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Florida Amendment 5 and Tax Benefits: What It Means for Florida Property Owners

Posted by Denise Stewart on Friday, November 6th, 2020 at 6:52am.

Amendment 5 and Tax Benefits: What It Means for Florida Property Owners. Sellers

Amendment 5 was passed, giving sellers of Florida homestead property up to three years – an increase from two – to transfer accrued property tax benefits to a new home.

From Florida Realtors.org:

After passage of a Florida constitutional amendment this year on property taxes, Floridians now have three years – an increase from two years – to transfer (port) any accrued property tax benefits to a new home.

But it’s not usually a full three years, just as it wasn’t a full two years under the previous version of the law.

Sellers who plan to port tax assessment savings to a new home think that if they sold their first home in November, they now have three full years to buy a home and port the savings. But since “years” in the law refers to Florida tax years, the first “year” ends the following Jan. 1 – two months later. In this case, that November seller would have two years and two months to port tax savings.

In general, early-in-the-year sellers will have close to (but not quite) three years to transfer their SOH benefit – end-of-the-year sellers will have something closer to two years.

In any case, though, the passage of Amendment 5 gives every Florida seller a minimum of two years to port their SOH property tax assessment savings to a newly purchased home.

Save Our Homes

A home declared as a primary residence with a local tax office qualifies for the Save Our Homes assessment limitation. In each year after that, its property tax assessment can’t increase more than 3% or the percentage change of the Consumer Price Index (CPI), whichever is less.

If a home’s value rises one year by 6%, for example, their assessment goes up 3% at most, and that portion not subject to tax is backed out of their assessment and called the SOH benefit.

The recently passed Amendment 5 impacts the transferability of this SOH benefit, extending it one year longer.

To transfer an SOH benefit, buyers must establish a homestead exemption for their new home and file a Transfer of Homestead Assessment Difference form (Form DR-501T). The deadline to file is March 1.

For more info on SOH property tax savings, visit floridarevenue.com.

In Broward County, you can estimate what your "Portability" saving will be.

PORTABILITY ESTIMATOR

Portability is the difference between the Property Appraiser's Just Value of a property and the Save Our Homes value of that property.

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