[Adopted 2-12-2008 by L.L. No. 1-2008]
The Board hereby finds and determines that it has been the Town's
long-standing policy to offer to its veterans the broadest property
tax exemption permitted by the laws of New York State. Therefore,
the purpose of this article is to provide the maximum benefit permissible
to the Town's Cold War veterans.
As used in this article, the following terms shall have the
meanings indicated:
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(c).
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(b).
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(a).
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(h).
The latest final state equalization rate or special equalization
rate established by the Commissioner of Finance and Taxation pursuant
to Article 12 of the Real Property Tax Law. The Commissioner shall
establish a special equalization rate if it finds that there has been
a material change in the level of assessment since the establishment
of the latest state equalization rate, but in no event shall such
special equalization rate exceed 100. In the event that the state
equalization rate exceeds 100, then the state equalization rate shall
be 100 for the purposes of this article. Where a special equalization
rate is established for purposes of this article, the Assessor is
directed and authorized to recompute the Cold War veterans exemption
on the assessment roll by applying such special equalization rate
instead of the latest state equalization rate applied in the previous
year and to make the appropriate corrections on the assessment roll,
notwithstanding the fact that such Assessor may receive the special
equalization rate after the completion, verification and filing of
such final assessment roll. In the event that the Assessor does not
have custody of the roll when such recomputation is accomplished,
the Assessor shall certify such recomputation to the local officers
having custody and control of such roll, and such local officers are
hereby directed and authorized to enter the recomputed Cold War veterans
exemption certified by the Assessor on such roll.[1]
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(e).
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(f).
Shall have the meaning set forth in Real Property Tax Law
§ 458-b(1)(d).
Pursuant to Subdivision (2)(a) of § 458-b of the Real
Property Tax Law, an exemption from real property taxes shall be available
to qualified owners of qualified residential real property in the
Town. Said Cold War veterans exemption shall be computed as follows:
A.Â
Qualifying residential real property shall be exempt from taxation
to the extent of 10% of the assessed value of such property; provided,
however, that such exemption shall not exceed $8,000 or the product
of $8,000 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.Â
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 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's 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 for the assessing unit or, in the case of a special assessing unit, the latest class ratio, whichever is less.
C.Â
Limitations.
(1)Â
The exemption from taxation provided by this section shall be applicable
to county and Town taxation, but shall not be applicable to taxes
levied for school purposes.
(2)Â
If a Cold War veteran receives the exemption under § 458
or 458-a of the Real Property Tax Law, the Cold War veteran shall
not be eligible to receive the exemption under this article.
(3)Â
The exemption provided by Subsection A of this section shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to the ten-year limitation set forth in New York State Real Property Tax Law § 458-b.
[Amended 12-19-2017 by L.L. No. 1-2017]
[Amended 7-8-2014 by L.L.
No. 1-2014]
Application for exemption shall be made by the owner, or all
of the owners, of the property on a form prescribed by the Commissioner
of Taxation and Finance. The owner or owners shall file the completed
form in the Assessor's office on or before the first appropriate taxable
status date. The owner or owners of the property shall be required
to refile each year. Applicants shall refile on or before the appropriate
taxable status date. Any applicant convicted of willfully making any
false statement in the application for such exemption shall be subject
to the penalties prescribed in the Penal Law.
The making of any written willful false statement in the application
for an exemption under this article shall be a Class A misdemeanor
pursuant to Penal Law § 210.45 and punishable by a fine
in an amount not to exceed $1,000 in accordance with Penal Law § 80.05.
Such a violation of this article shall also disqualify the applicant
from further exemption for a period of one year.
This article shall apply to assessment rolls on the basis of
taxable status dates occurring on or after January 1, 2008, and each
year thereafter.
