senate Bill S5010

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9256
Versions:
S5010
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง458-c, RPT L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5728, A5728
2007-2008: A140, A140
2011-2012: A5041

Sponsor 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.


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

                                  5010

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08721-01-1

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