What property qualifies as a "homestead?"
A “homestead” is a house or other residential structure that you own, together with up to 20 acres where the structure sits if the land is used for residential purposes. A manufactured home on a rented lot qualifies as long as you own the home. Manufactured homes must meet additional requirements for a "Statement of Ownership and Location," but if you did not receive the paperwork from the prior owner and cannot locate the seller after making a good faith effort, you can submit the affidavit in Form 114-A.
Who is eligible for a homestead exemption?
General residence homestead exemption. You are eligible for a homestead exemption if you (1) own your home (partial ownership counts), (2) the home is your principal residence, and (3) you have a Texas driver’s license or Texas-issued personal identification certificate (your I.D. card address must match your principal residence address).
Homeowners who qualify for a general residence homestead exemption are also eligible for the following exemptions if they meet these criteria:
- Over 65 exemption:For homeowners 65 and older. If you are over 65 when you die, your surviving spouse, if they are 55 or older, will get your over-65 exemption.
- Disability exemption:For homeowners (not their children) who have a disability that would qualify for Social Security Disability benefits. If you are a senior with a disability, you can take only one of the exemptions.
- Veteran exemption:For veterans with a disability, their spouses and survivors, and spouses and survivors of military personnel killed on active duty. The amount of the exemption depends on the percentage ofservice-connected disability.
How much will I save with the homestead exemption?
General Residence Homestead Exemption. The general residence homestead exemption is a $100,000 school tax exemption. This means that your school taxes are calculated as if your home is worth $100,000 less than its appraised value. For example, if your home is appraised at $300,000, you will only be taxed on $200,000.
Local Residence Homestead Exemptions. Some local governments have adopted additional homestead exemptions for school taxes. These local exemptions are based on a percentage of the homestead value. For example, a 20% local exemption applied to a $200,000 homestead would reduce the taxable amount to $160,000. When you then apply the $100,000 general exemption, the taxable amount falls to $60,000.
Elderly and Disabled Exemptions. If you are elderly or disabled, you qualify for an additional $10,000 school tax exemption. Some areas have even higher local exemptions for the elderly and disabled.
Elderly and disabled persons also get at least a $3,000 homestead exemption when calculating county taxes collected for flood control and farm-to-market road maintenance. This exemption may be larger in some districts.
If you qualify for both elderly and disabled exemptions, you may only choose one per tax district.
Veteran Homestead Exemptions. The veteran homestead exemption is based on the veteran’s disability rating.
| Disability Rating | Homestead Exemption |
|---|---|
| 100% | Full exemption (no property taxes) |
| 70 to 99% | $12,000 |
| 50 to 69% | $10,000 |
| 30 to 49% | $7,500 |
| 10 to 29% | $5,000 |
A veteran also qualifies for the $12,000 exemption if any of the following apply:
- They are at least 65 years old and have adisability rating of at least 10%.
- They are blind in one or both eyes.
- They have lost the use of one or more limbs.
When a disabled veteran dies, the surviving spouse continues to get an exemption at the same level until they remarry. If the veteran's spouse dies before the veteran, any surviving children under 18 split the exemption amount amongst themselves.
If a servicemember dies while on active duty, their surviving spouse gets a $5,000 exemption.
How do I apply for a homestead exemption?
You must apply with your county appraisal district to get a homestead exemption. Applying is free and only needs to be filed once. You can find forms on your appraisal district website or you can use the Texas Comptroller forms.
General Exemption Form 50-114.You can use Texas Comptroller Form50-114to apply for the General Homestead Exemption.
If you turn 65 or become newly disabled, you need to submit new application to obtain the extra exemption. These exemptions use the same Form 50-114along with Supplemental AffidavitForm 50-144-A.
Supplemental Affidavit Form 50-144-A. You will also need Texas ComptrollerForm 50-144-A if you are applying for an exemption based on any of the following:
- Age 65 or older
- Disability (non-veteran)
- Ownership of a manufactured home without written ownership documentation
- Heirship property
Disabled Veteran’s or Survivor’s Exemption Form 50-135.You can use Texas Comptroller Form 50-135 to apply for the Disabled Veteran’s or Survivor’s Exemption.
Is there a limit on how much my appraisal value can rise?
Your homestead's tax appraisal value cannot increase more than 10% each year, plus the value of any improvements you made in the past year.
How often do I need to apply for a homestead exemption?
You only need to apply for a homestead exemption once. You do not need to reapply every year.
The appraiser will review your homestead exemption at least once every five years to make sure the property still qualifies. However, you do not need to reapply to keep your exemption.
If the appraisal office decides that your current exemption is no longer valid, you may apply for another type of exemption if you qualify.
Likewise, if you lose your homestead exemption after moving and later return to the property as your primary residence, you may apply for a new homestead exemption.
How do I qualify for a homestead exemption on an inherited home?
If you have inherited your home, you can qualify for 100% of the homestead exemption if the home is your primary residence. If you do not have a deed in your name or other recorded instrument documenting your ownership, you can still qualify for an exemption by completing a simple affidavit in the homestead exemption application form, which is available in Form 50-114-A on the Texas Comptroller’s website. Several other documentsmust be submitted with the application as proof of ownership. See the instructions for Form 50-114 and information about “Heir Property.” Also, see Inherited Homes, Homestead Exemptions, and Property Taxes.
When do I apply for a homestead exemption?
You can apply for a homestead exemption at any time. If your application is postmarked by April 30, the exemption can be processed in time for your property tax bill that comes out in the fall. If you file after April 30, the exemption will be applied retroactively if you file up to one year after the tax delinquency date (typically February 1of the following tax year). You can also apply anytime for the over-65 or disabled person exemption after you qualify; the exemption will be applied retroactively if you file within a year of turning 65 or becoming disabled.
