337 ELIGIBILITY FOR SENIOR CITIZEN HOMESTEAD TAX RELIEF

337.1 Class One Property owners, sixty-five (65) years of age or older, who receive retirement income, social security benefits, or both, as their primary means of support shall be eligible for a fifty percent (50%) reduction in real property tax liability pursuant to § 5(a) of the Real Property Tax Rates for Tax Year 1987 Act of 1986 (herein the 'Act') if the property owner submits an application for the reduction to the Deputy Chief Financial Officer of the Office of Tax and Revenue.

337.2 For purposes of this section, the phrase Class One Property owners means persons who occupy and possess total ownership interest of fifty percent (50%) or greater in the property subject to the reduction in the property tax liability provided by § 5(a) of the Act.

337.3 For purposes of this section, Class One Property owners who own as tenants by the entirety or as joint tenants with the right of survivorship are deemed to possess total ownership interest equal to the sum of all the interests in the tenancy, respectively.

337.4 The reduction in the property tax liability received pursuant to this section shall be applicable to real property tax liabilities arising after the effective date of the Act.

337.5 For purposes of this section and § 339, 'retirement income' shall include all income received during the preceding calendar year from pensions, annuities, and social security benefits.

337.6 For purposes of determining the income of Class One Property owners applying for the fifty percent (50%) tax liability reduction pursuant to § 5(a) of the Act, the following item of income, of all owners who occupy the subject property, shall be considered:

(a) All items of income subject to taxation on the D.C. Income Tax Return(s) filed for the tax year preceding the year for which the reduction in the property tax liability is requested;

(b) All items of income received during the preceding calendar year not subject to taxation under § 337.6(a), including but not limited to the following:

1. (1) Interest on federal and municipal securities;

2. (2) Nontaxable portion of any pension;

3. (3) Nontaxable portion of social security or similar benefits;

4. (4) Nontaxable portion of unemployment compensation (insurance);

5. (5) Positive cash distributions from a business or investment entity in which the applicant has an interest; and

6. (6) Proceeds of life insurance policies.

337.7 For purposes of this section and § 339, the word 'primary' as used in § 5(a) of the Act means fifty percent (50%) or greater.

SOURCE: Final Rulemaking published at 34 DCR 1837 (March 20, 1987).