Any person who has paid the tax provided for in this subchapter shall be entitled to a refund of the amount of such tax which he or she had paid on a purchase of a subsequent residential dwelling, as hereinafter provided if, and only if, all of the following conditions are satisfied:
(A) The person has previously been a grantor, transferor, or seller in conjunction with the sale of a single family attached or detached dwelling or condominium unit within the corporate limits of the village which he or she has owned and occupied solely as a principal residence immediately prior to the sale and a real estate transfer tax under this subchapter has been paid to the village; and
(B) The person has purchased, and paid a subsequent real estate transfer tax provided for in this subchapter in conjunction with the purchase of one single-family attached or detached dwelling or condominium unit (residential dwelling) within the corporate limits of the village, which is his or her new principal residence within one year of the date of the aforesaid previous sale and occupies the residence on the date of application for refund; and
(C) The person makes the application for refund not later than one year after the payment has been made on the subsequent residential dwelling and provides adequate evidence of the fulfillment of the requirements of the refund.
Provided that the foregoing conditions are satisfied, the person shall be entitled to a refund of the amount of the taxes paid on the purchase of the subsequent residential dwelling, which were actually paid by the person as a consequence of the subsequent purchase of one single-family dwelling in the village.
In addition to the foregoing provisions (and without otherwise modifying or affecting the foregoing provisions), any person who has actually paid the tax provided for in this subchapter shall slso be entitled to a refund of the amount of such tax which he or she had paid on a purchase of a single family attached or detached residential dwelling or condominium unit within the corporate limits of the village, where such person intends to and actually occupies such single family attached or detached residential dwelling or condominium unit as his or her principal residence, and where such person has also been a bona fide resident of the village for not less than the six months immediately and continuously prior to the purchase thereof. All persons seeking a refund of tax pursuant to the preceding sentence of this subchapter shall be required to make application for such refund within one year after payment of the tax in question, and shall support such application with adequate evidence of the fulfillment of the requirements of the preceding sentence of this subchapter.
(Ord. 04-0170, passed 4-20-05; Am. Ord. 11-0939, passed 11-2-11)