§ 4-27-3. Minimum criteria for property tax exemption by designation of the Board of Supervisors.

The Board shall not consider any application from any organization under Article 27 of this ordinance unless that organization is qualified for designation pursuant to Virginia Constitution, Article X, § 6(a)(6) and that organization also meets these minimum criteria:

(1)

The property, for which exemption is requested by a new applicant, already was exempt by designation or classification by the Virginia General Assembly on or before January 1, 2011, for the sole purpose of providing affordable housing in Fairfax County and still had tax exempt status at the time of sale to the new applicant;

(2)

The new applicant acquired the property to own, operate and use the property in the same manner and for the same purposes as the former exempt property owner;

(3)

Notwithstanding, the new applicant shall own, operate and use the property for charitable purposes as Affordable Housing within Fairfax County as defined in Section 4-27-1 of this ordinance.

(4)

The organization (new applicant) seeking tax exemption under this Article is operated on a non-profit basis and has qualified for federal income tax exemption pursuant to 26 U.S.C. §§ 501(c)(3) or 501(c)(4). ^{3 []}

(5)

Except for reasonable salaries and reimbursements paid to its officers and employees for services actually rendered, no part of the income of the organization inures to the benefit of any individual person or any other organization; and,

(6)

Any exemption considered and approved by the Board of Supervisors shall become effective as defined in Section 4-27-1. However, in the event the exemption applicant owes Fairfax County any delinquent taxes, the Director shall deny the otherwise approved exemption until such time as the delinquency has been paid. (19-11-4.)

Footnotes:

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3. Sections 501(c)(3) and (4) of the U.S. Internal Revenue Code provide an income tax exemption for certain non-profit charitable organizations and non-profit civic associations.