(1) The property owner of record or the property owner's agent must make application to the local department office to obtain a property tax exemption under the Montana Disabled Veteran (MDV) program for property tax assistance.

(2) The exemption applies to the residential real property of a qualified veteran or qualified veteran's surviving spouse that is owned or under contract for deed and used by a veteran or a qualified veteran's surviving spouse as a primary residence as provided for in 15-6-301 and 15-6-311, MCA.

(3) A taxpayer's primary residence is a dwelling in which the taxpayer can demonstrate they lived at least 7 months of the year for which the assistance is claimed. The primary residence:

(a) must be the only residence for which the taxpayer claims property tax assistance; and

(b) may include more than one Montana dwelling when the taxpayer resides in one dwelling for less than 7 months during the tax year and in another dwelling for less than 7 months of the same tax year, and the total between the two dwellings is at least 7 months of that year. In addressing such situations:

(i) the department will apply the full year benefit to the primary residence that the qualified applicant owns and occupies when their property taxes are billed; and

(ii) when such property transfers the department will notify the seller that they must provide their new property information to the department before the department will transfer the benefit to the applicant's new home.

(4) An applicant may demonstrate the 7-month occupancy requirement in (3) with such indicators including but not limited to:

(a) the mailing address for receipt of bills and correspondence;

(b) the address on file with the applicant's employer as the place of residence; and

(c) the mailing address listed on the applicant's federal and state tax returns, driver's license, car registration, hunting and fishing licenses, or voter registration.

(5) A temporary stay in a nursing home or similar facility will not change an applicant's primary residence for the purposes of the MDV.

(6) The MDV benefit does not transfer to the new owner of the dwelling.

(7) A property owner of record or the property owner's agent must file an application that is postmarked by April 15 of the year for which the assistance is first claimed. Applications received after that date will be processed and entered into the department's income and eligibility verification process for the following year.

(8) The department may accept applications through regular or electronic mail, in person, or by telephone. If by telephone, the employee shall verify that the applicant has affirmed their eligibility and affirmed that the dwelling is their primary residence by signing the form on the applicant's behalf and initialing the signature.

(9) Applicants and participants in the MDV as it existed on December 31, 2014, shall be entered into the department's annual verification process and will not be required to submit a new application. A veteran is not required to reapply once the department has entered their application into its verification process except as provided in (3).

(10) In reappraisal years, the April 15 application deadline is waived if a first-time applicant forwards an application to the department within 30 days after the date on the classification and appraisal notice.

(11) In non-reappraisal years, the April 15 deadline is waived if a first-time applicant forwards an application to the department postmarked before July 1.

(12) The department may waive the April 15 deadline at any time in which the department's local office or the Office of Taxpayer Assistance consults with local aging services, disability, or veterans affairs offices and confirms a hardship case exists. The department must document its finding.

(13) The department shall coordinate with the Social Security Administration and the Veterans Affairs Administration in developing its process for verifying the income and eligibility of applicants and participants.

(14) Each year the department will:

(a) verify the qualifying income and eligibility of MDV applicants and participants;

(b) grant or deny the applicant's benefit;

(c) advise applicants and participants of the department's determination in writing; and

(d) advise taxpayers of their right to appeal the department's determination to the State Tax Appeal Board within 30 days of receiving a determination letter.

(15) The information MDV applicants provide the department is subject to the false swearing penalties established in 45-7-202, MCA. The department:

(a) may investigate the information provided in an application and an applicant's continued eligibility; and

(b) may request an applicant to verify the occupancy of their primary residence.

(16) The department may address unusual circumstances of ownership and income that arise in administering this program such as:

(a) confusion when a spouse dies and the other spouse is not yet on the property's deed; or

(b) one-time increases in income used for funeral or medical expenses.