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	<title>Taxes Archives | Southwest FL Real Estate</title>
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	<description>Your Suncoasteam is an association of Realtors® specializing in the sale of homes, condos, building lots and land. Although we sell real estate throughout Florida, we specialize in properties in Charlotte, Sarasota and Manatee Counties, in Southwest FL. Whether you prefer a waterfront home in Punta Gorda Isles, a pool home in Port Charlotte, Rotonda or North Port, a condo in Venice or Sarasota or a luxury, beach front condo in Boca Grande, Siesta Key or Longboat Key, your Suncoasteam will find it. We have the Florida real estate listings you need.</description>
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		<title>FIRPTA Foreign Investment in Real Property Tax Act</title>
		<link>https://suncoasteam.com/2017/03/firpta/</link>
		
		<dc:creator><![CDATA[Jim Mulligan]]></dc:creator>
		<pubDate>Thu, 02 Mar 2017 23:28:16 +0000</pubDate>
				<category><![CDATA[Buying Real Estate]]></category>
		<category><![CDATA[General Interest]]></category>
		<category><![CDATA[Real Estate Rules & Regulations]]></category>
		<category><![CDATA[Selling]]></category>
		<category><![CDATA[Taxes]]></category>
		<guid isPermaLink="false">https://suncoasteam.com/?p=8446</guid>

					<description><![CDATA[<p>FIRPTA Foreign Investment in Real Property Tax Act The United States Federal Tax Law requires that a foreign citizen who sells real estate owned in this country pay taxes on the profit of such sale. To insure that the tax is paid, 15% of the proceeds at closing are withheld and transferred to the United [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2017/03/firpta/">FIRPTA Foreign Investment in Real Property Tax Act</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><strong>FIRPTA Foreign Investment in Real Property Tax Act</strong></p>
<p>The United States Federal Tax Law requires that a foreign citizen who sells real estate owned in this country pay taxes on the profit of such sale. To insure that the tax is paid, 15% of the proceeds at closing are withheld and transferred to the United States Treasury. The <a href="https://www.irs.gov/individuals/international-taxpayers/firpta-withholding" rel="noopener noreferrer" target="_blank">15% withholding is mandatory</a> if the seller is a foreign person. (A foreign <strong>corporation</strong> that distributes a U.S. real property interest must withhold a tax equal to 35% of the gain it recognizes on the distribution to its shareholders.)</p>
<p>The following ONLY applies to homes priced under $300,000. It does not apply to land.<br />
<em>There is a possible waiver available if the buyer signs and states that the home will be the buyer&#8217;s primary residence for the next two years. The part everyone forgets about the waiver is, if the seller does not file a tax return and pay the capital gains on the property, the IRS will send a notice of deficiency for the 15% of sales price to the buyer. That deficiency is due in 30 days. If the new buyer can’t pay the tax due, IRS will place a lien on the property and/or sell the property to get the tax owed. This is an enormous risk for the buyer.</em></p>
<p>At the time of closing the seller must have an ITIN or an application to get one. If they do not the IRS does not have to issue any refunds at a later date.</p>
<p>An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. This number is used to record the sale. If a seller needs an ITIN they must complete the W7 application with a Certified Copy of their passport. Click here for the IRS page with <a href="https://www.irs.gov/forms-pubs/about-form-w-7">Form W7 and instructions</a>. One can apply on line for the ITIN (for a fee, 3rd party company): <a href="https://www.itinformw7.com/Application.html" target="_blank" rel="noopener noreferrer">https://www.itinformw7.com/Application.html</a></p>
<p>(Certification can only be done by their passport office or a Certified Acceptance Agent) The fee for this process at the time of writing is $200 per application.</p>
<p>Each individual must file a tax return the following January to either claim a refund or pay the balance due. For more information reporting and paying taxes: <a href="https://www.irs.gov/individuals/international-taxpayers/reporting-and-paying-tax-on-us-real-property-interests" target="_blank" rel="noopener noreferrer">https://www.irs.gov/individuals/international-taxpayers/reporting-and-paying-tax-on-u-s-real-property-interests</a></p>
<p>Two forms are used for reporting your sale to the United States Treasury. These are Form 8288 <a href="https://www.irs.gov/forms-pubs/about-form-8288" target="_blank" rel="noopener noreferrer">Form-8288</a> and Form 8288A <a href="https://www.irs.gov/forms-pubs/about-form-8288-a" target="_blank" rel="noopener noreferrer">Form-8288a</a>. The title company conducting the closing should file these forms with the IRS at closing. You should be sure that the title company has your Social Security Number or ITIN to submit with these forms. If you are selling the property without a real estate broker you should check with the seller to be sure that they complete the forms necessary and send the withholding to the IRS. They should send you a copy of the Forms 8288 and 8288A so you can file your tax return for a refund.</p>
<p>Another form that may be relevant is <a href="https://www.irs.gov/pub/irs-pdf/f8821.pdf" rel="noopener noreferrer" target="_blank">Form 8821</a>, Tax Information Authorization, which will designate the escrow company withholding the seller&#8217;s funds.</p>
<p>This is a helpful site with information on How to get your FIRPTA Tax Withholding back. <a href="https://freedomtaxinternational.com/how-to-get-firpta-withholding-back/" target="_blank" rel="noopener noreferrer">How to get your FIRPTA Tax Withholding back</a></p>
