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(1) An application for real estate tax refund or forgiveness of taxes shall be filed with the Department on or before the thirty-first day of January of the calendar year in which real estate taxes are due and payable. Only one taxpayer for each homestead shall be entitled to the real estate tax refund or forgiveness of taxes. If two or more persons residing at any homestead meet the qualification for a real estate tax refund or forgiveness of taxes, they may determine among themselves who shall receive the refund or forgiveness of taxes. If they are unable to agree, the Department shall determine to whom the refund or forgiveness of taxes is to apply.
(a) The Department is authorized to grant exceptions to the deadline provided in subsection (1) upon provision by an owner of real property of evidence of hardship or evidence of other good cause, at its discretion. The Department shall promulgate such regulations and forms as are deemed necessary to effectuate the purpose of this subsection. The Tax Review Board is authorized to review any adverse final determination by the Department relating to an individual’s application for an exception, in like manner and with the same effect as a petition for review, as provided in Chapter 19-1700.
(2) Each application shall include reasonable proof of taxpayer income, the location and nature of the property claimed as a homestead and the tax bill or receipt for the real estate taxes owed or paid in connection with the occupancy of the homestead. It shall not be necessary that real estate taxes are paid directly by the taxpayer.
(1) The Department may prescribe such rules, regulations, schedules or procedures as it deems necessary for the submission and establishment of proof of the eligibility of taxpayers for the tax provisions or other matters relating to the provisions of this Chapter including, but not limited to, rules and regulations to establish forms and/or procedures:
(a) to make application for tax provisions relating to refunds or forgiveness of real estate taxes;
(b) to obtain recognition as a low-income taxpayer; and
(c) to provide rules for the proper calculation of the tax provision of this Chapter in specific situations, including, but not limited to, cooperative buildings.
(1) No taxpayer shall intentionally make any false statement when making application for eligibility to receive the benefit of the tax provisions of this Chapter. If it is determined that a taxpayer made application for the tax provisions on the basis of a false statement the eligibility for the tax provisions is null and void and the applicant shall be required to pay the City outstanding tax liability and any additions, interest or penalties computed as if the taxpayer had never been granted tax provisions.
(1) The Tax Review Board is authorized to review any adverse final decision or determination of the Department relating to a taxpayer’s initial and continued eligibility for the tax provisions as provided herein, in like manner and with the same effect as a petition for review, as provided in Chapter 19-1700.
(1) As used in this Section:
(a) Program refers to the low-income tax provision authorized by this Chapter.
(2) If a reduction in tax rates or a reassessment of property for the next calendar year would cause the taxes owed by a current participant in the program to be lower in the next calendar year than the level at which such taxes are currently frozen but for the low-income tax provision, then the participant’s application on file with the Department shall be deemed a re-application to participate in the program beginning the next calendar year at the lower amount of tax. No additional application shall be required for the purpose of benefiting from the reduced tax rate or reassessment.
(3) With respect to a taxpayer whose real estate taxes have been frozen for the current calendar year pursuant to this Chapter: before sending such taxpayer a bill for real estate taxes due for the next calendar year, the Department shall compare the amount of taxes due for the current calendar year under the program to the amount that would be due for the next calendar year as if the taxpayer were first applying to participate in the program for the next year, and shall bill the taxpayer for the lesser amount.
(a) In performing this calculation, the Department shall take into account the homestead exemption authorized by Section 19-1301.2. If the taxpayer has not filed an application for that exemption, the Department shall, for the purposes of determining the taxes due under this Chapter, treat the most recently approved application for the tax provision authorized by this Chapter as a completed homestead exemption application.
(4) The Department shall provide taxpayers with the following information:
(a) A clear explanation of the provisions in subsection (2) and the calculation performed pursuant to subsection (3);
(b) An explanation that, so long as the taxpayer remains an active, approved participant in the program authorized under this Chapter, if he or she receives a notice of an increased property assessment, that increase will not trigger an increase in taxes due; and
(c) Notification that the taxpayer should formally apply for the homestead exclusion provided for in Section 19-1301.2 if he or she has not already done so, along with a copy of the application.