
FREQUENTLY ASKED QUESTIONS
REGARDING
THE NEW AMENDMENT
PORTABILITY
How
and when do I apply for “portability”?
How
is “portability” calculated on my particular homestead property?
What is the formula used to determine the amount available for “portability”?
If I
sold my property in 2006 can I qualify for “portability”?
Do I
have to purchase a new property to be eligible for the portability benefit?
What is the maximum SOH savings
benefit I can “port” to my new property?
Can
I “port” a savings from another state?
How
many times in one (1) year can I use portability?
ADDITIONAL $25,000 HOMESTEAD EXEMPTION
How is this additional exemption calculated?
Must I file another application to qualify for the additional $25,000 homestead
exemption?
10% CAP FOR NON-HOMESTEAD PROPERTIES
When
will the 10% cap for non-homestead properties become effective?
How to
do I apply for the 10% cap for non-homestead assessment on my properties?
May
I apply for this exemption on my homestead
property?
What does “non-homestead property” mean?
Will
the 10% cap reduce my taxes after I apply?
Does
the 10% cap apply to all taxing authority millage
rates?
$25K TPP EXEMPTION
When must I file my return to
receive the $25,000 Tangible Personal Property exemption?
What if I don’t file a return?
Will there be changes on the most
recent Tangible Personal Property return?
If I have multiple locations for my
business, am I required to file separately?
Does this exemption apply to
mobile homes that are assessed as Tangible Personal Property?
Will I be required in future years
to file?
What
is “portability”?
The ability to transfer
the savings
benefit of the homestead property
assessment limitation (defined in FS
193.155), known as “Save Our Homes”
(SOH)
and described as the dollar value
difference between market value and assessed value, or the percentage thereof
from one existing homestead to another new
homestead property.
How and when do I apply for “portability”?
You apply for portability
when you are applying for homestead exemption using
Form DR-501T
(Transfer of
Homestead Assessment Difference). This application is in addition to the
homestead exemption application.
If you have already applied for the homestead exemption, you can download the
application from our website, or request a copy from our office, and submit the
completed application to the Property Appraiser.
If porting your savings from another county: upon submission, the form will be sent to the Property Appraiser of your previous homestead for verification. Your previous Property Appraiser will issue a “Certificate of Portability” (DR-501R) and return the form to your new Property Appraiser for calculation of your portability benefit.
How is “portability” calculated on my
particular homestead property?
This office has developed a
calculator on our website (
www.scpafl.org )
to calculate the savings you can potentially “port”
to your new property.
What is the
formula used to determine
the amount available for “portability”?
If you are upsizing (buying
home with higher just market value than previous home) please refer to
the following example:
·
Previous Home Valued @ $400,000 and Assessed @ $200,000 (SOH Value) $400,000 -
$200,000 = $200,000 (Portable Amount)
·
New
Home Valued @ $500,000 - $200,000 (Portable Amount) = $300,000 (New Assessed
Value for New Home)
If you are downsizing
(buying home with lower just
market value than previous home) please refer to the following example:
·
Existing Home Valued @ $400,000 and Assessed @ $200,000 (SOH Value); $200,000
divided by $400,000 = .50% (% eligible to “port” to new property)
·
New Home Valued @ $300,000 X .50% (% eligible to “port”) = $150,000 (Assessed
Value of New Homestead)
What are the effective dates
of
“portability”, the new additional homestead exemption and $25,000 Tangible
Personal Property exemption?
The 2008 tax year -
beginning January 1, 2008 - will be
the first year taxpayers are eligible to apply for the new changes listed above.
If I sold my property in 2006 can I qualify for
“portability”?
Unfortunately not, the law only allows portability for any property with a
homestead in 2007 moving forward -
and allows up to 2 years to use
the portability beginning with tax year 2007.
The law requires the
previous exemption be forfeited before you can “port” any portion of the
assessment cap benefit. Meaning, the remaining owner may not receive the full
benefit and must re-apply. The
“port” would be a portion of the savings dependent on how many owners were on
the deed.
Do I have to purchase a new property to be
eligible for the portability benefit?
No, if you already own another property (2nd home, beach house, etc.)
and establish your
homestead at that address with required documentation for the 2008 tax year -
you can remove the homestead from the old property and apply for the portability
benefit on the newly established homestead.
Yes, “portability” refers to
adjusting the assessed value of the new homestead property; you may still apply
for any additional exemptions that you may be eligible.
What is the maximum SOH
savings benefit I can “port” to my new property?
The maximum amount you can port is $500,000.
