Transfer of Assessment Limitation Difference; Portability; Denials and Late Applications, Notice of Change of Ownership or Control of Non-Homestead Property.
DEPARTMENT OF REVENUE
Property Tax Oversight ProgramRULE NO.: RULE TITLE:
12D-8.0065: Transfer of Assessment Limitation Difference; Portability; Denials and Late Applications
12D-8.00659: Notice of Change of Ownership or Control of Non-Homestead Property.NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 14, April 6, 2012 issue of the Florida Administrative Weekly.
The Department has made changes to these proposed rules based on the 2012 Legislative amendments to Section 193.155, F.S., as enacted in Section 5 of Chapter 2012-193, Laws of Florida, and based on comments received from the Joint Administrative Procedures Committee of the Florida Legislature.
A revised version of these proposed rules will be available at: http://dor.myflorida.com/dor/property/legislation/rules/10ruled rafts.html. These revised versions include the proposed changes discussed below to the original text that was published in the Notice of Proposed Rule on April 6, 2012.
Paragraph (f) has been added to subsection (1) of proposed new Rule 12D-8.0065, so that, when adopted, the paragraph will read as follows:
(f) “Husband and wife” mean two people who are currently and legally married to each other as recognized by Florida law.
Subsections (2) through (5)(a) of the proposed new rule – No change.
Paragraph (b) of subsection (5) of proposed new Rule 12D-8.0065, has been changed, so that, when adopted, the paragraph will read as follows:
(b) Splitting:
1. When two or more people who previously shared a homestead abandon that homestead and establish separate homesteads, the maximum total amount that can be transferred is $500,000. Within that limit, each taxpayer who received a homestead exemption and is eligible to transfer an amount is limited to a share of the previous homestead’s difference between assessed value and just value.
a. For tenants in common, this share is the difference between just value and assessed value for the tenant’s proportionate interest in the property. This is the just value of the taxpayer’s interest minus the assessed value of the taxpayer’s interest.
b. For joint tenancy with right of survivorship and for a husband and wife, the share is the assessed value of the homestead portion of the property, divided by the number of owners that received the exemption, unless another interest share is on the title. In that case, the portion of the amount that may be transferred is the difference between just value and assessed value for the stated share.
c. The shares of the assessment difference cannot be sold, transferred, or pledged to any taxpayer. For example, if a husband and wife divorce and both abandon the homestead, they each take their share of the assessment difference with them. The property appraiser cannot accept a stipulation otherwise. The shares of the taxpayers that received the homestead exemption cannot total more than 100 percent.
2. In addition to the other provisions of this paragraph, if a husband and wife are abandoning jointly titled property they may, by completing Form DR-501TS, Designation of Ownership Share of Abandoned Homestead, designate their respective ownership shares by complying with the following requirements:
a. Meet the qualifications specified in paragraph (8)(d) of Section 193.155, F.S.
b. Be married on the date that the jointly titled property is abandoned.
c. Complete and file with the property appraiser in the county where the property is located, a valid Form DR-501TS, Designation of Ownership Share of Abandoned Homestead, (incorporated by reference in Rule 12D-16.002, F.A.C.).
d. Separately swear to both owners’ designated ownership share on Form DR-501TS.
e. Ensure that the total of the designated ownership shares of the husband and wife equals 100 percent.
f. File the valid and complete Form DR-501TS with the appropriate property appraiser before Form DR-501T is filed by either the husband or the wife.
Upon filing a valid and complete Form DR-501TS, as provided by this paragraph, the designated ownership shares of the husband and wife are irrevocable, and cannot be amended or changed.
(c) No change.
Paragraph (a) of subsection (6) of proposed new Rule 12D-8.0065, has been changed, so that, when adopted, the paragraph will read as follows:
(6) Abandonment.
(a) To transfer an assessment difference, a homestead owner must abandon the homestead before January 1 of the year the new application is made. To do this, the taxpayer must notify the property appraiser in writing by the time he or she applies for the new homestead exemption. To transfer the assessment difference, the previous homestead must be reassessed at just value as of January 1, subject to subsections 193.155(8) and 193.155(3), F.S., which provide for assessment at other than just value.
(b) through (12)(a) No change.
Paragraph (b) of subsection (12) of proposed new Rule 12D-8.0065, has been changed, so that, when adopted, the paragraph will read as follows:
(b) Any taxpayer who is qualified to have his or her property assessed under Section 193.155(8), F.S., who fails to file an application by March 1, may file an application for assessment under that subsection and, under Section 194.011(3), F.S., may file a petition with the value adjustment board requesting the assessment be granted. The petition may be filed at any time during the taxable year by the 25th day following the mailing of the notice by the property appraiser as provided in Section 194.011(1), F.S. In spite of Section 194.013, F.S., the taxpayer must pay a nonrefundable fee of $15 when filing the petition, as required by paragraph (i) of Section 193.155(8), F.S. After reviewing the petition, the property appraiser or the value adjustment board may grant the assessment under Section 193.155(8), F.S., if the property appraiser or value adjustment board find the taxpayer is qualified and demonstrates particular extenuating circumstances to warrant granting the assessment.
Paragraph (b) of subsection (7) of proposed new Rule 12D-8.00659, has been changed, so that, when adopted, the paragraph will read as follows:
(b) Form DR-430M, Change of Ownership or Control, Multiple Parcels, which is hereby incorporated by reference (effective 7/2012), may be used as an attachment to Form DR-430. A property owner may use DR-430M to list all property owned or controlled in the state for which a change of ownership or control has occurred. A copy of the form should be sent to each county property appraiser where a parcel is located.
