CHAPTER Rev 400  PROPETY TAX CREDITS, EXEMPTIONS AND DEFERRALS

 

REVISION NOTE:

 

          Document #9309, effective 10-30-08, made extensive changes to the wording, format, and numbering in the former Chapter Rev 400, which had contained 4 parts numbered Rev 401 through Rev 404.  Rev 400 as filed in Document #9309 contains 9 nine parts numbered Rev 401 through Rev 409.  Some rules in Rev 400 as filed in Document #9309 are not strictly amendments of former rules in Rev 400 but address either new subjects for Rev 400 or subjects transferred from other chapters of rules.  These rules containing new or transferred subjects include the following:

 

          Rev 401.02  defining “assessing officials.”

          Rev 401.03  defining “civil union partner.”

          Rev 401.04  defining “credit.”

          Rev 401.05  defining “deferral.”

          Rev 401.07  defining “exemption.”

          Rev 401.08  defining “fractional property interest.”

          Rev 401.10  defining “resident.”

          Rev 401.12  defining “separation.”

          Rev 402.05  Assessing Officials Review of Documentation.

          Rev 402.06  Assessing Officials Response.

          Rev 403.03  Service Related Lists.

          Rev 404.02  Requested Documents.

          PART Rev 406  APPLICATION FOR DEFERRALS.

          PART Rev 407  PROPERTY HELD IN LIFE OR TRUST ESTATE.

          Rev 408.03  Property Tax Deferrals Form.

Rev 408.04  Tax Credit, Exemption or Deferral for Real Property Held in Trust or as a Life Estate Form.

          Rev 408.05  Residential Property in an Industrial or Commercial Zone Exemption Form.

          PART Rev 409  APPEALS.

 

          Document #9309 replaces all prior filings affecting Rev 400.  The filings of the Department of Revenue Administration affecting the former Rev 400 include the following documents:

 

          #2080, eff 7-5-82               #4511, eff 10-26-08

          #2272, eff 1-11-83             #5911, eff 10-14-94

          #2821, eff 8-27-84             #7410, eff 11-23-00

 

PART Rev 401  DEFINITIONS

 

          Rev 401.01  "Active duty" means day-by-day service:

 

          (a)  Under the authority of Title X of the United States Code;

 

          (b)  Where a person is subject to full military discipline and regulation on a 24-hour basis in the armed forces of the United States during a war or armed conflict pursuant to RSA 72:28; and

 

          (c)  Does not include periods of time:

 

(1)  In training; or

 

(2)  Between the enlisted date and the date deployed.

 

Source.  #2080, eff 7-5-82; ss by #2272, eff 1-11-83; ss by #2821, eff 8-17-84; ss by #4511, eff 10-26-88; ss by #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.02  “Assessing officials” means:

 

          (a)  Governing body or assessors of a municipality; or

 

          (b)  County commissioners of an unincorporated place.

 

Source.  #2080, eff 7-5-82; ss by #2821, eff 8-17-84; ss by #4511, eff 10-26-88; ss by #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.03  “Civil union partner” means a party who has entered into a civil union pursuant to RSA 457-A.

 

Source.  #2080, eff 7-5-82; ss by #2821, eff 8-17-84; ss by #4511, eff 10-26-88; ss by #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 401.04); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 401.03)

 

          Rev 401.04  “Credit” means tax credit” as defined in RSA 72:29, IV.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 401.05); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.05 “Deferral” means the granting on an annual basis, by assessing officials, of a postponement of payment for all or part of the property taxes due.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 401.06); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.06  "Discharge" means the termination of active duty service for enlisted people.

 

Source.  #5911, eff 10-14-9494; ss and moved by #7410, eff 11-23-00 (from Rev 401.07); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.07  “Exemption” means “exemption” as defined in RSA 72:29, III.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 401.08); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.08  “Fractional property interest” means the percentage of ownership of residential real estate conveyed in a deed or other legal instrument transferring title to an applicant applying for a tax credit, exemption or deferral.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.09  "Principal place of abode" means:

 

          (a)  The place to which the applicant always intends to return;

 

          (b)  The place which is ready and available for the applicant’s occupancy when he or she does return; and

 

          (c)  It is not a:

 

(1)  Seasonal home;

 

(2)  Camp;

 

(3)  Timeshare; or

 

(4)  Place of retreat.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 401.05)

 

          Rev 401.10  “Resident” means “resident” as defined in RSA 72:29, I.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.11  "Residential real estate" means “residential real estate” as defined in RSA 72:29, II.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 401.06)

 

          Rev 401.12  “Separation” means the termination of active duty service for officers.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 401.13  “Spouse” means the husband, or wife, of the veteran.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 401.07)

 

PART Rev 402  GENERAL INFORMATION

 

          Rev 402.01  Types of Property Tax Credits, Exemptions and Deferrals.

