[Adopted 6-22-1993 by Ord. No. 595 as
Secs. 21-61 to 21-65 of the 1993 Code; amended 8-24-1995 by Ord. No. 624; 10-10-1996 by Ord. No. 634]
[Amended 1-26-2004 by Ord. No. 744]
A.
Every person who, as of the date of assessment, is a citizen and resident of the Town, has attained the age of 65 years, is totally disabled, a veteran or nonveteran or is blind, as defined in § 227-25, and is the owner of real estate in the Town which he occupies wholly or partially as his dwelling, is hereby granted, on proper application being made therefor as provided in this section, a tax exemption in the form of a credit against the taxes assessed on such real property. The amount of the credit with respect to each such person shall be based on the annual income of such person under the following schedule:
[Amended 8-28-2006 by Ord. No. 772]
(1)
Sole-name taxpayer-owners with a gross income during the preceding calendar year in the amount of $27,225 or less, and taxpayers owning property jointly with a gross income of $36,775 or less during the preceding calendar year, who are 65 years of age or totally disabled or totally disabled veteran owners or blind, shall be eligible to share in a tax credit pool in a maximum total amount of $75,000. This total sum shall be apportioned pro rata, based on valuation and income as a credit against taxes among all Town taxpayers who meet the eligibility requirements set forth above in Subsection A of this section. Property value cannot be more than $338,000.
[Amended 6-9-2008 by Ord. No. 789; 9-12-2011 by Ord. No. 816]
(2)
The credit provided to low-income persons as set forth in Subsection A(1) of this section shall be in addition to any other exemption to which such person may be entitled, provided that such credit shall apply only to the net amount of taxes otherwise due from such person after application of all other exemptions to which he is entitled.
(3)
The total credit available to all low-income taxpayers
as set forth in this section who claim this credit shall not exceed
the total of $75,000 but may be in such lesser amount as may be set
by the Town Council annually. Those persons who qualify for this credit
shall receive the pro rata share of the $75,000 as a credit against
the net amount of taxes otherwise due as set forth in this section.
The amount of the credit shall be calculated each year by the Town
Assessor after the date for filing for such credits and before the
sending of the tax notices. The calculation of pro rata share will
be according to the following:
[Amended 6-9-2008 by Ord. No. 789]
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Tax Exemption for Aged and Handicapped
Based on Income Cap Fund Eligibility Computation
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|---|---|
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Persons in family or household of one, or persons
in family or household of two, shall be eligible for 70%, based on
180% of the federal income guideline; 50%, based on 200% of the federal
income guideline; and/or 30%, based on 250% of the federal income
guideline.
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B.
Filing of application; proof of right to exemption
of credit. No person shall be entitled to any exemption or credit
authorized in this section in any year without first filing an application
with the Tax Assessor on forms provided by the Assessor. Each application
shall be sworn to by the applicant under penalty of perjury. Proof
of age, ownership, occupancy, legal domicile, disability or income
shall be furnished in the following manner:
(1)
Proof of age. Age may be proved by furnishing to the
Assessor either a birth certificate, certificate of citizenship, baptismal
certificate, affidavit of a third party or by such means as may be
approved by the Town Council by ordinance.
(2)
Ownership. Ownership may be established by furnishing
the Tax Assessor with the date of purchase and land record citation
of the purchase of same by the applicant of the residential property
involved.
(3)
Occupancy. Occupancy of the residential property may
be proved by incorporating such fact in a sworn application for exemption.
(4)
Legal domicile. Legal domicile may be established
by the production of a voter's registration certificate, by the production
of a license to operate a motor vehicle, a registration certificate,
or by such other means as the Town Council may reasonably require.
(5)
Disability. Disability may be established by providing
the Tax Assessor with a signed and notarized statement by a licensed
physician declaring the applicant permanently, totally disabled or
blind.
(6)
Low income. Income may be established by providing
to the Tax Assessor copies of federal income tax returns for the year
preceding the application for the credit or, in lieu thereof, a sworn
affidavit stating that the person applying for the credit did not
file a state or federal income tax return for the year preceding,
and setting forth therein under oath and penalties of perjury the
income claims by that person. In addition, persons claiming this credit
may be required to provide to the Tax Assessor authorization to obtain
copies of the claimant's tax returns from federal or state authorities.
If the property which is the subject of the credit application is
in the name of more than one person, the tax returns of each person
whose name appears in the title or the appropriate affidavit must
be filed with the Tax Assessor.
(7)
Other forms of proof. An applicant may provide proof of right to exemption or credit if the specified means in Subsection B of this section are not available to him by furnishing military records, passports, certificate of citizenship or by such other evidence of proof as may be required by the Town Council.
C.
All exemptions or credits shall be terminated upon
the conveyance of the subject property, death of the person exempted
or claiming the credit, or the moving of such person from the Town
or, in the case of disability exemption, when the physical or mental
illness terminates.
The credit provided by § 227-12 shall be in addition to any other exemption to which such person may be entitled, provided that such credit shall apply only to the net amount of tax otherwise due from such person after application of all other exemptions to which he is entitled.
As used throughout this article, "income" shall
be deemed to include the aggregate income of such person making claim
for the credit allowed by this article and his spouse, provided such
spouse is residing with such person making claim for the credit, and
provided that income shall be computed on a calendar-year basis and
shall include all income of every nature and description, whether
or not taxable, and whether earned or unearned, and shall include
but not be limited to dividends, interest, gross rents, gains, gifts,
pensions, all types of compensation, and social security and veterans'
benefits.
Only one exemption in the form of a credit as
provided in this article shall be allowed with respect to any one
building, provided that such exemption shall be allowed for single-family
or multiple-family dwellings and other buildings so long as such person
making application for the credit allowed by this article resides
therein.
The exemption in the form of a credit as provided
in this article shall not be allowed unless the person otherwise entitled
thereto shall have presented to the Tax Assessor on or before March
15 of each year for which the exemption is sought an application for
such exemption and due evidence that he is entitled thereto, including
certified birth records, voter registration records, statement of
annual income sworn to or affirmed by the applicant before a person
qualified to administer oaths, and such other information as shall
be reasonably requested by the Tax Assessor to enable him to determine
whether such person qualifies under this article. Such information
pertaining to annual income shall be kept confidential by the Tax
Assessor.
