Minutes 08/08/2006 (2) - Laserfiche WebLink

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d'"";1 ~~.~ August 8, 2006 a. That the first ten thousand dollars ($10,000.00) 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; and b. That the first ten thousand dollars ($10,000.00) of income shall be excluded for an owner who is permanently disabled. However notwithstanding this subsection (b)(1), if a person has already qualified for an exemption or deferral, and if the person can prove by clear and convincing evidence that after so qualifying the person's physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital nursing home, convalescent home, or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does then move in for that purpose, then none of the relative's income shall be counted towards the income limit. (2) The net combined financial worth, including equitable interests as of the thirty-first day of December 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 ten (10) acres, upon which it is situated, and excluding furnishings, shall not exceed sixty-five thousand dollars ($65,000.00). Such furnishings shall include furniture household appliances and other items typically used in a home. (3) The person or persons claiming such exemption shall file annually with the commissioner of the revenue, on forms to be supplied by the commissioner of the revenue, an affidavit setting forth the names of the related persons occupying such real estate, stating that the total combined net worth, including equitable interests, and the combined income from all sources of such person, or persons, do not exceed the limits described herein, and such affidavit shall be filed not later than the first day of April of each year. All applications for tax relief received after April 1 shall apply to the following tax year. The commissioner of the revenue is authorized to accept and process late filings in the case of (a) first time applicants, or (b) where the commissioner of the revenue determines that the failure to grant the exemption would serve to create an extreme hardship for the applicant. The commissioner of the revenue is authorized to make such further inquiry of persons seeking such exemption, requiring answers under oath, as may be reasonably necessary to determine their qualifications therefore as specified herein, and the commissioner of the revenue is further authorized to require the production of certified tax returns to establish the income or financial worth of any applicant for tax relief hereunder. An individual under the age of sixty- five (65) claiming such exemption shall provide certification by the Social Security Administration, the Veterans Administration, or the Railroad Retirement Board, or, if such person is not eligible for certification by any of these agencies, a sworn affidavit by two 2 medical doctors licensed to practice medicine in the commonwealth or military officers on active duty who practice medicine with the United States Armed Forces to the effect that such person is permanently and totally disabled as defined in Code of Virginia section 58.1-3217; however, a certification pursuant to 42 U.S.C. 423(d) by the Social Security Administration, so long as the person remains eligible for such Social Security benefits, shall be deemed to satisfy such definition in section 58.1-3217 The affidavit of at least one of the doctors shall be based upon a physical examination of the person by such doctor. (4) The exemption hereunder is granted for any year following the date that the head of the household occupying such dwelling and owning title or partial title thereto reaches the age of sixty-five (65) years. Changes in respect to income, financial worth, ownership of property,