[Adopted 12-8-1966 by L.L. No. 6-1966; amended in its entirety 12-8-1983 by L.L. No. 22-1983]
Effective as hereinafter provided, there shall
be an exemption from taxation for general Town purposes to the extent
of 50% of the assessed valuation of real property owned by one or
more persons, each of whom is 65 years of age or over, or real property
owned by husband and wife, one of whom is 65 years of age or over,
upon the following terms or conditions:
A.
No exemption shall be granted pursuant to this section:
(1)
If the income of the owner or the combined income
of the owners of the property for the income tax year immediately
preceding the date of making application for exemption exceeds: the
sum of $26,000 for an exemption on the 2007 assessment roll; the sum
of $27,000 for an exemption on the 2008 assessment roll; the sum of
$28,000 for an exemption on the 2009 assessment roll; or the sum of
$29,000 for an exemption on the 2010 assessment roll. "Income tax
year" shall mean the twelve-month period for which the owner or owners
filed a federal personal income tax return or, if no such return is
filed, the calendar year. Where title is vested in either the husband
or wife, their combined income may not exceed such sum, except where
the husband or wife, or ex-husband or ex-wife, is absent from the
property as provided in Subparagraph (ii) of Paragraph (d) of Subdivision
3 of § 467 of the Real Property Tax Law, then only the income
of the spouse or ex-spouse residing on the property shall be considered
and may not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, total gain from the
sale or exchange of a capital asset which may be offset by a loss
from the sale or exchange of a capital asset in the same income tax
year, net rental income, salary or earnings and net income from self-employment,
but shall not include a return of capital, gifts or inheritances or
monies earned through employment in the Federal Foster Grandparent
Program. In computing net rental income and net income from self-employment,
no depreciation deduction shall be allowed for the exhaustion or wear
and tear of real or personal property held for the production of income.
[Last amended 11-9-2006 by L.L. No. 12-2006]
(2)
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 24
consecutive months prior to the date of making application for exemption;
provided, however, that in the event of the death of either a husband
or wife in whose name title of the property shall have been vested
at the time of death and then becomes vested solely in the survivor
by virtue of devise by or descent from the deceased husband or wife,
the time of ownership of the property by the deceased husband or wife
shall be deemed also a time of ownership by the survivor, and such
ownership shall be deemed continuous for the purposes of computing
such period of 24 consecutive months; provided, further, that in the
event of a transfer by either a husband or wife to the other spouse
of all or part of the title to the property the time of ownership
of the property by the transferor spouse shall be deemed also a time
of ownership by the transferee spouse, and such ownership shall be
deemed continuous for the purposes of computing such period of 24
consecutive months, and provided, further, that where property of
the owner or owners has been acquired to replace property formerly
owned by such owner or owners and taken by eminent domain or other
involuntary proceeding, except a tax sale, the period of ownership
of the former property shall be combined with the period of ownership
of the property for which application is made for exemption, and such
periods of ownership shall be deemed to be consecutive for purposes
of this section. Where a residence is sold and replaced with another
within one year and is in the same assessing unit or municipality,
the period of ownership of the replacement residence and deemed consecutive
for exemption from taxation by each such assessing unit or municipality.
Notwithstanding any other provision of law, where a residence is sold
and replaced with another within one year and both residences are
within the state, the period of ownership of both properties shall
be deemed consecutive for purposes of the exemption from taxation
by a municipality within the state granting such exemption.
(3)
Unless the property is used exclusively for residential
purposes.
(4)
Unless the real property is the legal residence of
and is occupied, in whole or in part, by the owner or by all of the
owners of the property.
B.
The Town of Colonie shall notify, or cause to be notified,
each person owning residential real property in said Town of the provisions
of this section. The provisions of this subsection may be met by a
notice or legend sent on or with each tax bill to such persons reading
"You may be eligible for senior citizen tax exemptions. Senior citizens
have until month ..... day .... year .... to apply for such exemptions.