<p>The IRS (Department of Treasury) has written a page on their website called Road Map to Regulations FIRPTA <a href="https://www.irs.gov/404" target="_blank" rel="noopener noreferrer">Road Map to Regulations</a></p>
<p>This page may have answers to many of your questions.</p>
<p><a href="https://www.irs.gov/pub/int_practice_units/WIT9442_02_02.pdf" target="_blank" rel="noopener noreferrer">FIRPTA Process Overview</a></p>
<p>A Non Resident Alien may be entitled to a refund for taxes withheld under section IRC § 1445 by filing Form 1040NR, U.S. Nonresident Alien Income Tax Return. <a href="https://www.irs.gov/forms-pubs/about-form-1040-nr" target="_blank" rel="noopener noreferrer">Click here for Form 1040NR, U.S. Nonresident Alien Income Tax Return Instructions and to download the form.</a></p>
<p>You may also hire a Certified Acceptance Agent to do all this work for you and to file the tax returns. An Acceptance Agent charges a fee to acquire an ITIN and to file a tax return. The cost of a Certified Acceptance Agent to file your tax return would usually be a minimum of $200 so unless you have a significant withholding amount, you should probably do this yourself. There is also a cost to acquire an ITIN. See the link for Form W7 above.</p>
<p>To find a Certified Acceptance Agent, do a web search for Certified Acceptance Agent or email Your Suncoasteam.</p>
<p>This article contains information for foreign buyers and sellers of Florida real estate. What are the rules and costs for a foreign or international buyers of homes or land in Florida. Is there any difference in costs to a Canadian buyer of Florida real estate, homes or condos? What does it cost for a European to buy Florida homes? What taxes does a foreign seller pay when selling Florida Real Estate? What are the fees to an investor in Florida real estate and homes for a resident of UK, England, Great Britain? Are there any hidden costs to buy or sell real estate in Florida for a non-resident foreigner?</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2017/03/firpta/">FIRPTA Foreign Investment in Real Property Tax Act</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
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		<title>Obama signs Homebuyer tax credit bill extension</title>
		<link>https://suncoasteam.com/2009/11/obama-signs-homebuyer-tax-credit-bill-extension/</link>
		
		<dc:creator><![CDATA[Jim Mulligan]]></dc:creator>
		<pubDate>Sat, 07 Nov 2009 15:09:31 +0000</pubDate>
				<category><![CDATA[Buying Real Estate]]></category>
		<category><![CDATA[Real Estate Rules & Regulations]]></category>
		<category><![CDATA[Taxes]]></category>
		<guid isPermaLink="false">http://blog.suncoasteam.com/?p=966</guid>

					<description><![CDATA[<p>President Obama signed an extension of the $8,000 tax credit for first-time buyers. The extension adds money for some move-up buyers. The maximum tax credit remains $8,000. Anyone who has not owned a home within three years is considered a first-time buyer. Your purchase must be under contract by April 30, 2010. Your purchase must [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2009/11/obama-signs-homebuyer-tax-credit-bill-extension/">Obama signs Homebuyer tax credit bill extension</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>President Obama signed an extension of the $8,000 tax credit for first-time buyers. The extension adds money for some move-up buyers.</p>
<p>The maximum tax credit remains $8,000. Anyone who has not owned a home within three years is considered a first-time buyer. Your purchase must be under contract by April 30, 2010. Your purchase must close no later than June 30, 2010.</p>
<p>After Dec. 1, 2009, income limits are $125,000 for singles and $225,000 for married couples.</p>
<p>The maximum home value purchased cannot exceed $800,000.</p>
<p>An existing homeowner who purchases a home may now claim a tax credit of up to $6,500. You must have owned and used the same home as your primary residence for any consecutive five-year period in the previous eight years. Personal income limits, maximum home value, and contract/closing deadlines are the same as those for first-time homebuyers.</p>
<p>Florida homeowners who have a homestead exemption qualify for property tax portability.</p>
<p>First-time Florida homebuyers are eligible for interest-free bridge loans from the State of Florida to use tax credit money for down payment and closing costs. Once they receive their tax credit money back from the IRS, they repay their loans to the state.</p>
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<p>The post <a rel="nofollow" href="https://suncoasteam.com/2009/11/obama-signs-homebuyer-tax-credit-bill-extension/">Obama signs Homebuyer tax credit bill extension</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
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		<title>Like-Kind Exchange of Vacation Homes Under I.R.S. Section 1031</title>
		<link>https://suncoasteam.com/2008/02/like-kind-exchange-of-vacation-homes-under-irs-section-1031/</link>
		
		<dc:creator><![CDATA[Jim Mulligan]]></dc:creator>
		<pubDate>Thu, 28 Feb 2008 21:46:05 +0000</pubDate>
				<category><![CDATA[Taxes]]></category>
		<guid isPermaLink="false">http://blog.suncoasteam.com/2008/02/28/like-kind-exchange-of-vacation-homes-under-irs-section-1031/</guid>

					<description><![CDATA[<p>Like-Kind Exchange of Vacation Homes Under I.R.S. Section 1031 ATTORNEYS&#8217; TITLE INSURANCE FUND, INC. February 25, 2008 **** FUND NEWS **** The following is a summary of new I.R.S. safe harbor regulations for the exchange of vacation homes from ATTORNEYS&#8217; TITLE INSURANCE FUND INC. The Internal Revenue Service (&#8220;IRS&#8221;) has just released safe harbor regulations, [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2008/02/like-kind-exchange-of-vacation-homes-under-irs-section-1031/">Like-Kind Exchange of Vacation Homes Under I.R.S. Section 1031</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Like-Kind Exchange of Vacation Homes Under I.R.S. Section 1031</p>