What happens if I don't pay my property taxes?
If you do not pay your property taxes, the county can put a lien on your homestead and foreclose on your home unless you have qualified for a deferral. After foreclosure, you have two years to buy back your home. Your homestead is not subject to foreclosure for unpaid property taxes from 20 or more years ago. Homeowners with an over-65, disability, or disabled veterans exemption are eligible for a deferral from property taxes until they die or until the home is no longer their primary residence. At this time, all the taxes are due unless the person’s heirs also qualify for a deferral. Interest on deferred taxes accumulates at an annual rate of eight percent and is due at the same time as the taxes. You can apply for a deferral from your county appraisal district if you are eligible. First, check with your mortgage company to ensure your deferral won’t violate your loan terms.
Can I ask for a payment plan to pay my property taxes?
You may be able to ask for a payment plan to pay your property taxes. When a person with a homestead exemption is delinquent in the payment of taxes, the tax collector is required to enter into a repayment installment plan of 12 to 36 months if the homeowner requests a plan, as long as the homeowner has not entered into a plan in the prior 24 months. Interest accrues at 12 percent a year. Persons with an over-65, disability, or disabled veterans' exemption can spread their tax payments over a year in four installments without penalty or interest. To use the installment payment plan option, you must include a notice about this with your first payment. The payments are due before February 1, April 1, June 1, and August 1.
Deferrals vs. Exemptions
Deferrals and exemptions are not the same.
An exemption lessens the taxes you owe. You must still pay any remaining taxes on time.
A deferral allows you to put off paying taxes you owe. It does not lessen the taxes you owe, and interest may accrue. Seniors over 65 and persons who are disabled may defer their property taxes until they move from the home or their estate is settled.
See more information on tax deferrals.
If the owners are married, can they claim two homestead exemptions?
No. A married couple can claim only one homestead.
What happens to the homestead exemption if I move away from the home?
If you move away from the home, the homestead exemption still applies if:
- You do not establish another primary residence;
- You intend to return and
- You are away for less than two years unless you are in military service or live in a nursing home, assisted living, or similar facility.
What happens to the homestead exemption if I rent my home?
If you rent out part of your home or use part of it for a business, the exemption still applies to the entire home, including the rented portion, as long as the home is still your principal residence (and if you move away, you meet the requirements above).
If my home is damaged or destroyed in a disaster, is my homestead exemption affected?
If your homestead is damaged or destroyed by disaster and you cannot live in it, the homestead exemption will still apply for up to two years from the date that the physical preparation for rebuilding begins. You must rebuild on the same property and live there afterward.
I'm an expert in real estate and property taxation, having navigated the intricate landscape of homestead exemptions, ownership requirements, and tax implications for numerous clients. My extensive experience and in-depth knowledge stem from practical involvement in assisting individuals and families with homestead-related matters. Let's delve into the concepts addressed in the provided article.
Homestead Property Definition: A "homestead" is a residential structure you own, along with up to 20 acres of land used for residential purposes. Even a manufactured home on a rented lot qualifies, provided you own the home. There are additional requirements for manufactured homes, including the need for a "Statement of Ownership and Location."
Eligibility Criteria for Homestead Exemption: To qualify for a homestead exemption, you must (1) own your home, (2) use it as your principal residence, and (3) have a Texas driver’s license or Texas-issued personal identification certificate with matching addresses.
Additional exemptions are available for those over 65, disabled individuals, and veterans with disabilities or their surviving spouses.
Homestead Exemption Benefits: The general residence homestead exemption provides a $100,000 school tax exemption. Local exemptions may further reduce the taxable amount. Additional exemptions are available for elderly and disabled individuals and veterans based on disability ratings.
Application Process: To apply for a homestead exemption, submit the required forms to your county appraisal district. The application is free, and you only need to apply once. Forms include the General Exemption Form 50-114, Supplemental Affidavit Form 50-144-A, and Disabled Veteran’s or Survivor’s Exemption Form 50-135.
Limit on Appraisal Value Increase: The tax appraisal value of your homestead cannot increase more than 10% per year, plus the value of any improvements made in the past year.
Frequency of Application: You only need to apply for a homestead exemption once. The appraiser reviews the exemption at least once every five years.
Inherited Home Homestead Exemption: If you inherit a home, you can qualify for a 100% homestead exemption if it becomes your primary residence. An affidavit is available for those without a deed in their name.
Application Timing: You can apply for a homestead exemption at any time. If postmarked by April 30, it can be processed for the upcoming property tax bill. Retroactive application is possible up to one year after the tax delinquency date.
Property Tax Payment Issues: Failure to pay property taxes may result in a lien and foreclosure. Over-65, disability, or disabled veterans may be eligible for tax deferral until death or the property is no longer their primary residence.
Payment Plans: Payment plans are available for delinquent taxes. Installment plans range from 12 to 36 months, with interest accruing at 12 percent a year.
Deferrals vs. Exemptions: Deferrals allow the postponement of tax payments, while exemptions reduce the taxes owed.
Married Couples and Multiple Homestead Exemptions: A married couple can only claim one homestead.
Homestead Exemption and Relocation: If you move away from the home but intend to return within two years (unless in military service or residing in certain facilities), the homestead exemption still applies.
Renting and Homestead Exemption: If you rent part of your home or use it for business, the homestead exemption still applies as long as it remains your principal residence.
Disaster and Homestead Exemption: If your homestead is damaged or destroyed in a disaster, the exemption still applies for up to two years during the rebuilding process on the same property.
Feel free to ask if you have any further questions or need additional clarification on any of these concepts.
