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Va Tax Relief For Disabled Veterans


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  • HadIt.com Elder

I am not sure how this law will play out, but I have a letter from the VA stating 100% P%T.

I received my application from our Tax Commissioner.

I gave them the completed application, a copy of the letter from the VA

a copy of state taxes for this year

and I included a copy of my picture of Service Connection.

I was told all was in order and would be processed.

Josephine

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I've had run in's with this lady at the Commissioner's office before. She pointed to the line where it said 80%, and said that it had to say one hundred. I tried to show her the other lines about TDIU, and P&T, but she just pointed back to the 80% and said your not getting it, unless that says 100.

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As I mentioned before this is going to be a court case!! The commissioner's are using the wording of the bill to deny vets that were included in the 7,500 total figure of 100% P/T veterans in Virginia. The voters of Virginia voted 84% for this benefit for their veterans and now the commonwealth is using this to delay and stall just like the VA.

Virginia IS NOT A VET friendly state!!

If it were me being denied I would contact my representative and make sure they know I am pissed about this. I would also write the governor. This needs to be corrected!

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  • HadIt.com Elder

I did locate this:

Please click on the link.

http://mophva.org/whats_new.html to read this:

Home Events News Chapters FAQ's Vet-Links

Virginia Disabled Veteran Real Estate Tax Exemption

REAL ESTATE TAX EXEMPTION

HB 1645 Real Estate Tax Exemption for 100% service-connected disabled veterans passed in the 2011 Session provides the implementing instructions to government agencies and guidance to veterans. This bill is quoted below:

“That the Code of Virginia is amended by adding in Chapter 32 of Title 58.1 an article numbered 2.3, consisting of sections numbered 58.1-3219.5 and 58.1-3219.6, as follows:

Article 2.3. Exemption for Disabled Veterans. 14 § 58.1-3219.5. Exemption from taxes on property for disabled veterans.

A. Pursuant to Article X, Section 6-A of the Constitution of Virginia, the General Assembly hereby exempts from taxation the real property, including the joint real property of husband and wife, of any veteran who has been rated by the U.S. Department of Veterans Affairs or its successor agency

pursuant to federal law to have a 100 percent service-connected, permanent, and total disability, and who occupies the real property as his principal place of residence.

B. The surviving spouse of a veteran eligible for the exemption set forth in this article shall also qualify for the exemption, so long as the death of the veteran occurs on or after January 1, 2011, the surviving spouse does not remarry, and the surviving spouse continues to occupy the real property as his principal place of residence. C. A county, city, or town shall provide for the exemption from real property taxes the qualifying dwelling pursuant to this section, and shall provide for the exemption from real property taxes the land, not exceeding one acre, upon which it is situated. However, if a county, city, or town provides for an

exemption from or deferral of real property taxes of more than one acre of land pursuant to Article 2 28 (§ 58.1-3210 et seq.) of this chapter, then the county, city, or town shall also provide an exemption for 29 the same number of acres pursuant to this section.

Application for exemption.

The veteran or surviving spouse claiming the exemption under this article shall file with the commissioner of the revenue of the county, city, or town or such other officer as may be designated by the governing body in which the real property is located, on forms to be supplied by the county, city, or town, an affidavit or written statement (i) setting forth the name of the disabled veteran and the name of the spouse, if any, also occupying the real property, (ii) indicating whether the real property is jointly owned by a husband and wife, and (iii) certifying that the real property is occupied as the veteran's principal place of residence. The veteran shall also provide documentation from the U. S. Department of Veterans Affairs or its successor agency indicating that the veteran has a 100 percent service-connected, permanent, and total disability. The veteran shall be required to refile the information required by this section only if the veteran's principal place of residence changes. In the event of a surviving spouse of a veteran claiming the exemption, the surviving spouse shall also provide documentation that the veteran's death occurred on or after January 1, 2011.”

We had several inquiries on whether a permanent and a total disability of less than 100% qualify for this exemption if the veteran is unemployable. The bill does not include the word “unemployable,” and DVS advised that the letter from the USDVA must state the individual is rated at 100% for a service connected disability, and it must be permanent and total. If you have a question concerning your status or you believe that your rating should be changed then you must file a new claim with the USDVA. Call 1-800-827-1000 to request a new letter or file a new claim.

We have also received questions from widows whose husbands did have a 100% permanent and total disability and had passed away prior to 1 January 2011. The bill is NOT retroactive and the spouse must have been alive on 1 January 2011 for her to qualify. We hope this review of the bill text and DVS determination on this bill will help address any questions you may have.

Past News & Reports

NEC 2010 National Convention Report :

Click Here to View the PDF File

Sr Vice Cmdr 2010 National Convention Report :

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60th Anniversary Korean War :

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LAMOPH 2010 National Convention Report :

Click Here to View the PDF File

Edited by Josephine
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Joeshephine, I think they are incorrect.

I only say this, becuase when I went into my counties code book, they have it where if I am deemed to be permanently and totally disabled, then I am eligble for the RE tax break, "if I meet a certain income requirment". I draw SS, and while I haven't been told by SS that I am permanent, I talked with a friend that works there, and she told me that with PTSD cases, it's considered permanent.

The kicker of course, is they are trying to use the enumeration of 100% service connected evaluation. Yeah i may be on 80%, but when they rated me at 80% and TDIU, they asked if there was anything else I wanted. I told the VA no, I'm good with that, cause I had already battled them for 4 years to get that. And while I had some claims that I could still file, and have since had another backsurgery, I didn't feel right, taking up more "claims time" since the VA is so backlogged anyway. So I'm going to contact my district rep in the house, and tell him exactly this.

Their is a discrepancy between how these localities are treating "total and Permanent disabled, for avg. person" compared to how they are treating "T&P Vets". I'm 80% now, if it weren't for my wife working, then I could file and get it based on the limited revenue, should I tell my wife to stop working? No that's not going to happen, but if I have to, which I will, because common sense, is very lacking theses days, go get a lawyer, and file suit against my county. Really hoped I wouldn't have to do that, cause I don't want the whole county knowing my business, but if that's what it takes.

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