Understanding Florida Real Estate Taxes With Florida's Amendment 1

Florida's real estate tax laws can be tricky toFlorida resident and it is not your primary residence,
understand. There are several factors which affectSOH won't apply to your purchase. The assessed
the size of your property tax bill, so if you're buyingvalue cap is lifted automatically when the property
property in Florida or are relocating, it's important tochanges hands. It is important for new home buyers to
understand how taxes are calculated.rely on the current market value and not on the
Property values are in constant flux just as the realprevious owners tax assessment as it is likely that the
estate market is, so getting an accurate, currenthome will have an artificially low assessed value,
assessment is important. The assessed value of theespecially if it's been owned by the same person for a
property you buy may change dramatically when itnumber of years.
changes hands, so it's good to be aware of theOnce you buy a home, you can apply for homestead
factors that might influence how much tax you pay.exemption, and receive automatic SOH protection
As well as market rates your real estate tax bill willonce the exemption is approved for the next tax year.
also depend on the tax rate for different localWhat does that mean? If you buy your home prior to
government bodies. The property you buy will beDecember 31, 2008, you will have the benefit of
subject to taxes from several different bodies,whatever the prior homestead status is for your bill
including county and city government, the school board,that tax year. Once the new year begins and providing
hospital district, and water district. There may beyou have applied by March 31, your new Homestead
additional taxes if you live in a masterplannedexemptions will be reflected in the following
community.November's 2009 tax bill. Remember taxes are paid in
On the other side of the coin, homestead exemptionsarrears.
and the "Save our Homes" amendment help limit the"Save Our Homes" Portability
amount of your property tax bill.Amendment 1 has also changed the way SOH works.
County TaxesUnder Amendment 1, SOH protection now has
The amount you pay in county property taxes will, of"portability," meaning you can transfer a portion of your
course, vary depending on the value of your property.SOH benefit to a new homestead, if you meet the
However, they'll also vary depending on the tax rate inqualifying criteria.
your county, and where in the county you live. This isÂ
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 for
unincorporated regions tend to have lower propertyseveral years had a substantial property tax benefit,
taxes. If you live in Temple Terrace, some areas ofas their home's assessed value was capped.
New Tampa or the City of Tampa, for example, you'llHowever, while they would enjoy lower property
likely be paying more in property taxes than someonetaxes, they were also more or less trapped in that
living in Lutz or some portions of New Tampa, as thehome, as moving to a new homestead would mean a
former locations are incorporated and the latter aresharp increase in property taxes (as they would not
not. Unincorporated areas generally are lower becausebe protected by SOH).
they do not have "city" taxes.Amendment 1 has changed that by allowing Florida
Community Development District Taxhomeowners who receive SOH protection to transfer
People living in a Florida masterplanned community orthat protection to a new homestead. They must,
community development district will likely havehowever, apply for SOH within two years of
additional taxes to pay. These extra taxes are whatpurchasing the new property to be eligible to transfer
enable the developers of these communities to addthe accumulated tax benefit to the new home. For
extra amenities to enhance the lives of residents. Byexample, a homeowner who gave up their old
sharing the cost of community and land developmenthomestead after January 1, 2007, would have to claim
among residents, additional facilities such as recreationfor their new homestead by March 3, 2008 to be
centers, parks, walking trails, and sports facilities can beeligible for SOH portability.
added.The protection isn't limited only to people who
Depending on the community, the tax may have twopurchase new property. A Florida homeowner with
separate parts. One is a fixed amount that is payablemultiple properties can transfer homestead status and
for a fixed amount of time (usually no more thanSOH protection from one property to the other.
twenty years) - the bond portion. The second amountHowever, because these protections only apply to a
can vary from year to year depending on the needsprimary residence, they must also be willing to change
and budget of the community. If you're interested intheir primary residence. There are stiff penalties for
relocating to one of these communities it's important toclaiming homestead status on a property that is not
find out how much residents are expected to payyour primary residence.
each year, as the total varies widely depending on theTo apply for SOH portability you must apply for a new
community, the different villages within the communityhomestead exemption and also make a separate
and the types of facilities and services the masterapplication to transfer the SOH benefit to your new
planned community provides as a whole.homestead. You'll need DR-501T and DR-501R
Note that the responsibility for paying these taxes isapplication forms, which you can obtain from the
tied to the property, not to the owner. If the propertyFlorida Department of Revenue web site and turn in to
changes hands, payment of community fees andoffice of the county appraiser where your new
taxes becomes the responsibility of the new owner.homestead is located.
