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What is NYC AC § 11-245.9?

Quick Answer

This section outlines the process for transferring and prorating a veterans' tax exemption when a veteran, their spouse, or unremarried surviving spouse sells a property and purchases a new one within the city. The Department of Finance administers this exemption. Applies to veterans and their families receiving tax exemptions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-245.9 Alternative exemption for veterans; transfer of title.

AC § 11-245.9

1.Pursuant to subdivision eight of section four hundred fifty-eight-a of the real property tax law, where a veteran, the spouse of the veteran or unremarried surviving spouse already receiving an exemption pursuant to such section sells the property receiving such exemption and purchases property within the city, the department of finance shall transfer and prorate, for the remainder of the fiscal year, the exemption received. The prorated exemption shall be based upon the date the veteran, the spouse of the veteran or unremarried surviving spouse obtains title to the new property and shall be calculated by multiplying the tax rate for which taxes were levied, on the appropriate tax roll used for the fiscal year during which the transfer occurred, multiplied by the previously granted exempt amount, multiplied by the fraction of each fiscal year remaining subsequent to the transfer of title.

2.Nothing in this section shall be construed to remove the requirement that any such veteran, the spouse of the veteran or unremarried surviving spouse transferring an exemption pursuant to subdivision one of this section shall reapply for the exemption authorized pursuant to section four hundred fifty-eight-a of the real property tax law on or before the following taxable status date, in the event such veteran, the spouse of the veteran or unremarried surviving spouse wishes to receive the exemption in future fiscal years. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/068.

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