Sec. 12-129b. Real property tax relief for certain persons sixty-five years of age or over.
Sec. 12-129b. Real property tax relief for certain persons sixty-five years of
age or over. (a) An owner of real property or any tenant for life or for a term of years
liable for property taxes under section 12-48 who meets the qualifications stated in this
subsection shall be entitled to pay the tax levied on said property, calculated in accordance with the provisions of subsection (b) for the first year his claim for said tax relief
is filed and approved in accordance with the provisions of section 12-129c, and he shall
be entitled to continue to pay the amount of said tax or such lesser amount as may be
levied in any year, without regard to the provisions of this section and section 12-129c,
during each subsequent year that he shall meet said qualifications, and the surviving
spouse of such owner or tenant, qualified in accordance with the requirements pertaining
to a surviving spouse in this subsection, or any owner or tenant possessing a joint interest
in said property with such owner at the time of such owner's death and qualified at such
time in accordance with the requirements in this subsection, shall be entitled to continue
to pay the amount of said tax or such lesser amount as may be levied in any year, without
regard to the provisions of this section and section 12-129c, as it becomes due each year
following the death of such owner for as long as such surviving spouse or joint owner
or joint tenant is qualified in accordance with the requirements in this subsection. After
the first year a claim for said tax relief is filed and approved, application for said tax
relief shall be filed biennially on a form prepared for such purpose by the Secretary of
the Office of Policy and Management. No such owner or tenant may qualify for said
tax relief if such claim is filed after May 15, 1980. Any such owner or tenant who is
qualified in accordance with this section and who files such claim on or before May 15,
1980, and any such surviving spouse or joint owner or joint tenant surviving upon the
death of such owner or tenant, shall be entitled to pay said tax in the amount as provided
in this section for so long as such owner or tenant or such surviving spouse or joint
owner or joint tenant continues to be so qualified. To qualify for the tax relief provided
in this section a taxpayer shall meet all the following requirements: (1) Be sixty-five
years of age or over, or his spouse, who is domiciled with him, shall be sixty-five years
or over, or be fifty years of age or over and the surviving spouse of a taxpayer who at
the time of his death had qualified and was entitled to tax relief under this section and
section 12-129c, provided such spouse was domiciled with such taxpayer at the time of
his death, and (2) occupy said real property as his home, and (3) either he or his spouse
shall have resided within this state for at least one year before filing his claim under this
section and section 12-129c, and (4) have had adjusted gross income as determined
under the Internal Revenue Code of 1986, or any subsequent corresponding internal
revenue code of the United States, as from time to time amended, during the calendar
year preceding the filing of his claim in an amount of not more than three thousand
dollars if he shall be unmarried, or have adjusted gross income as determined under the
Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended, during the calendar year preceding
the filing of the claim in an amount of not more than five thousand dollars if he shall
be married and domiciled with his spouse or, on or after April 9, 1974, individually,
if unmarried, or jointly if married, adjusted gross income and tax-exempt interest as
determined under the Internal Revenue Code of 1986, or any subsequent corresponding
internal revenue code of the United States, as from time to time amended, which is
qualifying income, during the calendar year preceding the filing of the claim in an
amount of not more than six thousand dollars. Notwithstanding provisions of the Internal
Revenue Code under which certain portions of railroad retirement annuities are considered taxable income, for purposes of this subdivision the adjusted gross income of any
such taxpayer for any income year commencing on or after January 1, 1984, shall not
include any portion of such taxpayer's income from railroad retirement annuities received under the Railroad Retirement Act, exclusive of any such income payable in
accordance with the supplemental annuity provisions of said act. Notwithstanding any
provision of the Internal Revenue Code under which any portion of income received as
a pension from the United States Postal System is considered taxable income, for purposes of this subdivision the adjusted gross income of any such person for any income
year commencing on or after January 1, 1996, shall not include any portion of said
pension. A person who received pension income in the 1996 calendar year from the
United States Postal System and who filed an application under subsection (e) of section
12-170aa prior to May 15, 1997, in lieu of filing an application under section 12-129c,
shall be allowed to file an application under said section 12-129c with respect to income
received during the 1996 calendar year, provided such application is filed prior to August
1, 1998. Notwithstanding the provisions of this section and subsection (c) of section
12-129b, the assessor of the town in which such person resides shall, upon approving
such application, reinstate such person's tax relief benefits under this section, as of the
1996 grand list, and shall notify the tax collector to remove any property tax credit under
section 12-170aa that is reflected on such person's rate bill for that assessment year.