An owner does have to option to pay off the bondHow much can you transfer? It depends on whether
portion of the CDD for their property, thus reducing theyou're moving to a house of greater or lesser value
amount owed yearly to only include the working capitalthan the house in which you currently live. If it a home
needed to maintain the community.of greater value, you can transfer up to $500,000
Property Tax Homestead Exemptionworth of SOH protection from your original
Under the homestead exemption, all legal residents ofhomestead. If it's less in value, you can transfer up to
Florida can deduct $25,000 from the assessed value50% of the new property's value in SOH protection.
of their primary residence. This essentially reduces theStay with me here…
taxable value of the property, and reduces how muchFor example…
eligible Florida residents pay in property tax. CertainYour current homestead has a value of $300,000 and
groups of homeowners, such as senior citizens,SOH exemption of $150,000.
veterans, and the blind, may qualify for otherIf your new property has a value of $500,000 you'll
exemptions.receive portable benefits of $150,000.
The $25,000 homestead exemption is not grantedIf your new property is valued at $200,000 you'll
automatically, however. To be eligible in any given yearreceive $100,000 worth of protection (in this case
you must take possession of the homestead by150,000 of 300,000 is 50% - so you would apply the
December 31, and then apply for exemption no later50% to the new property value to arrive at your dollar
than March 31 of the next year.amount of reduction of assessed value).
Since January 9, 2008, eligible Florida homeowners canAssessment Cap for Non-Homesteads
gain a further $25,000 exemption under Amendment 1.Under Amendment 1, there is now an assessment cap
This exemption is received automatically by anyfor non-homestead property. This applies a cap of
homeowner who applies and is approved for the10% on the assessment of both residential and
original homestead exemption.non-residential property.
The second exemption is calculated as follows:As of January 1, 2008, all non-homestead property will
- The first $25,000 value of the home is the originalbe assessed at market value only. However, the
exemption.assessed increase from year to year is capped at
- The second $25,000 is fully taxable. This is10%. In addition, the assessed value of the property
necessary to allow Florida towns and cities wherecannot exceed market value.
assessed property values are low to continueEssentially, this means the assessed value of
collecting the revenue they need to run localnon-homestead property will be equal to market value.
government.If a non-homestead property is appraised at $350,000
- The third $25,000 is the new Amendment 1in 2008, it will be tax assessed at $350,000. If the
exemption. It is exempt from all taxes except forproperty is capped at 10% cap in 2009, its assessed
school tax. This allows schools to continue receivingvalue could not increase above $385,000, regardless
the funding they need (if this third portion was totallyof market performance.
exempt, schools wouldn't receive enough funding forNon-homestead property owners can apply for this
their schools).assessment cap in 2009.
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The "Save Our Homes" AmendmentTangible Personal Property Exemption
The Save our Homes (SOH) amendment preventsÂ
annual property assessments increasing more thanThe fourth Amendment 1 change is a $25,000 tangible
3% or the percentage increase in the Consumer Pricepersonal property exemption. To qualify, business
Index (whichever is lower). This guarantees anyowners must file a TPP return by April 1 in the year in
homeowner who receives a homestead exemptionwhich they wish to apply. If you file and your TPP is
that the assessed (taxable) value of their property willless than $25,000 in value, there's no need to file again
not increase more than 3% per year.unless your TPP value increases over that amount.
SOH protects existing Florida homeowners, but ifTangible personal property includes any owned and
you're buying Florida property and you are not aleased items used by a business.