[Adopted 5-1-1978 as Ch. 81 of the 1978 Code.]
A.
Real property in the Town of Clay 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,
shall be exempt from taxation by the Town to the extent of 50% of
the assessed valuation thereof. Such exemption shall be computed after
all other partial exemptions allowed by law have been subtracted from
the total amount assessed.
B.
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granted, shall not be rescinded by the Town solely because of the
death of the older spouse so long as the surviving spouse is at least
62 years of age.
No exemptions shall be granted:
A.
If the income of the owner or the combined income
of the owners of the property exceeds, for the income tax year immediately
preceding the date of making application for exemption, the sum established
by resolution of the Town Board. "Income tax year" shall mean a 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 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.
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.
[Amended 8-20-2001 by L.L. No. 1-2001]
(1)
All out-of-pocket medical and prescription drug expenses
actually paid which were not paid for by another party or reimbursed
by insurance shall be excluded from the definition of "income," for
the purpose of determining eligibility for the senior citizen partial
real property tax exemption. Proper application for partial tax exemption
for real property of senior citizens must be made with the Assessor
of the Town of Clay. Said exclusion shall take effect as of January
1, 1997.
(2)
Veterans disability compensation, as defined under
Title 38 of the United States Code, shall be excluded from the definition
of "income," for the purpose of determining eligibility for the senior
citizen partial real property tax exemption, pursuant to § 467
of New York State Real Property Tax Law. Proper application for partial
tax exemption for real property of senior citizens must be made with
the Assessor of the Town of Clay. Said exclusion shall take effect
January 1, 1998.
B.
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 12
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 12 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 12
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, and further provided that where a residence
is sold and replaced with another within one year and is in the same
assessment unit, 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.
[Amended 8-20-2001 by L.L. No. 1-2001]
C.
Unless the property is used exclusively for residential
purposes.
D.
Unless the 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.
The town shall notify or cause to be notified
each person owning residential real property in the town of the provisions
of this article. The provisions of this section 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. For information
please call or write . . ., " followed by the name, telephone number
and/or address of the person or department selected by the town to
explain the provisions of this article. Failure to notify or cause
to be notified any person who is, in fact, eligible to receive the
exemption provided by this article 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.
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 Assessor's office and
shall be filed in the Assessors' office on or before the taxable status
date of the town.
At least 60 days prior to the appropriate taxable
status date, the Town Assessors shall mail to each person who was
granted exemption pursuant to this article on the latest completed
assessment roll an application form and a notice that such application
must be filed on or before the taxable status date and be approved
in order for the exemption to be granted. Failure to mail any such
application form and notice 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.
Any conviction of having made any willful false
statements 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.