 

          (a)  An applicant may apply for the following:

 

(1)  Veterans’ credit pursuant to RSA 72:28;

 

(2)  Veterans’ credit for service connected disability pursuant to RSA 72:35;

 

(3)  Veterans’ exemption, pursuant to RSA 72:36-a, for:

 

a.  The veteran; or

 

b.  The veteran’s surviving spouse or surviving civil union partner;

 

(4)  Improvements to assist persons with disabilities exemption pursuant to RSA 72:37-a;

 

(5)  Elderly exemption pursuant to RSA 72:39-b;

 

(6)  Disabled exemption pursuant to RSA 72:37-b;

 

(7)  Deaf persons or persons with severely impaired hearing exemption pursuant to RSA 72:38-b;

 

(8)  Improvements to assist deaf persons or persons with severely impaired hearing exemption pursuant to RSA 72:38-b, V;

 

(9)  Blind exemption pursuant to RSA 72:37;

 

(10)  Solar energy systems exemption pursuant to RSA 72:62;

 

(11)  Wood heating energy systems exemption pursuant to RSA 72:70;

 

(12)  Wind-powered energy systems exemption RSA 72:66;  or

 

(13)  Property tax deferral for elderly persons or persons with disabilities pursuant to RSA 72:38-a.

 

Source.  #2080, eff 7-5-82; ss by #2821, eff 8-17-84, EXPIRED: 8-17-90

 

New.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 402.02); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 402.02  Fractional Property Interest.

 

          (a)  Applicants owning a fractional property interest shall each submit Form PA-29, “Permanent Application for Property Tax Credit/Exemption”, or Form PA-30, “Elderly and Disabled Tax Deferral Application”, whichever is applicable.

 

          (b)  The credit, exemption or deferral shall be prorated as required by RSA 72:30.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 402.03); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 402.04)

 

          Rev 402.03  Obtaining Forms.

 

          (a)  Applicants applying for a property tax credit, deferral or exemption, listed in Rev 402.01 (a) (1) through (a)(13), may obtain application forms from the:

 

(1)  Assessing officials;

 

(2)  Department’s web site at www.revenue.nh.gov; or

 

(3)  Department’s property appraisal division at 603-271-2687.

 

          (b)  A municipality may obtain forms to respond to applications from:

 

(1)  The department’s web site at www.revenue.nh.gov; or

 

(2)  The department’s property appraisal division at 603-271-2687.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 402.02); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 402.04  Acceptance of an Application.

 

          (a)  Assessing officials receiving timely filed applications may:

 

(1)  Request additional information; or

 

(2)  Return an application to the applicant if the application:

 

a.  Does not contain sufficient information to determine the applicant's eligibility; or

 

b.  Contains incorrect, inaccurate or misleading information.

 

          (b)  An applicant who receives either a request or a returned application shall provide the information in (a) above within 30 days of the request or return date.

 

          (c)  An applicant may correct and resubmit an application, pursuant to RSA 76:16-e and RSA 80:55, provided the original application was filed timely.

 

          (d)  Assessing officials may request true copies of documents as described in each applicable credit, exemption or deferral in this chapter.

 

          (e)  Assessing official shall have 30 days to respond to an application that required corrections or additional information.

 

          (f)  The assessing officials may accept an untimely filed application when an applicant:

 

(1)  Was prevented from timely filing Form PA-29, Form PA -33, or Form PA- 40; and

 

(2)  Provides the assessing officials with evidence that the untimely filing was due to accident, mistake, or misfortune.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 402.05); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 402.03)

 

          Rev 402.05  Assessing Officials Review of Documentation.  Assessing officials shall review the applicant’s documentation against the applicable criteria requirements, as stated in Parts Rev 403, 404 and 405, to verify that the applicant’s documentation meets the requirements for the credit, exemption of deferral.

