58.1-3215 - Effective date; change in circumstances.
§ 58.1-3215. Effective date; change in circumstances.
A. An exemption or deferral enacted pursuant to § 58.1-3210 or 58.1-3211.1may be granted for any year following the date that the qualifying individualoccupying such dwelling and owning title or partial title thereto reaches theage of 65 years or for any year following the date the disability occurred.Changes in income, financial worth, ownership of property or other factorsoccurring during the taxable year for which an affidavit is filed and havingthe effect of exceeding or violating the limitations and conditions providedherein or by county, city or town ordinance shall nullify any exemption ordeferral for the remainder of the current taxable year and the taxable yearimmediately following. However, any locality may by ordinance provide aprorated exemption or deferral for the portion of the taxable year duringwhich the taxpayer qualified for such exemption or deferral.
B. An ordinance enacted pursuant to this article may provide that a change inownership to a spouse or a nonqualifying individual, when such changeresulted solely from the death of the qualifying individual, or a sale ofsuch property shall result in a prorated exemption or deferral for the thencurrent taxable year. The proceeds of the sale which would result in theprorated exemption or deferral shall not be included in the computation ofnet worth or income as provided in subsection A. Such prorated portion shallbe determined by multiplying the amount of the exemption or deferral by afraction wherein the number of complete months of the year such property wasproperly eligible for such exemption or deferral is the numerator and thenumber 12 is the denominator.
C. An ordinance enacted pursuant to this article may provide that anindividual who does not qualify for the exemption or deferral under thisarticle based upon the previous year's income limitations and financial worthlimitations, may nonetheless qualify for the current year by filing anaffidavit that clearly shows a substantial change of circumstances, that wasnot volitional on the part of the individual to become eligible for theexemption or deferral, and will result in income and financial worth levelsthat are within the limitations of the ordinance. The ordinance may imposeadditional conditions and require other information under this subsection.The locality may prorate the exemption or deferral from the date theaffidavit is submitted or any other date.
Any exemption or deferral under this subsection must be conditioned upon theindividual filing another affidavit after the end of the year in which theexemption or deferral was granted, within a period of time specified by thelocality, showing that the actual income and financial worth levels werewithin the limitations set by the ordinance. If the actual income andfinancial worth levels exceeded the limitations any exemption or deferralshall be nullified for the current taxable year and the taxable yearimmediately following.
(Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 616; 1973, c.496; 1974, c. 427; 1976, c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774, 776,777, 780, 788, 790; 1979, cc. 543, 544, 545, 563; 1980, cc. 656, 666, 673;1981, c. 434; 1982, cc. 123, 457; 1984, cc. 267, 675; 1987, cc. 525, 534;1989, c. 40; 2007, c. 357; 2008, c. 208.)