[Adopted 8-8-1974 as Ch. 59, Art.
I, of the 1974 Code]
The purpose of this article is to grant a partial
exemption from taxation to the extent of 50% of the assessed valuation
of real property which is owned by certain persons with limited income
who are 65 years of age or over and who meet the requirements set
forth in § 467 of the Real Property Tax Law.
Real property owned by persons 65 years of age
or over shall be exempt from Town taxes to the extent of 50% of the
assessed valuation, subject to the following conditions:
A.
The owner or all of the owners must file an application
annually in the Assessor's office at least 90 days before the day
for filing the final assessment roll or such other time as may be
hereafter fixed by law.
B.
The income
of the owner or the combined income of the owners must not exceed
$43,399.99 for the income tax year immediately preceding the date
the application was filed. "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 the wife, their combined
income may not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, total gain from the
sale or exchange of the capital assets, which may be offset by a loss
from the sale or exchange of a capital asset, in the same income tax
year, net income from rental, salary or earnings, and net income from
self-employment, but shall not include a return of capital, gifts
or inheritances. In computing net rental income and net income from
self-employment, no depreciation deduction shall be allowed for the
exhaustion, wear and tear of real or personal property held for the
production of income. However, if the income of an eligible property
owner or the combined income of the owners of the property is not
greater than $43,399.99, then said owner shall be entitled to a partial
exemption pursuant to the following schedule:
|
Annual Income
|
Percentage of Assessed Valuation Exempt from Taxation
|
|---|---|
|
$35,000 or less
|
50%
|
|
$35,000 to $35,999
|
45%
|
|
$36,000 to $36,999
|
40%
|
|
$37,000 to $37,999
|
35%
|
|
$38,000 to $38,899
|
30%
|
|
$38,900 to $39,799
|
25%
|
|
$39,800 to $40,699
|
20%
|
|
$40,700 to $41,599
|
15%
|
|
$41,600 to $42,499
|
10%
|
|
$42,500 to $43,399
|
5%
|
|
$43,400 or more
|
0%
|
C.
Title to the property must be vested in the owner
or, if more than one, in one of the owners, for at least 12 consecutive
months prior to the date that the application is filed.
[Amended 3-27-1975 by L.L. No. 3-1975; 6-14-2001 by L.L. No. 3-2001]
D.
The property must be used exclusively for residential
purposes, be occupied in whole or in part by the owners and constitute
the legal residence of the owners.
