§ 44-3-16.2 North Smithfield – Taxstabilization for certain persons age sixty-five (65) and over. – (1) "Qualified senior" for the purpose of this section means any person whoshall satisfy the criteria in subsection (A)(i) or (ii) or (iii); and all ofthe criteria of subsections (B) – (J) inclusive:
(A) who is age sixty-five (65) or more if single or widowed;
(ii) who, if married, at least one taxpayer who has attainedage sixty-five (65) as long as the taxpayers' spouse is at least fifty (50)years of age;
(iii) who, if widowed, over age fifty (50) whose spouse wasat least age sixty-five (65) prior to death and either spouse was a participantunder this ordinance prior to death;
(B) whose home is a single family home (condominium ownershipnot eligible);
(C) whose North Smithfield home is the taxpayer's principleresidence and that of the spouse (if living);
(D) who is a resident of the State of Rhode Island for incometax purposes, as is the spouse (if living);
(E) who is not a registered voter of any other city, town orpolitical subdivision of Rhode Island or any other state, nor is the spouse (ifliving);
(F) who has resided in the principle residence for the pastseven (7) years, as has the spouse (if living);
(G) whose real estate tax previously billed is not delinquentby more than four (4) quarters;
(H) who would otherwise qualify but has been forced torelocate residence through no fault of the taxpayer (e.g., in cases of fire,natural disaster or taking of property by eminent domain by a state or localgovernment);
(I) whose real estate tax bill is more than five percent (5%)of the total income of the taxpayer, or, if living, of both spouses. "Totalincome" means the total of adjusted gross income per US individual income taxreturn, Form 1040, 1040-A (or the like) plus non-taxable income such asnon-taxed social security benefits, welfare benefits, child support receipts,municipal bond interest receipts and other non-taxable items of income;
(J) who completes the application process and who atteststhat the individual meets, or, if living, both spouses meet all of thequalifications as outlined above.
(2) "Frozen Yearly Tax" for the purpose of this section meansthe amounts otherwise due for the assessment date of the year in which thetaxpayer turned age sixty-four (64), or the year of the date of firstapplication to the program whichever is later in time, and the tax assessed thefollowing July.
(3) "Deferred Amount" for the purpose of this section meansas the difference between the frozen yearly tax and the amount of tax thatwould otherwise be due and payable if the applicant did not qualify under thisprogram.
(4) "Disqualifying Event" for the purpose of this sectionmeans to include any and all of the following:
(A) Sale of the property;
(B) Transfer of the property to a family member without lifetenancy;
(C) The point in time when the property ceases to be thetaxpayer's principle residence;
(D) Written request by the applicant to be removed from theprogram; or
(E) Any property whose square footage living space isincreased since application and acceptance under this ordinance.
(b) Freeze on rate and valuation, and deferral of tax:
(1) The town council of the town of North Smithfield may, byordinance, establish a freeze on the rate and valuation of taxes on theprinciple residence of a qualified senior located in the town of NorthSmithfield.
(2) Upon proper application, approved by the administrator orhis/her designee, the assessment and tax will be frozen at the frozen yearlytax. The deferred amount will be deferred, without the accumulation ofinterest, until the occurrence of a disqualifying event.
(3) A deferral under this ordinance shall not be disallowedif the owner applicant has only a life estate in the property or if theproperty is in the name of a parent or one or more children or in a trust forthe benefit of the otherwise qualified resident and the owners submit anaffidavit that the qualified resident is the principle owner or presentbeneficiary and title is held in that manner for estate planning purposes only.
(4) A deferral is not allowed for any improvement foroutbuildings such as garages or storage sheds, attached or not, to theprinciple residence once application and acceptance into the tax freeze programoccurs.
(1) The taxpayer shall initially apply for eligibility in thetax stabilization program between the dates of January 1 and March 31, fortaxes assessed the following July of that year. After initial approval, thetaxpayer must sign each year thereafter a statement attesting to the fact thatthe taxpayer and the spouse continue to qualify under the ordinance provisions.
(2) Participation is optional at the taxpayer's option.
(3) Failure to file subsequent statements of eligibility; orthe occurrence of a disqualifying event of a temporary nature; or theelimination of a disqualifying event that no longer applies, shall requirere-entry into the program and full reapplication and recertification, and shallnullify the freeze and any deferral for the tax year in which the disqualifyingevent occurred, and past deferred amounts shall be due under subsection (e). Insuch case, the frozen yearly tax shall be calculated as of the year of re-entryinto the program.
