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Volume 2 - Opinions of Counsel SBEA No. 105

Opinions of Counsel index

Aged exemption (property also eligible for veterans’ exemption) - Real Property Tax Law, §§ 458, 467:

Where a property owner is entitled to the aged exemption and another partial exemption, the aged exemption should be computed after all partial exemptions have been computed.

Our opinion has been requested as to the manner in which exemptions should be computed in a case where a property owner is entitled to a veterans’ exemption and an aged exemption.

The legislative intent in enacting section 467 of the Real Property Tax Law (aged exemption) was to reduce the tax burden of qualified aged property owners by one-half. This is evidenced by Governor Rockefeller’s approval message of June 14, 1966 which stated, in part:

“. . . the bill thus provides a method for municipalities, by local action consistent with principles of home rule, to help elderly persons living on small fixed incomes to remain in their homes despite increases in real property taxes, especially taxes for school purposes. . . .”

Paragraph (3) of subdivision 1 of section 458 (veterans’ exemption) specifically provides, in part, that the assessors “. . . shall . . . subtract the total amount of such exemption from the total amount assessed . . .” (emphasis supplied).

Subdivision 1 of section 467 provides, in part, that “. . . real property owned by . . . persons . . . sixty-five years of age or over, . . . shall be exempt from taxation . . . to the extent of fifty percentum of the assessed valuation thereof . . .” (emphasis supplied).

Reading the two sections together, and keeping in mind that the veterans’ exemption does not apply to school taxes (section 458, subdivision 1, (3)), it appears clear that the Legislature intended to grant an exemption to the extent of fifty percent of the taxable assessed value (after all other partial exemptions have been computed and subtracted) of property owned by qualified aged persons.

Therefore, it is the opinion of this office that the aged exemption should be computed after all other partial exemptions have been computed.

June 6, 1972

Updated: