(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) A homestead owned and occupied by a disabled veteran | 99 |
shall be exempted from taxation. Real property taxes on a | 100 |
homestead in a housing cooperative occupied by a disabled veteran | 101 |
shall be reduced by the portion of taxes attributed to the | 102 |
homestead under section 323.159 of the Revised Code. The exemption | 103 |
and reduction under division (A)(2) of this section is in lieu of | 104 |
the reduction in taxes under division (A)(1) of this section and | 105 |
any reduction under section 323.158 of the Revised Code. The | 106 |
exemption or reduction under division (A)(2) of this section | 107 |
applies to only one homestead owned and occupied by a disabled | 108 |
veteran. For the purposes of sections 323.153, 323.154, 323.155, | 109 |
323.156, and 4503.064 of the Revised Code, the exemption under | 110 |
division (A)(2) of this section is a reduction in taxes in the | 111 |
amount of the current taxes that would have been charged and | 112 |
payable against the homestead if the homestead had not been | 113 |
exempted. | 114 |
If a homestead is exempted from taxation under division | 115 |
(A)(2) of this section for the year in which the disabled veteran | 116 |
dies, and the disabled veteran is survived by a spouse who | 117 |
occupied the homestead when the disabled veteran died and who | 118 |
acquires ownership of the homestead or, in the case of a homestead | 119 |
that is a unit in a housing cooperative, continues to occupy the | 120 |
homestead, the exemption shall continue through the year in which | 121 |
the surviving spouse dies, ceases to own or occupy the homestead, | 122 |
or remarries. | 123 |
(B) To provide a partial exemption, real property taxes on | 124 |
any homestead, and manufactured home taxes on any manufactured or | 125 |
mobile home on which a manufactured home tax is assessed pursuant | 126 |
to division (D)(2) of section 4503.06 of the Revised Code, shall | 127 |
be reduced for each year for which an application for the | 128 |
reduction has been approved. The amount of the reduction shall | 129 |
equal two and one-half per cent of the amount of taxes to be | 130 |
levied on the homestead or the manufactured or mobile home after | 131 |
applying section 319.301 of the Revised Code. | 132 |
(D) The reductions in taxable value referred to in this | 139 |
section shall be applied solely as a factor for the purpose of | 140 |
computing the reduction of taxes under this section, and the | 141 |
reductions and the exemption shall not affect the total value of | 142 |
property in any subdivision or taxing district as listed and | 143 |
assessed for taxation on the tax lists and duplicates, or any | 144 |
direct or indirect limitations on indebtedness of a subdivision or | 145 |
taxing district. If after application of sections 5705.31 and | 146 |
5705.32 of the Revised Code, including the allocation of all | 147 |
levies within the ten-mill limitation to debt charges to the | 148 |
extent therein provided, there would be insufficient funds for | 149 |
payment of debt charges not provided for by levies in excess of | 150 |
the ten-mill limitation, the reduction of taxes provided for in | 151 |
sections 323.151 to 323.159 of the Revised Code shall be | 152 |
proportionately adjusted to the extent necessary to provide such | 153 |
funds from levies within the ten-mill limitation. | 154 |
To obtain a reduction in real property taxes under division | 166 |
(A) of section 323.152 of the Revised Code, the occupant of a | 167 |
homestead in a housing cooperative shall file an application with | 168 |
the nonprofit corporation that owns and operates the housing | 169 |
cooperative, in accordance with this paragraph. Not later than the | 170 |
first day of March each year, the corporation shall obtain | 171 |
applications from the county auditor's office and provide one to | 172 |
each new occupant. Not later than the first day of May, any | 173 |
occupant who may be eligible for a reduction in taxes under | 174 |
division (A) of section 323.152 of the Revised Code shall submit | 175 |
the completed application to the corporation. Not later than the | 176 |
fifteenth day of May, the corporation shall file all completed | 177 |
applications, and the information required by division (B) of | 178 |
section 323.159 of the Revised Code, with the county auditor of | 179 |
the county in which the occupants' homesteads are located. | 180 |
Continuing applications shall be furnished to an occupant in the | 181 |
manner provided in division (C)(4) of this section. | 182 |
(1) An application for reduction based upon a physical | 183 |
disability shall be accompanied by a certificate signed by a | 184 |
physician, and an application for reduction based upon a mental | 185 |
disability shall be accompanied by a certificate signed by a | 186 |
physician or psychologist licensed to practice in this state, | 187 |
attesting to the fact that the applicant is permanently and | 188 |
totally disabled. The certificate shall be in a form that the tax | 189 |
commissioner requires and shall include the definition of | 190 |
permanently and totally disabled as set forth in section 323.151 | 191 |
of the Revised Code. An application for reduction based upon a | 192 |
disability certified as permanent and total by a state or federal | 193 |
agency having the function of so classifying persons shall be | 194 |
accompanied by a certificate from that agency.
An application by | 195 |
a disabled veteran for the exemption under division (A)(2) of | 196 |
section 323.152 of the Revised Code shall be accompanied by a | 197 |
letter or other written confirmation from the United States | 198 |
government or United States department of veterans affairs, or its | 199 |
predecessor or successor agency, certifying that the veteran is | 200 |
totally and permanently disabled from a service-connected | 201 |
disability. | 202 |
(2) An application for a reduction in taxes under division | 207 |
(B) of section 323.152 of the Revised Code shall be filed only if | 208 |
the homestead or manufactured or mobile home was transferred in | 209 |
the preceding year or did not qualify for and receive the | 210 |
reduction in taxes under that division for the preceding tax year. | 211 |
The application for homesteads transferred in the preceding year | 212 |
shall be incorporated into any form used by the county auditor to | 213 |
administer the tax law in respect to the conveyance of real | 214 |
property pursuant to section 319.20 of the Revised Code or of used | 215 |
manufactured homes or used mobile homes as defined in section | 216 |
5739.0210 of the Revised Code. The owner of a manufactured or | 217 |
mobile home who has elected under division (D)(4) of section | 218 |
4503.06 of the Revised Code to be taxed under division (D)(2) of | 219 |
that section for the ensuing year may file the application at the | 220 |
time of making that election. The application shall contain a | 221 |
statement that failure by the applicant to affirm on the | 222 |
application that the dwelling on the property conveyed is the | 223 |
applicant's homestead prohibits the owner from receiving the | 224 |
reduction in taxes until a proper application is filed within the | 225 |
period prescribed by division (A)(3) of this section. Such an | 226 |
application constitutes a continuing application for a reduction | 227 |
in taxes for each year in which the dwelling is the applicant's | 228 |
homestead. | 229 |
(3) Failure to receive a new application filed under division | 230 |
(A)(1) or (2) or notification under division (C) of this section | 231 |
after an application for reduction has been approved is | 232 |
prima-facie evidence that the original applicant is entitled to | 233 |
the reduction in taxes calculated on the basis of the information | 234 |
contained in the original application. The original application | 235 |
and any subsequent application, including any late application, | 236 |
shall be in the form of a signed statement and shall be filed | 237 |
after the first Monday in January and not later than the first | 238 |
Monday in June. The original application and any subsequent | 239 |
application for a reduction in real property taxes shall be filed | 240 |
in the year for which the reduction is sought. The original | 241 |
application and any subsequent application for a reduction in | 242 |
manufactured home taxes shall be filed in the year preceding the | 243 |
year for which the reduction is sought. The statement shall be on | 244 |
a form, devised and supplied by the tax commissioner, which shall | 245 |
require no more information than is necessary to establish the | 246 |
applicant's eligibility for the reduction in taxes and the amount | 247 |
of the reduction, and, except for homesteads that are units in a | 248 |
housing cooperative, shall include an affirmation by the applicant | 249 |
that ownership of the homestead was not acquired from a person, | 250 |
other than the applicant's spouse, related to the owner by | 251 |
consanguinity or affinity for the purpose of qualifying for the | 252 |
real property or manufactured home tax reduction provided for in | 253 |
division (A) or (B) of section 323.152 of the Revised Code. The | 254 |
form shall contain a statement that conviction of willfully | 255 |
falsifying information to obtain a reduction in taxes or failing | 256 |
to comply with division (C) of this section results in the | 257 |
revocation of the right to the reduction for a period of three | 258 |
years. | 259 |
(B) A late application for a tax reduction for the year | 260 |
preceding the year in which an original application is filed, or | 261 |
for a reduction in manufactured home taxes for the year in which | 262 |
an original application is filed, may be filed with the original | 263 |
application. If the county auditor determines the information | 264 |
contained in the late application is correct, the auditor shall | 265 |
determine the amount of the reduction in taxes to which the | 266 |
applicant would have been entitled for the preceding tax year had | 267 |
the applicant's application been timely filed and approved in that | 268 |
year. | 269 |
The amount of such reduction shall be treated by the auditor | 270 |
as an overpayment of taxes by the applicant and shall be refunded | 271 |
in the manner prescribed in section 5715.22 of the Revised Code | 272 |
for making refunds of overpayments. On the first day of July of | 273 |
each year, the county auditor shall certify the total amount of | 274 |
the reductions in taxes made in the current year under this | 275 |
division to the tax commissioner, who shall treat the full amount | 276 |
thereof as a reduction in taxes for the preceding tax year and | 277 |
shall make reimbursement to the county therefor in the manner | 278 |
prescribed by section 323.156 of the Revised Code, from money | 279 |
appropriated for that purpose. | 280 |
(3) If the county auditor or county treasurer discovers that | 293 |
the owner of property not entitled to the reduction in taxes under | 294 |
division (B) of section 323.152 of the Revised Code failed to | 295 |
notify the county auditor as required by division (C)(1) of this | 296 |
section, a charge shall be imposed against the property in the | 297 |
amount by which taxes were reduced under that division for each | 298 |
tax year the county auditor ascertains that the property was not | 299 |
entitled to the reduction and was owned by the current owner. | 300 |
Interest shall accrue in the manner prescribed by division (B) of | 301 |
section 323.121 or division (G)(2) of section 4503.06 of the | 302 |
Revised Code on the amount by which taxes were reduced for each | 303 |
such tax year as if the reduction became delinquent taxes at the | 304 |
close of the last day the second installment of taxes for that tax | 305 |
year could be paid without penalty. The county auditor shall | 306 |
notify the owner, by ordinary mail, of the charge, of the owner's | 307 |
right to appeal the charge, and of the manner in which the owner | 308 |
may appeal. The owner may appeal the imposition of the charge and | 309 |
interest by filing an appeal with the county board of revision not | 310 |
later than the last day prescribed for payment of real and public | 311 |
utility property taxes under section 323.12 of the Revised Code | 312 |
following receipt of the notice and occurring at least ninety days | 313 |
after receipt of the notice. The appeal shall be treated in the | 314 |
same manner as a complaint relating to the valuation or assessment | 315 |
of real property under Chapter 5715. of the Revised Code. The | 316 |
charge and any interest shall be collected as other delinquent | 317 |
taxes. | 318 |
(4) Each year during January, the county auditor shall | 319 |
furnish by ordinary mail a continuing application to each person | 320 |
receiving a reduction under division (A) of section 323.152 of the | 321 |
Revised Code. The continuing application shall be used to report | 322 |
changes in ownership, occupancy, disability, and other information | 323 |
earlier furnished the auditor relative to the reduction in taxes | 324 |
on the property. The continuing application shall be returned to | 325 |
the auditor not later than the first Monday in June; provided, | 326 |
that if such changes do not affect the status of the homestead | 327 |
exemption or the amount of the reduction to which the owner is | 328 |
entitled under division (A) of section 323.152 of the Revised Code | 329 |
or to which the occupant is entitled under section 323.159 of the | 330 |
Revised Code, the application does not need to be returned. | 331 |
(5) Each year during February, the county auditor, except as | 332 |
otherwise provided in this paragraph, shall furnish by ordinary | 333 |
mail an original application to the owner, as of the first day of | 334 |
January of that year, of a homestead or a manufactured or mobile | 335 |
home that transferred during the preceding calendar year and that | 336 |
qualified for and received a reduction in taxes under division (B) | 337 |
of section 323.152 of the Revised Code for the preceding tax year. | 338 |
In order to receive the reduction under that division, the owner | 339 |
shall file the application with the county auditor not later than | 340 |
the first Monday in June. If the application is not timely filed, | 341 |
the auditor shall not grant a reduction in taxes for the homestead | 342 |
for the current year, and shall notify the owner that the | 343 |
reduction in taxes has not been granted, in the same manner | 344 |
prescribed under section 323.154 of the Revised Code for | 345 |
notification of denial of an application. Failure of an owner to | 346 |
receive an application does not excuse the failure of the owner to | 347 |
file an original application. The county auditor is not required | 348 |
to furnish an application under this paragraph for any homestead | 349 |
for which application has previously been made on a form | 350 |
incorporated into any form used by the county auditor to | 351 |
administer the tax law in respect to the conveyance of real | 352 |
property or of used manufactured homes or used mobile homes, and | 353 |
an owner who previously has applied on such a form is not required | 354 |
to return an application furnished under this paragraph. | 355 |
(B)(2) The manufactured home tax on a manufactured or mobile | 378 |
home that is paid pursuant to division (C) of section 4503.06 of | 379 |
the Revised Code and that is owned and occupied as a home by an | 380 |
individual whose domicile is in this state and to whom this | 381 |
section applies, shall be reduced for any tax year for which an | 382 |
application for such reduction has been approved, provided the | 383 |
individual did not acquire ownership from a person, other than the | 384 |
individual's spouse, related by consanguinity or affinity for the | 385 |
purpose of qualifying for the reduction. An owner includes a | 386 |
settlor of a revocable or irrevocable inter vivos trust holding | 387 |
the title to a manufactured or mobile home occupied by the settlor | 388 |
as of right under the trust. | 389 |
(1)(a) For manufactured and mobile homes for which the tax | 390 |
imposed by section 4503.06 of the Revised Code is computed under | 391 |
division (D)(2) of that section, the reduction shall equal the | 392 |
greater of the reduction granted for the tax year preceding the | 393 |
first tax year to which this section applies pursuant to Section | 394 |
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the | 395 |
taxpayer received a reduction for that preceding tax year, or the | 396 |
product of the following: | 397 |
(2)(b) For manufactured and mobile homes for which the tax | 411 |
imposed by section 4503.06 of the Revised Code is computed under | 412 |
division (D)(1) of that section, the reduction shall equal the | 413 |
greater of the reduction granted for the tax year preceding the | 414 |
first tax year to which this section applies pursuant to Section | 415 |
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the | 416 |
taxpayer received a reduction for that preceding tax year, or the | 417 |
product of the following: | 418 |
(B) A manufactured or mobile home owned and occupied as a | 429 |
home by a disabled veteran, as defined in section 323.151 of the | 430 |
Revised Code, shall be exempted from the manufactured home tax | 431 |
imposed under division (C) of section 4503.06 of the Revised Code, | 432 |
if the disabled veteran did not acquire ownership from a person, | 433 |
other than the person's spouse, related by consanguinity or | 434 |
affinity for the purpose of qualifying for the exemption. An owner | 435 |
includes an owner within the meaning of division (A)(2) of this | 436 |
section. The exemption under this division is in lieu of the | 437 |
reduction in taxes under division (A) of this section and any | 438 |
reduction under section 4503.0610 of the Revised Code. The | 439 |
exemption under this division applies to only one manufactured or | 440 |
mobile home owned and occupied by a disabled veteran. For the | 441 |
purposes of sections 4503.064 to 4503.069 of the Revised Code, the | 442 |
exemption under division (B) of this section is a reduction in | 443 |
manufactured home taxes in the amount of the current manufactured | 444 |
home taxes that would have been charged and payable against the | 445 |
homestead if the homestead had not been exempted. | 446 |
If a manufactured or mobile home is exempted from taxation | 447 |
under this division for the year in which the disabled veteran | 448 |
dies, and the disabled veteran is survived by a spouse who | 449 |
occupied the home when the disabled veteran died and who acquires | 450 |
ownership of the home, the exemption shall continue through the | 451 |
year in which the surviving spouse dies, ceases to own or occupy | 452 |
the manufactured or mobile home, or remarries. | 453 |
Sec. 4503.066. (A)(1) To obtain a tax reduction under | 465 |
section 4503.065 of the Revised Code, the owner of the home shall | 466 |
file an application with the county auditor of the county in which | 467 |
the home is located. An application for reduction in taxes based | 468 |
upon a physical disability shall be accompanied by a certificate | 469 |
signed by a physician, and an application for reduction in taxes | 470 |
based upon a mental disability shall be accompanied by a | 471 |
certificate signed by a physician or psychologist licensed to | 472 |
practice in this state. The certificate shall attest to the fact | 473 |
that the applicant is permanently and totally disabled, shall be | 474 |
in a form that the department of taxation requires, and shall | 475 |
include the definition of totally and permanently disabled as set | 476 |
forth in section 4503.064 of the Revised Code. An application for | 477 |
reduction in taxes based upon a disability certified as permanent | 478 |
and total by a state or federal agency having the function of so | 479 |
classifying persons shall be accompanied by a certificate from | 480 |
that agency.
An application by a disabled veteran for the | 481 |
exemption under division (B) of section 4503.065 of the Revised | 482 |
Code shall be accompanied by a letter or other written | 483 |
confirmation from the United States government or United States | 484 |
department of veterans affairs, or its predecessor or successor | 485 |
agency, certifying that the veteran is totally and permanently | 486 |
disabled from a service-connected disability. | 487 |
(2) Each application shall constitute a continuing | 488 |
application for a reduction in taxes for each year in which the | 489 |
manufactured or mobile home is occupied by the applicant. Failure | 490 |
to receive a new application or notification under division (B) of | 491 |
this section after an application for reduction has been approved | 492 |
is prima-facie evidence that the original applicant is entitled to | 493 |
the reduction calculated on the basis of the information contained | 494 |
in the original application. The original application and any | 495 |
subsequent application shall be in the form of a signed statement | 496 |
and shall be filed not later than the first Monday in June. The | 497 |
statement shall be on a form, devised and supplied by the tax | 498 |
commissioner, that shall require no more information than is | 499 |
necessary to establish the applicant's eligibility for the | 500 |
reduction in taxes and the amount of the reduction to which the | 501 |
applicant is entitled. The form also shall contain a statement | 502 |
that conviction of willfully falsifying information to obtain a | 503 |
reduction in taxes or failing to comply with division (B) of this | 504 |
section shall result in the revocation of the right to the | 505 |
reduction for a period of three years. | 506 |
(3) A late application for a reduction in taxes for the year | 507 |
preceding the year for which an original application is filed may | 508 |
be filed with an original application. If the auditor determines | 509 |
that the information contained in the late application is correct, | 510 |
the auditor shall determine both the amount of the reduction in | 511 |
taxes to which the applicant would have been entitled for the | 512 |
current tax year had the application been timely filed and | 513 |
approved in the preceding year, and the amount the taxes levied | 514 |
under section 4503.06 of the Revised Code for the current year | 515 |
would have been reduced as a result of the reduction. When an | 516 |
applicant is permanently and totally disabled on the first day of | 517 |
January of the year in which the applicant files a late | 518 |
application, the auditor, in making the determination of the | 519 |
amounts of the reduction in taxes under division (A)(3) of this | 520 |
section, is not required to determine that the applicant was | 521 |
permanently and totally disabled on the first day of January of | 522 |
the preceding year. | 523 |
The amount of the reduction in taxes pursuant to a late | 524 |
application shall be treated as an overpayment of taxes by the | 525 |
applicant. The auditor shall credit the amount of the overpayment | 526 |
against the amount of the taxes or penalties then due from the | 527 |
applicant, and, at the next succeeding settlement, the amount of | 528 |
the credit shall be deducted from the amount of any taxes or | 529 |
penalties distributable to the county or any taxing unit in the | 530 |
county that has received the benefit of the taxes or penalties | 531 |
previously overpaid, in proportion to the benefits previously | 532 |
received. If, after the credit has been made, there remains a | 533 |
balance of the overpayment, or if there are no taxes or penalties | 534 |
due from the applicant, the auditor shall refund that balance to | 535 |
the applicant by a warrant drawn on the county treasurer in favor | 536 |
of the applicant. The treasurer shall pay the warrant from the | 537 |
general fund of the county. If there is insufficient money in the | 538 |
general fund to make the payment, the treasurer shall pay the | 539 |
warrant out of any undivided manufactured or mobile home taxes | 540 |
subsequently received by the treasurer for distribution to the | 541 |
county or taxing district in the county that received the benefit | 542 |
of the overpaid taxes, in proportion to the benefits previously | 543 |
received, and the amount paid from the undivided funds shall be | 544 |
deducted from the money otherwise distributable to the county or | 545 |
taxing district in the county at the next or any succeeding | 546 |
distribution. At the next or any succeeding distribution after | 547 |
making the refund, the treasurer shall reimburse the general fund | 548 |
for any payment made from that fund by deducting the amount of | 549 |
that payment from the money distributable to the county or other | 550 |
taxing unit in the county that has received the benefit of the | 551 |
taxes, in proportion to the benefits previously received. On the | 552 |
second Monday in September of each year, the county auditor shall | 553 |
certify the total amount of the reductions in taxes made in the | 554 |
current year under division (A)(3) of this section to the tax | 555 |
commissioner who shall treat that amount as a reduction in taxes | 556 |
for the current tax year and shall make reimbursement to the | 557 |
county of that amount in the manner prescribed in section 4503.068 | 558 |
of the Revised Code, from moneys appropriated for that purpose. | 559 |