HB1216 (2018) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 Persons and Property Liable to Taxation; Tax Deferral for Elderly and Disabled; Repayment of Taxes Deferred Prior to Foreclosure. Amend RSA 72:38-a, III to read as follows:

III. If the property is subject to a mortgage, the owner must have the mortgage holder's approval of the tax deferral. Such approval does not grant the town a preferential lien; however, if the property owner dies and the mortgage holder forecloses, the mortgage holder shall pay the deferred taxes plus any interest due in full and the municipality shall provide a recorded written release or satisfaction of the notice of tax deferral prior to sale of the property.

2 New Paragraph; Tax Deferral for Elderly and Disabled; Prior Payment. Amend RSA 72:38-a by inserting after paragraph VI the following new paragraph:

VII. Prior payment of the taxes by either the taxpayer or by a third party shall not be a ground for denial if the taxpayer is otherwise eligible for the deferral. If the assessing officials grant a deferral after the taxes have been paid, the assessing officials shall issue a check in the amount of the deferred taxes, plus interest, to the person or entity who paid the taxes.

3 Abatement; By Selectmen or Assessors; Prior Payment. Amend RSA 76:16, II to read as follows:

II. Upon receipt of an application under paragraph I(b), the selectmen or assessors shall review the application and shall grant, for good cause shown, or deny the application in writing by July 1 after notice of tax date under RSA 76:1-a. The failure to respond shall constitute denial. Prior payment of the tax by a third party shall not be a ground to deny the application if the taxpayer is otherwise eligible for abatement. All such written decisions shall be sent by first class mail to the taxpayer and shall include a notice of the appeal procedure under RSA 76:16-a and RSA 76:17 and of the deadline for such an appeal. The board of tax and land appeals shall prepare a form for this purpose. Municipalities may, at their option, require the taxpayer to furnish a self-addressed envelope with sufficient postage for the mailing of this written decision.

4 Effective Date.

I. Section 1 of this act shall take effect January 1, 2019.

II. The remainder of this act shall take effect April 1, 2018.

Changed Version

Text to be added highlighted in green.

1 Persons and Property Liable to Taxation; Tax Deferral for Elderly and Disabled; Repayment of Taxes Deferred Prior to Foreclosure. Amend RSA 72:38-a, III to read as follows:

III. If the property is subject to a mortgage, the owner must have the mortgage holder's approval of the tax deferral. Such approval does not grant the town a preferential lien; however, if the property owner dies and the mortgage holder forecloses, the mortgage holder shall pay the deferred taxes plus any interest due in full and the municipality shall provide a recorded written release or satisfaction of the notice of tax deferral prior to sale of the property.

2 New Paragraph; Tax Deferral for Elderly and Disabled; Prior Payment. Amend RSA 72:38-a by inserting after paragraph VI the following new paragraph:

VII. Prior payment of the taxes by either the taxpayer or by a third party shall not be a ground for denial if the taxpayer is otherwise eligible for the deferral. If the assessing officials grant a deferral after the taxes have been paid, the assessing officials shall issue a check in the amount of the deferred taxes, plus interest, to the person or entity who paid the taxes.

3 Abatement; By Selectmen or Assessors; Prior Payment. Amend RSA 76:16, II to read as follows:

II. Upon receipt of an application under paragraph I(b), the selectmen or assessors shall review the application and shall grant, for good cause shown, or deny the application in writing by July 1 after notice of tax date under RSA 76:1-a. The failure to respond shall constitute denial. Prior payment of the tax by a third party shall not be a ground to deny the application if the taxpayer is otherwise eligible for abatement. All such written decisions shall be sent by first class mail to the taxpayer and shall include a notice of the appeal procedure under RSA 76:16-a and RSA 76:17 and of the deadline for such an appeal. The board of tax and land appeals shall prepare a form for this purpose. Municipalities may, at their option, require the taxpayer to furnish a self-addressed envelope with sufficient postage for the mailing of this written decision.

4 Effective Date.

I. Section 1 of this act shall take effect January 1, 2019.

II. The remainder of this act shall take effect April 1, 2018.