 

Source.  #5911, eff 10-14-94; ss and moved by #7410, eff 11-23-00 (from Rev 402.06); (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 402.06  Assessing Officials Response.

 

          (a)  Assessing officials shall:

 

(1)  Respond to the application by July 1;

 

(2)  Mail the applicant whichever of the following is applicable:

 

a. A copy of the municipality’s authorization portion of Form PA-29 “Permanent Application for Property Tax Credit/Exemptions”;

 

b. Form PA-35 “Assessing Officials Response to Exemption, Tax Credit or Deferral Application”; or

 

c. A copy of the municipality’s authorization portion of Form PA-42, “Residence in an Industrial Commercial Zone Exemption”.

 

(3)  Indicate, in the instance of a veteran’s tax credit application, whether the veterans’ tax credit was:

 

a.  Granted and the amount of the credit; or

 

b.  Denied;

 

(4)  Include any additional applicable information;

 

(5)  Sign and date the applicable document in (2) above prior to the approval date of the tax rate for the year of application;

 

(6)  In the event of a late filing, sign and date the applicable document in (2) above prior to the approval date of the tax rate for the year of application; and

 

(7)  Inform the applicant of his or her appeal rights.

 

          (b)  Any documents provided to the assessing officials as evidence to meet criteria shall be:

 

a.  Treated as confidential; and

 

b.  Returned to the applicant pursuant to RSA 72:34, II.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 402.07  Duration of the Applications.

 

          (a)  Upon approval by the assessing officials, Form PA-29 or Form PA-42 shall remain on file as a permanent record except when:

 

(1)  The residential real estate is transferred to a new owner; or

 

(2)  The applicant no longer meets the statutory eligibility criteria.

 

          (b)  The applicant may reapply if he or she again qualifies for the credit, exemption or deferral.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 402.05)

 

PART Rev 403  VETERANS’ TAX CREDIT

 

          Rev 403.01  Residency Requirements.  An applicant shall meet the following residency requirements to be eligible for a veterans’ tax credit:

 

          (a)  Be a New Hampshire resident for one year preceding April 1 of the year for which the credit is requested; and

 

          (b)  Apply by April 15 for the tax credit in the municipality where the residential real estate is located.

 

Source.  #2080, eff 7-5-82; ss by #2821, eff 8-17-84, EXPIRED: 8-17-94

 

New.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

          Rev 403.02  Service Requirements.

 

          (a)  An applicant shall meet the following service requirements to be eligible for a veterans’ tax credit: 

 

(1)  Provide United States Department of Defense forms, pursuant to RSA 21:50, to serve as evidence of:

 

a.  An individual’s active duty has been terminated;

 

b.  The service member’s date of entry into service; and

 

c.  Date of discharge or separation and character of discharge or separation.

 

          (b)  The following shall be considered active duty: 

 

(1)  Active duty for members of the United States armed services pursuant to RSA 72:28, V;

 

(2) Service in a National Guard unit or an active reserve unit called to active duty by federal authority pursuant to RSA 72:28, V; 

 

(3)  Service as an American merchant seamen in active ocean-going service from 12/07/1941 to 8/15/1945 with a DD Form 214 or its precursors; or

 

(4)  Service by an individual who:

 

a.  Received the "Armed Forces Expeditionary Medal” or a “Theater of Operation Service Medal" as defined in RSA 72:29, VII; and

 

b.  Was issued a document establishing an individual’s status as a veteran, pursuant to RSA 21:50.

 

          (c)  The 90 days of active duty required, pursuant to RSA 72:28, IV, shall include the dates of:

 

(1)  Enlistment, induction or the date an officer reports for active duty; and

 

(2)  Discharge or separation as shown on the forms in (c) above.

 

          (d)  A discharged or separated individual may re-enlist immediately, but having been discharged or separated, if only momentarily, he or she shall qualify as a veteran for the veterans’ tax credit.

