[Adopted 2-11-2008 by L.L. No. 1-2008]
The purpose of this article is to allow for a tax exemption for Town of Fort Edward Cold War veterans allowable pursuant to § 458-b of the Real Property Tax Law of the State of New York, which was created by Chapter 655 of the Laws of the State of New York for the year 2007.
Definitions as used in this article follow:
- ACTIVE DUTY
- Full-time duty in the United Sates 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 for a period of more than 365 days in the United States Armed Forces during the time period from September 2, 1945 to December 26, 1991, was discharged or released there from under honorable conditions and has been awarded the Cold War Recognition Certificate as authorized under Public Law 105-85, the 1998 National Defense Authorization Act.
- LATEST STATE EQUALIZATION RATE
- The latest final equalization rate established by the State Board 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 unremarried 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 institutionalization for up to five years.
- SERVICE CONNECTED
- With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval, or air service.
Pursuant to the provisions of Chapter 655 of the 2007 Laws of the State of New York amending the Real Property Tax Law of the State of New York, the maximum veteran's exemption from real property taxes allowable pursuant to § 458-b of the Real Property Tax Law is established as follows:
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 the lesser of $8,000 or $8,000 multiplied by the latest state equalization rate for the Town of Fort Edward.
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 $40,000, or the product of $40,000 multiplied by the latest state equalization rate for the Town of Fort Edward, whichever is less.
The exemption from taxation provided by this article shall not be applicable to taxes levied for school purposes.
If the 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.
The exemption provided in this article 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 12-13-2017 by L.L. No. 1-2017]
Application for exemption shall be made by the owner, or all of the owners of the property on a form prescribed by the State Board. 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 statements in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law.
This article shall take effect immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.