<p>ATTORNEYS&#8217; TITLE INSURANCE FUND, INC.<br />
February 25, 2008<br />
**** FUND NEWS ****</p>
<p>The following is a summary of new I.R.S. safe harbor regulations for the exchange of vacation homes from ATTORNEYS&#8217; TITLE INSURANCE FUND INC.</p>
<p>The Internal Revenue Service (&#8220;IRS&#8221;) has just released safe harbor regulations, effective March 10, 2008, which provide guidance on the exchange of dwelling units such as vacation homes. These safe harbor regulations are summarized below. Transactions completed under these rules will not be challenged by the IRS as to whether a dwelling unit qualifies under Section 1031 as property held for productive use in a trade or business or for investment. However, taxpayers are not generally required to take advantage of any of the various safe harbor rules offered by the IRS. Therefore exchanges of dwelling units may still be completed outside of this safe harbor; but in that event, it should be brought to the taxpayer&#8217;s attention that an exchange outside of the safe harbor may have greater risk of being disallowed by the IRS.</p>
<p>In summary, the safe harbor rules require the dwelling unit to be relinquished (sold) in the exchange to have been owned by the taxpayer for at least 24 months before the exchange and that the property acquired in the exchange (replacement property) be owned by the taxpayer for at least 24 months following the exchange. As to each property, the taxpayer must have rented the dwelling unit to other persons at fair market rent for 14 days or more in each of the two 12-month periods immediately preceding the exchange (as to the relinquished property), or each of the two 12-month periods immediately following the exchange (as to the replacement property). In addition, the taxpayer&#8217;s personal use of either unit may not exceed the greater of 14 days or 10% of the number of days of rental in each period (although some additional use by the taxpayer over and above this restriction may be allowed for repairs and annual maintenance).</p>
<p>The rental requirement is not satisfied by rental to family members unless the unit is used as a &#8220;principal&#8221; residence (and not as a vacation home) and the family member pays fair market rent.</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8211;</p>
<p>Your Suncoasteam attempts to keep you informed of tax information that affects your homes and investments.</p>
<p>James B. Mulligan, Licensed Real Estate Broker<br />
Suncoasteam Realty<br />
PO Box 380503<br />
Murdock, FL 33938<br />
(941) 456-3034</p>
<p><a href="mailto:<a href="mailto:sales@avalonsuncoast.com">sales@avalonsuncoast.com</a>&#8220;>Questions: sales@avalonsuncoast.com</a></p>
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<p>The post <a rel="nofollow" href="https://suncoasteam.com/2008/02/like-kind-exchange-of-vacation-homes-under-irs-section-1031/">Like-Kind Exchange of Vacation Homes Under I.R.S. Section 1031</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
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		<title>Property appraiser breaks down numbers</title>
		<link>https://suncoasteam.com/2008/01/property-appraiser-breaks-down-numbers/</link>
		
		<dc:creator><![CDATA[Jim Mulligan]]></dc:creator>
		<pubDate>Thu, 31 Jan 2008 13:48:47 +0000</pubDate>
				<category><![CDATA[Taxes]]></category>
		<guid isPermaLink="false">http://suncoasteam.com/?p=3253</guid>

					<description><![CDATA[<p>By NEIL HUGHES STAFF WRITER Charlotte Sun-Herald Newspaper. Reprinted with permission. January 31, 2008 Frank Desguin wants you to know he does not raise your taxes. That message was the one thing the Charlotte County Property Appraiser hoped to get across at Thursday night’s Northwest Port Charlotte Community League meeting. Desguin took the opportunity to [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2008/01/property-appraiser-breaks-down-numbers/">Property appraiser breaks down numbers</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><em>By NEIL HUGHES STAFF WRITER<br />
Charlotte Sun-Herald Newspaper. Reprinted with permission. January 31, 2008</em></p>
<p>Frank Desguin wants you to know he does not raise your taxes.</p>
<p>That message was the one thing the Charlotte County Property Appraiser hoped to get across at Thursday night’s Northwest Port Charlotte Community League meeting.</p>
<p>Desguin took the opportunity to explain how his job works, how taxes are levied, and what has led to higher taxes in Charlotte County — and he even explained how the Jan. 29 property tax reform ballot initiative would affect residents. And he took the opportunity to clear up what he sees as a bit of a misunderstanding.</p>
<p>Tackling such complex issues and answering questions of the 60-plus in attendance took the property appraiser more than an hour and a half in his talk at the Lutheran Church of the Living Waters.</p>
<p>Desguin made it clear Thursday that increasing property values occurred because of state-mandated appraisal procedures, which are applied annually. But, he stressed, what sets the county’s tax rate is the millage rate, which the Charlotte County Commission has control over. By contrast, Desguin does not have “control” over the county’s taxable property values.</p>
<p>“All the property appraiser does is distribute the pot,” Desguin said. “He doesn’t set the size of the pot.”</p>
