(a) A dwelling, including a unit in a multiple-unit dwelling | 12 |
and a manufactured home or mobile home taxed as real property | 13 |
pursuant to division (B) of section 4503.06 of the Revised Code, | 14 |
owned and occupied as a home by an individual whose domicile is in | 15 |
this state and who has not acquired ownership from a person, other | 16 |
than the individual's spouse, related by consanguinity or affinity | 17 |
for the purpose of qualifying for the real property tax reduction | 18 |
provided in section 323.152 of the Revised Code. | 19 |
(2) The homestead shall include so much of the land | 23 |
surrounding it, not exceeding one acre, as is reasonably necessary | 24 |
for the use of the dwelling or unit as a home. An owner includes a | 25 |
holder of one of the several estates in fee, a vendee in | 26 |
possession under a purchase agreement or a land contract, a | 27 |
mortgagor, a life tenant, one or more tenants with a right of | 28 |
survivorship, tenants in common, and a settlor of a revocable or | 29 |
irrevocable inter vivos trust holding the title to a homestead | 30 |
occupied by the settlor as of right under the trust. The tax | 31 |
commissioner shall adopt rules for the uniform classification and | 32 |
valuation of real property or portions of real property as | 33 |
homesteads. | 34 |
(C) "Permanently and totally disabled" means a person other | 38 |
than a disabled veteran who has, on the first day of January of | 39 |
the year of application for reduction in real estate taxes, some | 40 |
impairment in body or mind that makes the person unable to work at | 41 |
any substantially remunerative employment that the person is | 42 |
reasonably able to perform and that will, with reasonable | 43 |
probability, continue for an indefinite period of at least twelve | 44 |
months without any present indication of recovery therefrom or has | 45 |
been certified as permanently and totally disabled by a state or | 46 |
federal agency having the function of so classifying persons. | 47 |
(E) "Disabled veteran" means a person who is a veteran of the | 54 |
armed forces of the United States, including reserve components | 55 |
thereof, or of the national guard, who was honorably discharged | 56 |
with a service-connected total and permanent disability, and for | 57 |
whom a letter from the United States government or United States | 58 |
department of veterans affairs, or its predecessor or successor, | 59 |
has been issued certifying that the veteran is totally and | 60 |
permanently disabled from a service-connected disability. | 61 |
(2)(b) Real property taxes on a homestead owned and occupied, | 76 |
or a homestead in a housing cooperative occupied, by a person to | 77 |
whom division (A)(1) of this section applies shall be reduced for | 78 |
each year for which an application for the reduction has been | 79 |
approved. The reduction shall equal the greater of the reduction | 80 |
granted for the tax year preceding the first tax year to which | 81 |
this section applies pursuant to Section 803.06 of Am. Sub. H.B. | 82 |
119 of the 127th general assembly, if the taxpayer received a | 83 |
reduction for that preceding tax year, or the product of the | 84 |
following: | 85 |
(2) Real property taxes on a homestead owned and occupied, or | 99 |
a homestead in a housing cooperative occupied, by a disabled | 100 |
veteran shall be reduced for each year for which an application | 101 |
for the reduction has been approved. The reduction shall equal the | 102 |
product obtained by multiplying fifty thousand dollars of the true | 103 |
value of the property in money by the amounts described in | 104 |
divisions (A)(1)(a)(ii) to (iv) of this section. The reduction is | 105 |
in lieu of any reduction under section 323.158 of the Revised Code | 106 |
or division (A)(1) of this section. The reduction applies to only | 107 |
one homestead owned and occupied by a disabled veteran. | 108 |
If a homestead qualifies for a reduction in taxes under | 109 |
division (A)(2) of this section for the year in which the disabled | 110 |
veteran dies, and the disabled veteran is survived by a spouse who | 111 |
