                                 CODE OF VIRGINIA

EFFECTIVE DATE; CHANGE IN CIRCUMSTANCES (§ 58.1-3215)

A. An exemption or deferral enacted pursuant to &#xA7; 58.1-3210 or 58.1-3211.1
may be granted for any year following the date that the qualifying individual
occupying such dwelling and owning title or partial title thereto reaches the
age of 65 years or for any year following the date the disability occurred.
Changes in income, financial worth, ownership of property or other factors
occurring during the taxable year for which an affidavit is filed and having the
effect of exceeding or violating the limitations and conditions provided by
county, city or town ordinance shall nullify any exemption or deferral for the
remainder of the current taxable year and the taxable year immediately
following. However, any locality may by ordinance provide (i) a prorated
exemption or deferral for the portion of the taxable year during which the
taxpayer qualified for such exemption or deferral or (ii) a prorated exemption
or deferral for the portion of the taxable year during which the taxpayer would
have qualified for such exemption or deferral but had not yet filed an
application. Any prorated exemption or deferral under clause (ii) shall apply
only for the taxable year in which the taxpayer qualified for such exemption or
deferral and not any prior year.

B. An ordinance enacted pursuant to this article may provide that a change in
ownership to a spouse or a nonqualifying individual, when such change resulted
solely from the death of the qualifying individual, or a sale of such property
shall result in a prorated exemption or deferral for the then current taxable
year. The proceeds of the sale which would result in the prorated exemption or
deferral shall not be included in the computation of net worth or income as
provided in subsection A. Such prorated portion shall be determined by
multiplying the amount of the exemption or deferral by a fraction wherein the
number of complete months of the year such property was properly eligible for
such exemption or deferral is the numerator and the number 12 is the
denominator.

C. An ordinance enacted pursuant to this article may provide that an individual
who does not qualify for the exemption or deferral under this article based upon
the previous year&#8217;s income limitations and financial worth limitations,
may nonetheless qualify for the current year by filing an affidavit that clearly
shows a substantial change of circumstances, that was not volitional on the part
of the individual to become eligible for the exemption or deferral, and will
result in income and financial worth levels that are within the limitations of
the ordinance. The ordinance may impose additional conditions and require other
information under this subsection. The locality may prorate the exemption or
deferral from the date the affidavit is submitted or any other date.
			Any exemption or deferral under this subsection must be conditioned upon the
individual filing another affidavit after the end of the year in which the
exemption or deferral was granted, within a period of time specified by the
locality, showing that the actual income and financial worth levels were within
the limitations set by the ordinance. If the actual income and financial worth
levels exceeded the limitations any exemption or deferral shall be nullified for
the current taxable year and the taxable year immediately following.

HISTORY: Code 1950, § 58-760.1; 1971, Ex. Sess., c. 169; 1972, cc. 315, 616;
1973, c. 496; 1974, c. 427; 1976, c. 543; 1977, cc. 48, 453, 456; 1978, cc. 774,
776, 777, 780, 788, 790; 1979, cc. 543, 544, 545, 563; 1980, cc. 656, 666, 673;
1981, c. 434; 1982, cc. 123, 457; 1984, cc. 267, 675; 1987, cc. 525, 534; 1989,
c. 40; 2007, c. 357; 2008, c. 208; 2011, cc. 438, 496; 2025, cc. 522, 536.