For information please call or write .....," followed by the name,
telephone number and/or address of a person or department of the Town
of Colonie. Failure to notify or cause to be notified any person who
is, in fact, eligible to receive the exemption provided by this section
or the failure of such person to receive the same shall not prevent
the levy, collection and enforcement of the payment of the taxes on
property owned by such person.
C.
Application for such exemption must be made by the
owner or all of the owners of the property on forms prescribed by
the State Board to be furnished by the Town of Colonie, and shall
furnish the information and be executed in the manner required or
prescribed in such forms and shall be filed in such Assessor's office
on or before the appropriate taxable status date. Notwithstanding
any other provision of law, any person otherwise qualifying under
this section shall not be denied the exemption under this section
if he becomes 65 years of age after the appropriate taxable status
date and before December 31 of the same year.
[Amended 11-16-1989 by L.L. No. 12-1989]
D.
At least 60 days prior to the appropriate taxable
status date, the Town of Colonie shall mail to each person who was
granted exemption pursuant to this section on the latest completed
assessment roll an application form and a notice that such application
must be filed on or before taxable status date and be approved in
order for the exemption to be granted. The Town of Colonie shall,
within three days of the completion and filing of the tentative assessment
roll, notify by mail any applicant who has included with his application
at least one self-addressed, prepaid envelope, of the approval or
denial of the application; provided, however, that the Town of Colonie
shall, upon the receipt and filing of the application, send by mail
notification of receipt to any applicant who has included two of such
envelopes with the application. Where an applicant is entitled to
a notice of denial pursuant to this subsection, such notice shall
be on a form prescribed by the State Board and shall state the reasons
for such denial and shall further state that the applicant may have
such determination reviewed in the manner provided by law. Failure
to mail any such application form or notices or the failure of such
person to receive any of the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on property owned by such
person.
E.
Any conviction of having made any willful false statement
in the application for such exemption shall be punishable by a fine
of not more than $100 and shall disqualify the applicant or applicants
from further exemption for a period of five years.
F.
The real property tax exemption on real property owned
by a husband and wife, one of whom is 65 years of age or over, once
granted, shall not be rescinded by the Town of Colonie solely because
of the death of the older spouse so long as the surviving spouse is
at least 62 years of age.
G.
The Town of Colonie shall accept applications for
renewal of exemptions pursuant to this section after the taxable status
date. In the event that the owner or all of the owners of property
which has received an exemption pursuant to this section on the preceding
assessment roll fail to file the application required pursuant to
this section on or before taxable status date, such owner or owners
may file the application, executed as if such application has been
filed on or before the taxable status date, with the Assessor on or
before the date for the hearing of complaints.
[Added 12-6-1984 by L.L. No. 11-1984]
[Last amended 11-9-2006 by L.L. No. 12-2006]
Effective as hereinafter provided, there shall
be an exemption from taxation for general Town purposes on real property
owned by one or more persons, each of whom is 65 years of age or over,
or real property owned by husband and wife, one of whom is 65 years
of age or over, to the extent of the percentage of assessed valuation
provided in the following schedule, determined by the maximum income
exemption eligibility level also provided in the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
More than $24,000 but less than $25,000
|
45%
|
|
More than $25,000 but less than $26,000
|
40%
|
|
More than $26,000 but less than $27,000
|
35%
|
|
More than $27,000 but less than $27,900
|
30%
|
|
More than $27,900 but less than $28,800
|
25%
|
|
More than $28,800 but less than $29,700
|
20%
|
|
More than $29,700 but less than $30,600
|
15%
|
|
More than $30,600 but less than $31,500
|
10%
|
|
More than $31,500 but less than $32,400
|
5%
|
|
2007 Exemption
| |
|---|---|
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|
$26,000 or less
|
50%
|
|
More than $26,000 but less than $27,000
|
45%
|
|
More than $27,000 but less than $28,000
|
40%
|
|
More than $28,000 but less than $29,000
|
35%
|
|
More than $29,000 but less than $29,900
|
30%
|
|
More than $29,900 but less than $30,800
|
25%
|
|
More than $30,800 but less than $31,700
|
20%
|
|
More than $31,700 but less than $32,600
|
15%
|
|
More than $32,600 but less than $33,500
|
10%
|
|
More than $33,500 but less than $34,400
|
5%
|
|
2008 Exemption
| |
|---|---|
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|
$27,000 or less
|
50%
|
|
More than $27,000 but less than $28,000
|
45%
|
|
$28,000 or more but less than $29,000
|
40%
|
|
$29,000 or more but less than $30,000
|
35%
|
|
$30,000 or more but less than $30,900
|
30%
|
|
$30,900 or more but less than $31,800
|
25%
|
|
$31,800 or more but less than $32,700
|
20%
|
|
$32,700 or more but less than $33,600
|
15%
|
|
$33,600 or more but less than $34,500
|
10%
|
|
$34,500 or more but less than $35,400
|
5%
|
|
2009 Exemption
| |
|---|---|
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|
$28,000 or less
|
50%
|
|
More than $28,000 but less than $29,000
|
45%
|
|
$29,000 or more but less than $30,000
|
40%
|
|
$30,000 or more but less than $31,000
|
35%
|
|
$31,000 or more but less than $31,900
|
30%
|
|
$31,900 or more but less than $32,800
|
25%
|
|
$32,800 or more but less than $33,700
|
20%
|
|
$33,700 or more but less than $34,600
|
15%
|
|
$34,600 or more but less than $35,500
|
10%
|
|
$35,500 or more but less than $36,400
|
5%
|
|
2010 Exemption
| |
|---|---|
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|
$29,000 or less
|
50%
|
|
More than $29,000 but less than $30,000
|
45%
|
|
$30,000 or more but less than $31,000
|
40%
|
|
$31,000 or more but less than $32,000
|
35%
|
|
$32,000 or more but less than $32,900
|
30%
|
|
$32,900 or more but less than $33,800
|
25%
|
|
$33,800 or more but less than $34,700
|
20%
|
|
$34,700 or more but less than $35,600
|
15%
|
|
$35,600 or more but less than $36,500
|
10%
|
|
$36,500 or more but less than $37,400
|
5%
|
A.
No exemption shall be granted pursuant to this section:
(1)
If the income of the owner or the combined income
of the owners of the property for the income tax year immediately
preceding the date of making application for exemption exceeds: the
sum of $33,399.99 for an exemption on the 2007 assessment roll; the
sum of $34,399.99 for an exemption on the 2008 assessment roll; the
sum of $35,399.99 for an exemption on the 2009 assessment roll; and
the sum of $36,399.99 for an exemption on the 2010 assessment roll.
"Income tax year" shall mean the twelve-month period for which the
owner or owners filed a federal personal income tax return or, if
no such return is filed, the calendar year. Where title is vested
in either the husband or wife, their combined income may not exceed
such sum, except where the husband or wife, or ex-husband or ex-wife,
is absent from the property as provided in Subparagraph (ii) of Paragraph
(d) of Subdivision 3 of § 467 of the Real Property Tax Law,
then only the income of the spouse or ex-spouse residing on the property
shall be considered and may not exceed such sum. Such income shall
include social security and retirement benefits, interest, dividends,
total gain from the sale or exchange of a capital asset which may
be offset by a loss from the sale or exchange of a capital asset in
the same income tax year, net rental income, salary or earnings and
net income from self-employment, but shall not include a return of
capital, gifts or inheritances or monies earned through employment
in the Federal Foster Grandparent Program, or medical and prescription
drug expenses actually paid which were not reimbursed or paid for
by insurance. In computing net rental income and net income from self-employment,
no depreciation deduction shall be allowed for the exhaustion or wear
and tear of real or personal property held for the production of income.
