Housing

Montgomery County Refund Under the Disabled Veteran Exemption

Montgomery refunds county property tax paid while a veteran was entitled to the state 100% exemption. The county code states older, narrower conditions than the state refund rule in section 7-208(g), which governs.

Also called: refund, property tax refund, 52-23, 7-208, 100% disabled, surviving spouse.

For: Veteran or service member, survivor.

Where it applies

Written for the jurisdictions listed here.

The full exemption for a veteran rated 100% permanent and total, or permanently unemployable, is granted by the State Department of Assessments and Taxation under Tax-Property Article section 7-208, and it is a State entry. The county's part is the refund of county tax already paid. County Code section 52-23, enacted in 1994, tells the Director of Finance to refund county property tax paid for the three taxable years before the exemption was first granted when the Supervisor of Assessments certifies the exemption, when the taxpayer qualified for the whole of each year refunded, and when the refund is claimed within three years after the tax was paid. The state rule is different and controls. Section 7-208(g) says a county "shall pay a refund" of county tax for the taxable years in which the exemption was authorized but not granted, provided the veteran applies for the exemption within the three-year period that begins with the calendar year in which the veteran first became eligible. SDAT reads first eligibility from the date of the VA rating decision and measures the refund from the effective date of the disability. Section 7-208(h) adds interest at the county's overdue-tax rate when the county has not paid within 60 days of the application. The county code's whole-year condition and its three-years-after-payment window do not appear in the statute. A veteran whose refund is cut short on those grounds should cite section 7-208(g). Check the refund box on the SDAT application. The county code pays the county share once the Supervisor of Assessments certifies the exemption.

Thresholds

Thresholds for Montgomery County Refund Under the Disabled Veteran Exemption
GateRule
100% permanent and totalThe refund follows the state exemption, which SDAT grants on a 100% permanent and total rating or a finding of permanent unemployability. One path is a VA rating of 100% that is service-connected, permanent, and total.
Permanent and total on the 100% pathThe 100% rating has to be permanent and total. A 100% rating VA has not made permanent does not meet this path.
Permanently unemployableThe other path is a finding that the veteran is permanently unemployable. The assessment application treats that as 100% permanently unemployable.
Permanent on the unemployability pathUnemployability qualifies on this path when VA has found it permanent.

Sources

Updated

Last updated .

Request an update

Out of date, a broken link, or something else wrong? Say what you found, and an editor checks it against the official source.

Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.