IMPORTANT PLEASE READ
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2. Significance Of January 1st Date. January 1st is Florida’s legal
assessment date. 192.042, Fla. Stat. The tax status of a residence as
established on January 1st carries through for the entirety of the year.
(Other important dates)
Example #1: If the seller qualifies for the 2001 homestead exemption on
1/1/2001 and sells the home on 5/1/2001, the 2001 tax bill will reflect a 2001
homestead exemption. The buyer gets the benefit of the seller's homestead
exemption for tax year 2001 only. The buyer must apply for the 2002 exemption
by 3/1/2002.
Example #2: If the seller does not qualify for the 2001 homestead
exemption on 1/1/2001, but resided there and sold the home on 1/2/2001, the
buyer cannot qualify for a 2001 homestead exemption, as he/she did not own it
on the assessment date of January 1st.The 2001 tax bill will reflect no
homestead exemption. The buyer may apply for the 2002 homestead.
Tip: If a buyer will be a Florida resident and the seller does not have
homestead exemption, if possible the buyer should purchase and reside in the
residence on or before January 1st to qualify for the homestead exemption for
the next available year.
3. "Transfers" of homestead exemptions. There is no such thing. An owner
must reapply if he/she purchases another home and moves into it.
4. "Save Our Homes" ("SOH"). Mr. Wilkinson
spearheaded this homestead assessment limitation, enacted in 1992. It limits
annual assessment increases on homestead properties to 3% or the CPI, whichever
is lower.
A residence is assessed at fair market value (“just value”) the 1st year that
it has homestead (the "base year"). The SOH cap applies beginning the 2nd year
of homestead and thereafter so long as the owner remains as a permanent
resident. The assessed value returns to fair market value in the year following
homestead sale, rental or abandonment. The new owner may then begin the SOH
cycle again by applying for homestead (Note: SOH does not apply to new additions
or construction that previously escaped taxation).
SOH Example: The owner applies for homestead on 1/1/2000 and the 2000
assessment at fair market value is $100,000. The home appreciates in value 25%
as of 1/1/2001. The 2001 CPI increase is only 3%. While the 2001 just value is
$125,000, the 2001 SOH assessed value is only $100,000 + 3% ($3000) = $103,000.
SOH shields the owner from 2001 property taxes on the $22,000 difference
between the SOH assessed value and market value.
Tip: Buyers of residences with significant SOH savings will not get the benefit
of the seller's SOH savings in the following tax year, because that next year's
assessment will be based on market value. Unlike other states that may
only reassess every few years, Florida law requires annual reassessment.
Conclusion: I hope this information is of assistance.
Disclaimer: This article is a general overview of homestead law and is not
intended to provide specific legal advice.