Revision: Dec. 12, 2017, 12:50 p.m.
SB 405 - AS INTRODUCED
2018 SESSION
18-2785
05/10
SENATE BILL 405
SPONSORS: Sen. Sanborn, Dist 9; Sen. Daniels, Dist 11; Sen. French, Dist 7; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Ward, Dist 8
COMMITTEE: Ways and Means
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ANALYSIS
This bill allows cities and towns to adopt a separate exemption against the statewide property tax for long-term residents over 65 years of age.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2785
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Property Taxation; Exemption Against State Education Property Tax for Certain Long-Term Residents. Amend RSA 72 by inserting after section 37-c the following new section:
72:37-d Exemption Against State Education Property Tax for Certain Long-Term Residents. A municipality may, by vote of the local legislative body, adopt an exemption to apply only against the state education property tax under RSA 76:3 for eligible property owners 65 years of age and older who have owned their primary residence and have lived in the municipality for at least 30 consecutive years. The exemption for long-term residents, if adopted by the municipality pursuant to RSA 72:27-a, shall apply to the first $100,000 of assessed value. An otherwise eligible property owner who moves within the municipality shall continue to be eligible for the exemption.
2 Property Taxation; Definitions; Ownership of Real Estate. Amend RSA 72:29, VI to read as follows:
VI. For purposes of RSA 72:28, 28-b, 29-a, 30, 31, 32, 33, 35, 36-a, 37, 37-a, 37-b, 37-d, 38-a, 39-a, 62, 66, and 70, the ownership of real estate, as expressed by such words as "owner,'' "owned'' or "own,'' shall include those who have placed their property in a grantor/revocable trust or who have equitable title or the beneficial interest for life in the subject property.
3 Application Procedure. Amend RSA 72:33, I to read as follows:
I. No person shall be entitled to the exemptions or tax credits provided by RSA 72:28, 28-b, 29-a, 30, 31, 32, 35, 36-a, 37, 37-a, 37-b, 37-d, 38-b, 39-b, 62, 66, and 70 unless the person has filed with the selectmen or assessors, by April 15 preceding the setting of the tax rate, a permanent application therefor, signed under penalty of perjury, on a form approved and provided by the commissioner of revenue administration, showing that the applicant is the true and lawful owner of the property on which the exemption or tax credit is claimed and that the applicant was duly qualified upon April 1 of the year in which the exemption or tax credit is first claimed, or, in the case of financial qualifications, that the applicant is duly qualified at the time of application. The form shall include the following and such other information deemed necessary by the commissioner:
4 Appeal. Amend RSA 72:34-a to read as follows:
72:34-a Appeal From Refusal to Grant Exemption, Deferral, or Tax Credit. Whenever the selectmen or assessors refuse to grant an applicant an exemption, deferral, or tax credit to which the applicant may be entitled under the provisions of RSA 72:23, 23-d, 23-e, 23-f, 23-g, 23-h, 23-i, 23-j, 23-k, 28, 28-b, 29-a, 30, 31, 32, 35, 36-a, 37, 37-a, 37-b, 37-d, 38-a, 38-b, 39-a, 39-b, 41, 42, 62, 66, or 70 the applicant may appeal in writing, on or before September 1 following the date of notice of tax under RSA 72:1-d, to the board of tax and land appeals or the superior court, which may order an exemption, deferral, or tax credit, or an abatement if a tax has been assessed.
5 Property Taxation; Commissioner of Revenue Administration. Amend RSA 72:36, I to read as follows:
I. The commissioner's interpretation of RSA 72:28, 72:28-b, 72:29, 72:29-a, 72:30, 72:31, 72:32, 72:33, 72:34, 72:34-a, 72:35, 72:36-a, 72:37, 72:37-a, 72:37-b, 72:37-d, 72:38-a, 72:38-b, 72:39-a, 72:39-b, 72:41, 72:62, 72:66, and 72:70; and