Article VI. Real Estate Tax Relief for the
Elderly.
Sec. 11.1-18. Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them by
this section, unless another meaning shall clearly appear from the
context:
Affidavit. The real estate tax exemption affidavit.
Dwelling. The sole residence of the person or persons claiming
exemption.
Exemption. The percentage exemption from the real property
tax imposed by the city allowable under the provisions of this
article.
Taxable year. The calendar year, from January 1st through
December 31st, for which such real property tax is imposed or
exemption claimed. (2-20-73.)
Sec. 11.1-19. Purpose of article; effective date.
It is hereby declared to be the purpose of this article to provide
real estate tax exemptions for qualified property owners who are
not less than sixty-five years of age and who are otherwise
eligible according to the terms of this article. Pursuant to the
authority of section 58-760.1 of the Code of Virginia, the city
council finds and declares that persons qualifying for exemption
hereunder are bearing an extraordinary real estate tax burden in
relation to their income and financial worth. This article shall be
effective, as of the date of this article,[132]
to provide for such
exemption for the taxable year 1973 and subsequent taxable
years. (2-20-73.)
Sec. 11.1-20. Qualifications for exemption.
Exemption pursuant to this article shall be granted to persons
and for property complying with the following provisions:
(a) The title to the property for which exemption is claimed is
held, or partially held, by the person or persons claiming such
exemption, as of January 1 of the taxable year for which such
exemption is claimed.
(b) The dwelling for which the exemption is claimed is occupied
as the sole dwelling of such claimant or claimants.
(c) The head of household claiming such exemption is sixty-five
years of age or older as of December 31 of the year immediately
preceding the taxable year for which the exemption is claimed.
(d) The gross combined income from all sources of such
claimant owner or owners of such dwelling living therein, and of
their relatives living in such dwelling, for the immediately
preceding calendar year, does not exceed the sum of seven
thousand five hundred dollars; provided, that the first two
thousand five hundred dollars of income of each relative other
than spouse, of such claimant owner or owners, who is living in
such dwelling shall not be included in such total.
(e) The net combined financial worth of such claimant owner or
owners and of their relatives living in such dwelling as of
December 31 of the year immediately preceding the taxable year
for which the exemption is claimed does not exceed twenty
thousand dollars. Net combined financial worth shall include the
value of all assets, including equitable interests, exclusive of the
fair market value of the dwelling for which exemption is claimed
and of the land, not exceeding one acre, upon which it is situated.
(2-20-73; 8-20-73.)
Sec. 11.1-21. Application for exemption; investigation of
affidavit.
(a) Annually, and not later than March 1 of each taxable year,
every person claiming an exemption under this article shall file a
real estate tax exemption affidavit with the commissioner of
revenue of the city; provided, however, that for the taxable year
1973, such affidavit shall be filed on or before May 1, 1973.
(b) The affidavit shall set forth the names of the related
persons occupying the real estate for which exemption is claimed
and the total combined net worth and combined income of such
persons as defined in this article. The form of such affidavit shall
be determined by the commissioner of revenue and approved by
the city manager, and shall contain such other information as
may be required to adequately determine compliance with the
provisions of section 11.1-20. In addition, the commissioner may
make such further inquiry of persons seeking to claim exemptions
requiring answers under oath and the production of certified tax
returns, as may be deemed reasonably necessary to determine
eligibility for an exemption.
(c) The commissioner, after audit and investigation of such
affidavits, shall certify a list of the persons and property
qualifying for exemption and the amount thereof to the city
treasurer, who shall forthwith deduct the amounts of such
exemptions from the real estate tax chargeable for the taxable
year to such persons and property. (2-20-73; 1-28-74.)
Sec. 11.1-22. Calculation of amount of exemption.
The amount the exemption granted pursuant to the article shall
be a percentage of the real estate tax assessed for the applicable
taxable year in accordance with the following scale:
Net Combined Financial Worth
Gross
Combined
Income |
$ 0
to
$5,000 |
$ 5,000
to
$10,000 |
$10,000
to
$15,000 |
$15,000
to
$20,000 |
| $0 to $3,000 |
100% |
75% |
50% |
25% |
| $3,001 to $4,500 |
75% |
50% |
35% |
15% |
| $4,501 to $6,000 |
50% |
35% |
20% |
10% |
| $6,001 to $7,500 |
25% |
15% |
10% |
5% |
(2-20-73.)
Sec. 11.1-23. Changes in status.
Changes in respect to income, financial worth, ownership of
property or other factors occurring during the taxable year for
which the affidavit is filed and having the effect of violating or
exceeding the limitations and conditions of section 11.1-20, shall
nullify any exemption for the then current taxable year and for
the taxable year immediately following; provided, however, that
no change in income or financial worth which does not have the
effect of violating the maximum limitations of section 11.1-20
shall operate to increase or decrease the percentage of exemption
previously determined by the commissioner of revenue pursuant
to section 11.1-22. (2-20-73.)
Sec. 11.1-24. Penalty for violation of article.
Any person falsely claiming an exemption under this article
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than five hundred
dollars for each offense. (2-20-73.)
Sec. 11.1-25. Severability.
The provisions of this article are hereby declared to be
severable. If any section, subsection, clause or phrase thereof
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than five hundred
dollars for each offense. (2-20-73.)
