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Understanding Florida Real Estate Taxes With Florida's Amendment 1

Florida's real estate tax laws can be trickynot a Florida resident and it is not your
to understand. There are several factorsprimary residence, SOH won't apply to your
which affect the size of your property taxpurchase. The assessed value cap is lifted
bill, so if you're buying property in Floridaautomatically when the property changes
or are relocating, it's important tohands. It is important for new home buyers to
understand  how  taxes  are  calculated.rely on the current market value and not on
the previous owners tax assessment as it is
Property values are in constant flux just aslikely that the home will have an
the real estate market is, so getting anartificially low assessed value, especially
accurate, current assessment is important.if it's been owned by the same person for a
The assessed value of the property you buynumber  of  years.
may change dramatically when it changes
hands, so it's good to be aware of theOnce you buy a home, you can apply for
factors that might influence how much tax youhomestead exemption, and receive automatic
pay.SOH protection once the exemption is approved
for  the  next  tax  year.
As well as market rates your real estate tax
bill will also depend on the tax rate forWhat does that mean? If you buy your home
different local government bodies. Theprior to December 31, 2008, you will have the
property you buy will be subject to taxesbenefit of whatever the prior homestead
from several different bodies, includingstatus is for your bill that tax year. Once
county and city government, the school board,the new year begins and providing you have
hospital district, and water district. Thereapplied by March 31, your new Homestead
may be additional taxes if you live in aexemptions will be reflected in the following
masterplanned  community.November's 2009 tax bill. Remember taxes are
paid  in  arrears.
On the other side of the coin, homestead
exemptions and the "Save our Homes" amendment"Save  Our  Homes"  Portability
help limit the amount of your property tax
bill.Amendment 1 has also changed the way SOH
works. Under Amendment 1, SOH protection now
County  Taxeshas "portability," meaning you can transfer a
portion of your SOH benefit to a new
The amount you pay in county property taxeshomestead, if you meet the qualifying
will, of course, vary depending on the valuecriteria.
of your property. However, they'll also vary
depending on the tax rate in your county, andÂ
where in the county you live. This is because
within a county, some regions areUnder the old pre-Amendment 1 system, a
incorporated and some are unincorporated, andhomeowner who had lived in the same homestead
unincorporated regions tend to have lowerfor several years had a substantial property
property taxes. If you live in Templetax benefit, as their home's assessed value
Terrace, some areas of New Tampa or the Citywas capped. However, while they would enjoy
of Tampa, for example, you'll likely belower property taxes, they were also more or
paying more in property taxes than someoneless trapped in that home, as moving to a new
living in Lutz or some portions of New Tampa,homestead would mean a sharp increase in
as the former locations are incorporated andproperty taxes (as they would not be
the latter are not. Unincorporated areasprotected  by  SOH).
generally are lower because they do not have
"city"  taxes.Amendment 1 has changed that by allowing
Florida homeowners who receive SOH protection
Community  Development  District  Taxto transfer that protection to a new
homestead. They must, however, apply for SOH
People living in a Florida masterplannedwithin two years of purchasing the new
community or community development districtproperty to be eligible to transfer the
will likely have additional taxes to pay.accumulated tax benefit to the new home. For
These extra taxes are what enable theexample, a homeowner who gave up their old
developers of these communities to add extrahomestead after January 1, 2007, would have
amenities to enhance the lives of residents.to claim for their new homestead by March 3,
By sharing the cost of community and land2008  to  be  eligible  for  SOH portability.
development among residents, additional
facilities such as recreation centers, parks,The protection isn't limited only to people
walking trails, and sports facilities can bewho purchase new property. A Florida
added.homeowner with multiple properties can
transfer homestead status and SOH protection
Depending on the community, the tax may havefrom one property to the other. However,
two separate parts. One is a fixed amountbecause these protections only apply to a
that is payable for a fixed amount of timeprimary residence, they must also be willing
(usually no more than twenty years) - theto change their primary residence. There are
bond portion. The second amount can vary fromstiff penalties for claiming homestead status
year to year depending on the needs andon a property that is not your primary
budget of the community. If you're interestedresidence.