occupied the homestead when the disabled veteran died and who | 112 |
acquires ownership of the homestead or, in the case of a homestead | 113 |
that is a unit in a housing cooperative, continues to occupy the | 114 |
homestead, the reduction shall continue through the year in which | 115 |
the surviving spouse dies, ceases to own or occupy the homestead, | 116 |
or remarries. | 117 |
(B) To provide a partial exemption, real property taxes on | 118 |
any homestead, and manufactured home taxes on any manufactured or | 119 |
mobile home on which a manufactured home tax is assessed pursuant | 120 |
to division (D)(2) of section 4503.06 of the Revised Code, shall | 121 |
be reduced for each year for which an application for the | 122 |
reduction has been approved. The amount of the reduction shall | 123 |
equal two and one-half per cent of the amount of taxes to be | 124 |
levied on the homestead or the manufactured or mobile home after | 125 |
applying section 319.301 of the Revised Code. | 126 |
(D) The reductions in taxable value referred to in this | 133 |
section shall be applied solely as a factor for the purpose of | 134 |
computing the reduction of taxes under this section and shall not | 135 |
affect the total value of property in any subdivision or taxing | 136 |
district as listed and assessed for taxation on the tax lists and | 137 |
duplicates, or any direct or indirect limitations on indebtedness | 138 |
of a subdivision or taxing district. If after application of | 139 |
sections 5705.31 and 5705.32 of the Revised Code, including the | 140 |
allocation of all levies within the ten-mill limitation to debt | 141 |
charges to the extent therein provided, there would be | 142 |
insufficient funds for payment of debt charges not provided for by | 143 |
levies in excess of the ten-mill limitation, the reduction of | 144 |
taxes provided for in sections 323.151 to 323.159 of the Revised | 145 |
Code shall be proportionately adjusted to the extent necessary to | 146 |
provide such funds from levies within the ten-mill limitation. | 147 |
To obtain a reduction in real property taxes under division | 158 |
(A) of section 323.152 of the Revised Code, the occupant of a | 159 |
homestead in a housing cooperative shall file an application with | 160 |
the nonprofit corporation that owns and operates the housing | 161 |
cooperative, in accordance with this paragraph. Not later than the | 162 |
first day of March each year, the corporation shall obtain | 163 |
applications from the county auditor's office and provide one to | 164 |
each new occupant. Not later than the first day of May, any | 165 |
occupant who may be eligible for a reduction in taxes under | 166 |
division (A) of section 323.152 of the Revised Code shall submit | 167 |
the completed application to the corporation. Not later than the | 168 |
fifteenth day of May, the corporation shall file all completed | 169 |
applications, and the information required by division (B) of | 170 |
section 323.159 of the Revised Code, with the county auditor of | 171 |
the county in which the occupants' homesteads are located. | 172 |
Continuing applications shall be furnished to an occupant in the | 173 |
manner provided in division (C)(4) of this section. | 174 |
(1) An application for reduction based upon a physical | 175 |
disability shall be accompanied by a certificate signed by a | 176 |
physician, and an application for reduction based upon a mental | 177 |
disability shall be accompanied by a certificate signed by a | 178 |
physician or psychologist licensed to practice in this state, | 179 |
attesting to the fact that the applicant is permanently and | 180 |
totally disabled. The certificate shall be in a form that the tax | 181 |
commissioner requires and shall include the definition of | 182 |
permanently and totally disabled as set forth in section 323.151 | 183 |
of the Revised Code. An application for reduction based upon a | 184 |
disability certified as permanent and total by a state or federal | 185 |
agency having the function of so classifying persons shall be | 186 |
accompanied by a certificate from that agency.
