Introduced By: Senators Felag and Gibbs
Date Introduced : May 12, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 44-3-32 of the General Laws in Chapter 44-3 entitled "Property Subject to Taxation" is hereby amended to read as follows:
44-3-32. Tax exemption in the town of Portsmouth -- Elderly
-- Income. -- (a) The town council of the town of Portsmouth
may provide an ordinance for exemptions, partial or total, from
taxation on parcels of real property located therein which, as
of the date of assessment, are owned and occupied wholly or partially
as dwellings by persons who are citizens and residents of the
town and who have attained the age of sixty-five (65) years. Each
exemption shall be in the form of a credit against the taxes assessed
on such real property. The amount of the credit with respect to
each such person shall be based on the annual income of that person.
{DEL The ordinance shall state the maximum income for which
each stated credit amount shall be allowed; DEL} {ADD The maximum
income for which each stated credit amount shall be allowed shall
be set by the town council by resolution in January of each year ADD}
provided that "income" includes the aggregate income
of the person and all other persons residing with him or her;
provided further, that "income" shall be computed on
a calendar year basis and shall include all income of every nature
and description, whether or not taxable, and whether earned or
unearned, and shall include but not be limited to dividends, interest,
gross rents, gains, gifts, pensions, all types of compensation,
and social security and veterans' benefits. Only one exemption
shall be allowed with respect to any one building; provided that
the exemption shall be allowed for single or multiple family dwellings
and other buildings so long as the person resides therein. The
exemption shall not be allowed unless the person entitled thereto
shall have presented to the tax assessor on or before June 1 of
each year for which the exemption is sought an application for
the exemption and due evidence that he or she is entitled thereto,
including, for example but not by way of limitation, certified
birth records, voter registration records, and statements of annual
income sworn or affirmed by the applicant before a person qualified
to administer oaths, such information to be kept confidential
by the tax assessor.
(b) Each exemption shall terminate forthwith (a) upon the alienation of the real property, (b) in the event the person shall cease to occupy the real property as his or her dwelling, or (c) upon the death of the person.
SECTION 2. This act shall take effect upon passage.