(1) All properties subject to the tax freeze and deferralprogram will have the deferral noted on the deed and the deferral will beregistered and recorded with the North Smithfield town clerk. Normal recordingfees will apply.
(2) All taxes deferred shall constitute a lien on the realestate for which the deferment was granted until paid in accordance with theprovisions ordinance.
(1) All deferrals must be paid in full within six (6) monthsof a disqualifying event in the case of a death of the legal owner of theproperty, at closing and conveyance in the event of a sale and within three (3)months of any other disqualifying event.
(2) Failure to report the disqualifying event, and/or to paythe deferral tax when due, will carry a maximum penalty of one hundred dollars($100) per month, or portion thereof, and applicable interest on the currentlyassessed tax without regard to the freeze provisions contained herein. Interestwill be assessed and due in the same manner as other past due tax receivablesand will apply to all amounts previously deferred as well as current amountsdue.
(f) Appeal: Appeals of all decisions as to theapplication, administration, eligibility or other matter relating to thisordinance shall be made in writing to the North Smithfield town council.
(g) Severability: If any provision of this chapter orthe application thereof to any person or circumstances is held invalid, suchinvalidity shall not affect other provisions or applications of the chapter,which can be given effect without the invalid provision or application, and tothis end the provisions of this chapter are declared to be severable.
§ 44-3-16.2 North Smithfield – Taxstabilization for certain persons age sixty-five (65) and over. – (1) "Qualified senior" for the purpose of this section means any person whoshall satisfy the criteria in subsection (A)(i) or (ii) or (iii); and all ofthe criteria of subsections (B) – (J) inclusive:
(A) who is age sixty-five (65) or more if single or widowed;
(ii) who, if married, at least one taxpayer who has attainedage sixty-five (65) as long as the taxpayers' spouse is at least fifty (50)years of age;
(iii) who, if widowed, over age fifty (50) whose spouse wasat least age sixty-five (65) prior to death and either spouse was a participantunder this ordinance prior to death;
(B) whose home is a single family home (condominium ownershipnot eligible);
(C) whose North Smithfield home is the taxpayer's principleresidence and that of the spouse (if living);
(D) who is a resident of the State of Rhode Island for incometax purposes, as is the spouse (if living);
(E) who is not a registered voter of any other city, town orpolitical subdivision of Rhode Island or any other state, nor is the spouse (ifliving);
(F) who has resided in the principle residence for the pastseven (7) years, as has the spouse (if living);
(G) whose real estate tax previously billed is not delinquentby more than four (4) quarters;
(H) who would otherwise qualify but has been forced torelocate residence through no fault of the taxpayer (e.g., in cases of fire,natural disaster or taking of property by eminent domain by a state or localgovernment);
(I) whose real estate tax bill is more than five percent (5%)of the total income of the taxpayer, or, if living, of both spouses. "Totalincome" means the total of adjusted gross income per US individual income taxreturn, Form 1040, 1040-A (or the like) plus non-taxable income such asnon-taxed social security benefits, welfare benefits, child support receipts,municipal bond interest receipts and other non-taxable items of income;
(J) who completes the application process and who atteststhat the individual meets, or, if living, both spouses meet all of thequalifications as outlined above.
(2) "Frozen Yearly Tax" for the purpose of this section meansthe amounts otherwise due for the assessment date of the year in which thetaxpayer turned age sixty-four (64), or the year of the date of firstapplication to the program whichever is later in time, and the tax assessed thefollowing July.
(3) "Deferred Amount" for the purpose of this section meansas the difference between the frozen yearly tax and the amount of tax thatwould otherwise be due and payable if the applicant did not qualify under thisprogram.
(4) "Disqualifying Event" for the purpose of this sectionmeans to include any and all of the following:
(A) Sale of the property;
(B) Transfer of the property to a family member without lifetenancy;
(C) The point in time when the property ceases to be thetaxpayer's principle residence;
(D) Written request by the applicant to be removed from theprogram; or
(E) Any property whose square footage living space isincreased since application and acceptance under this ordinance.
(b) Freeze on rate and valuation, and deferral of tax:
(1) The town council of the town of North Smithfield may, byordinance, establish a freeze on the rate and valuation of taxes on theprinciple residence of a qualified senior located in the town of NorthSmithfield.
