Frequently Asked Questions about STAR

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Q. What is STAR?

A. STAR is Governor George E. Pataki's School Tax Relief Program that provides a partial exemption from school property taxes. All New Yorkers who own and live in their one-, two-, or three-family home, condominium, cooperative apartment, mobile home, or farm home are eligible for a STAR exemption on their primary residence.

There are two parts to the STAR program: the "Basic" STAR exemption and the "Enhanced" STAR exemption.

 

The Basic STAR exemption is available for owner-occupied, primary residences regardless of the owners’ age or income. Basic STAR works by exempting the first $30,000 of the full value of a home from school taxes.

 

The Enhanced STAR exemption is available for the primary residences of senior citizens (age 65 and older) with yearly household incomes not exceeding the statewide standard (maximum). For 2008 assessment rolls, the applicants’ 2006 income, based on their 2006 income tax return, may not exceed $70,650. (The definition of “income” for this purpose is provided later in this pamphlet.) A cost of living adjustment will be made to the STAR income standard again for 2004 assessment rolls and annually thereafter.

 

For qualifying senior citizens, the Enhanced STAR program works by exempting the first $50,000 of the full value of their home from school property taxes. For property owned by a husband and wife, or by siblings, only one of them must be at least 65 years of age to qualify for the Enhanced exemption. Their combined annual income, however, must not exceed the STAR income standard.

Applicants for the Enhanced STAR exemption need only be 65 years of age as of December 31 of the year in which the exemption will begin.

Q. How do I get my STAR tax cut?

A. For both the Enhanced and Basic STAR exemptions, you must file an application with your local assessor . The application has been made as simple as possible. Property owners who are granted the Basic STAR exemption generally will not need to reapply in subsequent years because the Basic STAR exemption is granted regardless of income. However, Basic STAR recipients will need to notify their assessor if their primary residence changes.

If you are a senior citizen applying for the Enhanced STAR exemption, you must demonstrate that the combined income of all of the owners of the property, and of any owner’s spouse who resides on the premises, is no greater than the income standard for the applicable income tax year. You may do this in one of two ways:

Option 1: Traditional method

Submit a copy of your income tax return(s) for the appropriate income tax year to the assessor with your STAR application by the application deadline each year.

Option 2: STAR Income Verification Program

Supply your Social Security Number(s) and authorize the New York State Department of Taxation and Finance to verify your income eligibility each year (starting no sooner than 2004). If you choose this option, you do not need to submit an application and copy of your tax return(s) to the assessor every year. To choose this option, you must complete form RP-425-IVP and submit it to the assessor along with a traditional STAR application and the necessary income tax return(s) by the application deadline.

Q. Where do I get the STAR application?

A. STAR applications are available from your local assessor. The applications also can be found on the internet.

Q. How will I know my STAR application has been approved?

A. Assessors are required to notify applicants if their STAR application has been denied. If you mail your application to the assessor, it is suggested that you should send it by registered mail, return receipt requested. If you hand-deliver it, it is suggested that you request a receipt. When the tentative assessment roll is made available to the public, you can check to make sure that you will be receiving the appropriate STAR exemption.

Q. How will I know how much STAR is saving me in tax dollars?

A. Along with unprecedented savings, the STAR program creates a Property Taxpayers' Bill of Rights that ensures property owners are better informed than ever about their taxes. As part of the STAR program, you will receive a school property tax bill or other notice that will clearly state the amount of the STAR exemption and your tax savings.

Other information on the tax bill will include the market value of your property; the percent of market value used in assessing property in your community; the total tax levy and percent change from the prior year; information about how to challenge your assessment if you believe it is too high; the uniform percentage of value being used in the assessing unit and the full value of each property. Property owners can also use this information to help decide whether their properties are being assessed fairly and correctly.

Q. Does STAR apply to all taxes on my property?

A. No. The STAR exemption applies only to school district taxes. It does not apply to property taxes for other purposes, such as county, town or city (except in Buffalo, New York City, Rochester, Syracuse and Yonkers, where it also applies to city taxes).

Q. What types of properties are eligible for the STAR tax cuts?

A. STAR will reduce school property taxes on your primary residence only. There is no one single factor that determines whether a property is your primary residence, but factors such as voting, vehicle registrations, and length of time spent each year on the property may be relevant. Your local assessor may ask you to provide proof of residency with the application. In addition, the assessor may occasionally request proof of residence after the exemption has been granted, to verify that the property remains your primary residence.

Q. What if part of my property is used for other than residential purposes?

A. If the property is an eligible type of property such as a one-, two-, or three-family home, and is the owner's primary residence, it is eligible to receive the exemption if the non-residential use is just incidental. It is the responsibility of your local assessor(s) to make this determination.

