Bill S5010-2011

Authorizes assessor of taxing municipality to accept late application for veterans exemption from real property taxes in certain cases

Authorizes assessor of taxing municipality to accept late application for veterans exemption from real property taxes if veteran has sold a property that was exempt, the application is made prior to first day of new tax year and the property subject to taxation is a qualifying residential real property.

Details

Actions

  • May 22, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Jun 24, 2011: COMMITTED TO RULES
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.758
  • May 2, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 17, 2011
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 22, 2012
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino

Memo

BILL NUMBER:S5010

TITLE OF BILL:

An act to amend the real property tax law, in relation to application for certain veterans exemptions from real property taxes

PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes assessor of taxing municipality to accept late application for veterans' exemption from real property taxes in certain cases.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the real property tax law is amended by adding a new section 458-c.

JUSTIFICATION:

As the law is written today, if a veteran buys a new home after the municipality's taxable status date, that veteran must reapply for the exemption, but it will not take effect until the following year.

Many veterans are also senior citizens who live on fixed incomes. Many veterans also own their own homes so taxes are paid out of pocket instead of an escrow account. The sudden loss of their tax deduction, which may be as high as 26%, can place a substantial financial strain on veterans and their families. Easing the financial burden, not compounding it, was the intent of the legislation granting veterans a property tax deduction.

Veterans were awarded, by the legislature, an exemption on their local property taxes. Our veterans, especially those who were wounded, earned this deduction through their faithful service to the nation.

PRIOR LEGISLATIVE HISTORY:

2009-10 A.5728 held for consideration in veterans' affairs 2007-08 A.140 held for consideration in veterans' affairs 2005-06 A.6805 held for consideration in veterans' affairs 2003-04 A.4375 2001-02 A.4488 1999-00 A.9811

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5010 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the real property tax law, in relation to application for certain veterans exemptions from real property taxes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 458-c to read as follows: S 458-C. APPLICATION FOR CERTAIN VETERANS EXEMPTIONS. 1. NOTWITH- STANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE ASSESSOR OF ANY TAXING MUNICIPALITY SHALL ACCEPT AN APPLICATION FOR A VETERANS EXEMPTION PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT OR FOUR HUNDRED FIFTY-EIGHT-A OF THIS TITLE AFTER THE LAST DATE FOR FILING SUCH EXEMPTION FOR THE FOLLOWING TAX YEAR WHENEVER THE FACTS SET FORTH BELOW CAN BE SHOWN: (A) THE VETERAN HAS SOLD HIS OR HER RESIDENCE WITHIN THE CURRENT TAX YEAR AND HAD BEEN GRANTED AN EXEMPTION FOR THAT RESIDENCE; (B) THE VETERAN MAKES APPLICATION FOR THE NEW EXEMPTION PRIOR TO THE FIRST DAY OF THE FOLLOWING TAX YEAR; AND (C) THE PROPERTY SUBJECT TO TAXATION IS A "QUALIFYING RESIDENTIAL REAL PROPERTY" AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THIS TITLE. 2. IF THE MUNICIPAL COLLECTING OFFICER IS NOTIFIED OF THE NEW EXEMPTION PRIOR TO PAYMENT OF THE TAXES, HE SHALL ADJUST THE TAX LIABIL- ITY OF THE PARCEL ACCORDINGLY. IF THE COLLECTING OFFICER RECEIVES SUCH NOTIFICATION AFTER TAXES HAVE BEEN PAID, THE COLLECTING OFFICER SHALL REFUND THE APPROPRIATE AMOUNT. S 2. This act shall take effect immediately.

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