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Maryland Property Tax Retro from 2013


marine0816

Question

I was awarded PT in January 2018 while I was pending appeal with the BVA for an earlier effective date. March 2019 my claim was granted and my PT effective date was awarded to November 2013 according to my ebenifits letter section. So I wanted my Maryland property tax exemption to retro back to my newly awarded PT date.

So I emailed my Tax office and the person stated that she couldn't give me a refund and only the Treasurer could and she even quoted the code section that she thought might do the trick(down below). It took a week for the Treasurer to respond back and he told me he won't issue me the refund from 2013 because the code section said "may". And he wouldn't give me a reason and precedent for making his decision and now hes ignoring me..

What kind of attorney can help me with this? I already have a VA disability Attorney not sure if they can help with this case. Any suggestions? Do I even have a case?

 

The email the tax lady sent me and the code section is down below.

Thanks

"Unfortunately I am not able to authorize any refund of taxes paid prior to the date you actually applied for the Veteran's Exemption.  Under the Annotated Code, Tax Property Title 7-208(f1) of the Maryland Tax Laws states an exemption under this section is prorated by the supervisor for any part of a taxable year that remains after the date in the year when the disabled veteran or surviving spouse applies for the exemption.        

You may check with the County Treasurer's Office if they will grant a refund of prior years under Tax Property Title 7-208(g1), which states in the taxable years in which an exemption under this section was authorized but not granted, the governing body of a county or municipal corporation may authorize, by law, a refund to an individual described below who receives an exemption under this section."


(g) (1) In the taxable years in which an exemption under this section was authorized but not granted,
the governing body of a county or a municipal corporation may authorize, by law, a refund to an
individual described below who receives an exemption under this section:

Edited by marine0816 (see edit history)
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I know of no state that refunds taxes to your disability date.  I lost ten years of refunds while my case was before the BVA, remanded and then before the BVA, remanded and then before the BVA.

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Here in Texas at the appraisal tax office  in my county  the date that you were approved for the property tax exemption to your mortgagee company after the exemption was in effect  not the date you became 100% sc disabled veteran.

 I got it the following year. but no refund in tax, if you paid property tax  after you become exempt  then you should get all the taxes that e exempt .

 Texas its up to the county as to the exemption you get   My county gives 100% exemption for state and road tax and school tax so I get a complete property tax exemption...which in some county's in Texas don't.

And now from what I read  if a 100% veteran is approved for his property tax exemption and is held back    the veteran has to request the tax office  supervisors and higher up executives for a Hearing  and they  hear your side about the tax refund...its either up to the tax office to give a refund back if they got the tax $$ from your mortgage company if they didn't then you need to check with your mortgage company  if you financed it.

Its hard to get apropertytax refund... its also up to your mortgage co to refund any property tax due if the escrow  is full filled.

Edited by Buck52 (see edit history)
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The property tax exemptions for veterans are really all over the place; most veterans know they can get a tax deduction if they file a copy of their dd214. But many don't realize not only you get that, but very often, there are additional  tax deductions if you have ANY VA disability and it can vary form one town or county to the next. In Connecticut, you get additional tax relief if your disability is 10 to 25%, then 25- 50%, etc. If you get a change, either up or down, you need to bring a copy down to the tax office. Also, you should find out if once you file, are you all set, or do you need to re-file every year.

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It's always best for a Veteran that just  recieved his VA Benefit;s that was awarded a 100% rating  contact his/her County Tax Appraisal Office for this Exemption .

You can copy off your EOB  LETTER from ebenfit's & take it with you for your prof of rating by the Veterans Administration 

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If you apply and qualify for the current tax year as well as the prior tax year, you will be granted the 100% Disabled Veteran Homestead Exemption for both years. Effective January 1, 2012, you may receive this exemption for the applicable portion of the year immediately upon qualification.

 For 100% disabled Veterans the property tax exemption  Effective January 1, 2012,

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This is a letter I sent to the legal office that wrote the article listed below. They only offer assistance to active duty, retirees and their family
Thanks for all the replies


Special Consideration for legal aide for 100% PT Disabled Veteran for MD Property Tax Exemption Retroactive Payments 


Hello,

    I'm a Marine Corps 100% Permanent  and Total Veteran and live in Maryland and I recently received my decision from the Board of Veteran Affairs(BVA)backdating my Permanent and Total effective date to November, 28 2013. I asked the Treasurer of the County to send retroactive payments for when I payed property tax from the date. He told me he was not familiar with the law and stated that he never gave any Veteran retroactive payments for property tax and would not issue any refund.

 Additionally I emailed and employee from the tax office and she stated that it was possible under Property Tax Code 7-208 (g) (1) which states: "in the taxable years in which an exemption under this section was authorized  but not granted, the governing body of a county or a municipal corporation may authorize, by law, a refund to an individual described below who receives an exemption under this section:"

 I also searched the internet and found the below and attached article by your office by Yosefi Seltzer titled Property tax exemptions may apply to disabled veterans, surviving spouses.http://ftmeadesoundoff.com/communitynews/allthingslegal/property-tax-exemptions-may-apply-disabled-veterans-surviving-spouses/. The key excerpt states: "If the veteran or spouse was entitled to an exemption prior to the application’s approval, the Maryland Department of Assessments and Taxation is authorized to issue a retroactive refund including interest on the exempt amount of taxes that was previously paid". Reading the article I interpret it as favorable to me and that I should receive payments from November 18, 2013 with interest.

The problem that I have is this is an unusual situation and I can't find anybody with legal expertise that can assist me. The County Treasurer has stopped returning my emails and is now completely ignoring me. I understand that I'm not eligible under your Office guidelines for assistance. But I'm an Iraqi Enduring Freedom Marine Corps Veteran and I do hold a DOD DD Form 2765 Military Identification card and able to access Military bases.  I'm asking you to make and exception and offer me legal help with my special situation since you and your office authored the aforementioned article and in my opinion would be the most knowledgeable. If  you can't make the decision unilaterally please forward this to proper channels for consideration. Thank you so much for your attention to this matter.

Semper Fi!
 

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