Chapter 223

2006 -- H 7781 AS AMENDED

Enacted 07/03/06

A N A C T

RELATING TO TAXATION - PROPERTY SUBJECT TO TAXATION

Introduced By: Representatives Gallison, and Rice

Date Introduced: February 28, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 44-3 of the General Laws entitled "Property Subject to Taxation" is

hereby amended by adding thereto the following section:

44-3-16.1. Portsmouth -- Tax deferral for certain persons age sixty-five (65) and

for persons with a disability. – The town council of the town of Portsmouth may, by ordinance,

provide a tax deferral program as follows:

(a) Definitions:

(1) "Qualified senior" for the purpose of this section means any person who shall satisfy

the criteria in subsection (i)(A) or (B) or (C); and all of the criteria of subsections (ii) through (x)

inclusive:

(i)(A) who is age sixty-five (65) or more if single or widowed;

(B) who, if married, at least one taxpayer who has attained age sixty-five (65) as long as

the taxpayers' spouse is at least fifty (50) years of age;

(C) who, if widowed, over age fifty (50) whose spouse was at least age sixty-five (65)

prior to death and either spouse was a participant under this ordinance prior to death;

(ii) whose home is a single family home (condominium ownership not eligible);

(iii) whose Portsmouth home is the taxpayer's principal residence and that of the spouse

(if living);

(iv) who is a resident of the State of Rhode Island for income tax purposes, as is the

spouse (if living);

(v) who is not a registered voter of any other city, town or political subdivision of Rhode

Island or any other state, nor is the spouse (if living);

(vi) who has resided in the principal residence for the past seven (7) years, as has the

spouse (if living);

(vii) whose real estate tax previously billed is not delinquent by more than four (4)

quarters;

(viii) who would otherwise qualify but has been forced to relocate residence through no

fault of the taxpayer (e.g., in cases of fire, natural disaster or taking of property by eminent

domain by a state or local government);

(ix) whose real estate tax bill is more than twenty-five percent (25%) of the total income

of the taxpayer, or, if living, of both spouses. "Total income" means the total of adjusted gross

income per US individual income tax return, Form 1040, 1040-A (or the like) plus non taxable

income such as non-taxed social security benefits, welfare benefits, child support receipts,

municipal bond interest receipts and other non-taxable items of income;

(x) who completes the application process and who attests that the individual meets, or, if

living, both spouses meet all of the qualifications as outlined above.

(2) "Person with a disability" for the purpose of this section means a person with a

disability as defined in Rhode Island General Laws subsection 42-87-1(7)(i) and all of the criteria

of subsection (i) through (ix) include:

(i) whose home is a single family home (condominium ownership not eligible)

(ii) whose Portsmouth home is the taxpayer's principal residence and that of the spouse

(if living);

(iii) who is a resident of the State of Rhode Island for income tax purposes, as is the

spouse (if living);

(iv) who is not a registered voter of any other city, town or political subdivision of Rhode

Island or any other state, nor is the spouse (if living);

(v) who has resided in the principal residence for the past seven (7) years, as has the

spouse (if living);

(vi) whose real estate tax previously billed is not delinquent by more than four (4)

quarters;

(vii) who would otherwise qualify by has been forced to relocate residence through no

fault of the taxpayer (e.g. in cases of fire, natural disaster or taking of property by eminent

domain by a state or local government);

(viii) whose real estate tax bill is more than five percent (5%) of the total income of the

taxpayer, or, if living, of both spouses. "Total income" means the total of adjusted gross income

per U.S. individual income tax return, form 1040, 1040-A (or the like) plus non taxable income

such as non-taxed social security benefits, welfare benefits, child support receipts, municipal

bond interest receipts and other non-taxable items of income;

(ix) who completes the application process and who attests that the individual meets, or,

if living, both spouses meet all of the qualifications as outlined above.

(3) "Deferred Amount" for the purpose of this section means the amount of tax that

would otherwise be due and payable if the applicant did not qualify under this program.

(4) "Disqualifying Event" for the purpose of this section means to include any and all of

the following:

(i) Sale of the property;

(ii) Transfer of the property to a family member without life tenancy;

(iii) The point in time when the property ceases to be the taxpayer's principal residence;

(iv) Written request by the applicant to be removed from the program; or

(v) Any property whose square footage living space is increased since application and

acceptance under this ordinance.

(b)(1) Upon proper application, approved by the administrator or his/her designee, the

deferred amount will be deferred, without the accumulation of interest, until the occurrence of a

disqualifying event.

(2) A deferral under this ordinance shall not be disallowed if the owner applicant has only

a life estate in the property or if the property is in the name of a parent or one or more children or

in a trust for the benefit of the otherwise qualified resident and the owners submit an affidavit that

the qualified resident is the principal owner or present beneficiary and title is held in that manner

for estate planning purposes only.

(3) A deferral is not allowed for any improvement for outbuildings such as garages or

storage sheds, attached or not, to the principal residence once application and acceptance into the

tax freeze program occurs.

(c) Application Process:

(1) The taxpayer shall initially apply for eligibility in the tax stabilization program

between the dates of November 1 through December 31, for taxes assessed December 31 of that

year. After initial approval, the taxpayer must sign each year thereafter a statement attesting to

the fact that the taxpayer and the spouse continue to qualify under the ordinance provisions.

(2) Participation is optional at the taxpayer's option.

(3) Failure to file subsequent statements of eligibility; or the occurrence of a

disqualifying event of a temporary nature; or the elimination of a disqualifying event that no

longer applies, shall require re-entry into the program and full reapplication and recertification,

and shall nullify any deferral for the tax year in which the disqualifying event occurred, and past

deferred amounts shall be due under subsection (e). In such case, the tax shall be calculated as of

the year of re-entry into the program.

(d) Recording of deferral; Lien:

(1) All properties subject to the deferral program will have the deferral registered

and recorded with the Portsmouth town clerk. Normal recording fees will apply.

(2) All taxes deferred shall constitute a lien on the real estate for which the deferment was

granted until paid in accordance with the provisions ordinance.

(e) Payment of deferral:

(1) All deferrals must be paid in full within six (6) months of a disqualifying event in the

case of a death of the legal owner of the property, at closing and conveyance in the event of a sale

and within three (3) months of any other disqualifying event.

(2) Failure to report the disqualifying event, and/or to pay the deferral tax when due, will

carry a maximum penalty of one hundred dollars ($100) per month, or portion thereof, and

applicable interest on the currently assessed tax. Interest will be assessed and due in the same

manner as other past due tax receivables and will apply to all amounts previously deferred as well

as current amounts due.

(f) Appeal:

Appeals of all decisions as to the application, administration, eligibility or other matter

relating to this ordinance shall be made in writing according to law.

(g) Severability: If any provision of this chapter or the application thereof to any person

or circumstances is held invalid, such invalidity shall not affect other provisions or applications of

the chapter, which can be given effect without the invalid provision or application, and to this end

the provisions of this chapter are declared to be severable.

(h) The purpose of this section is to enable the town of Portsmouth to provide tax

stabilization for those residents with a disability or those residents over the age of sixty-five (65).

The provisions of this section are in addition to, and not in lieu of the provisions of section 44-3-

32.

     SECTION 2. This act shall take effect upon passage.

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LC02628

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