Includes the war on terrorism within the definition of "period of war" for purposes of the veterans alternative property tax exemption

1 Co-sponsor

• Eric Adams

Title of bill

An act to amend the real property tax law, in relation to including the war on terrorism within the definition of "period of war" for purposes of the veterans alternative property tax exemption

Purpose

This bill would permit veterans of the war on terrorism, including the hostilities in Afghanistan and Iraq, to apply for the real property tax exemptions currently offered to veterans of previous wars; and permit localities to accept late applications for such exemption, if the veteran was in active duty service to the armed forces on the taxable status date.

Summary of provisions

Section 1: Includes the war on terrorism, including the hostilities in Afghanistan and Iraq, commenced in 2001, in the definition of "period of war" for the purposes of the veterans alternative real property tax exemption.

Section 2: Permits local governments, by passage of local law, to accept applications for such exemptions after the taxable status date, if the veteran was in active duty service to the armed forces on the taxable status date. If a municipality elects to accept such late applications, the veteran would have thirty days from their date of separation or from the date the local law permitting such late filing is passed, which ever is later.

Existing law

Present law permits local governments, at their option, to offer real property tax exemptions of up to fifteen percent of$12,000, to war time veterans.

Justification

In recognition of their service to their county, the Real Property Tax Law permits local governments the option of extending partial real property tax exemptions to honorably discharged veterans who served in time of war. Applications for these exemptions must be filed by the annual taxable status date. This bill would permit veteran of the war on terrorism, including the hostilities in Afghanistan and Iraq, to qualify for these exemptions. This bill would also address defect in the current law which precludes veterans who leave active duty service after the taxable status date from applying for this exemption until the following year, by permitting local government, again at their option, to accept applications as much as thirty days after the veteran leaves service.

Legislative history

2005-2006 Passed Senate (S.2224) 2007: Passed Senate, 2008: Referred to Veterans Homeland Security and Military Affairs (S.1529/ A.10231)

Fiscal implications

None to the state.

Effective date

Immediately.