HomeMy Public PortalAbout1981_07_22_O019ORDINANCE NO.
AN ORDINANCE:
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED July 22, 1981
81-0-19 ADOPTED July 22, 1981
AMENDING SECTION 17-1.1 OF THE TOWN CODE.
lOWS:
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17-1.1 of the Town Code is amended to read as fol-
Sec. 17-1.1. Tax relief for the elderly.
(a) As used herein:
"Total combined income" means gross income from all sources
of the owners of the dwelling residing therein and of any
relatives of the owner who reside in the dwelling, provided
that the first $4,000.00 of income of each relative, other
than the spouse of the owner or owners, who is living in
the dwelling shall not be included in such total.
(2)
"Net combined financial worth" means all assets of the
owners of the dwelling and of the spouse of any owner who
resides therein, including equitable interests, excluding
the value of the dwelling and the land in an amount not to
exceed one acre upon which it is situated.
(b) Any person not less than 65 years of age by December 31st
of the year preceding the date of application, who owns or partially
owns a dwelling as the sole dwelling of the person, shall be eligible
for and may apply for an exemption or deferral of real estate taxes
on such dwelling and the land in an amount not to exceed one acre
on which it is situated, provided that:
(1) The total combined income, as hereinabove defined, during
the immediately preceding year cannot exceed
$12,000.00.
(2) The net combined financial worth, as thereinabove defined,
as of December 31st of the immediately preceding year can-
not exceed $35,000.00.
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(c) Applicants who satisfy the requirements of this article
may choose to have the taxes on the eligible property fully exempted
or deferred. If an applicant chooses to defer his or her taxes, pay-
ment is not required until the applicant sells his or her interest in
the property or one year after his or her death. Deferred taxes
will not accrue penalty and interest, however, at such time these
taxes become due again, because of failure to meet the requirements
of the article, selling of one's interest or death of the applicant,
the taxes shall accrue interest at l0 percent per annum.
If an applicant chooses exemption, the taxes are fully
abated and are not recoverable by the town.
(d) Application for exemption or deferral provided for herein
shall be made not later than May 1st of each year for which exemption
or deferral is sought to the director of finance on forms to be pro-
vided by him. The application shall be accompanied by an affidavit
setting forth the names of all persons occupying such dwelling and
stating that the total combined income and the net combined financial
worth do not exceed the limitations set forth in subsection (b) above.
The director of finance may require an applicant to answer questions
under oath as to his requirements under this article and/or to produce
for inspection certified federal income tax returns for the preceding
three years to establish the total combined income or net combined fi-
nancial worth as hereinbefore defined.
(e) Any change in respect to total combined income, net combined
financial worth, ownership of the dwelling or other factors which occur
during the taxable year for which the affidavit is filed, and which has
the effect of exceeding or violating the limitations and conditions of
this article, shall nullify any exemptions or deferral for the then
current taxable year and the taxable year immediately following.
(f) Real estate described in subsection (b) above shall be ex-
empt from real estate taxes or such taxes shall be deferred under the
provisions of this article for any year in which proper application is
made, provided that, if the ownership of the property for which appli-
cation for exemption or deferral is made is not held solely by the ap-
plicant or jointly with the applicant's spouse, then the amount of tax
exemption or deferral hereunder shall be in proportion to the appli-
cant's ownership interest in the subject real property as that owner-
ship interest may appear.
(g) Any person or persons falsely claiming exemption or defer-
ral shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50.00 nor more than $300.00 for each
offense.
SECTION II. This ordinance shall be effective January 1~ 1982.
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PASSED this 22nd day of July
, 1981.
ATTEST:
~o~eot~ ~gesR%ulrl~ns, Mayor
Clerk of C6~cil