SENATE, No. 2929

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED JUNE 6, 2011

 


 

Sponsored by:

Senator† JIM WHELAN

District 2 (Atlantic)

Senator† JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

†††† Permits veteranís property tax deduction for tax year when veteran was previously qualified to receive deduction and became owner of real property after October 1 of pretax year.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning eligibility criteria for the veteranís property tax deduction and amending P.L.1963, c.171.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† Section 6 of P.L.1963, c.171 (C.54:4-8.15) is amended to read as follows:

†††† 6.††† a.† Every fact essential to support a claim for a veteran's deduction hereunder shall exist on October 1 of the pretax year and in the case of an application by a veteran such application shall establish that the claimant was, on October 1 of the pretax year, (a) a veteran, as herein defined, (b) the owner of the legal title to the property as to which the veteran's deduction is claimed and (c) a citizen and resident of this State and, in the case of an application by a surviving spouse, as herein defined, such application shall establish that the surviving spouse was, on October 1 of the pretax year, (a) the owner of the legal title to the property as to which the veteran's deduction is claimed, (b) that he or she has not remarried and (c) that he or she is a resident of this State.† For purposes of establishing a claim, a tenant shareholder in a cooperative or a mutual housing corporation shall be deemed the owner of legal title to his proportionate share of the taxable value of the real property of the corporation or any other entity holding title.

†††† b.††† Notwithstanding the requirement in subsection a. of this section that a veteran shall be the owner of the legal title to the property as to which the veteran's deduction is claimed on October 1 of the pretax year, a veteran who becomes the owner of the legal title to a parcel of real property after October 1 of the pretax year, but not after December 31 of the pretax year, shall be eligible to receive the veteranís property tax deduction for the tax year as long as the veteran was eligible to receive the veteranís property tax deduction on any other parcel of real property in the State prior to October 1 of the pretax year.

(cf:† P.L.1989, c.252, s.6)

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill would allow a veteran who becomes the owner of the legal title to a parcel of real property after October 1 of the pretax year to be eligible to receive the veteranís property tax deduction on that parcel of real property for the tax year as long as the veteran was eligible to receive that property tax deduction on any other parcel of real property in the State prior to October 1 of the pretax year.

†††† Under current law, a veteran must be the owner of the legal title to the property as to which a veteran's property tax deduction is claimed on October 1 of the pretax year in order to be eligible to receive that property tax deduction for the tax year beginning the next January 1st.† Sometimes, due to delays in the property sale and settlement process, a veteran who is currently eligible for the deduction may not be eligible to continue to receive a property tax deduction the following year after the purchase of another real property if the settlement process is delayed past October 1st.† It is the intent of the sponsor that a qualified veteran should continue to receive a veteranís property tax deduction as long as he or she is the owner of the real property for which the deduction is claimed on January 1 of the tax year.