Save Our Homes Assessment Limitation and Portability Transfer
Save Our Homes Assessment Limitation
After the first year a home receives a homestead exemption and the property appraiser assesses it at just value, the assessment for each following year cannot increase more than 3 percent or the percent change in the Consumer Price Index (CPI), whichever is less. This limitation is known as the “Save Our Homes” (SOH) assessment limitation. The accumulated difference between the assessed value and the just (market) value is the SOH benefit. (See section 193.155, Florida Statutes)
Even if the value of your home decreases, the assessed value may increase, but only by this limited amount. The assessed value will never be more than the just value of your home.
Save Our Homes Portability Transfer
If you are moving from a previous Florida homestead to a new homestead in Florida, you may be able to transfer, or “port,” all or part of your homestead assessment difference. If you are eligible, portability allows most Florida homestead owners to transfer their SOH benefit from their old homestead to a new homestead, lowering the tax assessment and, consequently, the taxes for the new homestead.
To transfer the SOH benefit, you must establish a homestead exemption for the new home within three years of January 1 of the year you abandoned the old homestead (not three years after the sale). You must file the Transfer of Homestead Assessment Difference (Form DR-501T) with the homestead exemption application. The deadline to file these forms is March 1.
Complete all forms and applications required for the exemption and file them with your county property appraiser. If the property appraiser denies your application, you may file a petition with the county’s value adjustment board. For more information, see Petitions to the Value Adjustment Board.
Change or Transfer of Ownership
If a change in ownership occurs for a homestead property protected by the SOH cap, the property will lose the SOH benefit and will be subject to assessment at just value on the following January 1. Florida law defines a change of ownership as any sale, foreclosure, or transfer of legal title or beneficial title in equity to any person. (See s. 193.155(3), F.S.)
Additionally, a loss or removal of homestead will trigger a reassessment and removal of the SOH benefit. To avoid any penalties, please notify your county property appraiser if your homestead status has changed.
Some changes that will not trigger a reassessment include:
- A change or transfer between spouses
- Certain transfers upon death
- Certain transfers when the same persons are entitled to the homestead exemption both before and after the transfer
For all exceptions, see s. 193.155, F.S.
Conclusion
Understanding the Save Our Homes assessment limitation and the portability transfer is crucial for Florida homeowners. These provisions can significantly impact your property tax liability and provide substantial savings. It’s important to follow the correct procedures and timelines to take full advantage of these benefits. If you have any questions or need assistance with your homestead exemption, please contact me, Attorney Gabriel Jose Carrera, at 954-533-7593
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult attorney Gabriel J. Carrera to evaluate your specific circumstances.