Any resident property owner may apply for a tax deferral if they:
- Are either at least 65 years of age or eligible under Title II or Title XVI of the Federal Social Security Act for benefits for the disabled; and
- Have owned the homestead for at least 5 years; and are living in the home.
If an application for a property tax deferral is denied, an applicant may appeal in writing on or before September 1st following the date of notice of tax under RSA 72:1-d to the New Hampshire Board of Tax and Land Appeals or the Superior Court.
Example: If you were denied a deferral from your 2000 property taxes, you have until September 1, 2001 to appeal.
Forms for appealing to the Board of Tax and Land Appeals may be obtained from the NH Board of Tax and Land Appeals, 107 Pleasant Street, Concord NH 03301 or by calling 603-271-2578.
Be sure to specify EXEMPTION form.
Tax Deferral 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 assessed 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.
This form must be filed by March 1st following the date of notice of tax.
Example: If you are applying for an exemption from your 2000 property taxes, which are due no earlier than December 1, 2000, then you have until March 1, 2001 to file the form.
The assessing officials shall send written notice advising the taxpayer of their decision to grant or deny the request for exemption by July 1st. Failure of the assessing officials to respond shall constitute a denial of the application.
A late response or a failure to respond by assessing officials does not extend the appeal period.