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18 | 17 | | |
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19 | 18 | | |
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20 | 19 | | AN ACT LOWERING THE AGE OF ELIGIBILITY FOR PROPERTY TAX |
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21 | 20 | | RELIEF FOR ELDERLY PERSONS. |
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22 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 22 | | Assembly convened: |
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24 | 23 | | |
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25 | 24 | | Section 1. Subsection (a) of section 12-170v of the general statutes is 1 |
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26 | 25 | | repealed and the following is substituted in lieu thereof (Effective 2 |
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27 | 26 | | October 1, 2019, and applicable to assessment years commencing on or after 3 |
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28 | 27 | | October 1, 2019): 4 |
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29 | 28 | | (a) Any municipality, upon approval of its legislative body, may 5 |
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30 | 29 | | provide that an owner of real property or any tenant for life or for a 6 |
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31 | 30 | | term of years liable for property taxes under section 12-48 who meets 7 |
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32 | 31 | | the qualifications stated in this subsection shall be entitled to pay the 8 |
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33 | 32 | | tax levied on such property, calculated in accordance with the 9 |
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34 | 33 | | provisions of subsection (b) of this section for the first year the claim 10 |
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35 | 34 | | for such tax relief is filed and approved in accordance with the 11 |
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36 | 35 | | provisions of section 12-170w. [, and such] Such person shall be 12 |
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37 | 36 | | entitled to continue to pay the amount of such tax or such lesser 13 |
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38 | 37 | | amount as may be levied in any year, during each subsequent year that 14 |
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47 | 45 | | pertaining to a surviving spouse in this subsection, or any owner or 17 |
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48 | 46 | | tenant possessing a joint interest in such property with such owner at 18 |
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49 | 47 | | the time of such owner's death and qualified at such time in 19 |
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50 | 48 | | accordance with the requirements in this subsection, shall be entitled 20 |
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51 | 49 | | to continue to pay the amount of such tax or such lesser amount as 21 |
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52 | 50 | | may be levied in any year, as it becomes due each year following the 22 |
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53 | 51 | | death of such owner for as long as such surviving spouse or joint 23 |
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54 | 52 | | owner or joint tenant is qualified in accordance with the requirements 24 |
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55 | 53 | | in this subsection. After the first year a claim for such tax relief is filed 25 |
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56 | 54 | | and approved, application for such tax relief shall be filed biennially 26 |
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57 | 55 | | on a form prepared for such purpose by the assessor of such 27 |
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58 | 56 | | municipality. Any such owner or tenant who is qualified in accordance 28 |
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59 | 57 | | with this section and any such surviving spouse or joint owner or joint 29 |
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60 | 58 | | tenant surviving upon the death of such owner or tenant, shall be 30 |
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61 | 59 | | entitled to pay such tax in the amount as provided in this section for so 31 |
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62 | 60 | | long as such owner or tenant or such surviving spouse or joint owner 32 |
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63 | 61 | | or joint tenant continues to be so qualified. To qualify for the tax relief 33 |
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64 | 62 | | provided in this section a taxpayer shall meet all the following 34 |
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65 | 63 | | requirements: (1) On December thirty-first of the calendar year 35 |
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66 | 64 | | preceding the year in which a claim is filed, be (A) [seventy] sixty-five 36 |
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67 | 65 | | years of age or over, (B) the spouse of a person, [seventy] sixty-five 37 |
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68 | 66 | | years of age or over, provided such spouse is domiciled with such 38 |
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69 | 67 | | person, or (C) sixty-two years of age or over and the surviving spouse 39 |
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70 | 68 | | of a taxpayer who at the time of such taxpayer's death had qualified 40 |
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71 | 69 | | and was entitled to tax relief under this section, provided such 41 |
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72 | 70 | | surviving spouse was domiciled with such taxpayer at the time of the 42 |
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73 | 71 | | taxpayer's death, (2) occupy such real property as his or her home, (3) 43 |
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74 | 72 | | either spouse shall have resided within this state for at least one year 44 |
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75 | 73 | | before filing the claim under this section and section 12-170w, (4) the 45 |
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76 | 74 | | taxable and nontaxable income of such taxpayer, the total of which 46 |
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77 | 75 | | shall hereinafter be called "qualifying income", in the tax year of such 47 |
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78 | 76 | | homeowner ending immediately preceding the date of application for 48 |
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79 | 77 | | benefits under the program in this section, was not in excess of limits 49 |
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88 | 85 | | application for benefits under this section is filed in such form and 52 |
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89 | 86 | | manner as the assessor may prescribe. The amount of any Medicaid 53 |
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90 | 87 | | payments made on behalf of such homeowner or the spouse of such 54 |
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91 | 88 | | homeowner shall not constitute income. The income of the spouse of 55 |
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92 | 89 | | such homeowner shall not be included in the qualifying income of 56 |
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93 | 90 | | such homeowner for purposes of determining eligibility for tax relief 57 |
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94 | 91 | | under this section, if such spouse is a resident of a health care or 58 |
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95 | 92 | | nursing home facility in this state, and such facility receives payment 59 |
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96 | 93 | | related to such spouse under the Title XIX Medicaid program. In 60 |
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97 | 94 | | addition to the eligibility requirements prescribed in this subsection, 61 |
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98 | 95 | | any municipality that provides tax relief in accordance with the 62 |
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99 | 96 | | provisions of this section may impose asset limits as a condition of 63 |
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100 | 97 | | eligibility for such tax relief. 64 |
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101 | 98 | | This act shall take effect as follows and shall amend the following |
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102 | 99 | | sections: |
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103 | 100 | | |
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104 | 101 | | Section 1 October 1, 2019, and |
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105 | 102 | | applicable to assessment |
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106 | 103 | | years commencing on or |
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107 | 104 | | after October 1, 2019 |
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108 | 105 | | 12-170v(a) |
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109 | 106 | | |
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