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Home My Public Portal About1999_02_09_O003 Amending the Town Code regarding taxes for the Elderly and Disabled The Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: 99-0-3 PRESENTED February_ 9, 1999 ADOPTED February_ 9, 1999 AMENDING CHAPTER 17, ARTICLE I, SECTIONS 17-1.1, 17- 1.4, 17-3.1 AND 17-3.4; OF THE TOWN CODE OF THE TOWN OF LEESBURG. EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES FOR ELDERLY AND HANDICAPPED ORDAINED by the Council of the Town of Leesburg that Chapter 17, Article I, of the Town Code of the Town of Leesburg be amended as follows: WHEREAS, the 1950 Code of Virginia, as amended, was amended by the General assembly for tax year 1999 to allow for increased limits for total combined income and maximum net combined financial worth for those individuals applying for exemption from real estate and personal property taxes due to age or handicap status; and WHEREAS, the Town of Leesburg was granted specific permission by the General Assembly to implement these higher limits. SECTION 17-1.1 Tax relief for the elderly and totally and permanently disabled. Total grass 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 $6,500.00 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. SECTION 17-1.4 Requirements for exemption or deferral. (3) A dwelling jointly held by a husband and wife may qualify if either spouse is over 65 years of age or is permanently and totally disabled. Such exemption or deferral program g'ach shall be subject to the following restrictions and conditions. -2- AN ORDINANCE - AMENDING CHAPTER 17 (a) The ~ total combined income -~ ,u received from all sources during the preceding calendar year *~'~ ,~w~,~ ...... a;a by (i) ............ J ..... owners of the dwelling who use it as their principal residence and (ii) owners' relatives who live in the dwelling, shall not exceed ?,2,000.00 $52,000.00, or the income limits based upon family size for the respective metropolitan statistical ~ea, annually published by the Dep~ment of Housing and Urban Development for qualifying for federal housing assistance pursuant to Section 235 of the National Housing Act (12 U. SC., Section 1715z). Any amount up to . Gross combined $6,500.00 of income of each relative ,-ohher-tha~ who is not the spouse, of ~ a._~n owner er owners, ':,'ho is living in the dwelling ...... and who does not ~'~ ;,o,..a~a ; ..... ~, ~,~ qualify for the exemption provided by (3)b hereof may be excluded from the total combined income calculation. Also excluded from ~ total combined income is all of the income received by an owner for permanent disability for the preceding year up to a maximum amount of $7,500.00. (b) as of December 37 of the ..... · ; .... a~ ~;° ~;~a...- . If a person qualifies for an exemption or defe~al under this Article, and if the person can prove by clear and convincing evidence that the person's physical or mental health has deteriorated to the point that the only alternative to pe~anently residing in a hospital, nursing home, convalescent home or other facility for physical or mental c~e is to have a relative move in and provide c~e for the person, and if a relative does then move in for that pu~ose, then none of the income of the relative or of the relative's spouse shall be counted towards the income limit, provided the ORDINANCE: -3- AMENDING CHAPTER 17 owner of the residence has not transferred assets in excess of $5,000.00 without adequate consideration within a three-year period prior to or after the relative moves into such residence. (c) The net combined financial worth, including the present value of all equitable interests, as of December 31 of the immediately preceding calendar year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land, not exceeding one acre, upon which it is situated shall not exceed $195,000.00. Section 17-3.1. Tax relief for the elderly and permanently and totally disabled. Definitions. Amended as follows: Total combined income means gross income-reeeived from all sources of the owners of the motor vehicles and of the spouse of any owner, provided that the first $7,500.00 of income of such owner, other--than or the spouse of t-~ such owner ova~r-s, shall not be included in such total. Section 17-3.4 Requirements for reduction. (3) A motor vehicle held by a husband and wife may qualify if either spouse is over 65 years of age or if either spouse is permanently and totally disabled (4) A reduction shall be subject to the following restrictions and conditions: (a) The total combined income of the owner or owners during the year immediately preceding the taxable year did not exceed ?.O,OOO.OO. $52,000.00, or the income limits based upon family size for the respective metropolitan statistical area, annually published by the Department of Housing and Urban Development for qualifying for federal housing assistance pursuant to Section 235 of the National Housing Act (12 U.S.C., Section 1715z). Total combined income includes all income from all sources of fo._ir the owner of the motor vehicle for which the reduction is claimed, provided that the first $7,500.00 of income of each owner or the spouse of the owner AN ORDINANCE - AMENDING CHAPTER 17 -4- of the motor vehicle, shall not be included in such total. Also excluded from gross total combined income is all of the income received by an owner for permanent disability for the preceding year up to a maximum amount of $7,500.00. (b) The total combined net financial worth of the owner or owners of the motor vehicles as of December 31 of the year immediately preceding the taxable year did not exceed ~.,..,,,vvv.vv.,¢~<nnnnnna $195,000.00. Total combined net financial worth shall include the value of all..*~,o,.,~o,~'~ ,:,.....°1~'~11 ...,-,.,..,..*,.~;~'I"A~ present .... ;,.t.l~ ;'alue ^~' nn interest of the owner or owners' and the owner's spouse, and shall exclude the fair market value of the principal residence of the owners and the land upon which it is situated, not exceeding one acre. All furniture, household appliances and other items typically used in a home are also hereby excluded. (c) All income and net worth limitations shall be computed by aggregating the income and assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle whe cl~,2ms a r-educ-tiea seeks the benefit of the preferential tax rate permitted m under this chapter Article, irrespective of how such motor vehicle may be titled. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon passage. PASSED this 9t___~h day of February, 1999. es E. Clem, Mayor Town of Leesburg ATTEST: Clerk of Council