grant under what is
now § 2101(a) of Title 38 of the U.S. Code to assist veterans
who have suffered permanent service-connected disability).
(b)
If the property applying for exemption is a
cooperative apartment, certain local option provisions may be allowed
by RPTL § 458(8).
(c)
If the title to real property is held by a trustee
or trustees, the property is eligible for a property tax exemption
if the trustees or trust beneficiaries are otherwise qualified.
(d)
An unremarried surviving spouse of a veteran
previously exempt under this statute may transfer the exemption to
any housing unit which is used as his or her primary residence.
(3)
RPTL § 458(5):
(a)
Since this is an extension of the exemptions authorized by RPTL § 458(1), the property must be owned by one of the qualifying owners described in § 177-17A(1).
B.
Property use requirements:
(1)
RPTL § 458(1): No property requirements
unless the cooperative apartment provisions of RPTL § 458(8)
are applicable. In such case, the veteran tenant/stockholder must
be a resident of the apartment.
(2)
RPTL § 458(3): The property must be used
as the primary residence of the seriously disabled veteran and must
be specially equipped with fixtures made necessary by the nature of
the veteran's disability. To determine if the property is the veteran's
primary residence, facts such as the length of time spent on the property,
where the veteran votes, and the nature and amount of personal property
on the premises shall be considered. The sole use requirement for
an unremarried surviving spouse of a veteran previously exempt under
this statute is that the property must be such spouse's primary residence.
(3)
RPTL § 458(3): No property requirements
unless the cooperative apartment provisions of RPTL § 458(8)
are applicable. In which case, the veteran tenant/stockholder must
be a resident of the apartment.
A.
RPTL § 458(1): up to $5,000 of assessed
value for general municipal (Village) taxes only.
B.
RPTL § 458(3): unlimited and relating to
general municipal (Village) taxes and special assessments.
C.
RPTL § 458(5): increased/decreased proportionate
to change in assessment level of general municipal (Village) taxes
only.
A.
RPTL § 458(1). This exemption is calculated
by determining the amount of eligible funds applied to the purchase
of the property; the exemption must not exceed $5,000 of assessed
valuation unless the property is owned by more than one veteran, in
which case the exemption must not exceed $5,000 of assessed value
for each owning veteran. A veteran who is also the unremarried surviving
spouse of a veteran may also receive any exemption to which the deceased
spouse was entitled. The amount of exemption is to be rounded to the
nearest $50 (if there is no nearest increment then the exemption should
be rounded to the next highest $50. If additional eligible funds are
received and applied to the purchase of the property (for example
by reducing the principal of a mortgage or making improvements to
the property), another application may be submitted to increase the
amount of the exemption up to the maximum.
B.
RPTL § 458(3). This exemption is equal to
100% of the assessed valuation of the residence and necessary land.
C.
RPTL § 458(5).
(1)
The amount of the change-in-level exemption is determined
by the overall change in level of assessments in the assessing unit
resulting from a revaluation or an update of a revaluation. Once the
change-in-level factor has been certified by the State Board of Real
Property Services, each veteran's eligible funds should be increased
or decreased in proportion to that change in level. If the assessor
receives the certification after completion, verification, and filing
of the assessment roll, the assessor must certify the amount of exemption
as recalculated to the local officials having custody and control
over the roll, and such officials must enter the recalculation exemption
on the roll.
(2)
The exemption amount of a change-in-level exemption
must be recalculated whenever a material change in the level of assessment
occurs in the assessing unit, i.e., an annual change of less than
0.98 or more than 1.02. This recalculation process must be performed
even if there has not been a revaluation or update of assessments
in the municipality.
(3)
If the veteran switches back from an alternative veteran's
exemption (RPTL § 458-a), the eligible funds of all veterans
should be recomputed using a cumulative change-in-level factor certified
by the State Board. The cumulative change in level is measured from
the assessment roll immediately preceding the assessment roll on which
exemption was first granted under RPTL § 458-a; provided,
however, that if an exemption under RPTL § 485 was initially
granted to a parcel on a later assessment roll, the cumulative change-in-level
factor to be used in recomputing the exemption should be measured
from the assessment roll immediately preceding the assessment roll
on which that exemption was initially granted. No refunds or retroactive
entitlements are allowed.
A.
RPTL § 458(1). Applicants must complete
Form RP-458 (1/07) entitled "Application for Veterans Exemption from
Real Property Taxation."
B.
RPTL § 458(3). Applicants must complete
Form RP-458 (1/07) entitled "Application for Veterans Exemption from
Real Property Taxation."
C.
RPTL § 458(5). There is no application,
unless a veteran is seeking to reobtain a previously granted eligible
funds exemption that will be subject to a local change in level of
assessment. In that case, the veteran must file Form RP-458 (1/07)
entitled "Application for Veterans Exemption from Real Property Taxation."