in relocating to one of these communities
it's important to find out how much residentsTo apply for SOH portability you must apply
are expected to pay each year, as the totalfor a new homestead exemption and also make a
varies widely depending on the community, theseparate application to transfer the SOH
different villages within the community andbenefit to your new homestead. You'll need
the types of facilities and services theDR-501T and DR-501R application forms, which
master planned community provides as a whole.you can obtain from the Florida Department of
Revenue web site and turn in to office of the
Note that the responsibility for paying thesecounty appraiser where your new homestead is
taxes is tied to the property, not to thelocated.
owner. If the property changes hands, payment
of community fees and taxes becomes theHow much can you transfer? It depends on
responsibility of the new owner. An ownerwhether you're moving to a house of greater
does have to option to pay off the bondor lesser value than the house in which you
portion of the CDD for their property, thuscurrently live. If it a home of greater
reducing the amount owed yearly to onlyvalue, you can transfer up to $500,000 worth
include the working capital needed toof SOH protection from your original
maintain  the  community.homestead. If it's less in value, you can
transfer up to 50% of the new property's
Property  Tax  Homestead  Exemptionvalue  in  SOH  protection.
Under the homestead exemption, all legalStay  with  me  here…
residents of Florida can deduct $25,000 from
the assessed value of their primaryFor  example…
residence. This essentially reduces the
taxable value of the property, and reducesYour current homestead has a value of
how much eligible Florida residents pay in$300,000  and  SOH  exemption  of  $150,000.
property tax. Certain groups of homeowners,
such as senior citizens, veterans, and theIf your new property has a value of $500,000
blind,  may  qualify  for  other  exemptions.you'll receive portable benefits of $150,000.
The $25,000 homestead exemption is notIf your new property is valued at $200,000
granted automatically, however. To beyou'll receive $100,000 worth of protection
eligible in any given year you must take(in this case 150,000 of 300,000 is 50% - so
possession of the homestead by December 31,you would apply the 50% to the new property
and then apply for exemption no later thanvalue to arrive at your dollar amount of
March  31  of  the  next  year.reduction  of  assessed  value).
Since January 9, 2008, eligible FloridaAssessment  Cap  for  Non-Homesteads
homeowners can gain a further $25,000
exemption under Amendment 1. This exemptionUnder Amendment 1, there is now an assessment
is received automatically by any homeownercap for non-homestead property. This applies
who applies and is approved for the originala cap of 10% on the assessment of both
homestead  exemption.residential  and  non-residential  property.
The second exemption is calculated asAs of January 1, 2008, all non-homestead
follows:property will be assessed at market value
only. However, the assessed increase from
- The first $25,000 value of the home is theyear to year is capped at 10%. In addition,
original  exemption.the assessed value of the property cannot
exceed  market  value.
- The second $25,000 is fully taxable. This
is necessary to allow Florida towns andEssentially, this means the assessed value of
cities where assessed property values are lownon-homestead property will be equal to
to continue collecting the revenue they needmarket value. If a non-homestead property is
to  run  local  government.appraised at $350,000 in 2008, it will be tax
assessed at $350,000. If the property is
- The third $25,000 is the new Amendment 1capped at 10% cap in 2009, its assessed value
exemption. It is exempt from all taxes exceptcould not increase above $385,000, regardless
for school tax. This allows schools toof  market  performance.
continue receiving the funding they need (if
this third portion was totally exempt,Non-homestead property owners can apply for
schools wouldn't receive enough funding forthis  assessment  cap  in  2009.
their  schools).
Â
Â
Tangible  Personal  Property  Exemption
The  "Save  Our  Homes"  Amendment
Â
The Save our Homes (SOH) amendment prevents
annual property assessments increasing moreThe fourth Amendment 1 change is a $25,000
than 3% or the percentage increase in thetangible personal property exemption. To
Consumer Price Index (whichever is lower).qualify, business owners must file a TPP
This guarantees any homeowner who receives areturn by April 1 in the year in which they
homestead exemption that the assessedwish to apply. If you file and your TPP is
(taxable) value of their property will notless than $25,000 in value, there's no need
increase  more  than  3%  per  year.to file again unless your TPP value increases
over that amount. Tangible personal property
SOH protects existing Florida homeowners, butincludes any owned and leased items used by a
if you're buying Florida property and you arebusiness.



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