General Assembly Raised Bill No. 172
February Session, 2010 LCO No. 888
*00888_______AGE*
Referred to Committee on Select Committee on Aging
Introduced by:
(AGE)
General Assembly
Raised Bill No. 172
February Session, 2010
LCO No. 888
*00888_______AGE*
Referred to Committee on Select Committee on Aging
Introduced by:
(AGE)
AN ACT ESTABLISHING A PROPERTY TAX FREEZE FOR CERTAIN ELDERLY HOMEOWNERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2010, and applicable to assessment years commencing on or after October 1, 2010) (a) Any taxpayer who is (1) the owner of real property, or (2) a tenant for life or for a term of years and liable for property taxes under section 12-48 of the general statutes, who meets the qualifications in this section, shall be entitled to pay the property tax relief amount in lieu of the property taxes due under chapter 203 of the general statutes for the first assessment year and each subsequent assessment year that such taxpayer meets such qualifications.
(b) To qualify for the tax relief provided in this section, a taxpayer shall: (1) Be eighty-five years of age or older on December thirty-first of the calendar year preceding the year in which a claim is filed, (2) occupy such real property as the taxpayer's home, (3) have resided within this state for at least one year before applying for tax relief under this section, (4) have qualifying income, (5) have assets not in excess of any asset limits a municipality may impose, and (6) apply for tax relief.
(c) A taxpayer shall have qualifying income if the sum of the taxable and nontaxable income of such taxpayer in the tax year ending immediately preceding the date of application for property tax relief under this section does not exceed the limits set forth in section 12-170aa of the general statutes, as adjusted annually. For purposes of this subsection, taxable and nontaxable income shall include the taxable and nontaxable income of any spouse of such taxpayer unless such spouse is a resident of a health care or nursing home facility in this state and receives benefits under the Title XIX Medicaid program.
(d) (1) Subject to subdivision (2) of this subsection, the property tax relief amount shall be the lower of: (A) The tax due with respect to such taxpayer's residence for the assessment year commencing October first of the calendar year immediately preceding the year in which the initial application for tax relief is made, or (B) the tax due for any subsequent assessment year.
(2) If the real property for which a taxpayer is entitled to pay the property tax relief amount under this section is owned by such taxpayer as tenant in common with any other person, the property tax relief amount shall be multiplied by the fraction that represents such taxpayer's fractional interest in the real property. Such other person shall pay such other person's fractional share of the property tax due for the residence under chapter 203 of the general statutes unless such other person qualifies for tax relief under this section. For the purposes of this section, a "mobile manufactured home", as defined in section 12-63a of the general statutes, shall be deemed to be real property.
(e) (1) Any taxpayer seeking tax relief under this section shall apply for such tax relief not later than May fifteenth of the year in which benefits are first claimed with the assessor of the municipality in which the property is located in such form and manner as the assessor may prescribe. Such taxpayer shall also submit any evidence of qualifying income for the taxable year that the assessor may require, including, but not limited to, a copy of the federal income tax return for such taxpayer if such taxpayer is required to file a federal income tax return.
(2) After the first year a claim for such tax relief is filed and approved, such taxpayer shall apply biennially thereafter to renew such tax relief not later than May fifteenth with the assessor in such form and manner as the assessor may prescribe.
(3) After receipt of such application or renewal application and any evidence of qualifying income required by the assessor, such assessor shall determine whether such taxpayer qualifies for the tax relief provided in this section and shall notify the municipal tax collector and such taxpayer of such assessor's determination.
(4) Any taxpayer who knowingly makes a false application for property tax relief under this section shall be fined not more than five hundred dollars. Any such taxpayer who fails to disclose all matters relating to such taxpayer's qualifications for property tax relief under this section or with intent to defraud makes a false statement shall refund to the municipality all tax relief improperly taken.
(f) Any property tax relief granted to any taxpayer under this section shall not disqualify such taxpayer with respect to any benefits for which such taxpayer shall be eligible under the provisions of sections 12-129b to 12-129d, inclusive, 12-129n and 12-170aa of the general statutes and any such property tax relief provided under this section shall be in addition to any such benefits for which such taxpayer shall be eligible under said sections 12-129b to 12-129d, inclusive, 12-129n and 12-170aa.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2010, and applicable to assessment years commencing on or after October 1, 2010 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2010, and applicable to assessment years commencing on or after October 1, 2010
New section
Statement of Purpose:
To provide a property tax freeze for residents eighty-five years of age and older.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]