(b) The tax on the real property for which the benefits under this section are claimed
shall be calculated by multiplying the assessed value, less one thousand dollars, of said
property for the year 1966 or for any subsequent year in which the taxpayer first files
and has approved a claim under this section and section 12-129c, by the applicable mill
rate of that year for the general property tax, exclusive of any special tax levy, except
that, if such property is located in more than one town, the tax payable to the town of
the taxpayer's voting residence shall be so calculated and the tax payable to the other
town or towns in which such property is located shall be calculated by multiplying the
assessed value of said property for the year 1968 or for any subsequent year in which
a taxpayer first files and has approved a claim under this section and section 12-129c
by the applicable mill rate of such general property tax of that year. If title to real property
is recorded in the name of the person or the spouse making a claim and qualifying under
said sections and any other person or persons, the claimant hereunder shall be entitled
to pay the claimant's fractional share of the tax on such property calculated in accordance
with the provisions of this section, and such other person or persons shall pay the person's
or persons' fractional share of the tax without regard for the provisions of said sections.
For the purposes of this section, a "mobile manufactured home", as defined in section
12-63a, shall be deemed to be real property.
(c) If an owner of real property has qualified and received tax relief under this
section and section 12-129c and subsequently has adjusted gross income in excess of
the maximum as described in this section, he shall notify the municipal tax assessor on
or before the next assessment date and shall be denied tax relief under this section for
such assessment year and thereafter. Any person who fails to notify the municipal tax
assessor of such disqualification shall be fined not more than five hundred dollars.
(d) If any person with respect to whom a claim for tax relief in accordance with
this section and section 12-129c has been approved for any assessment year transfers,
assigns, grants or otherwise conveys subsequent to the first day of October, but prior
to the first day of August in such assessment year the interest in real property to which
such claim for tax relief is related, regardless of whether such transfer, assignment,
grant or conveyance is voluntary or involuntary, the amount of such tax relief benefit,
determined as the amount by which the tax payable without benefit of this section exceeds the tax payable under the provisions of this section, shall be a pro rata portion of
the amount otherwise applicable in such assessment year to be determined by a fraction
the numerator of which shall be the number of full months from the first day of October
in such assessment year to the date of such conveyance and the denominator of which
shall be twelve. If such conveyance occurs in the month of October the grantor shall be
disqualified for such tax relief in such assessment year. The grantee shall be required
within a period not exceeding ten days immediately following the date of such conveyance to notify the assessor thereof, or in the absence of such notice, upon determination
by the assessor that such transfer, assignment, grant or conveyance has occurred, the
assessor shall (1) determine the amount of tax relief benefit to which the grantor is
entitled for such assessment year with respect to the interest in real property conveyed
and notify the tax collector of the reduced amount of such benefit and (2) notify the
Secretary of the Office of Policy and Management on or before the October first next
following the end of the assessment year in which such conveyance occurs of the reduction in such benefit for purposes of a corresponding adjustment in the amount of state
payment to the municipality next following as reimbursement for the revenue loss related
to such tax relief. On or after December 1, 1989, any municipality which neglects to
transmit to the Secretary of the Office of Policy and Management the adjustment as
required by this section shall forfeit two hundred fifty dollars to the state, provided
said secretary may waive such forfeiture in accordance with procedures and standards
adopted by regulation in accordance with chapter 54. Upon receipt of such notice from
the assessor, the tax collector shall, if such notice is received after the tax due date in
the municipality, within ten days thereafter mail or hand a bill to the grantee stating the
additional amount of tax due as determined by the assessor or assessors. Such tax shall
be due and payable and collectible as other property taxes and subject to the same liens
and processes of collection, provided such tax shall be due and payable in an initial or
single installment not sooner than thirty days after the date such bill is mailed or handed
to the grantee and in equal amounts in any remaining, regular installments as the same
are due and payable.
(1967, P.A. 755, S. 1; 1969, P.A. 338, S. 1; 673, S. 1; 814, S. 2; 1971, P.A. 632, S. 2; 749; 1972, P.A. 253, S. 1; P.A.
74-55, S. 3, 4, 14; P.A. 76-383, S. 1, 2; P.A. 79-498, S. 1, 4; 79-514, S. 1, 4; 79-630; P.A. 80-139, S. 1, 2; 80-391, S. 1, 6;
80-463, S. 4, 6; P.A. 81-60, S. 1; 81-244, S. 1, 2; P.A. 83-409, S. 1; June Sp. Sess. P.A. 83-3, S. 1; P.A. 84-515, S. 6, 7;
P.A. 87-586, S. 6, 12; P.A. 89-211, S. 21; P.A. 90-73, S. 2, 5; P.A. 96-180, S. 20, 166; P.A. 98-262, S. 19, 22; P.A. 99-89,
