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Being denied our Homestead Exemption

Author Ron
Participant 

#1 - Posted: 10 Jul 2007 19:06 
We have had homestead exemption on a home since the day we purchased in 1998, we purchased an investment home in 2006, moved into the investment home in 2006, changed our drivers license, filed our income taxes under the investment home address. We had to change our drivers license for entry into the gate, our homestead exemption is being denied on our home we have had since 1998 because we are being told that it is not our primary residence. We are in the process of renovating the house and we will be back in the house and we must have the continuation of our homestead exemption if not our taxes will triple. WE don't know what to do???

Author johnbsims3
Admin 

#2 - Posted: 10 Jul 2007 19:48 - Edited by: johnbsims3 
Ron,

Thanks for the time to post and sign in! Extended absence from your home for any reason, including travel, is not a valid reason to deny hmestead status. You must appeal any denial to the county Value Adjustment Board by the end of July or you will lose the right to timely appeal. Under the law, legal abandonment of a homestead can only occur under two scenarios, if you move and reside or take up residence in a new primary residence (home), or if you rent the homestead property. No other form of abandonment is recognized by the courts.

See this link for more on the issue:

http://www.homesteadpropertyexemption.info/index.p hp?action=vthread&forum=4&topic=51&page=0#msg57

See this search link for more specific cases, information and authorities to use in your favor regarding extended absences...

http://www.homesteadpropertyexemption.info/index.p hp?phrase=extended+absence&searchType=0&where=0&fo rum=&sDay=17&sMonth=10&sYear=2006&eDay=10&eMonth=7 &eYear=2007&posterName=&action=search&searchGo=1

Author Deb
Participant 

#3 - Posted: 28 Aug 2008 11:34 - Edited by: Deb 
Have you contacted the Appraiser's office? Maybe if you explain that your living arrangements are just temporary because you are upgrading the homesteaded property you would be able to continue getting the exemption. If you are just trying to take advantage though and really don't have any plans to move back in just take the exemption on the new property. Obviously you are living there right now.

Author johnbsims3
Admin 

#4 - Posted: 28 Aug 2008 11:46 - Edited by: johnbsims3 
FYI, even an extended absence is not a valid reason to deny homestead tax exemption. Also Deb stated "If you are just trying to take advantage though and really don't have any plans to move back in just take the exemption on the new property."...That is allowed. In fact 'taking advantage' of the HEX and the system in regards to HEX, is supported by the courts.

Author Christina m silva
Participant 

#5 - Posted: 9 Aug 2013 04:52 
I bought an apartment over a year ago. I have a room mate. I appyed for homestead for 2013. The president of my association is accusing me of rent out my apartment because she doesnot see me there all the time. I'm a teacher and in my summers I travel to brazil(I was born and have family there) also I spend a lot of time at my boyfriend's house. But my apartment is my home! Can I be in trouble or acuse of fraud, as the president of my HOA claims I will?

Author johnbsims3
Admin 

#6 - Posted: 9 Aug 2013 07:25 
Yes, you can be accused of anything by anyone. the bottom line is, this person accusing you of not living there does not have any knowledge of your lifestyle, and maybe he needs to realize that false official statements are a felony.

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Being denied our Homestead Exemption
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