Exempts veteran disability payments from inclusion as income of persons sixty-five years of age or over to determine eligibility for a real property tax exemption.

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S6976-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.923
• Apr 18, 2012: REFERRED TO AGING

S6976-2011 Meetings

Aging: May 30, 2012

S6976-2011 Calendars

Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S6976-2011 Votes

S6976-2011 Memo

BILL NUMBER:S6976

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the senior citizen
exemption
and
veteran disability compensation

PURPOSE OR GENERAL IDEA OF BILL:
This bill deducts veterans' disability compensation used to calculate
senior citizen real property tax exemptions.

SUMMARY OF SPECIFIC PROVISIONS:
Paragraph (a) of subdivision 3 of section 467 of the Real Property Tax
Law would be amended to eliminate veterans' disability compensation
for purposes of determining income eligibility for the senior citizen
exemption. Section one of the bill is a technical amendment
incorporating a prior amendment to the paragraph.

JUSTIFICATION:
Disabled United States armed forces members cannot
deduct compensation payments for injuries received in war from their
income when applying for the senior citizen exemption, but people
that were not even citizens of this country during the war can take
deductions for compensation received as a result of war. This bill
attempts to create equity with respect to both classes of applicants
for the senior citizen tax exemption.

PRIOR LEGISLATIVE HISTORY:
Same as A.2277

FISCAL IMPLICATIONS:
 None to the State.

EFFECTIVE DATE:
Immediately upon enactment and applies to assessment
rolls commencing after the following January 1st; the technical
amendment contained in Section one of the bill shall be deemed to
have been in effect since September 9, 2003.

S6976-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6976

                              I N  SENATE

                               April 18, 2012
                                 ___________

  Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Aging

  AN ACT to amend the real property tax law, in  relation  to  the  senior
    citizen exemption and veteran disability compensation

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (a) of subdivision 3 of section 467 of  the  real
  property  tax  law,  as  amended  by chapter 259 of the laws of 2009, is
  amended to read as follows:

    (a) 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  exceeds  the  sum of three thousand
  dollars, or such other sum not less than three thousand dollars nor more
  than twenty-six thousand dollars beginning July first, two thousand six,
  twenty-seven thousand dollars beginning July first, two thousand  seven,
  twenty-eight  thousand dollars beginning July first, two thousand eight,
  and twenty-nine thousand dollars  beginning  July  first,  two  thousand
  nine,  as  may  be  provided  by  the local law, ordinance or resolution
  adopted pursuant to this section. 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, except where the  husband  or  wife,  or
  ex-husband or ex-wife is absent from the property as provided in subpar-
  agraph  (ii)  of paragraph (d) of this subdivision, then only the income
  of the spouse or ex-spouse residing on the property shall be  considered
  and  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, inheritances,  VETERAN
  DISABILITY  COMPENSATION,  AS  DEFINED  IN TITLE 38 OF THE UNITED STATES
  CODE, payments made to individuals because of their status as victims of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00255-01-1

 S. 6976                             2

  Nazi persecution, as defined in P.L. 103-286 or  monies  earned  through
  employment in the federal foster grandparent program and any such income
  shall  be  offset by all medical and prescription drug expenses actually
  paid  which were not reimbursed or paid for by insurance, if the govern-
  ing board of a municipality, after a public hearing, adopts a local law,
  ordinance or resolution providing therefor.   Furthermore,  such  income
  shall  not  include the proceeds of a reverse mortgage, as authorized by
  section six-h of the banking law, and sections two  hundred  eighty  and
  two  hundred  eighty-a of the real property law; provided, however, that
  monies used to repay a reverse mortgage may not be deducted from income,
  and provided additionally that any interest or dividends  realized  from
  the  investment of reverse mortgage proceeds shall be considered income.
  The provisions of this paragraph notwithstanding, such income shall  not
  include  veterans disability compensation, as defined in Title 38 of the
  United States Code provided the governing board  of  such  municipality,
  after  public  hearing,  adopts  a  local  law,  ordinance or resolution
  providing therefor.  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;
    S  2.  This act shall take effect immediately and shall apply to those
  assessment rolls having a taxable status date on or after January  first
  of  the  year  next  succeeding the year in which it shall have become a
  law.