 

Source.  #2080, eff 7-5-82; ss by #2821, eff 8-17-84, EXPIRED: 8-17-94

 

New.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 403.03  Service Related Lists.  Applicants for a veterans’ tax credit or veterans’ tax exemption may obtain a list of service forms for the required evidence of service and a list of medals and decorations required for evidence by:

 

          (a)  Calling:

 

(1)  The department at 603-271-2687; or

 

(2)  The New Hampshire veterans council at 603-624-9230;

 

          (b)  Going online at www.nh.gov.revenue; or

 

          (c)  Writing to:

 

New Hampshire Department of Revenue Administration

Property Appraisal Division

PO Box 487

Concord, NH 03302-0487.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 403.04  Marital Status or Civil Union Partner Status.

 

          (a)  Either the veteran or the veteran’s spouse or civil union partner shall be eligible for a veterans’ tax credit.

 

          (b)  Each veteran shall be eligible for a veterans’ tax credit when both spouses or both civil union partners have met the requirements of RSA 72:28.

 

          (c)  Spouses or civil union partners whom are both eligible for the veterans’ tax credit, shall submit separate applications.

 

          (d)  The applicant(s) shall be eligible for a veterans’ tax credit in the same manner as either (a) or (b) above, whichever is applicable, if spouses or civil union partners are legally separated.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 403.03)

 

          Rev 403.05  Surviving Spouse or Surviving Civil Union Partner.

 

          (a)  The surviving spouse or surviving civil union partner of a veteran who was a New Hampshire resident at the time of the veteran’s death shall be entitled to the same veterans’ tax credit to which the deceased veteran was entitled.

 

          (b)  A veteran, for the purposes of a surviving spouse or civil union partner applying for the veterans’ property tax credit, shall:

 

(1)  Be deceased; 

 

(2)  Have been killed, or died, on active duty as defined by RSA 72;29-a, I; and

 

(3)  Meet the requirements in RSA 72:29, V.

 

          (c)  A New Hampshire resident, who is a surviving spouse or surviving civil union partner in (a) above, shall be eligible for the veterans’ tax credit on residential real estate whether or not the veteran was a New Hampshire  resident at the time of death.

 

          (d)  If the surviving spouse or surviving civil union partner owns residential real estate with another person, in undivided ownership, who is equally entitled to a veteran's tax credit, the total credit shall:

 

(1)  Be prorated; and

 

(2)  Not exceed the statutorily set amount, unless the municipality has adopted the provision under RSA 72:29-a, II.

 

          (e)  A surviving spouse or surviving civil union partner of a New Hampshire resident with a service connected death may have the credit applied to any one real estate parcel in the municipality where the surviving spouse or surviving civil union partner resides.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 403.04)

 

          Rev 403.06  Service Connected Death.  A surviving spouse or surviving civil union partner shall be eligible for a veterans’ tax credit based on a service connected death when the death:

 

          (a)  Has occurred after discharge or separation from active duty; and

 

          (b)  Been evidenced by written verification from the U.S. Department of Veteran's Affairs.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 403.07  Veterans’ with Service Connected Total and Permanent Disability.  Eligibility for the standard or optional veterans’ tax credit, based on a service connected total and permanent disability, shall be evidenced by written verification from the U.S. Department of Veterans’ Affairs that a veteran has been so classified.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 403.08  Applying for a Veterans’ Tax Credit.

 

          (a)  The applicant shall complete and file Form PA-29, “Permanent Application for Property Tax Credit/Exemptions” or Form PA-33, “Statement of Qualification for Property Tax Credit or Exemption”, whichever is applicable, with the municipality where the residential real estate is located, by April 15 prior to the setting of the tax rate.

 

          (b)  When a veteran, who received the credit, becomes deceased, the surviving spouse or surviving civil union partner shall apply, pursuant to (a) above, in order to receive the credit.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 403.09  Requested Documents.  Assessing officials may request, from the applicant, true copies of documents such as, but not limited to, United States Department of Defense forms, listed in Rev 403.02.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

PART Rev 404  APPLICATION FOR EXEMPTIONS

 

          Rev 404.01  Application for a Property Tax Exemption.  An applicant applying for a tax exemption shall complete and file with the municipality, by April 15 prior to the setting of the tax rate whichever of the following is applicable:

 

          (a)  The applicable section(s) of Form PA-29, “Application for Permanent Property Tax Credit and Exemptions”; or

 

          (b)  Form PA-42, “Residence in an Industrial or Commercial Zone Application for Exemption”.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 404.02  Requested Documents.  Assessing officials may request true copies of any documents that are applicable in order to verify the information on the application, such as:

 

          (a)  List of applicant’s assets and their value;

 

          (b)  List of applicant’s net encumbrances and net value;

 

          (c)  Statement of applicant’s and spouse’s or civil union partner’s income such as, but not limited to:

 

(1)  Federal income tax return for the preceding tax year;

 

(2)  Social Security; or

 

(3)  A written statement explaining why a federal income tax return was not filed;

 

          (d)  Income or interest and dividends tax return of any state for the preceding tax year;

 

          (e)  Property inventory filed in any New Hampshire municipality other than the municipality from which the exemption is sought;

 

          (f)  Any other document with supporting evidence; and

 

          (g)  In the instance of a trust, Form PA-33, “Statement of Qualification for Property Tax Credit or Exemption”.

 

Source.  #5911, eff 10-14-94; ss by #7410, eff 11-23-00; (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

PART Rev 405  NON-PROFIT HOUSING PROJECTS EXEMPTION

 

          Rev 405.01  Definitions.  For purposes of this part, the following definitions shall apply:

 

          (a)  "Community health care facility" means a structure used as a general health, nutritional, or medical care facility which is used primarily for the care of elderly or handicapped persons.  The term does not include nursing homes, hospitals, intermediate care facilities and traditional care facilities;

 

          (b)  "Community housing facility" means a structure, primarily used as a permanent residence for elderly families or families with a handicapped member or members.  The term does not include nursing homes, hospitals, intermediate care facilities and traditional care facilities;

 

          (c)  "Non-profit charitable corporations or organizations" means those entities which have applied for and received, from the United States Internal Revenue Service, a confirmation of their tax status as exempt organizations under either section 501 (c)(3) or section 501 (c)(4) of the Internal Revenue Code, as defined in RSA 77-A:1, XX; and

 

          (d)  "Sponsored" means a non-profit charitable corporation or organization which has approval by the United States Department of Housing and Urban Development as a sponsor of a community housing facility with regard to its administration and financial capability and responsibility.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 404.01)

 

          Rev 405.02  Criteria.  To qualify for the tax exemption provided under RSA 72:23-k, a facility shall:

 

          (a)  Be actively used and occupied as a community housing facility or as a community health care facility; and

 

          (b)  Meet at least one of the following standards:

 

(1)  The facility shall be owned or sponsored within or without New Hampshire; or

 

(2)  The facility shall be directly related to projects organized, operated or assisted under state law pursuant to rules issued by the United States Department of Housing and Urban Development, or both.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08 (from Rev 404.02)

 

PART Rev 406  APPLICATION FOR DEFFERALS

 

          Rev 406.01  Deferral Applications.  Applications for deferrals shall be filed yearly on whichever is the applicable date stated in Rev 406.03.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 406.02  Criteria for Tax Deferral for Disabled.  The applicant shall meet the requirements of RSA 72:38-a to be eligible for a tax deferral for the disabled.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 406.03  Applying for a Tax Deferral for Elderly or Disabled.

 

          (a)  The applicant shall complete and file his or her portion of Form PA-30, “Tax Deferral Application for Elderly or Disabled”, with the municipality annually by March 1, following the date of notice of tax, for each tax year against which the tax deferral is requested.

 

          (b)  If there is a mortgage against the property, the mortgagee shall indicate approval by dated signature prior to Form PA-30 being filed with the municipality.

 

          (c)  The assessing officials, in order to determine the applicant’s eligibility, may request any applicable documents such as a:

 

(1)  List of applicant’s assets and their value;

 

(2)  List of applicant’s net encumbrances and net value;

 

(3)  Statement of applicant’s and their spouse’s or civil union partner’s income such as, but not limited to:

 

a.  Federal income tax return for the preceding tax year;

 

b.  Social Security income; or

 

c.  A written statement explaining why a federal income tax return was not filed;

 

(4)  Income or interest and dividends tax return for the preceding tax year from any state;

 

(5)  Property inventory filed in any New Hampshire municipality other than the municipality from which the exemption is sought; and

 

(6)  In the instance of a trust, Form PA-33, “Statement of Qualification for Property Tax Credit or Exemption”.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 406.04  Assessing Officials Response.