<p>Because the county typically does not like to change its millage rate, the increasing property values have led to a ballooned budget. In the last five years, Desguin said, all of the county’s taxing authorities saw their budgets go up 140 percent, and the average annual property tax bill went up 28 percent.</p>
<p>“I’m not here questioning the taxing authority’s budgets,” Desguin said. “I’m just saying those are the facts.”</p>
<p>Northwest Port Charlotte residents had a number of questions about the property tax system, including the homestead exemption (a $25,000 reduction in a home’s taxable value), Save Our Homes (which limits the annual increase of a property’s taxable value to 3 percent) and the Jan. 29 property tax reform ballot initiative, also known as Amendment 1.</p>
<p>Florida law states that property taxes are to be based on the previous year’s market. That means when residents receive their property tax assessment forms in September, they reflect their home’s value from a year prior.</p>
<p>That rule led to frustrations in 2006, when appraisal numbers were based on 2005 real estate boom numbers and did not reflect 2006’s market crash.</p>
<p>“It causes a lot of misunderstanding with the general public,” Desguin said of the assessment system. “We do the best we can to explain it. Sometimes they believe you, sometimes they don’t, but that’s what the law is in Florida. Please try to remember that.”</p>
<p>Desguin also took the opportunity to clear up a few misconceptions about Amendment 1. The ballot initiative, if approved, would decrease a home’s taxable value by exempting the first $25,000, as is currently done, as well as the third $25,000. That means homes worth more than $75,000 would see a $50,000 exemption, but homes worth less than $50,000 would receive only the existing $25,000 exemption.</p>
<p>Though Desguin said he will not take a public stance on Amendment 1, he admitted if it passes, it will create a great deal more work for his department.</p>
<p>“This is really going to be fun,” he said sarcastically of the next year.</p>
<p>BY THE NUMBERS</p>
<p>Charlotte County facts and figures presented by Frank Desguin:</p>
<p>$137 million — amount county taxing authorities collected in 2001-02 fiscal year</p>
<p>$329 million — amount collected in 2006-07 28 percent — average annual property tax bill increase</p>
<p>47 percent — amount of the taxable millage rate collected by Charlotte County Public Schools in Northwest Port Charlotte Tax District 104</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2008/01/property-appraiser-breaks-down-numbers/">Property appraiser breaks down numbers</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
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		<title>Florida Property Tax Amendment</title>
		<link>https://suncoasteam.com/2007/11/amendment/</link>
		
		<dc:creator><![CDATA[Jim Mulligan]]></dc:creator>
		<pubDate>Tue, 20 Nov 2007 21:42:35 +0000</pubDate>
				<category><![CDATA[Taxes]]></category>
		<guid isPermaLink="false">http://blog.suncoasteam.com/2007/11/20/amendment/</guid>

					<description><![CDATA[<p>Following is the text of the proposed amendment to the Florida Constitution to the Save-Our-Homes amendment. Your Suncoasteam believes that there should be an open discussion regarding the benefits and problems of this amendment. Your comments are welcome. Please post them below. PROPOSED CONSTITUTIONAL AMENDMENT TO BE VOTED ON JANUARY 29, 2008 NOTICE OF ELECTION [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://suncoasteam.com/2007/11/amendment/">Florida Property Tax Amendment</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Following is the text of the proposed amendment to the Florida Constitution to the Save-Our-Homes amendment. Your Suncoasteam believes that there should be an open discussion regarding the benefits and problems of this amendment. Your comments are welcome. Please post them below.</p>
<p>PROPOSED CONSTITUTIONAL AMENDMENT<br />
TO BE VOTED ON JANUARY 29, 2008<br />
NOTICE OF ELECTION</p>
<p>I, Kurt S. Browning, Secretary of State of the State of Florida, do hereby give notice that<br />
an election will be held in each county in Florida, on January 29, 2008, for the ratification<br />
or rejection of a proposed revision to the constitution of the State of Florida.</p>
<p>No. 1<br />
CONSTITUTIONAL REVISION<br />
ARTICLE VII, SECTIONS 3, 4, AND 6<br />
ARTICLE XII, SECTION 27<br />
(Legislative)</p>
<p>Ballot Title:</p>
<p>PROPERTY TAX EXEMPTIONS; LIMITATIONS ON PROPERTY TAX<br />
ASSESSMENTS</p>
<p>Ballot Summary:</p>
<p>This revision proposes changes to the State Constitution relating to property taxation.<br />
With respect to homestead property, this revision: (1) increases the homestead exemption<br />
except for school district taxes and (2) allows homestead property owners to transfer up<br />
to $500,000 of their Save-Our-Homes benefits to their next homestead. With respect to<br />
nonhomestead property, this revision (3) provides a $25,000 exemption for tangible<br />
personal property and (4) limits assessment increases for specified nonhomestead real<br />
property except for school district taxes.</p>
<p>In more detail, this revision:</p>
<p>(1) Increases the homestead exemption by exempting the assessed value<br />
between $50,000 and $75,000. This exemption does not apply to school district taxes.<br />
(2) Provides for the transfer of accumulated Save-Our-Homes benefits.<br />
Homestead property owners will be able to transfer their Save-Our-Homes benefit to a<br />
new homestead within 1 year and not more than 2 years after relinquishing their previous<br />
homestead; except, if this revision is approved by the electors in January of 2008 and if<br />
the new homestead is established on January 1, 2008, the previous homestead must have<br />
been relinquished in 2007. If the new homestead has a higher just value than the previous<br />
one, the accumulated benefit can be transferred; if the new homestead has a lower just<br />
value, the amount of benefit transferred will be reduced. The transferred benefit may not<br />
exceed $500,000. This provision applies to all taxes.<br />
(3) Authorizes an exemption from property taxes of $25,000 of assessed value<br />
of tangible personal property. This provision applies to all taxes.<br />
(4) Limits the assessment increases for specified nonhomestead real property to<br />
10 percent each year. Property will be assessed at just value following an improvement,<br />
as defined by general law, and may be assessed at just value following a change of<br />
ownership or control if provided by general law. This limitation does not apply to school</p>
<p>district taxes. This limitation is repealed effective January 1, 2019, unless renewed by a<br />
vote of the electors in the general election held in 2018.</p>
<p>Further, this revision:</p>
<p>a. Repeals obsolete language on the homestead exemption when it was less<br />
than $25,000 and did not apply uniformly to property taxes levied by all local<br />
governments.<br />
b. Provides for homestead exemptions to be repealed if a future constitutional<br />
amendment provides for assessment of homesteads &#8220;at less than just value&#8221; rather than as<br />
currently provided &#8220;at a specified percentage&#8221; of just value.<br />
c. Schedules the changes to take effect upon approval by the electors and<br />
operate retroactively to January 1, 2008, if approved in a special election held on January<br />
29, 2008, or to take effect January 1, 2009, if approved in the general election held in<br />
November of 2008. The limitation on annual assessment increases for specified real<br />
property shall first apply to the 2009 tax roll if this revision is approved in a special<br />
election held on January 29, 2008, or shall first apply to the 2010 tax roll if this revision<br />
is approved in the general election held in November of 2008.<br />
ARTICLE VII<br />
FINANCE AND TAXATION</p>
<p>SECTION 3. Taxes; exemptions.-</p>
<p>(a) All property owned by a municipality and used exclusively by it for<br />
municipal or public purposes shall be exempt from taxation. A municipality, owning<br />
property outside the municipality, may be required by general law to make payment to<br />
the taxing unit in which the property is located. Such portions of property as are used<br />
predominantly for educational, literary, scientific, religious or charitable purposes may be<br />
exempted by general law from taxation.<br />
(b) There shall be exempt from taxation, cumulatively, to every head of a<br />
family residing in this state, household goods and personal effects to the value fixed by<br />
general law, not less than one thousand dollars, and to every widow or widower or person<br />
who is blind or totally and permanently disabled, property to the value fixed by general<br />
law not less than five hundred dollars.<br />
(c) Any county or municipality may, for the purpose of its respective tax levy<br />
and subject to the provisions of this subsection and general law, grant community and<br />
economic development ad valorem tax exemptions to new businesses and expansions of<br />
existing businesses, as defined by general law. Such an exemption may be granted only<br />
by ordinance of the county or municipality, and only after the electors of the county or<br />
municipality voting on such question in a referendum authorize the county or<br />
municipality to adopt such ordinances. An exemption so granted shall apply to<br />
improvements to real property made by or for the use of a new business and<br />
improvements to real property related to the expansion of an existing business and shall<br />
also apply to tangible personal property of such new business and tangible personal</p>
<p>property related to the expansion of an existing business. The amount or limits of the<br />
amount of such exemption shall be specified by general law. The period of time for<br />
which such exemption may be granted to a new business or expansion of an existing<br />
business shall be determined by general law. The authority to grant such exemption shall<br />
expire ten years from the date of approval by the electors of the county or municipality,<br />
and may be renewable by referendum as provided by general law.</p>
<p>(d) By general law and subject to conditions specified therein, there may be<br />
granted an ad valorem tax exemption to a renewable energy source device and to real<br />
property on which such device is installed and operated, to the value fixed by general law<br />
not to exceed the original cost of the device, and for the period of time fixed by general<br />
law not to exceed ten years.<br />
(e) Any county or municipality may, for the purpose of its respective tax levy<br />
and subject to the provisions of this subsection and general law, grant historic<br />
preservation ad valorem tax exemptions to owners of historic properties. This exemption<br />
may be granted only by ordinance of the county or municipality. The amount or limits of<br />
the amount of this exemption and the requirements for eligible properties must be<br />
specified by general law. The period of time for which this exemption may be granted to<br />
a property owner shall be determined by general law.<br />
(f) By general law and subject to conditions specified therein, twenty-five<br />
thousand dollars of the assessed value of property subject to tangible personal property<br />
tax shall be exempt from ad valorem taxation.<br />
SECTION 4. Taxation; assessments.&#8211;By general law regulations shall be<br />