(2)
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 24
consecutive months prior to the date of making application for exemption;
provided, however, that in the event of the death of either a husband
or wife in whose name title of the property shall have been vested
at the time of death and then becomes vested solely in the survivor
by virtue of devise by or decent from the deceased husband or wife,
the time of ownership of the property by the deceased husband or wife
shall be deemed also a time of ownership by the survivor, and such
ownership shall be deemed continuous for the purposes of computing
such period of 24 consecutive months, provided, further, that in the
event of a transfer by either a husband or wife to the other spouse
of all or part of the title to the property, the time of ownership
of the property by the transferor spouse shall be deemed also a time
of ownership by the transferee spouse, and such ownership shall be
deemed continuous for the purposes of computing such period of 24
consecutive months, and provided, further, that where property of
the owner or owners has been acquired to replace property formerly
owned by such owner or owners and taken by eminent domain or other
involuntary proceeding, except a tax sale, the period of ownership
of the former property shall be combined with the period of ownership
of the property for which application is made for exemption, and such
periods of ownership shall be deemed to be consecutive for purposes
of this section. Where a residence is sold and replaced with another
within one year and is in the same assessing unit or municipality,
the period of ownership of the former property shall be combined with
the period of ownership of the replacement residence and deemed consecutive
for exemption from taxation by each such assessing unit or municipality.
Notwithstanding any other provision of law, where a residence is sold
and replaced with another within one year and both residences are
within the state, the period of ownership of both properties shall
be deemed consecutive for purposes of the exemption from taxation
by a municipality within the state granting such exemption.
(3)
Unless the property is used exclusively for residential
purposes.
(4)
Unless the real property is the legal residence and
is occupied, in whole or in part, by the owner or by all of the owners
of the property.
B.
Application for such exemption must be made by the
owner or all of the owners of the property on forms prescribed by
the State Board to be furnished by the Town of Colonie and shall furnish
the information and be executed in the manner required or prescribed
in such forms and shall be filed in the Town of Colonie Assessor's
office on or before the appropriate taxable status date. Notwithstanding
any other provision of law, any person otherwise qualifying under
this section shall not be denied the exemption under this section
if he becomes 65 years of age after the appropriate taxable status
date and before December 31 of the same year.
C.
At least 60 days prior to the appropriate taxable
status date, the Town of Colonie shall mail to each person who was
granted exemption pursuant to this section on the latest completed
assessment roll an application form and a notice that such application
must be filed on or before taxable status date and be approved in
order for the exemption to be granted. The Town of Colonie shall,
within three days of the completion and filing of the tentative assessment
roll, notify by mail any applicant who has included with his application
at least one self-addressed, prepaid envelope, of the approval or
denial of the application; provided, however, that the Town of Colonie
shall, upon the receipt and filing of the application, send by mail
notification of receipt to any applicant who has included two of such
envelopes with the application. Where an application is entitled to
a notice of denial pursuant to this subdivision, such notice shall
be on a form prescribed by the State Board and shall state the reasons
for such denial and shall further state that the applicant may have
such determination reviewed in the manner provided by law. Failure
to mail any such application form or notices or the failure of such
person to receive any of the same shall not prevent the levy, collection
and enforcement of the payment of the taxes on property owned by such
person.
D.
Penalty for false statement; collection of erroneous
exemption; payment of fines.
(1)
Any conviction of having made any willful false statement
in the application for such exemption shall be punishable by a fine
of not more than $100 and shall disqualify the applicant or applicants
from further exemption for a period of five years.
(2)
Notwithstanding any inconsistent provisions of the
New York State Real Property Tax law, the collection of any amount
of tax erroneously exempted due to an incorrect statement in an application
for exemption shall be enforceable in the same manner provided for
the collection of delinquent taxes pursuant to the provisions of Article
10 of the New York State Real Property Tax Law.[1]
[1]
Editor's Note: Article 10 of the New York
State Real Property Tax Law was repealed by L. 1993, c. 602.
E.
The real property tax exemption on real property owned
by husband and wife, one of whom is 65 years of age or over, once
granted, shall not be rescinded by the Town of Colonie solely because
of the death of the older spouse so long as the surviving spouse is
at least 62 years of age.
F.
The Town of Colonie shall accept applications for
renewal of exemptions pursuant to this section after the taxable status
date. In the event that the owner or all of the owners of property
which has received an exemption pursuant to this section on the preceding
assessment roll fail to file the application required pursuant to
this section on or before the taxable status date, such owner or owners
may file the application, executed as if such application had been
filed on or before the taxable status date, with the Assessor on or
before the date for the hearing of complaints.