I owned a property with my ex-husband. I
was awarded the house in the divorce. I sold it in 2007 and purchased a new
home that I will homestead. My ex-husband also purchased a new home that he
will homestead. Since I was awarded the house in the divorce is my ex-husband
eligible to apply for any of the portability? And, how will the portability
amount be split or divided between our new homesteads?
The new legislation requires that the
portability amount be divided equally among the recipients (owners) of the
homestead exemption as of January 1, 2007. All parties on the deed to the
property where the portable savings resides must “abandon” the homestead prior
to the “portable amount” being available to any of the parties.
The new legislation requires that the
portability amount be divided equally between the new homesteads.
Can I “port” a savings from another
state?
No, portability applies only if you had a
State of
How many times in one (1) year can I use
portability?
One time. Since a homestead exemption is required
in order to transfer a portable benefit, you must reside in the new home on or
before 1/1/2008 (or January 1 of a future year). If you sold your home in 2008
and established a new homestead on or before 1/1/2009, you could technically
“port” your savings again for the 2009 homestead
No, the law requires the previous exemption be “abandoned” before you can port any of the Save Our Homes benefit. Meaning, another person can’t still be receiving the old exemption.
ADDITIONAL $25,000 HOMESTEAD EXEMPTION
No, due to the school tax levy not being part of this additional exemption you
will not; the additional exemption is calculated using the
millage rates minus the school tax levy which makes up a large portion of
the total millage or taxes that you pay.
How is this additional exemption calculated?
If your property is assessed at $50,000 or less your homestead
exemption will
remain the same amount as your current homestead exemption;
however, properties assessed from $50,001 – $74,999 will receive an
increase proportionately up to $24,999 and any property assessed over $75,000
will receive the full additional $25,000 homestead.
Must I file another application to qualify for
the additional $25,000 homestead exemption?
No, the additional $25,000 homestead exemption is automatic and will be
calculated based on your assessment if you already have a homestead exemption.
It will not affect your other exemptions in any way; however regarding
calculation, the
additional exemption will not be applied to the school tax levy portion of the
millage rate.
10% CAP
FOR NON-HOMESTEAD PROPERTIES
When will the 10% cap for non-homestead
properties become effective?
The 10 % Cap on non-homestead assessments will not become effective until the
2009 tax roll; the first date the
property owner will b eligible to apply will be January 1, 2009.
How to do I apply for the 10% cap for
non-homestead assessment on my properties?
At this point the law states that applications must be made with the Property
Appraiser’s Office by March 1, 2009. Legislation
may be filed this year to make the cap automatic on non-homestead properties.
This information will be listed on our website and on the application if
the legislation is passed.
May I apply for this exemption on my homestead
property?
No, this exemption is only available for “non-homestead” properties.
What does “non-homestead property” mean?
At this time the Property Appraiser is awaiting clarification from the Florida
Department of Revenue, however it is our current
understanding that it will include all properties not receiving a homestead
exemption such as vacant land, commercial properties and rental properties.
Will the 10% cap reduce my taxes after I apply?
No, the 10% cap will cap the assessment from increasing more than 10% the year
following application for the
exemption.
Does the 10% cap apply to all taxing authority
millage
rates?
The 10% cap will apply to all millage rates
except for school tax levies.
$25,000
TPP EXEMPTION
When must I file my
return to receive the $25,000 Tangible Personal Property exemption?
The return must be filed by April
1st
- of the tax year -
in order to receive the exemption
(or within the applicable application deadline extension period).
Yes, your 2008 Tangible Personal Property return serves as an application and
must be filed in order to qualify for this new exemption.
What if I don’t file a return?
Failure to file a return
constitutes a failure to apply for the exemption.
Will there be changes on the most
recent Tangible Personal Property return?
There will be no changes on the
return mailed in January 2008; and no separate application is required.
If I have multiple locations for
my business, am I required to file separately?
Yes, a return must be filed for
each location within the county where the owner transacts business.
Freestanding property placed at
multiple sites, other than where the owner transacts business, must have a
single return filed and will receive one $25,000 exemption (examples: vending
and amusement machines, LP/propane tanks, utility and cable company property,
billboards, and leased equipment.)
Does this exemption apply to
mobile homes that are assessed as Tangible Personal Property?
This new exemption
does not apply to mobile homes
assessed as Tangible Personal Property.
Will I be required in future
years to file?
If in subsequent years the taxable value on the Tangible Personal Property exceeds the $25,000 exemption, then the property owner would be required to file a return.