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RP-458-a-Ins (1/00)

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QUESTION 9 To obtain the alternative exemption, the property must be the primary residence of the

veteran or the unremarried surviving spouse of the veteran, unless such person is absent from the

property due to medical reasons or institutionalization.

QUESTION 10 To obtain the alternative exemption, the property must be used exclusively for

residential purposes. However, if a portion of the property is used for other than residential purposes, the

exemption applies only to that portion which is used exclusively for residential purposes.

QUESTION 11 For an alternative exemption, eligibility depends, in part, on who has the title to

qualifying residential real property. Attach a copy of the deed to your application.

QUESTION 12 Section 458 of the Real Property Tax Law of the State of New York provides an

exemption from real property taxation for real property owned by veterans or other members of the

eligible class which is purchased with the proceeds of a veteran's pension, bonus or insurance (or

dividends or refunds on such insurance) or compensation paid to prisoners of war. These moneys are

called "eligible funds" and are paid by the United States or New York State in recognition of the

veteran's military service. This section provides an exemption from general municipal taxes, but not

school taxes, special ad valorem levies or special assessments. Property is exempt to the extent that

eligible funds are used in the purchase, generally, not to exceed $5,000.

In some municipalities, however, property may be eligible for an exemption in excess of the $5,000

limitation. If your property is receiving an eligible funds exemption in a municipality which has

changed from fractional assessment to full value assessment, and if that municipality timely adopted a

local law preserving the value of eligible funds exemption on a pro rata basis, and that local law remains

in effect, your eligible funds exemption will increase or decrease as a result of the change to full value

assessment. Similarly, if your municipality has opted to apply the change in level of assessment factor to

eligible funds exemptions, the amount of exemption will increase or decrease when such change occurs.

(For more information concerning the eligible funds exemption and the appropriate form (RP-458),

contact your assessor.)

Where a municipality grants the alternative veterans exemption, no new eligible funds exemption may

be granted thereafter. In a municipality granting the alternative exemption, a veteran receiving an

eligible funds exemption on his/her primary residence can retain that exemption, or may apply for the

alternative exemption by submitting a new application to the assessor.

If the veteran earlier converted from eligible funds to the alternative exemption, and moves to a

county, city, town or village not granting the alternative exemptions, he/she can again receive the

eligible funds exemption. Similarly, if a municipality which grants the alternative exemption adopts a

local law to allow veterans, who previously received the eligible funds exemption but who switched to

the alternative exemption, to switch back to the eligible funds exemption and receive the change in level

of assessment, veterans have one year from the date of the local law to apply to switch back (get form

RP-458 from your assessor).

FILING THE APPLICATION

Application (RP-458-a) for exemption must be made to the local assessors. Where property is

located in a village which assesses, separate applications must be filed with both the village and town

assessors. The application must be filed on or before taxable status date and assessors have no authority

to grant applications filed after taxable status date. Taxable status date for most towns is March 1. In

Nassau County, the taxable status date for towns is January 2. In the counties of Erie and Westchester,

taxable status date is June 1. Taxable status date for most villages is January 1; however, the village

clerk should be consulted to insure certainty. Charter provisions control in cities so inquiry should be

made of city assessors for the taxable status dates in cities. Do not file the application with the State

Board of Real Property Services.

Form Rp-458-A - Instructions For Application For Alternative Veterans Exemption From Real Property Taxation Page 3

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