We all look for ways to save on homesteads and operate as cost-effectively as possible. If you live on a homestead in Texas, you may be missing out on a tax break on your homestead that could save you money. What is the homestead cap loss in Texas, and how does the government calculate this exemption?
Homestead cap loss in Texas is a tax break given to homestead owners on taxes due on their property. The cap is calculated by limiting the tax value to a maximum of 10% of the previous year’s assessed property value, plus any improvements made to the homestead. The cap is subject to conditions.
Tax calculations and the exemptions you qualify for can be as clear as mud for many homesteaders, but taking the time to explore these possibilities can help to put more cash in your hand at the end of the tax year! Homestead cap loss is not a complicated calculation, so find out if you qualify for this benefit!
What Does Homestead Cap Loss Mean in Texas?
Texas is the best state to homestead from a tax and legislation point of view, besides ideal homesteading environments in certain parts of the state.
You may have heard of the homestead cap loss tax benefit offered in Texas and wonder what this tax saving is all about and how it works.
Essentially, the tax benefit offers a tax break to the homeowner in the current tax year by using the assessed value of the previous year and limiting or “capping” the amount that an assessed property value can be increased to a maximum of 10%.
This benefit protects the homestead owner from sudden increases in taxes due to unpredictable increases in property values year-on-year.
Many of the laws that protect the rights of homesteaders and offer tax benefits are part of the history of the state of Texas itself and have been in place for centuries.
Laws to protect the rights of homesteaders were implemented in the days of Stephen Austin, who was instrumental in establishing Texas as a state. Many of these benefits intended to make homesteading an attractive option for people to move out of overpopulated cities, strike out west to establish homesteads, and help build the nation.
The homestead cap is a particular benefit that relates to how a homestead property is taxed in Texas. Let’s examine how this tax cap is calculated and who qualifies for this benefit.
How Is Homestead Cap Loss in Texas Calculated?
The cap loss tax benefit for homesteaders is implemented to protect homeowners from sudden property value increases that could make property taxes too much to bear.
If you purchased a homestead for $300 000, and this was the market value at the time, what can you expect the property’s taxable value to be in a year’s time?
If the property values in your area have increased in the year and the market value of your property is now $350 000, you will only be taxed on a maximum 10% increase in the value of your property.
This means that you will only be eligible to pay tax on a $330 000 value rather than the market value of $350 000.
This example presumes that you did not make any improvements to your home or the homestead property during the course of the year.
If you made improvements, the calculation of the value of your property for tax must include the market value of the improvements.
If you added $25 000 worth of market value improvements to the property, the taxable value of your property would be calculated as follows.
Taxable value = Assessed value + 10% of assessed value + Market value of improvements
Or
Taxable Value = $300 000 + $30 000 + $25 000
Taxable value = $355 000
Who Qualifies For The Homestead Cap Loss In Texas?
The property on which the homestead cap is claimed must be owned and registered in your name on the 1st of January for the tax year.
The benefit is valid for anyone living in Texas, provided that the homestead is your primary residence and you are not renting it out to someone else.
The property must be registered as a homestead with the local authorities before it can qualify for the homestead cap benefit.
The qualification for the benefit does not automatically transfer to the new owner on the sale of a homestead property. The benefit falls away after the property sale, and the new owner must re-apply in their own name to qualify for the homestead cap.
Since the intention of the homestead laws and tax benefits in Texas are intended to protect an individual person’s property rights, you cannot claim the benefit on multiple homesteads. You are only allowed to have one property registered as a homestead under your name, and it must be your primary residence.
Another point to consider is that the homestead property must be owned by an individual, not by a corporation, a trust, or another business entity. So, if you purchase your homestead in the name of a company or business, you will not qualify for the homestead cap benefit.
When Does The Homestead Cap Loss Become Effective?
The cap on the taxable value of your homestead does not come into effect unless you have applied to have your property designated as a homestead according to Texas law.
If you have bought the property but only apply for the homestead designation in your second year of ownership, the property value in the second year will be used as the baseline to apply the value cap.
Can You Lose Your Homestead Cap Loss In Texas?
It is possible to lose the homestead cap on the value of your homestead in Texas if the property is no longer considered a homestead by the law of the state.
You could lose this benefit if the following conditions in your residence and ownership change.
- The homestead is no longer your primary residence.
- You purchase a second property and designate the new property as your homestead.
- You are not resident on your property for a period exceeding 2 years.
The laws for homesteaders are intended to provide Texas residents with the means to take care of themselves and their families, even in the face of adverse financial situations.
If you are not using the property for this purpose, the state is not required to offer continued tax benefits to the owner.
Conclusion
Texas is big on protecting the rights of homesteaders and the rights to protect property owners from being threatened with the loss of their property to creditors or excessive taxes.
The homestead cap loss is one example of the tax benefits and exemptions offered by the state of Texas to assist homeowners in protecting their right to own property and survive during tough economic conditions.
References
https://comptroller.texas.gov/taxes/property-tax/exemptions/residence-faq.php
https://resolutepts.com/property-tax-myths
