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Property tax advice - disabled/over 65 #13994567 05/12/21 02:39 PM
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Uncle Zeek Offline OP
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Hey guys, this came up indirectly in another thread a little while ago and I wasn't in a good frame of mind to address it.

If you have a homestead property tax exemption with 'disabled' or 'over 65' freezes, then the homestead can be appraised up to a maximum of 10% over the prior year. BUT, your property taxes have a ceiling for the year you first claimed the 'disabled/over-65' exemption. I know for a fact that in Denton County, all the taxes are frozen - ISD, City, and County. Other counties may not have their county taxes frozen.

So if you know that you're approaching that big birthday, do everything you can to lower your appraisal for that year and lock in the lower property taxes. After that it doesn't matter how high the appraisal goes up (unless the Legislature changes the rules with new laws).

The other big rule that not many folks know about is that you can transfer an existing property tax ceiling for over-65/disabled.

Originally Posted by Texas Comptroller
Does the school tax ceiling transfer when a person who is age 65 or older or is disabled or is the surviving spouse (age 55 or older) of the individual moves to another home?

A percentage of the school district tax ceiling may be transferred.

The ceiling on the new homestead would be calculated to give you the same percentage of tax paid as the ceiling on the original homestead. For example, if you currently have a tax ceiling of $100, but would pay $400 without the ceiling, the percentage of tax paid is 25 percent. If you move to another home and the taxes on the new homestead would normally be $1,000 in the first year, the new tax ceiling would be $250, or 25 percent of $1,000.

To transfer the school district tax ceiling, you may request a certificate from the chief appraiser in the last appraisal district in which you received the tax ceiling. You present the transfer certificate to the chief appraiser in the appraisal district where the new homestead is located when you apply for homestead exemptions on the new home.


This is a huge help to seniors who decide to sell off a big expensive home and want to move into a smaller, more economical home (say a condo).

You're welcome.



"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate planning & tax attorney
2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
zac@artimlegal.com
Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13995178 05/12/21 08:56 PM
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pchapin Online Content
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I did not know about the school tax ceiling transfer. Thanks, that has been one concern with selling in town and moving to the lake.
In Houston, my HISD tax has been frozen at $1,077.38 since turning 65. All other property taxes went to zero except Houston Community College until 2016 at which time all other property taxes kicked back in. I called the tax office and was told that once the appraised value of your home exceeds $200,000, the other taxes start phasing back in. My total tax increased 16.73% 2016, 17.46% 2017, 16.51% 2018, -2.25% 2019 and -13.48% 2020

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Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13995179 05/12/21 08:57 PM
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bassfishinglawyer Offline
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Why 65? Isn't that age discrimination? What if they did it for everyone UNDER 65?

Re: Property tax advice - disabled/over 65 [Re: bassfishinglawyer] #13995207 05/12/21 09:25 PM
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Originally Posted by bassfishinglawyer
Why 65? Isn't that age discrimination? What if they did it for everyone UNDER 65?

Same reason you get Medicare at 65, The people you voted for made a decision.


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Re: Property tax advice - disabled/over 65 [Re: pchapin] #13995901 05/13/21 12:57 PM
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Originally Posted by pchapin
Originally Posted by bassfishinglawyer
Why 65? Isn't that age discrimination? What if they did it for everyone UNDER 65?

Same reason you get Medicare at 65, The people you voted for made a decision.


So the decisions of the legislators always control? Following then, if the legislators made a decision about LGBTQ, abortion, gun rights (or pick another controversial subject), that would control?

Re: Property tax advice - disabled/over 65 [Re: bassfishinglawyer] #13996976 05/14/21 03:45 AM
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Originally Posted by bassfishinglawyer
Originally Posted by pchapin
Originally Posted by bassfishinglawyer
Why 65? Isn't that age discrimination? What if they did it for everyone UNDER 65?

Same reason you get Medicare at 65, The people you voted for made a decision.


So the decisions of the legislators always control? Following then, if the legislators made a decision about LGBTQ, abortion, gun rights (or pick another controversial subject), that would control?

Unless the Supreme Court rules the law unconstitutional, yes the people you elect get to make the decisions.


“No reasonable person would conclude that the statements were truly statements of fact”
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Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13997019 05/14/21 05:09 AM
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Taxes, on a paid off house..................
Is nothing more, than rent to the state...........
Make no mistake, you own nothing, in Texas...............
Not even your car...................

Re: Property tax advice - disabled/over 65 [Re: pchapin] #13997243 05/14/21 01:24 PM
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bassfishinglawyer Offline
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Originally Posted by pchapin
Originally Posted by bassfishinglawyer
Originally Posted by pchapin
Originally Posted by bassfishinglawyer
Why 65? Isn't that age discrimination? What if they did it for everyone UNDER 65?

Same reason you get Medicare at 65, The people you voted for made a decision.


So the decisions of the legislators always control? Following then, if the legislators made a decision about LGBTQ, abortion, gun rights (or pick another controversial subject), that would control?

Unless the Supreme Court rules the law unconstitutional, yes the people you elect get to make the decisions.


I seem to know how our government works. But, is it unconstitutional as age discrimination? All other discrimination seems to be illegal - well, except wealth discrimination (e.g. taxes)

Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13997292 05/14/21 01:47 PM
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^^^ So you woulsd prefer seniors not catch any break on property taxes once they are not working and their income drops.

Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13997306 05/14/21 01:54 PM
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Thanks Zeek! I'd never heard of the transfer part of that.

Re: Property tax advice - disabled/over 65 [Re: Hard Rain] #13997324 05/14/21 02:00 PM
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Originally Posted by Hard Rain
^^^ So you woulsd prefer seniors not catch any break on property taxes once they are not working and their income drops.



No. I'd prefer the rich and middle class pay all of their taxes like they pay every one else's. hammer

It's just a philosophical question - how can decisions be made to benefit one "class" (or exclude a "class") and it be discrimination, yet another decision is made to benefit a different "class" and it is not discrimination? Just trying to wrap my head around that. You can use seniors or any other class.

Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13997356 05/14/21 02:18 PM
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Texan Til I Die Offline
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I think most people look at it as just another age related entitlement like Social Security and Medicare.


"If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin." - Samuel Adams
Re: Property tax advice - disabled/over 65 [Re: Uncle Zeek] #13997375 05/14/21 02:26 PM
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Suprised a lawer does not seem to understand seniors should get a tax break. In this case it is really not all that big of a break. In my opinion seniors should be fully exempt from property taxes certainly school taxes. In many cases seniors are forced to sell their house and downsize or move to a state where taxes are not as tied to property values. I am not in that category but for many it is a real problem.

I have never once questioned seniors getting any kind of tax breaks my entier working career IMO to do so seems very petty.

Re: Property tax advice - disabled/over 65 [Re: Texan Til I Die] #13997379 05/14/21 02:27 PM
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Originally Posted by Texan Til I Die
I think most people look at it as just another age related entitlement like Social Security and Medicare.


Can’t believe what I am reading...entitlement? Seniors pay into this their entire working career. Add to that only Medicare Part A is free the rest you pay for.

Re: Property tax advice - disabled/over 65 [Re: Hard Rain] #13997404 05/14/21 02:41 PM
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Originally Posted by Hard Rain
Suprised a lawer does not seem to understand seniors should get a tax break.


Did a lawer (sic) say they shouldn't get a tax break? Maybe Mr. Hard just can't read, or chooses not to do so? It is merely a question about how classes are treated and how discrimination is determined. I'm almost there, so I am all for it!! I should know better than to try and elicit answers to thinking-type questions to some on this forum.

Last edited by bassfishinglawyer; 05/14/21 02:42 PM.
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