[Adopted 4-9-2007 by Ord. No. 2007-4]
The Town Council of the Town of Johnston finds that senior and disabled citizens and disabled veterans of the Town are in need of relief from ever-increasing real estate property taxes. Consequently, the Town Council adopts the Senior and Disabled Citizens and Disabled Veterans Tax Deferment Program to ease the financial strain placed upon certain senior citizens and disabled veterans.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:
- ADJUSTED GROSS INCOME (AGI)
- That income reported to the Internal Revenue Service as adjusted gross income (AGI) for income tax purposes.
- DISABLED CITIZEN
- A Johnston resident who has been determined to be totally disabled by the United States Social Security Administration.
- DISABLED VETERAN
- A Johnston resident who has been determined to be a totally disabled veteran by the United States Veterans' Administration.
- PRIMARY RESIDENCE
- A developed parcel of real estate consisting of a single-family residential dwelling used as a primary residence.
- SENIOR CITIZEN
- A Johnston resident who is 65 years of age or older.
A person is eligible for the Senior and Disabled Citizens and Disabled Veterans Tax Deferment Program if that person:
A senior citizen, a disabled citizen or a disabled veteran must file annually a form to be provided by the Tax Assessor on or before April 15. Along with that form, the senior citizen, disabled citizen or disabled veteran shall provide proof of identity by presenting a driver's license or birth certificate with one other form of identity.
In addition, the senior citizen, disabled citizen or disabled veteran shall also present a copy of his/her federal tax return on or before April 15 annually.
A copy of a deed to the property shall also be presented establishing that the property is held in fee simple by the senior citizen or disabled veteran or his/her revocable living trust. A primary residence not held in fee simple or in a revocable living trust shall not be eligible for a deferment.
A qualified senior citizen, disabled citizen or disabled veteran shall be granted on an annual basis the deferment of any tax increase for the year not to exceed 3.5% per annum.
The collection of those taxes so deferred shall be deferred until the sale of the primary residence by the qualified senior citizen, disabled citizen or disabled veteran or upon his/her death.
A lien or similar certificate shall be filed in the land evidence records indicating that the primary residence of the qualified senior citizen, disabled citizen or disabled veteran is in the deferred tax program. The office of the Tax Collector shall maintain an annual list of qualified senior citizens' or disabled veterans' properties and the amounts due thereon.