An application by | 187 |
a disabled veteran for the reduction under division (A)(2) of | 188 |
section 323.152 of the Revised Code shall be accompanied by a | 189 |
letter or other written confirmation from the United States | 190 |
government or United States department of veterans affairs, or its | 191 |
predecessor or successor agency, certifying that the veteran is | 192 |
totally and permanently disabled from a service-connected | 193 |
disability. | 194 |
(2) An application for a reduction in taxes under division | 199 |
(B) of section 323.152 of the Revised Code shall be filed only if | 200 |
the homestead or manufactured or mobile home was transferred in | 201 |
the preceding year or did not qualify for and receive the | 202 |
reduction in taxes under that division for the preceding tax year. | 203 |
The application for homesteads transferred in the preceding year | 204 |
shall be incorporated into any form used by the county auditor to | 205 |
administer the tax law in respect to the conveyance of real | 206 |
property pursuant to section 319.20 of the Revised Code or of used | 207 |
manufactured homes or used mobile homes as defined in section | 208 |
5739.0210 of the Revised Code. The owner of a manufactured or | 209 |
mobile home who has elected under division (D)(4) of section | 210 |
4503.06 of the Revised Code to be taxed under division (D)(2) of | 211 |
that section for the ensuing year may file the application at the | 212 |
time of making that election. The application shall contain a | 213 |
statement that failure by the applicant to affirm on the | 214 |
application that the dwelling on the property conveyed is the | 215 |
applicant's homestead prohibits the owner from receiving the | 216 |
reduction in taxes until a proper application is filed within the | 217 |
period prescribed by division (A)(3) of this section. Such an | 218 |
application constitutes a continuing application for a reduction | 219 |
in taxes for each year in which the dwelling is the applicant's | 220 |
homestead. | 221 |
(3) Failure to receive a new application filed under division | 222 |
(A)(1) or (2) or notification under division (C) of this section | 223 |
after an application for reduction has been approved is | 224 |
prima-facie evidence that the original applicant is entitled to | 225 |
the reduction in taxes calculated on the basis of the information | 226 |
contained in the original application. The original application | 227 |
and any subsequent application, including any late application, | 228 |
shall be in the form of a signed statement and shall be filed | 229 |
after the first Monday in January and not later than the first | 230 |
Monday in June. The original application and any subsequent | 231 |
application for a reduction in real property taxes shall be filed | 232 |
in the year for which the reduction is sought. The original | 233 |
application and any subsequent application for a reduction in | 234 |
manufactured home taxes shall be filed in the year preceding the | 235 |
year for which the reduction is sought. The statement shall be on | 236 |
a form, devised and supplied by the tax commissioner, which shall | 237 |
require no more information than is necessary to establish the | 238 |
applicant's eligibility for the reduction in taxes and the amount | 239 |
of the reduction, and, except for homesteads that are units in a | 240 |
housing cooperative, shall include an affirmation by the applicant | 241 |
that ownership of the homestead was not acquired from a person, | 242 |
other than the applicant's spouse, related to the owner by | 243 |
consanguinity or affinity for the purpose of qualifying for the | 244 |
real property or manufactured home tax reduction provided for in | 245 |
division (A) or (B) of section 323.152 of the Revised Code. The | 246 |
form shall contain a statement that conviction of willfully | 247 |
falsifying information to obtain a reduction in taxes or failing | 248 |
to comply with division (C) of this section results in the | 249 |
revocation of the right to the reduction for a period of three | 250 |
years. | 251 |
(B) A late application for a tax reduction for the year | 252 |
preceding the year in which an original application is filed, or | 253 |
for a reduction in manufactured home taxes for the year in which | 254 |
an original application is filed, may be filed with the original | 255 |
application. If the county auditor determines the information | 256 |
contained in the late application is correct, the auditor shall | 257 |
determine the amount of the reduction in taxes to which the | 258 |
applicant would have been entitled for the preceding tax year had | 259 |
the applicant's application been timely filed and approved in that | 260 |
year. | 261 |
The amount of such reduction shall be treated by the auditor | 262 |
as an overpayment of taxes by the applicant and shall be refunded | 263 |
in the manner prescribed in section 5715.22 of the Revised Code | 264 |
for making refunds of overpayments. On the first day of July of | 265 |
each year, the county auditor shall certify the total amount of | 266 |
the reductions in taxes made in the current year under this | 267 |
division to the tax commissioner, who shall treat the full amount | 268 |
thereof as a reduction in taxes for the preceding tax year and | 269 |
shall make reimbursement to the county therefor in the manner | 270 |
prescribed by section 323.156 of the Revised Code, from money | 271 |
appropriated for that purpose. | 272 |
(3) If the county auditor or county treasurer discovers that | 285 |
the owner of property not entitled to the reduction in taxes under | 286 |
division (B) of section 323.152 of the Revised Code failed to | 287 |
notify the county auditor as required by division (C)(1) of this | 288 |
section, a charge shall be imposed against the property in the | 289 |
amount by which taxes were reduced under that division for each | 290 |
tax year the county auditor ascertains that the property was not | 291 |
entitled to the reduction and was owned by the current owner. | 292 |
Interest shall accrue in the manner prescribed by division (B) of | 293 |
section 323.121 or division (G)(2) of section 4503.06 of the | 294 |
Revised Code on the amount by which taxes were reduced for each | 295 |
such tax year as if the reduction became delinquent taxes at the | 296 |
close of the last day the second installment of taxes for that tax | 297 |
year could be paid without penalty. The county auditor shall | 298 |
notify the owner, by ordinary mail, of the charge, of the owner's | 299 |
right to appeal the charge, and of the manner in which the owner | 300 |
may appeal. The owner may appeal the imposition of the charge and | 301 |
interest by filing an appeal with the county board of revision not | 302 |
later than the last day prescribed for payment of real and public | 303 |
utility property taxes under section 323.12 of the Revised Code | 304 |
following receipt of the notice and occurring at least ninety days | 305 |
after receipt of the notice. The appeal shall be treated in the | 306 |
same manner as a complaint relating to the valuation or assessment | 307 |
of real property under Chapter 5715. of the Revised Code. The | 308 |
charge and any interest shall be collected as other delinquent | 309 |
taxes. | 310 |
(4) Each year during January, the county auditor shall | 311 |
furnish by ordinary mail a continuing application to each person | 312 |
receiving a reduction under division (A) of section 323.152 of the | 313 |
Revised Code. The continuing application shall be used to report | 314 |
changes in ownership, occupancy, disability, and other information | 315 |
earlier furnished the auditor relative to the reduction in taxes | 316 |
on the property. The continuing application shall be returned to | 317 |
the auditor not later than the first Monday in June; provided, | 318 |
that if such changes do not affect the status of the homestead | 319 |
exemption or the amount of the reduction to which the owner is | 320 |
entitled under division (A) of section 323.152 of the Revised Code | 321 |
or to which the occupant is entitled under section 323.159 of the | 322 |
Revised Code, the application does not need to be returned. | 323 |
(5) Each year during February, the county auditor, except as | 324 |
otherwise provided in this paragraph, shall furnish by ordinary | 325 |
mail an original application to the owner, as of the first day of | 326 |
January of that year, of a homestead or a manufactured or mobile | 327 |
home that transferred during the preceding calendar year and that | 328 |
qualified for and received a reduction in taxes under division (B) | 329 |
of section 323.152 of the Revised Code for the preceding tax year. | 330 |
In order to receive the reduction under that division, the owner | 331 |
shall file the application with the county auditor not later than | 332 |
the first Monday in June. If the application is not timely filed, | 333 |
the auditor shall not grant a reduction in taxes for the homestead | 334 |
for the current year, and shall notify the owner that the | 335 |
reduction in taxes has not been granted, in the same manner | 336 |
prescribed under section 323.154 of the Revised Code for | 337 |
notification of denial of an application. Failure of an owner to | 338 |
receive an application does not excuse the failure of the owner to | 339 |
file an original application. The county auditor is not required | 340 |
to furnish an application under this paragraph for any homestead | 341 |
for which application has previously been made on a form | 342 |
incorporated into any form used by the county auditor to | 343 |
administer the tax law in respect to the conveyance of real | 344 |
property or of used manufactured homes or used mobile homes, and | 345 |
an owner who previously has applied on such a form is not required | 346 |
to return an application furnished under this paragraph. | 347 |
(B)(2) The manufactured home tax on a manufactured or mobile | 370 |
home that is paid pursuant to division (C) of section 4503.06 of | 371 |
the Revised Code and that is owned and occupied as a home by an | 372 |
individual whose domicile is in this state and to whom this | 373 |
section applies, shall be reduced for any tax year for which an | 374 |
application for such reduction has been approved, provided the | 375 |
individual did not acquire ownership from a person, other than the | 376 |
individual's spouse, related by consanguinity or affinity for the | 377 |
purpose of qualifying for the reduction. An owner includes a | 378 |
settlor of a revocable or irrevocable inter vivos trust holding | 379 |
the title to a manufactured or mobile home occupied by the settlor | 380 |
as of right under the trust. | 381 |
(1)(a) For manufactured and mobile homes for which the tax | 382 |
imposed by section 4503.06 of the Revised Code is computed under | 383 |
division (D)(2) of that section, the reduction shall equal the | 384 |
greater of the reduction granted for the tax year preceding the | 385 |
first tax year to which this section applies pursuant to Section | 386 |
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the | 387 |
taxpayer received a reduction for that preceding tax year, or the | 388 |
product of the following: | 389 |
(2)(b) For manufactured and mobile homes for which the tax | 403 |
imposed by section 4503.06 of the Revised Code is computed under | 404 |
division (D)(1) of that section, the reduction shall equal the | 405 |
greater of the reduction granted for the tax year preceding the | 406 |
first tax year to which this section applies pursuant to Section | 407 |
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the | 408 |
taxpayer received a reduction for that preceding tax year, or the | 409 |
product of the following: | 410 |
(B) The manufactured home tax levied pursuant to division (C) | 421 |
of section 4503.06 of the Revised Code on a manufactured or mobile | 422 |
home that is owned and occupied by a disabled veteran shall be | 423 |
reduced for any tax year for which an application for such | 424 |
reduction has been approved, provided the disabled veteran did not | 425 |
acquire ownership from a person, other than the disabled veteran's | 426 |
spouse, related by consanguinity or affinity for the purpose of | 427 |
qualifying for the reduction. An owner includes an owner within | 428 |
the meaning of division (A)(2) of this section. | 429 |
(2) For manufactured and mobile homes for which the tax | 436 |
imposed by section 4503.06 of the Revised Code is computed under | 437 |
division (D)(1) of that section, the reduction shall equal the | 438 |
product obtained by multiplying fifty thousand dollars of the cost | 439 |
to the owner, or the market value at the time of purchase, | 440 |
whichever is greater, as those terms are used in division (D)(1) | 441 |
of section 4503.06 of the Revised Code, by the amounts described | 442 |
in divisions (A)(2)(b)(ii) to (iv) of this section. | 443 |
If a manufactured or mobile home qualifies for a reduction in | 448 |
taxes under this division for the year in which the disabled | 449 |
veteran dies, and the disabled veteran is survived by a spouse who | 450 |
occupied the home when the disabled veteran died and who acquires | 451 |
ownership of the home, the reduction shall continue through the | 452 |
year in which the surviving spouse dies, ceases to own or occupy | 453 |
the manufactured or mobile home, or remarries. | 454 |
Sec. 4503.066. (A)(1) To obtain a tax reduction under | 466 |
section 4503.065 of the Revised Code, the owner of the home shall | 467 |
file an application with the county auditor of the county in which | 468 |
the home is located. An application for reduction in taxes based | 469 |
upon a physical disability shall be accompanied by a certificate | 470 |
signed by a physician, and an application for reduction in taxes | 471 |
based upon a mental disability shall be accompanied by a | 472 |
certificate signed by a physician or psychologist licensed to | 473 |
practice in this state. The certificate shall attest to the fact | 474 |
that the applicant is permanently and totally disabled, shall be | 475 |
in a form that the department of taxation requires, and shall | 476 |
include the definition of totally and permanently disabled as set | 477 |
forth in section 4503.064 of the Revised Code. An application for | 478 |
reduction in taxes based upon a disability certified as permanent | 479 |
and total by a state or federal agency having the function of so | 480 |
classifying persons shall be accompanied by a certificate from | 481 |
that agency.
