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Volume 1 - Opinions of Counsel SBEA No. 35

Opinions of Counsel index

Veterans’ exemption (exemption on more than one parcel) - Real Property Tax Law, § 458:

Real property owned by a veteran and purchased with eligible funds is exempt from taxation to the extent of the eligible funds used for the purchase of the property but not to exceed $5,000. The property need not be the residence of the veteran and the veteran would be entitled to claim the exemption in each town in which he owns property provided, of course, that eligible funds were used and that the total amount of exemption does not exceed $5,000.

Section 458 of the Real Property Tax Law provides that real property purchased with eligible funds and owned by a veteran or certain other persons designated in the statute is exempt from taxation to the extent of the eligible funds used in the purchase of the property not to exceed the sum of $5,000.

Such property need not be the residence of the veteran. If a veteran received $4,000 in eligible funds and used $3,000 in the purchase of real property in one town and used the remaining $1,000 of eligible funds in the purchase of real property in another town, he would be entitled to claim the exemption in each town since the total amount of the exemption would not exceed $5,000. Of course, the burden is upon the veteran to prove that he actually used eligible funds in the purchase of each parcel of property for which he claims an exemption.

March 24, 1972

Updated: