[Adopted 7-10-1990 by L.L. No. 19-1990; amended in its entirety 7-24-1990 by L.L. No. 22-1990]
[Last amended 2-14-2023 by L.L. No. 7-2023]
A.
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, shall be exempt
from taxation by the Town of Southampton to the extent of 50% based
upon an annual income of no more than $50,000 and thereafter at the
percentage of assessed valuation thereof as determined by the following
schedule pursuant to the provisions of § 467 of the Real
Property Tax Law, as amended.
|
Annual Income
|
Percentage of Assessed Valuation Exempt
From Taxation
|
|---|---|
|
Up to $50,000
|
50%
|
|
$50,001 up to $51,000
|
45%
|
|
$51,001 up to $52,000
|
40%
|
|
$52,001 up to $53,000
|
35%
|
|
$53,001 up to $53,900
|
30%
|
|
$53,901 up to $54,800
|
25%
|
|
$54,801 up to $55,700
|
20%
|
|
$55,701 up to $56,500
|
15%
|
|
$56,601 up to $57,500
|
10%
|
|
$57,501 up to $58,400
|
5%
|
B.
Any exemption provided by this section shall be computed
after all partial exemptions allowed by law have been substituted
from the total amount assessed.
C.
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granted shall not be rescinded solely because of the death of the
older spouse, so long as the surviving spouse is at least 62 years
of age.
D.
The term
income, as used herein, shall mean the "adjusted gross income" for
federal income tax purposes as reported on the applicant’s federal
or state income tax return for the applicable income tax year, subject
to any subsequent amendments or revisions, plus any social security
benefits not included in such federal adjusted gross income; provided
that if no such return was filed for the applicable income tax year,
the applicant’s income shall be determined based on the amounts
that would have so been reported if such a return had been filed;
and provided further, that when determining income for exemption purposes,
the following conditions shall be applicable:
[Amended 12-21-2023 by L.L. No. 42-2023]
(1)
Any
social security benefits not included in the applicant’s federal
adjusted gross income shall be considered income;
(2)
Distributions
received from an individual retirement account or annuity that were
included in the applicant’s federal adjusted gross income shall
not be considered income;
(3)
The
applicant's income shall be offset by all medical and prescription
drug expenses actually paid that were not reimbursed or paid for by
insurance; and
(4)
Any
tax-exempt interest or dividends that were excluded from the applicant’s
federal adjusted gross income shall be considered income.
(5)
The
net amount of losses on Schedule C, D, and E shall not exceed $3,000,
and the net losses of any other category shall not exceed $3,000.
The total amount of losses may not exceed $15,000.
E.
The Town
hereby ratifies and reaffirms all previous resolutions, rules, regulations
and/or ordinances adopted in accordance with Real Property Tax Law
§ 467, with respect to the income limitations for qualification
for the exemption.
[Added 12-21-2023 by L.L.
No. 42-2023]
Exemption from taxation for school purposes
shall not be granted in the case of real property where a child resides
if such child attends a public school within the school district.
[Last amended 2-14-2023 by L.L. No. 7-2023]
A.
No exemption shall be granted 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 is $58,400 or more as may be provided by § 298-13A of this chapter. "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 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 or wear and tear of real or personal property held for the production of income.
B.
No exemption shall be granted 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. 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. 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 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. Where
the owner or owners transfer title to property which, as of the date
of transfer, was exempt from taxation under the provisions of this
section, the reacquisition of title by such owner or owners within
nine months of the date of transfer shall be deemed to satisfy the
requirement of this subsection that the title of the property shall
have been vested in the owner or one of the owners for such a period
of 24 consecutive months. Where, upon or subsequent to the death of
an owner or owners, title to property which as of the date of such
death was exempt from taxation under such provisions becomes vested,
by virtue of devise or descent from the deceased owner or owners or
by transfer by any other means within nine months after such death,
solely in a person or persons who, at the time of such death, maintained
such property as a primary residence, the requirement of this subsection
that the title of the property shall have been vested in the owner
or one of the owners for such period of 24 consecutive months shall
be deemed satisfied.
C.
No exemption shall be granted unless the property
is used exclusively for residential purposes; provided, however, that
in the event that any portion of such property is not so used exclusively
for residential purposes but is used for other purposes, such portion
shall be subject to taxation and the remaining portion only shall
be entitled to the exemption provided by this section.
D.
No exemption shall be granted 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, provided that an owner
who is absent while receiving health-related care as an inpatient
of a residential health-care facility, as defined in § 2801
of the Public Health Law, shall be deemed to remain a legal resident
and an occupant of the property while so confined, and income accruing
to that person shall be income only to the extent that it exceeds
the amount paid by such owner, spouse or co-owner for care in the
facility, and provided further that during such confinement such property
is not occupied by other than the spouse or co-owner of such owner.
[Amended 11-24-1992 by L.L. No. 48-1992]
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 appropriate assessing authority,
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 taxable status date (March 1). 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.
A.
At least 60 days prior to the appropriate taxable
status date, the assessing authority 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 assessing authority 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 assessing authority
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.
B.
Any person who has been granted exemption pursuant to this section of five consecutive completed assessment rolls shall not be subject to the requirements set forth in Subsection A of this section. However, said person shall be mailed an application form and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person a sworn affidavit must be included with such which shall state that such person continues to be eligible for such exemption. Such affidavit shall be on a form prescribed by the State Board. If such affidavit is not included with the tax payment, the collecting officer shall proceed pursuant to § 551 of the Real Property Tax Law.
C.
Notwithstanding any provision of law to the contrary, where a renewal
application for the exemption authorized by this section has not been
filed on or before the taxable status date, and the owner or owners
believe that good cause exists for the failure to file the renewal
application by said date, the owner or owners may, no later than the
last day for paying taxes without incurring interest or penalty, submit
a written request to the Assessor asking her or him to extend the
filing deadline and grant the exemption. Such request shall contain
an explanation of why the deadline was missed and shall be accompanied
by a renewal application reflecting the facts and circumstances as
they existed on the taxable status date. The Assessor may extend the
filing deadline and grant the exemption if she or he is satisfied
that good cause existed for the failure to file the renewal application
by the taxable status date, and the applicant is otherwise entitled
to the exemption. The Assessor shall mail notice of her or his determination
to the owner/owners. If the determination states that the Assessor
has granted the exemption, she or he shall thereupon be authorized
and directed to correct the assessment roll accordingly or, if another
person has custody or control of the assessment roll, to direct that
person to make the appropriate corrections. If the correction is not
made before taxes are levied, the failure to take the exemption into
account in the computation of the tax roll shall be deemed a "clerical
error" pursuant to Real Property Tax Law § 467 and shall
be corrected accordingly.
[Added 12-27-2016 by L.L.
No. 16-2016]
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.
