[Adopted 2-6-2018 by L.L. No. 2-2018]
The purpose of this article is to provide for a real property tax exemption from Village of Phoenix real property taxes for Cold War veterans, pursuant to New York Real Property Tax Law § 458-b.
In this article:
- ACTIVE DUTY
- Full-time duty in the United States armed forces, other than active duty for training.
- ARMED FORCES
- The United States Army, Navy, Marine Corps, Air Force and Coast Guard.
- COLD WAR VETERAN
- A person, male or female, who served on active duty in the United States armed forces during the time period from September 2, 1945, to December 26, 1991, and was discharged or released therefrom under honorable conditions.
- LATEST STATE EQUALIZATION RATE
- The latest final equalization rate established by the State Board of Real Property Services pursuant to Article 12 of the Real Property Tax Law.
- QUALIFIED OWNER
- A Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
- QUALIFIED RESIDENTIAL REAL PROPERTY
- Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this article. Such property shall be the primary residence of the Cold War veteran or the unmarried surviving spouse of a Cold War veteran unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or instutionalization.
- With respect to a disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service.
Pursuant to § 485-b of the New York State Real Property Tax Law, the maximum Cold War veteran exemption from real property taxes is established as follows:
Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $36,000 or the product of $36,000 multiplied by the latest state equalization rate of the assessing unit, whichever is less.
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 disability rating; provided, however, that such exemption shall not exceed $120,000 or the product of $120,000 multiplied by the latest state equalization rate for the assessing unit, whichever is less.
The exemption from taxation provided by this article shall not be applicable to real property taxes levied or relevied for school purposes.
If the Cold War veteran receives the exemption pursuant to § 458 of the Real Property Tax Law or § 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption under this article.
The exemption provided by Subsection A of § 177-28 shall be granted for a period of 10 years. The commencement of such ten-year period being governed pursuant to this subsection. Where a qualified owner owns qualifying residential real property on the effective date of this article, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this article. Where a qualified owner does not own qualifying residential real property on the effective date of this article, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least 60 days after the date of the purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the date of purchase of residential property, such ten-year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten-year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to Subsection A of § 177-28 for the unexpired portion of this ten-year exemption period.
Application for the exemption shall be made by the owners, or all of the owners, of the property on a form prescribed by the State Board of Real Property Services. The owner or owners shall file the completed form in the assessor's office on or before the first appropriate taxable status date. The exemption shall continue in full force and effect for all appropriate subsequent tax years and the owner or owners of the property shall not be required to refile each year. Applicants shall be required to refile on or before the appropriate taxable status date if the percentage of disability percentage increases or decreases or may refile if other changes have occurred which affect qualification for an increased or decreased amount of exemption. Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to penalties prescribed in the penal law.