prescribed which shall secure a just valuation of all property for ad valorem taxation,<br />
provided:</p>
<p>(a) Agricultural land, land producing high water recharge to Florida&#8217;s aquifers,<br />
or land used exclusively for noncommercial recreational purposes may be classified by<br />
general law and assessed solely on the basis of character or use.<br />
(b) Pursuant to general law tangible personal property held for sale as stock in<br />
trade and livestock may be valued for taxation at a specified percentage of its value, may<br />
be classified for tax purposes, or may be exempted from taxation.<br />
(c) All persons entitled to a homestead exemption under Section 6 of this<br />
Article shall have their homestead assessed at just value as of January 1 of the year<br />
following the effective date of this amendment. This assessment shall change only as<br />
provided herein.<br />
(1) Assessments subject to this provision shall be changed annually on January<br />
1st of each year; but those changes in assessments shall not exceed the lower of the<br />
following:<br />
a. Three percent (3%) of the assessment for the prior year.<br />
b. The percent change in the Consumer Price Index for all urban consumers,<br />
U.S. City Average, all items 1967=100, or successor reports for the preceding calendar<br />
year as initially reported by the United States Department of Labor, Bureau of Labor<br />
Statistics.<br />
(2) No assessment shall exceed just value.<br />
(3) After any change of ownership, as provided by general law, homestead<br />
property shall be assessed at just value as of January 1 of the following year, unless the</p>
<p>provisions of paragraph (8) apply. Thereafter, the homestead shall be assessed as<br />
provided herein.</p>
<p>(4) New homestead property shall be assessed at just value as of January 1st of<br />
the year following the establishment of the homestead, unless the provisions of paragraph<br />
(8) apply. That assessment shall only change as provided herein.<br />
(5) Changes, additions, reductions, or improvements to homestead property<br />
shall be assessed as provided for by general law; provided, however, after the adjustment<br />
for any change, addition, reduction, or improvement, the property shall be assessed as<br />
provided herein.<br />
(6) In the event of a termination of homestead status, the property shall be<br />
assessed as provided by general law.<br />
(7) The provisions of this amendment are severable. If any of the provisions of<br />
this amendment shall be held unconstitutional by any court of competent jurisdiction, the<br />
decision of such court shall not affect or impair any remaining provisions of this<br />
amendment.<br />
(8)a. A person who establishes a new homestead as of January 1, 2009, or<br />
January 1 of any subsequent year and who has received a homestead exemption pursuant<br />
to Section 6 of this Article as of January 1 of either of the two years immediately<br />
preceding the establishment of the new homestead is entitled to have the new homestead<br />
assessed at less than just value. If this revision is approved in January of 2008, a person<br />
who establishes a new homestead as of January 1, 2008, is entitled to have the new<br />
homestead assessed at less than just value only if that person received a homestead<br />
exemption on January 1, 2007. The assessed value of the newly established homestead<br />
shall be determined as follows:</p>
<p>1. If the just value of the new homestead is greater than or equal to the just<br />
value of the prior homestead as of January 1 of the year in which the prior homestead was<br />
abandoned, the assessed value of the new homestead shall be the just value of the new<br />
homestead minus an amount equal to the lesser of $500,000 or the difference between the<br />
just value and the assessed value of the prior homestead as of January 1 of the year in<br />
which the prior homestead was abandoned. Thereafter, the homestead shall be assessed as<br />
provided herein.<br />
2. If the just value of the new homestead is less than the just value of the prior<br />
homestead as of January 1 of the year in which the prior homestead was abandoned, the<br />
assessed value of the new homestead shall be equal to the just value of the new<br />
homestead divided by the just value of the prior homestead and multiplied by the<br />
assessed value of the prior homestead. However, if the difference between the just value<br />
of the new homestead and the assessed value of the new homestead calculated pursuant to<br />
this sub-subparagraph is greater than $500,000, the assessed value of the new homestead<br />
shall be increased so that the difference between the just value and the assessed value<br />
equals $500,000. Thereafter, the homestead shall be assessed as provided herein.<br />
b. By general law and subject to conditions specified therein, the Legislature<br />
shall provide for application of this paragraph to property owned by more than one<br />
person.<br />
(d) The legislature may, by general law, for assessment purposes and subject to<br />
the provisions of this subsection, allow counties and municipalities to authorize by<br />
ordinance that historic property may be assessed solely on the basis of character or use.</p>
<p>Such character or use assessment shall apply only to the jurisdiction adopting the<br />
ordinance. The requirements for eligible properties must be specified by general law.</p>
<p>(e) A county may, in the manner prescribed by general law, provide for a<br />
reduction in the assessed value of homestead property to the extent of any increase in the<br />
assessed value of that property which results from the construction or reconstruction of<br />
the property for the purpose of providing living quarters for one or more natural or<br />
