On November 5, 20204, a voter casts their ballot at the polling place at Main Street Station in downtown Richmond. (Charlotte Rene Woods/Virginia Mercury)
A majority of Virginians supported a referendum to expand the state constitution to provide property tax credits to surviving spouses of service members who died in the line of duty.
The Constitution only applied to 100% disabled veterans and surviving spouses of soldiers killed in action, as determined by the U.S. Department of Defense.
Virginia’s unofficial election results show that 93% of Virginians supported the amendment through a referendum that was up for a vote last week.
“It is humbling to see the overwhelming support and to be able to help just over a hundred families,” said Sen. Jeremy McPike, D-Prince William, who led the change in the Senate. “I think once people read it and understood it, they understood why it was so important.”
As part of the requirement To make any change to the Virginia Constitution, McPike’s amendment had to be successfully passed by a majority in both chambers and will have to do so again in a second session after the general election.
He said the expansion of the law will now also apply to the spouses of service members who, for example, may have died in a training accident.
Under current law, the property tax exemption only applies to the spouses of military personnel who are either 100% disabled or “killed in action” – a specific Department of Defense term indicating that the death occurred as a result of enemy action.
Mitch Rubenstein, state commander of the Veterans of Foreign Wars of Virginia, said in a statement that the organization appreciated the votes in support of the amendment.
“We are grateful to voters for expanding the property tax exemption offered to the surviving spouses of service members killed in action, to the spouses of every military member killed while honorably serving this nation,” Rubenstein said .
In 2022, the lawmakers were passed legislation worn by Del. Kathy Tran, D-Fairfax, who gave localities the authority to grant property tax exemptions to certain surviving spouses of service members who died in the line of duty (LODD).
With the passage of the amendment, Friends of the Virginia Military Survivors & Dependents Education Program (VMSDEP), an advocacy group charged with ensuring the state’s tuition subsidy program is sustainable, said it hopes localities will continue to offer the tax break in addition to the statewide tax exemption.
“Our hope is that, in view of its enactment, the wording of the amendment will include the opportunity for local authorities to continue or choose to provide additional relief, by establishing or continuing a special tax classification for LODD survivors, including LODD suicide survivors. “Friends of VMSDEP said in a statement. “Enabling language should include a reduction in property taxes when the property is held in a revocable trust.”
The group also said it is seeking empowering language to empower survivors who lost their spouses while serving before September 11, when Line of Duty Determination Investigations were first conducted to prepare Line of Duty Death Determination Letters. provide alternative qualifying documentation. Additionally, the organization said it is requesting language to recognize and include fractional ownership for purposes of proportionate tax relief.
“Moving forward, Friends of VMSDEP will advocate for and support legislation that provides statewide equity between tax credits for LODD survivors and 100% disability survivors,” the group said.
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