An application by a disabled veteran for the | 482 |
reduction under division (B) of section 4503.065 of the Revised | 483 |
Code shall be accompanied by a letter or other written | 484 |
confirmation from the United States government or United States | 485 |
department of veterans affairs, or its predecessor or successor | 486 |
agency, certifying that the veteran is totally and permanently | 487 |
disabled from a service-connected disability. | 488 |
(2) Each application shall constitute a continuing | 489 |
application for a reduction in taxes for each year in which the | 490 |
manufactured or mobile home is occupied by the applicant. Failure | 491 |
to receive a new application or notification under division (B) of | 492 |
this section after an application for reduction has been approved | 493 |
is prima-facie evidence that the original applicant is entitled to | 494 |
the reduction calculated on the basis of the information contained | 495 |
in the original application. The original application and any | 496 |
subsequent application shall be in the form of a signed statement | 497 |
and shall be filed not later than the first Monday in June. The | 498 |
statement shall be on a form, devised and supplied by the tax | 499 |
commissioner, that shall require no more information than is | 500 |
necessary to establish the applicant's eligibility for the | 501 |
reduction in taxes and the amount of the reduction to which the | 502 |
applicant is entitled. The form also shall contain a statement | 503 |
that conviction of willfully falsifying information to obtain a | 504 |
reduction in taxes or failing to comply with division (B) of this | 505 |
section shall result in the revocation of the right to the | 506 |
reduction for a period of three years. | 507 |
(3) A late application for a reduction in taxes for the year | 508 |
preceding the year for which an original application is filed may | 509 |
be filed with an original application. If the auditor determines | 510 |
that the information contained in the late application is correct, | 511 |
the auditor shall determine both the amount of the reduction in | 512 |
taxes to which the applicant would have been entitled for the | 513 |
current tax year had the application been timely filed and | 514 |
approved in the preceding year, and the amount the taxes levied | 515 |
under section 4503.06 of the Revised Code for the current year | 516 |
would have been reduced as a result of the reduction. When an | 517 |
applicant is permanently and totally disabled on the first day of | 518 |
January of the year in which the applicant files a late | 519 |
application, the auditor, in making the determination of the | 520 |
amounts of the reduction in taxes under division (A)(3) of this | 521 |
section, is not required to determine that the applicant was | 522 |
permanently and totally disabled on the first day of January of | 523 |
the preceding year. | 524 |
The amount of the reduction in taxes pursuant to a late | 525 |
application shall be treated as an overpayment of taxes by the | 526 |
applicant. The auditor shall credit the amount of the overpayment | 527 |
against the amount of the taxes or penalties then due from the | 528 |
applicant, and, at the next succeeding settlement, the amount of | 529 |
the credit shall be deducted from the amount of any taxes or | 530 |
penalties distributable to the county or any taxing unit in the | 531 |
county that has received the benefit of the taxes or penalties | 532 |
previously overpaid, in proportion to the benefits previously | 533 |
received. If, after the credit has been made, there remains a | 534 |
balance of the overpayment, or if there are no taxes or penalties | 535 |
due from the applicant, the auditor shall refund that balance to | 536 |
the applicant by a warrant drawn on the county treasurer in favor | 537 |
of the applicant. The treasurer shall pay the warrant from the | 538 |
general fund of the county. If there is insufficient money in the | 539 |
general fund to make the payment, the treasurer shall pay the | 540 |
warrant out of any undivided manufactured or mobile home taxes | 541 |
subsequently received by the treasurer for distribution to the | 542 |
county or taxing district in the county that received the benefit | 543 |
of the overpaid taxes, in proportion to the benefits previously | 544 |
received, and the amount paid from the undivided funds shall be | 545 |
deducted from the money otherwise distributable to the county or | 546 |
taxing district in the county at the next or any succeeding | 547 |
distribution. At the next or any succeeding distribution after | 548 |
making the refund, the treasurer shall reimburse the general fund | 549 |
for any payment made from that fund by deducting the amount of | 550 |
that payment from the money distributable to the county or other | 551 |
taxing unit in the county that has received the benefit of the | 552 |
taxes, in proportion to the benefits previously received. On the | 553 |
second Monday in September of each year, the county auditor shall | 554 |
certify the total amount of the reductions in taxes made in the | 555 |
current year under division (A)(3) of this section to the tax | 556 |
commissioner who shall treat that amount as a reduction in taxes | 557 |
for the current tax year and shall make reimbursement to the | 558 |
county of that amount in the manner prescribed in section 4503.068 | 559 |
of the Revised Code, from moneys appropriated for that purpose. | 560 |