adoptive grandparents or parents of the owner of the property or of the owner&#8217;s spouse if<br />
at least one of the grandparents or parents for whom the living quarters are provided is 62<br />
years of age or older. Such a reduction may not exceed the lesser of the following:<br />
(1) The increase in assessed value resulting from construction or reconstruction<br />
of the property.<br />
(2) Twenty percent of the total assessed value of the property as improved.<br />
(f) For all levies other than school district levies, assessments of residential real<br />
property, as defined by general law, which contains nine units or fewer and which is not<br />
subject to the assessment limitations set forth in subsections (a) through (c) shall change<br />
only as provided in this subsection.<br />
(1) Assessments subject to this subsection shall be changed annually on the<br />
date of assessment provided by law; but those changes in assessments shall not exceed<br />
ten percent (10%) of the assessment for the prior year.<br />
(2) No assessment shall exceed just value.<br />
(3) After a change of ownership or control, as defined by general law,<br />
including any change of ownership of a legal entity that owns the property, such property<br />
shall be assessed at just value as of the next assessment date. Thereafter, such property<br />
shall be assessed as provided in this subsection.<br />
(4) Changes, additions, reductions, or improvements to such property shall be<br />
assessed as provided for by general law; however, after the adjustment for any change,<br />
addition, reduction, or improvement, the property shall be assessed as provided in this<br />
subsection.<br />
(g) For all levies other than school district levies, assessments of real property<br />
that is not subject to the assessment limitations set forth in subsections (a) through (c) and<br />
(f) shall change only as provided in this subsection.<br />
(1) Assessments subject to this subsection shall be changed annually on the<br />
date of assessment provided by law; but those changes in assessments shall not exceed<br />
ten percent (10%) of the assessment for the prior year.<br />
(2) No assessment shall exceed just value.<br />
(3) The legislature must provide that such property shall be assessed at just<br />
value as of the next assessment date after a qualifying improvement, as defined by<br />
general law, is made to such property. Thereafter, such property shall be assessed as<br />
provided in this subsection.<br />
(4) The legislature may provide that such property shall be assessed at just<br />
value as of the next assessment date after a change of ownership or control, as defined by<br />
general law, including any change of ownership of the legal entity that owns the property.<br />
Thereafter, such property shall be assessed as provided in this subsection.<br />
(5) Changes, additions, reductions, or improvements to such property shall be<br />
assessed as provided for by general law; however, after the adjustment for any change,</p>
<p>addition, reduction, or improvement, the property shall be assessed as provided in this<br />
subsection.</p>
<p>SECTION 6. Homestead exemptions.-</p>
<p>(a) Every person who has the legal or equitable title to real estate and maintains<br />
thereon the permanent residence of the owner, or another legally or naturally dependent<br />
upon the owner, shall be exempt from taxation thereon, except assessments for special<br />
benefits, up to the assessed valuation of twenty-five five thousand dollars and, for all<br />
levies other than school district levies, on the assessed valuation greater than fifty<br />
thousand dollars and up to seventy-five thousand dollars, upon establishment of right<br />
thereto in the manner prescribed by law. The real estate may be held by legal or<br />
equitable title, by the entireties, jointly, in common, as a condominium, or indirectly by<br />
stock ownership or membership representing the owner&#8217;s or member&#8217;s proprietary interest<br />
in a corporation owning a fee or a leasehold initially in excess of ninety-eight years. The<br />
exemption shall not apply with respect to any assessment roll until such roll is first<br />
determined to be in compliance with the provisions of section 4 by a state agency<br />
designated by general law. This exemption is repealed on the effective date of any<br />
amendment to this Article which provides for the assessment of homestead property at<br />
less than just value.<br />
(b) Not more than one exemption shall be allowed any individual or family unit<br />
or with respect to any residential unit. No exemption shall exceed the value of the real<br />
estate assessable to the owner or, in case of ownership through stock or membership in a<br />
corporation, the value of the proportion which the interest in the corporation bears to the<br />
assessed value of the property.<br />
(c) By general law and subject to conditions specified therein, the exemption<br />
shall be increased to a total of twenty-five thousand dollars of the assessed value of the<br />
real estate for each school district levy. By general law and subject to conditions<br />
specified therein, the exemption for all other levies may be increased up to an amount not<br />
exceeding ten thousand dollars of the assessed value of the real estate if the owner has<br />
attained age sixty-five or is totally and permanently disabled and if the owner is not<br />
entitled to the exemption provided in subsection (d).<br />
(d) By general law and subject to conditions specified therein, the exemption<br />
shall be increased to a total of the following amounts of assessed value of real estate for<br />
each levy other than those of school districts: fifteen thousand dollars with respect to<br />
