Death & Survivor Benefits

Vermont Property Tax Exemption for a Survivor of a Veteran

The same $10,000 to $40,000 exemption for an unremarried widow or widower of a previously qualified veteran, with no requirement that the survivor be receiving anything, and for a spouse or child who owns the home and receives death compensation or DIC.

Also called: property tax, 32 VSA 3802, surviving spouse, unremarried, DIC, death compensation, widow, widower, May 1.

For: Child, survivor.

Where it applies

Written for the jurisdictions listed here.

Vermont carries the veteran property tax exemption across to the family on two separate paths, and the two are worth keeping apart because one of them asks for nothing at all. The first path is in the main grant. Section 3802(11)(A)(i) lets the residence be owned in fee simple by a veteran, the veteran's spouse, widow, widower, or child, or jointly by any combination of them, where one or more of them is receiving death compensation or dependency and indemnity compensation. A surviving spouse or a child drawing DIC and owning the home qualifies in their own right, while the veteran is alive or after. The second path is section 3802(11)(C) and it is the one nobody is told about. An unremarried widow or widower of a previously qualified veteran shall be entitled to the exemption whether or not the individual is receiving government compensation or pension. Read that literally, because it means what it says. If the veteran held the exemption, the surviving spouse keeps it without having to qualify for any federal payment at all. A spouse who is denied DIC still has the exemption. The words that do the work are "previously qualified". The veteran has to have been eligible. A surviving spouse whose veteran never claimed the exemption should expect to have to show that the veteran would have qualified, so a veteran who is eligible should claim it even in a year it is worth little. Remarriage ends it. The statute says unremarried, not unremarried at the date of death, so the status is tested as it stands rather than frozen. Tell the Office of Veterans Affairs rather than letting it run. The amount is the same as the veteran exemption: $10,000 of appraisal value under the statute, up to $40,000 where the town has voted it, applied against both the municipal and the education grand lists. Only one exemption may be allowed on a property. The definitional carve-outs in paragraph (B) reach survivors too. The federal definitions apply as if federal law recognized a civil union or a civil marriage in the same manner as Vermont law, which matters for a surviving partner of a Vermont civil union, and the age and marital status limits in 38 U.S.C. 101(4)(A) do not apply, so an adult child is not aged out of the ownership test the way the federal definition would age them out. The procedure is the veteran procedure. Written application and a written statement showing the payment go to the Office of Veterans Affairs before May 1 of the year. A spouse widowed in June has until May 1 of the following year and there is no partial-year filing. No disability rating governs any of this, so a rating filter never hides this entry.

Thresholds

Thresholds for Vermont Property Tax Exemption for a Survivor of a Veteran
GateRule
Unremarried widow or widower of a previously qualified veteranSection 3802(11)(C) entitles the unremarried surviving spouse of a previously qualified veteran to the exemption whether or not the individual receives any government compensation or pension. No rating and no federal payment is required, so the rating filter never hides this benefit.
Death compensation or dependency and indemnity compensationA spouse, widow, widower, or child who owns the residence in fee simple and receives death compensation or DIC qualifies under the main grant in 3802(11)(A)(i) in their own right.
Remarriage ends it, and May 1 governsThe statute says unremarried, tested as it stands rather than at the date of death. The application goes to the Office of Veterans Affairs before May 1 of the year; there is no partial-year filing after a death.

Sources

Legislation

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2023 Act 144 (Adj. Sess.), § 9 Made the veterans property tax exemption a one-time filing where the disability is permanent

Needs reviewEnactedScope changed

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Makes the veterans property tax exemption a one-time filing where the disability is permanent.

Amended 32 V.S.A. 3802(11) so that an application based upon permanent disability is only required to be filed with the Office of Veterans Affairs before May 1 of the first year for which the exemption is sought, after which the exemption remains on the grand list until title to the property is transferred. Guidance written before June 2024, including the federal Army benefits library entry for Vermont, still tells veterans to re-file every year. The Office of Veterans Affairs describes the once-only rule as applying to veterans deemed totally and permanently disabled, which is narrower than the statute’s "permanent disability".

Sponsor

  • William CanfieldRepublican, House, Rutland-10

Touches 32 V.S.A. § 3802(11)(A)(ii)

Official record

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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.