(2) Upon proper application, approved by the administrator orhis/her designee, the assessment and tax will be frozen at the frozen yearlytax. The deferred amount will be deferred, without the accumulation ofinterest, until the occurrence of a disqualifying event.
(3) A deferral under this ordinance shall not be disallowedif the owner applicant has only a life estate in the property or if theproperty is in the name of a parent or one or more children or in a trust forthe benefit of the otherwise qualified resident and the owners submit anaffidavit that the qualified resident is the principle owner or presentbeneficiary and title is held in that manner for estate planning purposes only.
(4) A deferral is not allowed for any improvement foroutbuildings such as garages or storage sheds, attached or not, to theprinciple residence once application and acceptance into the tax freeze programoccurs.
(1) The taxpayer shall initially apply for eligibility in thetax stabilization program between the dates of January 1 and March 31, fortaxes assessed the following July of that year. After initial approval, thetaxpayer must sign each year thereafter a statement attesting to the fact thatthe taxpayer and the spouse continue to qualify under the ordinance provisions.
(2) Participation is optional at the taxpayer's option.
(3) Failure to file subsequent statements of eligibility; orthe occurrence of a disqualifying event of a temporary nature; or theelimination of a disqualifying event that no longer applies, shall requirere-entry into the program and full reapplication and recertification, and shallnullify the freeze and any deferral for the tax year in which the disqualifyingevent occurred, and past deferred amounts shall be due under subsection (e). Insuch case, the frozen yearly tax shall be calculated as of the year of re-entryinto the program.
(1) All properties subject to the tax freeze and deferralprogram will have the deferral noted on the deed and the deferral will beregistered and recorded with the North Smithfield town clerk. Normal recordingfees will apply.
(2) All taxes deferred shall constitute a lien on the realestate for which the deferment was granted until paid in accordance with theprovisions ordinance.
(1) All deferrals must be paid in full within six (6) monthsof a disqualifying event in the case of a death of the legal owner of theproperty, at closing and conveyance in the event of a sale and within three (3)months of any other disqualifying event.
(2) Failure to report the disqualifying event, and/or to paythe deferral tax when due, will carry a maximum penalty of one hundred dollars($100) per month, or portion thereof, and applicable interest on the currentlyassessed tax without regard to the freeze provisions contained herein. Interestwill be assessed and due in the same manner as other past due tax receivablesand will apply to all amounts previously deferred as well as current amountsdue.
(f) Appeal: Appeals of all decisions as to theapplication, administration, eligibility or other matter relating to thisordinance shall be made in writing to the North Smithfield town council.
(g) Severability: If any provision of this chapter orthe application thereof to any person or circumstances is held invalid, suchinvalidity shall not affect other provisions or applications of the chapter,which can be given effect without the invalid provision or application, and tothis end the provisions of this chapter are declared to be severable.
§ 44-3-16.2 North Smithfield – Taxstabilization for certain persons age sixty-five (65) and over. – (1) "Qualified senior" for the purpose of this section means any person whoshall satisfy the criteria in subsection (A)(i) or (ii) or (iii); and all ofthe criteria of subsections (B) – (J) inclusive:
(A) who is age sixty-five (65) or more if single or widowed;
(ii) who, if married, at least one taxpayer who has attainedage sixty-five (65) as long as the taxpayers' spouse is at least fifty (50)years of age;
(iii) who, if widowed, over age fifty (50) whose spouse wasat least age sixty-five (65) prior to death and either spouse was a participantunder this ordinance prior to death;
(B) whose home is a single family home (condominium ownershipnot eligible);
(C) whose North Smithfield home is the taxpayer's principleresidence and that of the spouse (if living);
(D) who is a resident of the State of Rhode Island for incometax purposes, as is the spouse (if living);
(E) who is not a registered voter of any other city, town orpolitical subdivision of Rhode Island or any other state, nor is the spouse (ifliving);
(F) who has resided in the principle residence for the pastseven (7) years, as has the spouse (if living);
(G) whose real estate tax previously billed is not delinquentby more than four (4) quarters;
(H) who would otherwise qualify but has been forced torelocate residence through no fault of the taxpayer (e.g., in cases of fire,natural disaster or taking of property by eminent domain by a state or localgovernment);
(I) whose real estate tax bill is more than five percent (5%)of the total income of the taxpayer, or, if living, of both spouses. "Totalincome" means the total of adjusted gross income per US individual income taxreturn, Form 1040, 1040-A (or the like) plus non-taxable income such asnon-taxed social security benefits, welfare benefits, child support receipts,municipal bond interest receipts and other non-taxable items of income;
(J) who completes the application process and who atteststhat the individual meets, or, if living, both spouses meet all of thequalifications as outlined above.
(2) "Frozen Yearly Tax" for the purpose of this section meansthe amounts otherwise due for the assessment date of the year in which thetaxpayer turned age sixty-four (64), or the year of the date of firstapplication to the program whichever is later in time, and the tax assessed thefollowing July.
(3) "Deferred Amount" for the purpose of this section meansas the difference between the frozen yearly tax and the amount of tax thatwould otherwise be due and payable if the applicant did not qualify under thisprogram.
(4) "Disqualifying Event" for the purpose of this sectionmeans to include any and all of the following:
(A) Sale of the property;
(B) Transfer of the property to a family member without lifetenancy;
(C) The point in time when the property ceases to be thetaxpayer's principle residence;
(D) Written request by the applicant to be removed from theprogram; or
(E) Any property whose square footage living space isincreased since application and acceptance under this ordinance.
(b) Freeze on rate and valuation, and deferral of tax:
(1) The town council of the town of North Smithfield may, byordinance, establish a freeze on the rate and valuation of taxes on theprinciple residence of a qualified senior located in the town of NorthSmithfield.
(2) Upon proper application, approved by the administrator orhis/her designee, the assessment and tax will be frozen at the frozen yearlytax. The deferred amount will be deferred, without the accumulation ofinterest, until the occurrence of a disqualifying event.
(3) A deferral under this ordinance shall not be disallowedif the owner applicant has only a life estate in the property or if theproperty is in the name of a parent or one or more children or in a trust forthe benefit of the otherwise qualified resident and the owners submit anaffidavit that the qualified resident is the principle owner or presentbeneficiary and title is held in that manner for estate planning purposes only.
(4) A deferral is not allowed for any improvement foroutbuildings such as garages or storage sheds, attached or not, to theprinciple residence once application and acceptance into the tax freeze programoccurs.
(1) The taxpayer shall initially apply for eligibility in thetax stabilization program between the dates of January 1 and March 31, fortaxes assessed the following July of that year. After initial approval, thetaxpayer must sign each year thereafter a statement attesting to the fact thatthe taxpayer and the spouse continue to qualify under the ordinance provisions.
(2) Participation is optional at the taxpayer's option.
(3) Failure to file subsequent statements of eligibility; orthe occurrence of a disqualifying event of a temporary nature; or theelimination of a disqualifying event that no longer applies, shall requirere-entry into the program and full reapplication and recertification, and shallnullify the freeze and any deferral for the tax year in which the disqualifyingevent occurred, and past deferred amounts shall be due under subsection (e). Insuch case, the frozen yearly tax shall be calculated as of the year of re-entryinto the program.
(1) All properties subject to the tax freeze and deferralprogram will have the deferral noted on the deed and the deferral will beregistered and recorded with the North Smithfield town clerk. Normal recordingfees will apply.
(2) All taxes deferred shall constitute a lien on the realestate for which the deferment was granted until paid in accordance with theprovisions ordinance.
(1) All deferrals must be paid in full within six (6) monthsof a disqualifying event in the case of a death of the legal owner of theproperty, at closing and conveyance in the event of a sale and within three (3)months of any other disqualifying event.
(2) Failure to report the disqualifying event, and/or to paythe deferral tax when due, will carry a maximum penalty of one hundred dollars($100) per month, or portion thereof, and applicable interest on the currentlyassessed tax without regard to the freeze provisions contained herein. Interestwill be assessed and due in the same manner as other past due tax receivablesand will apply to all amounts previously deferred as well as current amountsdue.
(f) Appeal: Appeals of all decisions as to theapplication, administration, eligibility or other matter relating to thisordinance shall be made in writing to the North Smithfield town council.
(g) Severability: If any provision of this chapter orthe application thereof to any person or circumstances is held invalid, suchinvalidity shall not affect other provisions or applications of the chapter,which can be given effect without the invalid provision or application, and tothis end the provisions of this chapter are declared to be severable.