1980 assessments; twenty thousand dollars with respect to 1981 assessments; twenty-five<br />
thousand dollars with respect to assessments for 1982 and each year thereafter. However,<br />
such increase shall not apply with respect to any assessment roll until such roll is first<br />
determined to be in compliance with the provisions of section 4 by a state agency<br />
designated by general law. This subsection shall stand repealed on the effective date of<br />
any amendment to section 4 which provides for the assessment of homestead property at<br />
a specified percentage of its just value.<br />
(c)(e) By general law and subject to conditions specified therein, the<br />
Legislature may provide to renters, who are permanent residents, ad valorem tax relief on<br />
all ad valorem tax levies. Such ad valorem tax relief shall be in the form and amount<br />
established by general law.</p>
<p>(d)(f) The legislature may, by general law, allow counties or municipalities, for<br />
the purpose of their respective tax levies and subject to the provisions of general law, to<br />
grant an additional homestead tax exemption not exceeding fifty thousand dollars to any<br />
person who has the legal or equitable title to real estate and maintains thereon the<br />
permanent residence of the owner and who has attained age sixty-five and whose<br />
household income, as defined by general law, does not exceed twenty thousand dollars.<br />
The general law must allow counties and municipalities to grant this additional<br />
exemption, within the limits prescribed in this subsection, by ordinance adopted in the<br />
manner prescribed by general law, and must provide for the periodic adjustment of the<br />
income limitation prescribed in this subsection for changes in the cost of living.</p>
<p>(e)(g) Each veteran who is age 65 or older who is partially or totally<br />
permanently disabled shall receive a discount from the amount of the ad valorem tax<br />
otherwise owed on homestead property the veteran owns and resides in if the disability<br />
was combat related, the veteran was a resident of this state at the time of entering the<br />
military service of the United States, and the veteran was honorably discharged upon<br />
separation from military service. The discount shall be in a percentage equal to the<br />
percentage of the veteran&#8217;s permanent, service-connected disability as determined by the<br />
United States Department of Veterans Affairs. To qualify for the discount granted by this<br />
subsection, an applicant must submit to the county property appraiser, by March 1, proof<br />
of residency at the time of entering military service, an official letter from the United<br />
States Department of Veterans Affairs stating the percentage of the veteran&#8217;s service-<br />
connected disability and such evidence that reasonably identifies the disability as combat<br />
related, and a copy of the veteran&#8217;s honorable discharge. If the property appraiser denies<br />
the request for a discount, the appraiser must notify the applicant in writing of the reasons<br />
for the denial, and the veteran may reapply. The Legislature may, by general law, waive<br />
the annual application requirement in subsequent years. This subsection shall take effect<br />
December 7, 2006, is self-executing, and does not require implementing legislation.</p>
<p>ARTICLE XII<br />
SCHEDULE</p>
<p>SECTION 27. Property tax exemptions and limitations on property tax<br />
assessments.&#8211;The amendments to Sections 3, 4, and 6 of Article VII, providing a<br />
$25,000 exemption for tangible personal property, providing an additional $25,000<br />
homestead exemption, authorizing transfer of the accrued benefit from the limitations on<br />
the assessment of homestead property, and this section, if submitted to the electors of this<br />
state for approval or rejection at a special election authorized by law to be held on<br />
January 29, 2008, shall take effect upon approval by the electors and shall operate<br />
retroactively to January 1, 2008, or, if submitted to the electors of this state for approval<br />
or rejection at the next general election, shall take effect January 1 of the year following<br />
such general election. The amendments to Section 4 of Article VII creating subsections</p>
<p>(f) and (g) of that section, creating a limitation on annual assessment increases for<br />
specified real property, shall take effect upon approval of the electors and shall first limit<br />
assessments beginning January 1, 2009, if approved at a special election held on January<br />
29, 2008, or shall first limit assessments beginning January 1, 2010, if approved at the<br />
general election held in November of 2008. Subsections (f) and (g) of Section 4 of Article</p>
<p>VII are repealed effective January 1, 2019; however, the legislature shall by joint<br />
resolution propose an amendment abrogating the repeal of subsections (f) and (g), which<br />
shall be submitted to the electors of this state for approval or rejection at the general<br />
election of 2018 and, if approved, shall take effect January 1, 2019.</p>
<p>&#8212;&#8212;&#8212;&#8212;</p>
<p>James B. Mulligan, Licensed Real Estate Broker<br />
Suncoasteam Realty<br />
PO Box 380503<br />
Murdock, FL 33938<br />
(941) 456-3034</p>
<p><a href="mailto:sales@avalonsuncoast.com">Questions: sales@avalonsuncoast.com</a></p>
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<p>The post <a rel="nofollow" href="https://suncoasteam.com/2007/11/amendment/">Florida Property Tax Amendment</a> appeared first on <a rel="nofollow" href="https://suncoasteam.com">Southwest FL Real Estate</a>.</p>
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