 

          (a)  Approved applications shall be distributed by the assessing officials as follows:

 

(1)  The original application to the register of deeds of the county in which the property is located;

 

(2)  A copy to the property owner; and 

 

(3)  A copy to the assessors.

 

          (b)  If the application for deferral is denied, as a result of the review pursuant to Rev 402.05, indicated by a lack of dated signatures of the majority of assessing officials, the assessing officials shall provide a brief reason for the denial on Form PA-35. 

 

          (c)  Denied applications shall be distributed by assessing officials as follows:

 

(1)  The original application retained by the assessing officials;

 

(2)  A copy mailed to the applicant; and

 

(3)  A copy sent to the assessors.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

PART Rev 407  PROPERTY HELD IN TRUST OR LIFE ESTATE

 

          Rev 407.01  Applying for a Credit, Exemption or Deferral When Real  Property is Held in Trust or as a Life Estate.

 

          (a)  Form PA-33, “Statement of Qualification for Property Tax Credit or Exemption”, shall be filed by property owners with real property held in trust or as a life estate, applying for a tax credit, exemption or deferral, by accompanying Form PA-29, PA-42 or PA-30, whichever is applicable.

 

          (b)  Applicants filing Form PA-33 shall include the following applicable documentation:

 

(1)  A copy of the trust instrument as defined in RSA 564-B:1–103;

 

(2)  A certification of trust in accordance with RSA 564-B:10; or

 

(3)  A copy of the deed assigning ownership of the life estate.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

PART Rev 408  FORMS

 

          Rev 408.01  Property Tax Credits Form.  An applicant applying for a property tax credit shall file, by April 15 prior to the setting of the tax rate, Form PA-29, “Application for Permanent Property Tax Credit and Exemptions” with the assessing officials.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 408.02  Property Tax Exemptions Form.

 

          (a)  An applicant applying for a property tax exemption shall file, by April 15 prior to the setting of the tax rate, Form PA-29, “Application for Permanent Property Tax Credit and Exemptions” with the assessing officials.

 

          (b)  An applicant applying for a nonprofit housing tax exemption shall file pursuant to RSA 72:23-c, I.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 408.03  Property Tax Deferrals Form.  An applicant applying for a property tax deferral shall file Form PA-30, “Tax Deferral Application for Elderly or Disabled”, with the municipality annually by March 1, following the setting of the tax rate, for each tax year against which the tax deferral is requested.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 408.04  Tax Credit, Exemption or Deferral for Real Property Held in Trust or as a Life Estate Form.  Form PA-33, “Statement of Qualification for Property Tax Credit or Exemption”, shall be filed with Form PA-29 or Form PA-30 by property owners with real property held in trust or as a life estate, applying for a tax credit, exemption or deferral.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

          Rev 408.05  Residential Property in an Industrial or Commercial Zone Exemption Form.  An applicant filing for an exemption for a residence in an industrial of commercial zone shall complete and file Form PA-42, “Residence in an Industrial or Commercial Zone Application for Exemption”.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 

PART Rev 409  APPEALS

 

          Rev 409.01  Appeals.  Pursuant to RSA 72:34-a, the applicant may appeal the assessing officials denial of an application to the:

 

          (a)  New Hampshire board of land and tax appeals; or

 

          (b)  New Hampshire superior court in the county in which the real property is located.

 

Source.  (See Revision Note at chapter heading for Rev 400) #9309, eff 10-30-08

 


APPENDIX

 

Rule

Statute

Rev 401.01

RSA 72:36

Rev 401.02 - 401.03

RSA 21-J:13

Rev 401.04 - 401.05

RSA 72:36

Rev 401.06

RSA 21-J:13

Rev 401.07

RSA 72:36

Rev 401.08 401.13

RSA 72:36

Rev 402.01

RSA 72:36

Rev 402.02

RSA 21-J:13

Rev 402.03 402.04

RSA 72:36

Rev 402.05

RSA 72:33

Rev 402.06 - 402.07

RSA 72:36

Rev 403.01 -403.09

RSA 72:36

Rev 404.01 - Rev 404.02

RSA 72:36

Rev 405 - Rev 407

RSA 72:36

Rev 408.01 - Rev 408.05

RSA 72:36

Rev 409

RSA 72:34-a