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Question

I am a veteran of WW2 and Korea. I formerly lived in Connecticut and currently own property there (in Bristol) which we use as a vacation home in summer. We currently live in Florida (applied for domiclie in 1992). While living as a permanent resident in Connecticut I was granted the veterans tax exemption. That exemption was apparently still on my tax bills after I applied fro Florida Homestead Exemption. The Florida law changed (i was not notified) in 2002 stating that any exemption in any other state disqualified anyone from the the Florida homestead exemption. The tax assessor now claims that I owe approximately $80,000 in interest and penelities because of the veterans exemption in Connecticut. The Bristol Tax assessor claims he can not go baCK AND Change the tax records to the year 2002. If he could do that, then this problem would go away. The whole situation surrounds the definition of "permament resident" in Connecticut. Is there a "permanent resident" statute for veterans?

Submitted: 24 days and 9 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Optional Information

State/Country relating to Question: Florida

Already Tried:
Contacted the Bristol Tax assessor and he said he could not chnage the records back to 2002. Hired a Florids attorney who is not familiar with Connecticuts Definition of Permament Residentcy (apparently it is not defined in the statutes such that it would apply in this case).

Posted by Justice4U 24 days and 9 hours ago.

Answer

If you have not done so, contact the Connecticut Taxpayer Advocate, see: http://www.ct.gov/drs/cwp/view.asp?a=1456&q=379724

The applicable regulation is,
Conn. Agencies Regs. § 12-701(a)(1)-1. (Resident of this state), which states, in part:

(8) The following items shall be considered in determining whether or not an individual is domiciled in Connecticut (this list is not intended to be all-inclusive):
(H) whether a Connecticut veteran’s exemption for real or personal property tax has been claimed;

I am included a link to the full text. The veterans tax exemption is considered in determining whether one is a permanent resident, but it is not a definitive indication of permanent residency. See all the factors in the applicable regulation at: http://www.ct.gov/drs/cwp/view.asp?A=1512&Q=269334&drsNav=|40824|

While the tax assessor in Conn. will not change the tax record, you should write management at that agency explaining your situation. You should request a letter explaining that the assessor did not update the record and it is not indicative of actual residency. Specifically, that veterans tax exemption was applied and does not equate to permanent residency. In addition to any such letter you may obtain, submit proof of residency in Florida and submit to management at the tax office. Be persistent and be sure you meet any tax assessment appeal deadlines.

Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.

24 days and 8 hours ago.

Reply

Your last paragraph is unclear.. You said that I should contact the management of that agency [ are you talking about the Bristol tax assessor who already knows the situation] or are talking about someone else?

You said that I should request a letter (from whom?) explaining that the assessor did not update the record and is not indicative of actual residency.I,m quite sure that the Bristol tax assessor will not write that letter.

Are you saying that I should submit proof of Florida residency to the Conn tax assessor?. The Florida assessor has that data and the Bristol tax assessor has been told that we are Florida residents.

 

Accepted Answer

I appreciate you patience. I will answer your questions below.

Your last paragraph is unclear.. You said that I should contact the management of that agency [ are you talking about the Bristol tax assessor who already knows the situation] or are talking about someone else?

I am referring to the Bristol assessor office management or the state agency that monitors county property tax assessor offices.

You said that I should request a letter (from whom?) explaining that the assessor did not update the record and is not indicative of actual residency.I,m quite sure that the Bristol tax assessor will not write that letter.

The assessor may refuse, but you should request anything to support your contention. For example, if you are still within the appeal period for your current Bristol tax assessment appeal and attempt to obtain a decision that you were not a resident for at least the last year. Another example of a letter supporting your position would be a letter explaining the application of the veterans exception. You could submit a public records request to the Bristol office for any documentation used in the determination of your residency status. The point being to gather as much information as possible and use any that supports your contention that you were not actually a resident of Bristol during that period. You should show the administrative decision to maintain your residency status has no bearing on your actual residency which is what should be at issue.

Are you saying that I should submit proof of Florida residency to the Conn tax assessor?. The Florida assessor has that data and the Bristol tax assessor has been told that we are Florida residents.


Unfortunately, the only way to spur action in governmental agencies is to be persistent and demand attention. The Bristol office may refuse to change a record, but that has no bearing on Florida law, most likely, and no bearing on reality. If the Florida office is basing the decision solely on your Bristol residency status, then attack that status. This will likely require an attorney to assist you in dealing with the matter. The information provided is superficial in the fact that your attorney will need to review the notices involved and regulations in detail. It appears that there is a basis to challenge this assessment. It does not appear that this decision is being based on your actual physical residency.

Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.

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Expert: Justice4U
Pos. Feedback: 97.5 %
Accepts: 
Answered: 10/29/2009

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Real Estate, Landlord and Tenant, Family Law, Consumer Rights, Nursing Home, Business Law

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