In addition, in the case of a mixed-use property where the property is used partially as the owner's primary residence, and partially for some other use, the portion of the property used as a residence would be eligible for STAR. Again, it is the responsibility of your local assessor(s) to make this determination.

Q. I currently receive the low-income senior citizen exemption. Can I receive the STAR benefits and still keep my other exemption?

A. Yes. STAR requires that assessors apply the existing exemption and any other applicable exemption to the property's assessed value before applying the STAR exemption. This will result in greater tax savings for eligible homeowners.

In addition, low-income senior citizen homeowners who receive the existing Senior Citizen exemption automatically qualify for the Enhanced STAR exemption. As a result, they need only to file and qualify for the Senior Citizen exemption, and they will receive both that exemption and the Enhanced STAR exemption. The initial application form is RP-467, which also can be downloaded from ORPS's Internet home page by clicking on "Forms and Publications."

Q. What is the definition of income for the Enhanced STAR Exemption?

A. The combined income of all of the owners and of any owner's spouse who resides on the premises may not exceed the STAR income standard (maximum) for the applicable income tax year (for 2008 assessment rolls, income is based upon the 2006 income tax year). Income is defined as federal "adjusted gross income" [AGI] as reported on the applicant's federal or State income tax return, less the "taxable amount" of total distributions from individual retirement accounts or individual retirement annuities, both of which are commonly known as "IRAs".

Q. Is there a deadline by which I must file the application form?

A. Yes. However, deadlines vary across the state. Contact your local assessor for the STAR application deadline for your area. Telephone numbers for your assessor are available in the "blue pages" of your local phone book. You also can call the toll-free number listed at the end of this pamphlet, or you can access a complete statewide listing of assessors.

Q. Where do I file the STAR application form?

A. WITH YOUR LOCAL PROPERTY ASSESSOR. Do not file the application with the State Office of Real Property Services, the Governor's Office, or any other State agency.

Q. Are senior citizens required to prove their age?

A. Yes, but only with the initial application for STAR benefits. The law requires satisfactory proof of age, such as a birth certificate or baptismal certificate. If those documents are unavailable, a hospital birth record, an affidavit of age from the Social Security Administration, marriage record, passport, military record, immigration documents or other reliable records that prove age are acceptable. Remember, for property owned by a husband and wife, or by siblings, only one of them has to be at least 65 years old as of December 31 of the year in which the exemption will begin.

Q. Can the Enhanced exemption be granted to nursing home residents who own their homes?

A. Yes, provided that no one other than the co-owner(s) or spouse resides on the premises.

Q. Can a surviving spouse who is not 65 years old continue to receive the Enhanced exemption?

A. A surviving spouse can retain an existing Enhanced STAR exemption provided that she or he is at least 62 years old as of December 31 of the year in which the exemption will continue.

Q. How does STAR work for cooperative apartments and mobile homes in mobile home parks?

A. Persons living in either of these types of properties first must file a STAR application with their local assessor, just like any STAR applicant. Assessors must provide a breakdown of the exemptions to the cooperative manager or park owner so that proper amounts may be credited to the appropriate parties.

Q. How is STAR administered where property is in a trust?

A. The ownership of property is split when it is placed in trust: the trustee is the legal owner; the beneficiary is the beneficial owner. However, for STAR purposes, the trust beneficiary is treated as the owner. Thus, if senior citizens create a trust and convey their home to their children as trustees, and the seniors remain in the home as the beneficiaries of the trust, then, for STAR purposes, the owners of the home are the seniors, not their children. Therefore, the seniors would be able to get the STAR benefits.

Q. How is STAR administered where property is in a life estate?

A. The life tenant is deemed to own the property; so STAR eligibility is based on the life tenant's qualifications. A life estate generally is created by a deed. Often ownership is transferred to another party with life estate use reserved for the prior owner(s) or another party. In other cases, a life estate is expressly granted by one party to another. In either case, in the eyes of the law, as long as the holder of the life estate is alive, the property is "owned" by him or her.

Q. What if I buy a new home?

A. Your STAR tax exemption is not transferred automatically. You will have to apply for the exemption on your new primary residence.

Q. Where can I get more information about the STAR Program?

A. Please contact your local property assessor , or call toll-free 1-888-NYSTAR5 (1-888-697-8275) for your local assessor's telephone number. Please note that this is an 888 number, not an 800 number. You also can contact the County Director of Real Property Tax Services in your county. Information also is available from the State Office of Real Property Services (ORPS).


Revised June, 2007