Details of the Cold War veterans' tax exemption


 

PINE PLAINS — The Town Board adopted Local Law No. 2 of 2008 at its meeting April 17. The law creates a tax exemption for Cold War veterans who live in the town of Pine Plains.

Below are the definitions as stated in the law as prepared by Attorney to the Town Warren Replansky.

"Cold War veteran" applies to a male or female who served on active duty in the United States Armed Forces during the time period from Sept. 2, 1945, to Dec. 26, 1991, and was discharged or released therefrom under honorable conditions.

"Armed forces" encompasses the Army, Navy, Marine Corps, Air Force or Coast Guard.

"Active duty" means full-time duty in the U.S. Army, other than training.

"Service connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service.

"Qualified owner" means a Cold War veteran, the spouse of a Cold War veteran or the unmarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the un-remarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.

"Qualified residential real property" means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this local law. Such property shall be the primary residence of the Cold War veteran or the un-remarried surviving spouse of a Cold War veteran, unless the Cold War veteran or un-remarried surviving spouse is absent from the property due to medical reasons or institutionalization.

"Latest state equalization rate" means the latest final equalization rate established by the state.

For those who qualify, the exemption can only reach 15 percent of the assessed value of the property, but may not exceed $12,000 multiplied by the town’s current equalization rate as set by the state.

Additionally, if the Cold War veteran is receiving disability (from a service-related injury) qualifying property "shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50 percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $40,000, or the product of $40,000 multiplied by the latest state equalization rate for the town of Pine Plains, whichever is less," according to the law.

The exemption does not apply to school taxes. Nor can a Cold War veteran be eligible for this exemption if he/she receives it from another section of the real property tax law. The exemption is good for a 10-year period, although it may be transferred to another piece of property, if applicable, until it expires.

Now that the Town Board has adopted the exemption, it must be filed with the secretary of state. Once that is done, it will take effect immediately.

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