S. 4, 10.)
History: 1969 acts added exception in Subsec. (b) re property located in more than one town, amended Subsec. (b) to
allow multiplication by subsequent reduced rate, and to classify mobile homes as real property and substituted "adjusted
gross income as determined under the Internal Revenue Code of 1954" for gross income from all sources; 1971 acts
amended Subsec. (b) to specify that applicable mill rate is rate for general property tax exclusive of special tax levy,
included tenants for life or for term of years liable for property taxes under Sec. 12-48 under provisions of section and
substituted "taxpayer" for "owner" to reflect tenants' inclusion; 1972 act amended Subsec. (a)(3) to clarify language and
added Subsecs. (c) and (d) re tax relief for surviving spouse and re procedure in cases where recipient becomes ineligible
because income limit exceeded; P.A. 74-55 amended Subsec. (a) to raise income limit to $6,000 as of April 9, 1974, and
amended Subsec. (b) to add provision for calculation of benefits during year in which municipality adopts uniform fiscal
year; P.A. 76-383 made payment at reduced rate applicable only to claims filed for the first time and approved before June
1, 1976; P.A. 79-498 amended Subsec. (a) to require surviving spouse to be at least 50 years old for benefits to continue
and to have been domiciled with deceased recipient at time of death, deleted Subsec. (c) which had required only that
surviving spouse be at least sixty and relettered Subsec. (d) accordingly, effective July 1, 1979, and applicable to assessment
years commencing on or after October 1, 1978; P.A. 79-514 changed residency requirement in Subsec. (a) from 5 years
to 1 year; P.A. 79-630 added provisions that as of October 1, 1979, reduction in rate is not to include any reduction in rate
during years in which revaluation becomes effective; P.A. 80-139 repealed provisions enacted in P.A. 79-630 and extended
allowance for reduction in rates to all rather than limiting it to those whose claims were first filed and approved before
June 1, 1976, effective May 6, 1980, and applicable to taxes levied in any town on assessment list for 1979 and each
assessment list thereafter; P.A. 80-391 deleted reference to Sec. 12-63a and required biennial filing for continued relief,
effective May 29, 1980, and applicable in any town to assessment year commencing October 1, 1980, and each assessment
year thereafter; P.A. 80-463 placed May 15, 1980 as cut off for viable applications for tax relief, effective June 6, 1980,
and applicable to homeowners for assessment year in any town commencing October 1, 1980, and each assessment year
thereafter; P.A. 81-60 added Subsec. (d) concerning a reduction in benefit for the assessment year in which a homeowner's
residence is sold; P.A. 81-244 provided statutory authority for continuation of a deceased homeowner's tax freeze benefit
for a qualified surviving spouse or a qualified surviving joint owner and deleted provisions whereby once-eligible owner
becoming ineligible because income exceeds maximum allowed could apply for and receive relief subsequently; P.A. 83-409 amended Subsec. (d) to specify that conveyance need not be voluntary and to set a date for notification of the conveyance
to the secretary of the office of policy and management; June Sp. Sess. P.A. 83-3 changed term "mobile home" in Subsec.
(b) to "mobile manufactured home"; P.A. 84-515 amended Subsec. (a) by providing that qualifying income for purposes
of eligibility under said Subsec. (a) shall be determined without the inclusion in the taxpayer's adjusted gross income of
any portion of such taxpayer's income from railroad retirement annuities received under the Railroad Retirement Act,
exclusive of any income under the supplemental annuity provisions of said act; P.A. 87-586 amended Subsec. (d) to provide
for a forfeiture to the state by any municipality neglecting to transmit the information required for purposes of the adjustment
in the amount of state reimbursement to the municipality as a result of a conveyance of the dwelling with respect to which
property tax has been reduced as provided in this section; P.A. 89-211 clarified reference to the Internal Revenue Code of
1986; P.A. 90-73 amended Subsec. (d) by providing that proration of benefit for the assessment year shall not be applicable
in the event of conveyance of the real property to which such benefit is related in August or September of the year and
adding provision for waiver of forfeiture related to municipal failure to submit benefit adjustment information as required;
P.A. 96-180 made technical changes to conform section's division into subsecs. with customary statutory usage, effective
June 3, 1996; P.A. 98-262 amended Subsec. (a) to exclude income received from a United States Postal System pension
from adjusted gross income for purposes of Subdiv. (4) and extend filing date, effective June 8, 1998; P.A. 99-89 amended
Subsec. (b) by deleting obsolete provision re taxpayers in a municipality changing to a uniform fiscal year and making
technical changes, effective June 3, 1999.
See Sec. 12-129p re maximum benefits for any homeowner receiving tax relief under Sec. 12-129b.