For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
DWELLING
The word "dwelling," as used herein, shall be defined as
a home constructed upon real estate owned by the qualified property
owner or a manufactured home, as defined in § 36-85.3 of
the Code of Virginia, 1950, as amended.
PERMANENTLY AND TOTALLY DISABLED
A person is permanently and totally disabled if he is so
certified as required below and is found by the Town Treasurer to
be unable to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment or deformity
which can be expected to result in death or can be expected to last
for the duration of such person's life.
A real estate tax exemption is provided for qualified property
owners who are not less than 70 years of age or determined to be permanently
and totally disabled as provided in this article and who are eligible
according to the terms of this article. Persons qualifying for exemption
are deemed to be bearing an extraordinary real estate tax burden in
relation to their income and financial worth.
The exemption shall be administered by the Town Treasurer according
to the general provisions contained in this section. The Town Treasurer
is hereby authorized and empowered to prescribe, adopt, promulgate
and enforce rules and regulations in conformity with the general provisions
of this article, including the requirements of answers under oath,
as may be reasonably necessary to determine qualifications for exemption
as specified by this section. The Town Treasurer may require the production
of certified tax returns and appraisal reports to establish income
or financial worth.
Exemption shall be granted to persons, subject to the following
provisions:
A. The title of the property for which exemption is claimed is held
or partially held on January 1 of the taxable year by the person claiming
exemption.
B. The person claiming exemption must, on December 31 of the year immediately
preceding the taxable year, be 70 years of age or older or be permanently
and totally disabled as provided in this article, and such disability
must be certified by the Social Security Administration, or if such
person is not eligible for social security, such person must provide
a sworn affidavit by two medical doctors licensed to practice medicine
in the state, to the effect that such person is permanently and totally
disabled, as defined in this article.
C. The dwelling on the property for which exemption is claimed must
be occupied as the sole dwelling of the person claiming exemption.
D. The total combined income during the immediately preceding calendar
year from all sources of the owner or owners of the dwelling living
therein, and of the owners' relatives living in the dwelling, shall
not exceed $10,000, provided that the first $2,000 of income of each
relative, other than spouse, of the owner or owners who is living
in the dwelling shall not be included in such total.
E. The net combined financial worth, including equitable interests,
as of the 31st day of December of the immediately preceding calendar
year, of the owners, and of the spouse of the owner, excluding the
value of the dwelling and the land, not exceeding one acre, upon which
it is situated shall not exceed the greatest value set forth in the
Range of Net Worth field of the Amount of Exemption table found in
this article, entitled "Amount of Exemption."
F. All Town delinquent tax fees and assessments must be paid in full
by the applicant before receiving real estate tax relief for the elderly
and disabled each tax year.
[Amended 3-19-2018]
Persons qualifying for and claiming the exemption shall be relieved
of that portion of the real estate tax levied on the qualifying dwelling
and the land, not exceeding one acre, upon which the qualified dwelling
is situated, in the amount calculated in accordance with the following
schedule:
Amount of Exemption
|
---|
|
Range of Net Worth
|
---|
Range of Income
|
$0 to $15,000
|
$15,001 to $20,000
|
$20,001 to $25,000
|
$25,001 to $30,000
|
---|
$0 to $6,500
|
80%
|
64%
|
56%
|
40%
|
$6,501 to $8,000
|
60%
|
48%
|
42%
|
30%
|
$8,001 to $9,500
|
40%
|
32%
|
28%
|
20%
|
$9,501 to $10,000
|
20%
|
16%
|
14%
|
10%
|
Over $10,000
|
0%
|
0%
|
0%
|
0%
|
[Amended 3-19-2018]
Sections 58.1-3219.5 through 58.1-3219.8 et seq., of the Virginia
Code, and any amendments adopted hereafter, are hereby adopted as
if more fully set forth herein. Persons qualifying for and claiming
the exemption shall be relieved of that portion of the real estate
tax levied on the qualifying dwelling and the land, not exceeding
one acre, upon which the qualified dwelling is situated.
Any person who shall falsely claim the exemption provided for
in this article shall pay to the Town Treasurer 110.0% of such exemption.
In addition, any person who shall falsely claim exemption provided
for in this article shall be guilty of a misdemeanor and shall be
punished by a fine not exceeding $1,000 or confinement in jail not
exceeding 30 days, either, or both.