DISABLED VETERANS' EXEMPTION INFORMATION

California property tax laws provide that an exemption of up to $100,000 of assessed value ($100,000 Exemption) is available to property which constitutes the home of a veteran, or the home of the unmarried surviving spouse of a veteran, who, because of injury or disease incurred in military service, is blind in both eyes or has lost the use of two or more limbs or is totally disabled. The $100,000 Exemption increases to $150,000 of assessed value ($150,000 Exemption) if your household income for last year did not exceed $41,814. Once granted, the $100,000 Exemption remains in effect until terminated. Annual filing is required for any year in which a $150,000 Exemption is claimed.

LEGISLATION, which became effective commencing with the 1994-95 fiscal year, expanded the disabled veterans' property tax exemption to the unmarried surviving spouse of a person who, as a result of a service-connected injury or disease, died while on active duty in the military service and served in time of war or in time of peace in a campaign or expedition for which a medal has been issued by Congress. This law provides that the Veterans Administration shall determine whether an injury or disease is service-connected.

There are two alternatives by which a disabled veterans' property tax exemption may be granted:

Alternative 1: The exemption is available to an eligible owner of a dwelling which is occupied as the owner's principal place of residence as of 12:01 a.m. January 1 each year, or

Alternative 2: The exemption is available to an eligible owner of a dwelling subject to Supplemental Assessment(s) resulting from a change in ownership or completion of new construction on or after January 1 provided,

(a) The owner occupies or intends to occupy the property as his or her principal place of residence within 90 days after the change in ownership or completion of construction and,

(b) The property is not already receiving the disabled veteran's exemption or another property. tax exemption of greater value. If the property received an exemption of lesser value on the current roll, the difference in the amount between the two exemptions shall be applied to the Supplemental Assessment.

(c) The owner does not own other property, which is currently receiving the disabled veterans' exemption. Exemption under Alternative 2 will apply to the Supplemental Assessment(s), if any, and the full exemption will be allowed for the following fiscal year(s).

To obtain the exemption, the claimant must be an owner or co-owner, a purchaser named in a contract of sale, or a shareholder in a corporation where the rights of shareholding entitle the claimant to possession of a home owned by the corporation. The dwelling may be any. place of residence subject to property tax; a single-family residence, a structure containing more than one dwelling unit, a condominium or unit in a cooperative housing project, a houseboat, a manufactured home (mobilehome), land you own on which you live in a state-licensed trailer or manufactured home (mobilehome), and the cabana for such a trailer or manufactured home (mobilehome). A dwelling does not qualify for the exemption if it is, or is intended to be, rented, vacant and unoccupied, or the vacation or secondary home of the claimant.

If the disabled veterans' exemption is granted and the property later becomes ineligible for the exemption, you are responsible for notifying the Assessor of that fact immediately. Section 279.5 of the Revenue and Taxation Code provides for a penalty of 25 percent of the escape assessment added for failure to notify the Assessor when the property is no longer eligible for the exemption. You will be sent a notice on or shortly after January 1 each year to ascertain whether you have retained your eligibility. To avoid the penalty, you must so notify the Assessor by the following June 30.

Once granted, the $100,000 Exemption remains in effect until terminated. Annual filing is required where the $150,000 Exemption is claimed. Once terminated, a new claim form must be obtained from and filed with the Assessor to regain eligibility.

DEADLINES FOR TIMELY FILINGS

Alternative 1: The full exemption is available if the filing is made by 5 p.m. on February 15. If a claim for the exemption is filed after that time but by 5 p.m. on December 10, 90 percent of the exemption is available. For claims filed after that time, 85 percent of the exemption is available. If a late filed claim is made for the $150,000 exemption, in conjunction with a timely filed claim for the $100,000 exemption, a claimant shall qualify for 90 percent or 85 percent of the additional exemption amount (i.e., 90 percent or 85 percent of $150,000 less $100,000).

Alternative 2: The full exemption (up to the amount of the supplemental assessment), if any, is available if the filing is made by 5 p.m. on the 30th day following the Notice of Supplemental Assessment issued as a result of a change in ownership or completed new construction. If a claim is filed after the 30th day following the date of the Notice of Supplemental Assessment but on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, 80 percent of the exemption available may be allowed. Thereafter, no exemption is available on the supplemental assessment.

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