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§ 34.016 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFFIDAVIT. The real estate tax exemption affidavit.
   COMMISSIONER OF THE REVENUE. The County Commissioner of the Revenue, or any of his or her duly authorized deputies or agents.
   DWELLING. The full-time residence of the person claiming exemption.
   EXEMPTION.  EXEMPTION from the town real estate tax according to the provisions of this subchapter.
   FAIR MARKET VALUE.  
      (1)   When applied to real estate, the appraised value and not the assessed value, as shown on the records of the Commissioner of the Revenue; and
      (2)   When applied to personal property, the term means the actual value as appraised by the Commissioner of the Revenue.
   PROPERTY. Real property.
   RELATIVE. Any relation by blood or marriage.
   TAXABLE YEAR. The calendar year, from January 1 until December 31, for which exemption is claimed.
(1997 Code, § 62-57)
§ 34.017 EXEMPTION OF TAXATION ON CERTAIN REAL ESTATE; CONDITIONS.
   The dwelling owned by and occupied as the sole dwelling of any person not less than 65 years of age shall be exempt from taxation, provided the head of the household occupying the dwelling and owning the title or partial title thereto is a resident of the county and is exempted, subject to the following restrictions and conditions:
   (A)   The total combined income during the immediately preceding calendar year from all sources of the owner of the dwelling living therein and of the owner’s relatives living in the dwelling does not exceed $5,000, provided that the first $1,500 of income of each relative, other than the spouse of the owner who is living in the dwelling, shall not be included in the total;
   (B)   The net combined financial worth, including equitable interests, as of December 31 of the immediately preceding calendar year, of the owner and of the spouse of any owner shall not exceed $20,000; and
   (C)   The fair market value of the dwelling and the land not exceeding 1 acre upon which the dwelling is situated, not to exceed $20,000, is excluded from the combined financial worth determined in division (B) of this section.
(1997 Code, § 62-59)
§ 34.018 FILING OF AFFIDAVIT.
   (A)   The person claiming the exemption shall file annually with the Commissioner of the Revenue, on forms to be supplied by the Commissioner of the Revenue, an affidavit setting forth the names of the related persons occupying the real estate and that the total combined net worth, including equitable interests and the combined income from all sources of the person as specified in § 34.017, does not exceed the limits prescribed in this subchapter.
   (B)   This affidavit shall be filed after February 1 but before March 1 of each calendar year.
   (C)   The Commissioner of the Revenue shall also make further inquiry of a person seeking the exemption, requiring answers under oath as may be reasonably necessary, to determine qualifications therefor as specified in this section. The Commissioner of the Revenue may in addition require the production of certified tax returns and any other records to establish the income or financial worth of any applicant for tax relief.
(1997 Code, § 62-60)
§ 34.019 GRANTING OF EXEMPTION.
   (A)   An exemption may be granted for any year following the date that the head of the household occupying the dwelling and owning title or partial title thereto reaches the age of 65 years.
   (B)   If after an audit and investigation the Commissioner of the Revenue determines that the person is qualified for exemption, the Commissioner shall so certify the exemption, and shall determine the percentage of exemption allowable and issue nonnegotiable exemption certificates in the amount of the exemption determined to be applicable to the claimant’s real estate tax liability. This exemption certificate shall apply only to the tax year for which issued. The person to whom an exemption certificate has been issued shall, on or before the past due date established for the payment of the real estate tax, acknowledge that he or she is claiming credit under this exemption certificate to the Clerk/Treasurer, together with the payment of the difference between the exemption and the full amount of the tax payment then due on the property for which the exemption was issued. The Clerk/Treasurer shall check the claim against the list furnished him or her by the Commissioner, and if the Commissioner’s report shows the issuance of the certificate, credit shall be allowed. Any person not claiming credit on the taxes on or before the date specified for payment shall not thereafter be entitled to the credit.
   (C)   Where the person claiming exemption conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on a schedule established by the county.
   (D)   Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit mentioned in § 34.018 is filed and having the effect of exceeding or violating the limitations and/or conditions provided in this section shall be promptly reported to the Commissioner of the Revenue by the applicant, and shall nullify any relief of real estate tax liability for the then-current taxable year and the taxable year immediately following.
(1997 Code, § 62-61)
BANK FRANCHISE TAX
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