The Senior Citizens’ Annual Property Tax Deduction is an annual deduction of up to $250 from property taxes for homeowners age 65 or older or disabled who meet certain income and residency requirements. This benefit is applied for at the Tax Assessor’s Office in Borough Hall.
File this claim with the municipal tax assessor from October 1 through December 31 of the pretax year, i.e, the year prior to the calendar tax year or with the municipal tax collector from January 1 through December 31 of the calendar tax year. For example, for a property tax deduction claimed for calendar tax year 2018, the pretax year filing period would be October 1 to December 31, 2017 with the assessor and the tax year filing period would be January 1 to December 31, 2018 with the collector.
Eligibility for the property tax deduction is established prior to the calendar tax year for which the deduction is claimed as follows:
New Jersey Citizenship as of October 1 pretax year
Property Ownership as of October 1 pretax year
Residence in New Jersey and in Dwelling House as of October 1 pretax year
Residence in New Jersey for 1 year immediately prior to October 1 pretax year
Senior Citizen age 65 or more as of December 31 pretax year
Permanent and Total Disability as of December 31 pretax year
Surviving Spouse age 55 or more as of December 31 pretax year and at the time of spouse’s death
Citizen & Resident Defined
United States Citizenship is not required. Resident for purposes of this deduction means a claimant who was legally domiciled in New Jersey for one year immediately prior to October 1 of the pretax year. Domicile is the place you regard as your permanent home - the place you intend to return to after a period of absence. You may have only one legal domicile even though you may have more than one residence. Seasonal or temporary residence in this State, of whatever duration, does not constitute domicile. Absence from the State for a 12 month period is prima facie evidence of abandonment of domicile.
Residence in Dwelling House Defined
Residence in the dwelling house means the dwelling where a claimant makes his principal or permanent home. Vacation, summer or second homes do not qualify. Only one deduction may be received per principal residence regardless of the number of qualified claimants residing on the premises.
Tenancy by Entirety Defined
Tenancy by Entirety means ownership of real property by both husband and wife, as a single ownership, in joint title acquired after marriage.
Income Defined & Limited
The income period is the same tax year as the tax year for which a deduction is claimed.
A claimant must reasonably anticipate that income received during the tax year, including income of the claimant’s spouse, will not exceed $ 10,000. Income of claimant’s family members, other than spouse should not be included as annual income.
Income means all income received from whatever source derived including, but not limited to:
In Their Entirety Pension, Annuity and Retirement Benefits
Income from Rents
Other Compensations Before Payroll Deductions
Realized Capital Gains
Realized capital gains, except for capital gain from the sale or exchange of real property owned and used by the claimant as his principal residence, dividends, interest, pensions, annuities and retirement benefits must be included in full without deductions even though they may be wholly or partially exempt for Federal income tax purposes.
Income can be excluded under one of the following three categories:
Retirement Benefits or State, County, Municipal Government and their political subdivisions and agencies
Social Security Benefits or Federal Government Retirement Disability Pension including Federal Railroad
Documentary Proofs Required
Each assessor and collector may require such proofs necessary to establish claimant’s deduction entitlement and photocopies of any documents should be attached to this form as part of application record. For example:
Age may be verified by:
Military Record or Discharge
Social Security Record
Disability may be verified by physician’s certificate, Social Security document, New Jersey Commission for Blind, certificate
Surviving Spouse by death certificate of decedent, ownership by deed, executory contract for property purchase, last will and testament
Residence by New Jersey driver’s license, motor vehicle registration, voter’s registration
Tax Year Income Statement Required
On or before March 1 of the year immediately following the tax year for which deduction was claimed or received, a claimant must file a Post-Tax Year Income Statement, Form PD5, confirming that annual income for the tax year did not exceed the $10,000 limit and that anticipated annual income for the current year will not exceed that limit and that all other eligibility prerequisites continue to be met. For example, the Post-Tax Year Income Statement filed by March 1, 2018 supports the claim for deduction for tax year 2017 by confirming 2017 income. Anticipated income would refer to income received in tax year 2018 for the 2018 deduction. If this income statement is not timely filed, deduction will be disallowed and claimant will be billed for the amount.
A claimant may appeal any unfavorable determination by the assessor or collector to the County Board of Taxation annually on or before April 1.