2011-24 ORDINANCE NO. 2011 -24
AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, DIVISION 3, SECTIONS
90 -74 AND 90 -76 OF THE CODE OF THE CITY OF FAIRFAX PERTAINING TO
TAX EXEMPTION FOR THE ELDERLY OR DISABLED.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 90,
Article II, Division 3, Sec. 90 -74 of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
Sec. 90 -74. Criteria for exemption.
Tax exemption, tax deferral, tax freeze, or a combination of freeze and deferral shall
be granted to persons who qualify under the following provisions:
1. The title of the property for which exemption is claimed must be vested on January 1
of the taxable year, wholly or partially in the name of the person or persons claiming
exemptions.
2. The head of the household occupying the dwelling as his sole dwelling and in whose
name, title, or an interest in title, is vested must, on December 31 of the year
immediately preceding the taxable year, be either (i) 65 years of age or older, or (ii)
permanently and totally disabled.
3. The gross combined income of the owner during the year immediately preceding the
taxable year must be determined by the city manager to be an amount not in excess of
$52,000 $62,000.
4. The net combined financial worth, including equitable interests, as of December 31 of
the immediately preceding taxable year, of the owner, and of the spouse of any owner,
excluding the value of the dwelling and the land, not exceeding one acre, upon which
it is situated, must not exceed $340,000.00.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 90, Article II, Division 3, Sec. 90 -76 of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
Sec. 90 -76. Amount of exemption /deferral/freeze.
When a person claiming any exemption, deferral or freeze under this division
conforms to the standards and limitations set forth in this division, the tax exemption, deferral,
or freeze shall be as shown for the selected category:
Basic tax relief.
TABLE INSET:
Income Exemption
$0- 32,000 42,000 100%
$32,001 42,000 $42,001 — 52,000 50%
$42,001 52,000 $52,001 — 62,000 25%
Tax deferral. The person or persons qualifying for and claiming tax deferral shall be
allowed to defer payment of 100 percent of all real estate taxes assessed by the city against the
real estate until payment becomes due as provided herein.
The accumulated amount of taxes deferred shall be paid without penalty, plus an
interest rate equal to the city's average rate of return on investments in the calendar year
immediately preceding the assessment of the deferred tax, not to exceed a maximum of eight
percent per annum, to the treasurer of the city by the owner at any time prior to or upon the
sale of the dwelling, or from the estate of decedent within one year from the death of the last
owner thereof who qualifies for tax deferral by the provisions of this division. Such deferred
real estate taxes shall constitute a lien upon the real estate as if they had been assessed without
regard to the deferral permitted by this division; provided, however, that such liens shall, to
the extent that they exceed the aggregate ten percent of the price for which such real estate is
sold, be inferior to all other liens of record.
Accumulated deferred taxes, together with the interest thereon, shall not exceed 33
percent of the assessed value of the property. If in any year a person who is otherwise eligible
under the conditions and limitations of this article for a deferral has accumulated deferred
taxes together with the interest thereon, which would exceed 33 percent of the assessed value
of the property, such person shall be entitled to an exemption for that portion of tax which
would exceed 33 percent of the assessed value of the property.
Tax freeze. The tax freeze option is available to all qualifying taxpayers. Taxes will be
frozen at the amount assessed in the year in which the taxpayer initially becomes qualified
under the income and asset parameters set forth in this division.
If, for any year following the initial qualification of a taxpayer for a tax freeze, the
total amount of property taxes assessed by the city falls below the freeze level, or such
taxpayer becomes disqualified for any other reason, a subsequent application for exemption
by such taxpayer may be filed, and shall be treated as an initial application for purposes of
determining the tax freeze amount.
Combination tax freeze /tax deferral. Any qualifying person may elect to participate in
the combination tax freeze /tax deferral program. Through this program, taxes will be frozen at
the amount assessed in the year in which the taxpayer initially becomes qualified under the
income and asset parameters set forth in this division, and the taxpayer may also defer the
amount of tax over and above the freeze level subject to all deferral regulations as outlined in
the previous section.
BE IT FURTHER ORDAINED that this ordinance shall become effective upon adoption as
provided by law.
Introduced: October 25, 2011
Public hearing: November 8, 2011
Enacted: November 8, 2011
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ayor
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ate
ATTEST:
City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye