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tdiu Texas Homestead Exemptions For 100% Now Law
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Teac
Sent: Monday, June 22, 2009 11:50 AM
Cc:
Subject: Alert: Homestead Exemption of 100 Percent Disabled Veterans
Importance: High
Alert to Appraisal Districts and County Tax Assessors
Total Exemption of Homesteads of 100 Percent Disabled Veterans
House Bill 3613, which contains a provision requiring an exemption of the total appraised value of homesteads of Texas veterans receiving 100 percent disability compensation from the United States Department of Veterans Affairs, is now state law. This new exemption is effective for the 2009 tax year, and you should ensure that it is reflected on the 2009 appraisal roll. Eligible veterans with mortgages may need your immediate confirmation that their homesteads are totally exempt so they can notify their mortgage companies and reduce their escrow payments. Appraisal districts should already have a record of the disability rating of each veteran who owns a homestead if they qualify for the partial exemption allowed by law. Attached please find a temporary model form for use in 2009 for the disabled veteran's homestead exemption. This form is located on our web site at http://www.window.state.tx.us/taxinfo/taxforms/vetexempt.pdf.
The total homestead exemption for 100 percent disabled veterans is codified as the new Property Tax Code Section 11.131. House Bill 3613 also includes provisions that conform the Tax Code bracket points for the disabled veterans' partial exemption to the bracket points in the Texas Constitution and prohibit consideration of highest and best use in appraising homesteads. Please call (800) 252-9121 if you have questions about any of these new provisions.
Property Tax Assistance Division
Attachment
Totally Disabled Veteran Homestead Property Tax Exemption
Originally filed as SB 469 (Sen. John Carona)/HB 742 (Rep. Kino Flores)
Passed as part of HB 3613
• This exemption applies to a veteran:
o with a service-connected disability,
o who receives compensation from the U.S. Department of Veterans Affairs at the 100% level due
to either:
§ a 100% disability rating OR
§ individual unemployability.
• The TOTAL VALUE of an applicable disabled veteran's residence homestead (principal
residence) is EXEMPT from any calculation of property taxation.
o Regardless of the number of taxing units (school districts, utility districts, hospital districts) in
which a veteran's homestead may be, the property's value is virtually worth $0 for the
calculation of a property tax bill.
§ EXAMPLE: If a school district charges $1.00 per $100 of a home's value, your home
costs $100,000, AND you are a totally disabled veteran, then the appraisal district
reports your home's value as $0. One dollar and fifty cents times zero is zero. You
would owe $0 in property taxes to your school district, and this holds true for every other
taxing district your property is in.
• The effective tax year for this exemption is 2009.
o Despite the bill being originally filed with an effective tax year that was essentially 2010, the bill
was amended to apply this exemption to taxes calculated in "the tax year beginning on or after
January 1st, 2009."
o The effective tax year should not be confused with the effective date of the bill.
§ As amended into HB 3613, the language of SB 469 says that it takes effect either
September 1st or immediately if it gets 2/3 vote from both Houses.
• HB 3613 received more than the necessary amount of votes in the House and
Senate, so it takes effect immediately upon the Governor's signature.
• However, even if it had gone into effect on September 1st, the language still
specifies that it applies to the 2009 tax year.
• Applying for the totally disabled veteran property tax should be much easier with a new
certification letter created by the U.S. Department of Veterans Affairs in anticipation of this bill
passing the State Legislature.
o The new certification letter should now address
§ the specific percentage rating of a veteran's disability,
§ the veteran's individually unemployable status, and
§ whether the disability was service-connected.
o Veterans should contact their County Appraisal District to:
§ obtain an application for applying for a disabled veteran property tax exemption (also
available online through the Comptroller's website) AND
§ ensure that a copy of his new letter of certification from the VA was received with that
application.
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