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Posted on 09/01/2025 7:49:46 AM PDT by texas booster
(a) An individual is entitled to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien if:
(1) the individual:
(A) is 65 years of age or older;
(B) is disabled as defined by Section 11.13(m); or
(C) is qualified to receive an exemption under Section 11.22; and
(2) the tax was imposed against property that the individual owns and occupies as a residence homestead.
(b) To obtain a deferral, an individual must file with the chief appraiser for the appraisal district in which the property is located an affidavit stating the facts required to be established by Subsection (a). The chief appraiser shall notify each taxing unit participating in the district of the filing.
After an affidavit is filed under this subsection, a taxing unit may not file suit to collect delinquent taxes on the property and the property may not be sold at a sale to foreclose the tax lien until the 181st day after the date the collector for the taxing unit delivers a notice of delinquency of the taxes following the date the individual no longer owns and occupies the property as a residence homestead. ...
(d) A tax lien remains on the property and interest continues to accrue during the period collection of taxes is deferred or abated under this section. The annual interest rate during the deferral or abatement period is five percent instead of the rate provided by Section 33.01. Interest and penalties that accrued or that were incurred or imposed under Section 33.01 or 33.07 before the date the individual files the deferral affidavit under Subsection (b) or the date the judgment abating the suit is entered, as applicable, are preserved. A penalty under Section 33.01 is not incurred during a deferral or abatement period. The additional penalty under Section 33.07 may be imposed and collected only if the taxes for which collection is deferred or abated remain delinquent on or after the 181st day after the date the deferral or abatement period expires. A plea of limitation, laches, or want of prosecution does not apply against the taxing unit because of deferral or abatement of collection as provided by this section.
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(f) Notwithstanding the other provisions of this section, if an individual who qualifies for a deferral or abatement of collection of taxes on property as provided by this section dies, the deferral or abatement continues in effect until the 181st day after the date the collector for the taxing unit delivers a notice of delinquency of the taxes following the date the surviving spouse of the individual no longer owns and occupies the property as a residence homestead if:
(1) the property was the residence homestead of the deceased spouse when the deceased spouse died;
(2) the surviving spouse was 55 years of age or older when the deceased spouse died; and
(3) the property was the residence homestead of the surviving spouse when the deceased spouse died.
(g) If the ownership interest of an individual entitled to a deferral under this section is a life estate, a lien for the deferred tax attaches to the estate of the life tenant, and not to the remainder interest, if the owner of the remainder is an institution of higher education that has not consented to the deferral. In this subsection, “institution of higher education” has the meaning assigned by Section 61.003, Education Code. This subsection does not apply to a deferral for which the individual entitled to the deferral filed the affidavit required by Subsection (b) before September 1, 2011.
(h) An heir property owner who qualifies heir property as the owner's residence homestead under Chapter 11 is considered the sole owner of the property for the purposes of this section.
Please give us the abridged translation.
Thank you!!
A ping out to the Texas Ping list, founded by Windflier.
TX Form 50-126 Property Tax Deferral
Another special Texas summer edition for your perusal.
As always, please FReepmail me if you want on or off the Texas Ping list.
Blessings, and stay cool!
If 65 or older or disabled, you can file a form with the State of Texas to have your property taxes deferred until the sale of the property.
The property must be and remain your primary Homesteaded residence.
The taxes accumulate annually and the balance due collects 5% interest during this time.
Upon sale of the property all accrued taxes and interest must be paid.
Still a rip off!
We know that Veterans with 100% disability do not normally pay property tax in Texas on their main homestead.
Once any citizen becomes age 65, become fully disabled or a surviving spouse become age 55; then the state allows a 100% deferral of property taxes until the homestead is no longer their home (death or is sold);
That person may defer the property taxes for all taxing entities, adding interest at a rate of 5%.
Why would one do this?
As we age our properties become valued at a rate that increases property tax so that it is the largest single expense in many budgets.
It is designed so that our property rich but cash poor elderly and disabled do not lose their homes to the tax man.
As long as property taxes exist this seems like a very reasonable approach.
Good luck getting the state of Texas to abolish property taxes.
Thank you!
Some of my clients live on Social Security only. Why? Beyond the scope of this discussion.
But with the property inflation of the last 5+ years, they cannot pay their taxes year after year without considerable difficulty.
Gov Abbott recently signed into law tax abatement’s that will help, but there may still be some that need this deferal.
This will certainly help.
I am excited to see what the county does to my tax bill to get around the various laws to keep my property valuation high.
I posted this in case other FReepers have lost some of their retirement, and are finding property taxes burdensome.
This could save you several thousand dollars per year, and your surviving spouse. It will help cash flow for these seniors.
Drawback? You and your spouse leave less to your heirs, as the accumulated taxes are paid out of the final sale after your deaths.
You’re welcome.
Here’s the form to file: https://comptroller.texas.gov/forms/50-126.pdf
The wife and I are considering doing this. We have no one to leave our real property to that would enjoy/use/keep it so why not live here tax free and let the property pay it’s own taxes when we’re gone?
Aha ... makes sense.
Thx!!
I do not know if other states enjoy this provision.
I know that other states have fought the battle of escalating real estate prices, where the average citizen becomes priced out of their homes as others (Californians *cough*) buy up property. See Western Colorado back in the late 80’s.
Across Texas, look at property values and their growth over the last 40+ years. One used to be able to buy property 10 miles out of town and live their for decades until the cities grew up around it. Now it seems to be 50 - 100 miles away from a big city.
But if there is a FReeper that might enjoy this Legal provision - maybe FReep-a-thons wouldn’t last 90 days each quarter.
If one has a large spread, the counties already break up your property into two parcels - the homestead and the rest, often already in an AG exemption.
And with a surviving spouse that is 10 years younger able to qualify, I suspect that this is why our local county tax office doesn’t advertise this deferral.
For some unknown reason I never asked to be on your ping list!! Please sign me up as a guy late to the party
“”Gov Abbott recently signed into law tax abatement’s that will help, but there may still be some that need this deferal.””
Isn’t there another crucial vote this November on property tax relief? Do you have any information on that impending legislation to add to this thread? Thanks.
I live in one county but the school district I’m in is based in another county.
So does “The chief appraiser shall notify each taxing unit participating in the district of the filing” mean I only have to file once or not?
That’s common, especially around major cities.
I would file with both of them.
County officials like to find excuses for not granting anything other than homesteads.
There are several, all scattered throughout the ballot.
Props 5 - 11, and Prop 13 - all have the potential to reduce taxes for a group.
This is all the more reason when our Elites choose to claim multiple exemptions, for which they are not due, hurts the average citizen that may not earn in a lifetime of work, what they earn in a year.
Seriously, lawyers and Fed chairs claiming that they did not know the law?
Disingenuous and lying, they are.
“”There are several, all scattered throughout the ballot.
Props 5 - 11, and Prop 13 - all have the potential to reduce taxes for a group.””
Ok, thanks. These are the main two that I was thinking about.
Prop 11
Proposition 11: Increases the property tax exemption for elderly or disabled Texans by school districts.
“Proposing a constitutional amendment authorizing the legislature to increase the amount of the exemption from ad valorem taxation by a school district of the market value of the residence homestead of a person who is elderly or disabled.”
https://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=89R&Bill=SJR85
Prop 13
Proposition 13: Raises the school district homestead exemption from $100,000 to $140,000.
“Proposing a constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district.”
https://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=89R&Bill=SJR2
***
“The taxes accumulate annually and the balance due collects 5% interest during this time.”
so the State makes a loan of the taxes due every year, charging compound interest on the accumulated balance ... a lot like a reverse mortgage ...
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