[Adopted 2-25-1997 by L.L. No. 1-1997]
[Amended 2-13-2003 by L.L. No. 3-2003[1]]
Pursuant to the provisions of Real Property
Tax Law § 458-a, Subdivision 2(d)(ii), the maximum alternative
veterans' exemption applicable to general real property taxes imposed
by the Town of East Fishkill is established as set forth herein. As
required by law, this exemption does not apply to school taxes, special
ad valorem levies or special assessments.
A.
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 $75,000 or
the product of $75,000 multiplied by the latest state equalization
rate for the assessing unit, or in the case of a special assessing
unit, the latest class ratio, whichever is less.
[Amended 3-24-2022 by L.L. No. 4-2022]
B.
In addition to the exemption provided by Subsection A of this section, where the veteran served in a combat theater or combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, qualifying residential real property also 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 $50,000; or the product of $50,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the class ratio, whichever is less.
[Amended 3-24-2022 by L.L. No. 4-2022]
C.
In addition to the exemptions provided by Subsections A and B of this section, where the veteran received a compensation rating from the United States veteran's administration 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 veteran's disability rating; provided, however, that such exemption shall not exceed $250,000 or the product of $250,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less. For purposes of this subsection, where a person who served in the active military, naval or air service during a period of war died in service of a service connected disability, such person shall be deemed to have been assigned a compensation rating of 100%.
[Amended 3-24-2022 by L.L. No. 4-2022]
D.
The exemptions shall be governed by the terms of Real Property Tax Law § 458-a, and all terms shall have the meaning set forth in that section. For purposes of the exemptions set forth in Subsections A and B above, a parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war (a "Gold Star Parent") shall also be considered a "qualified owner," and property owned by such Gold Star Parent and constituting the primary residence of such Gold Star Parent shall be included in the definition of "qualifying residential real property."
E.
Applications for this alternative veteran's exemption
must be made by the owner, or all of the owners, of the property on
a form prescribed by the State Board. The completed form must be filed
in the Assessor's office on or before the 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, unless the percentage of
disability percentage increases or decreases during such year, in
which case a new application must be filed. Any applicant convicted
of making any willful false statement in the application for such
exemption shall be subject to the penalties prescribed in the Penal
Law.
[1]
This local law stated that it would become
effective 3-1-2003.
