Tax Deferral for Elderly or Disabled

RSA 72:38-a

RSA 72:38-a: http://www.gencourt.state.nh.us/rsa/html/v/72/72-38-a.htm

Taxpayers that are 65 years or older or eligible under Title II or Title XVI of the federal Social security Act for benefits for the disable may qualify for a tax deferral program in accordance with RSA 72:38-a.

Elderly & Disabled Tax Deferral Application

FILING DEADLINE

No person shall be entitled to the deferral under this section unless the person has filed with the selectmen or assessors, by March 1 following the date of notice of tax. Any person who changes residence after filing such a permanent application shall file an amended permanent application on or before December 1 immediately following the change of residence.

QUALIFICATION INFORMATION GUIDELINES

Any resident property owner may apply for a tax deferral if the person:

  • is either at least 65 years old or eligible under Title II or Title XVI of the federal Social Security Act for benefits for the disabled; and
  • Has owned the homestead for at least 5 consecutive years if the person qualifies as an elderly applicant, or has owned the homestead for at least one year if the person qualifies as a disabled applicant; and
  • Is living in the home.

PROVISIONS

The assessing officials may annually grant a person qualified under this paragraph a tax deferral for all or part of the taxes due, plus annual interest at five percent (5%), if in their opinion the tax liability causes the taxpayer an undue hardship or possible loss of the property. The total of tax deferrals on a particular property shall not be more than eighty five percent (85%) of its equity value.

A tax deferral shall be subject to any prior liens on the property and shall be treated as such in any foreclosure proceedings.

If the property is subject to a mortgage, the owner must have the mortgage holder's approval of the tax deferral. Such approval does not grant the town a preferential lien.

When the owner of a property subject to a tax deferral dies, the heirs, heirs-at-law, assignee or devisee shall have first priority to redeem the estate by paying in full the deferred taxes plus any interest due. If the heirs, heirs-at-law, assignees, or devisees do not redeem the property within nine (9) months of the date of death of the property owner, the municipality may commit the accrued amount of the deferral to the collector of taxes with a warrant signed by the assessing officials requiring him or her to collect it. The collector of taxes shall have the same rights and remedies in relation thereto as provided in RSA 76:13 and RSA 80. Prior to holding a tax sale or executing a priority tax lien under RSA 80:59, the collector shall at least thirty (30) days prior to such tax sale or tax lien execution, send notice by certified or registered mail, to the last known post office address of the current owner, if known, or to the last known address of the deceased taxpayer, and to all mortgagees from whom permission has been sought pursuant to the preceding paragraph of this section. Any person with a legal interest in the property may redeem it, either prior to the tax sale or tax lien execution, or subsequently as set forth in RSA 80:32 or RSA 80:69.

To perfect the lien the assessing officials shall file notice of each tax deferral granted, within thirty (30) days, with the registry of deeds of the county in which the property is indicated to perfect it.

FILING DEADLINE

The completed Form PA-30 along with the income and asset qualification sheet shall be filed by March 1st following the date of notice of tax. Example: If you are applying for a deferral from your 2024 property taxes, which are due no earlier than December 1, 2024, then you have until March 1, 2025.