NOTICE: Proposal 7 concerns surviving spouses – Orange Leader

0

Proposition 7 (HJR 125): “The constitutional amendment allowing the surviving spouse of a person with a disability to receive a limitation on ad valorem taxes from the school district on the homestead of the spouse’s residence if the spouse is 55 years of age or older at the time of the person’s death . “

Rep. Jake Ellzey (R) had this to say about the amendment: “The surviving spouse of a disabled homeowner should not be faced with a large and unexpected increase in their tax bill. This only amplifies the tragedy of losing their spouse and if they have a fixed income it makes their hardship even worse. If a couple has a disability exemption for their homestead, when the disabled person dies, the surviving spouse loses the exemption. HJR125 protects the surviving spouse from the loss of a material benefit, ”according to reformaustin.org

A “yes” vote supports amending the state’s constitution to allow the surviving spouse of a disabled person to maintain a property tax limit on homestead if the spouse is 55 years of age or older at the time of death and remains in the family property.

A “no” vote opposes amending the state constitution to allow the surviving spouse of a disabled person to maintain a property tax limit on homestead if the spouse is 55 or older at the time. of the death and remains in the family property, according to ballotpedia.org

This would allow the surviving spouse of a person with a disability to maintain a property tax cap on homestead if the spouse is 55 years of age or older at the time of death and remains on the homestead. The amendment would also add a temporary provision that would refund taxes to the spouses of a deceased disabled person for the 2020 and 2021 tax years that exceed the amount that should have been paid with the tax limit.

Currently, people with disabilities can claim a property tax exemption of $ 10,000 and a school district property tax limit. In order to qualify for the disability tax exemption and limit, the person must also be eligible for disability benefits under the Federal Old Age, Survivors and Disability Insurance program administered by the Social Security Administration. Property taxes on the residence of a disabled person or their surviving spouse do not increase from the year the person qualifies for the exemption and the tax cap.

The temporary provision would expire on January 1, 2023.

TEMPORARY PROVISION.

(a) The amendments made to the law by section 1, chapter 1284 (HB 1313), Acts of the 86th legislature, ordinary session, 2019, are validated.

(b) A measure taken by a tax official based on Section 1, Chapter 1284 (HB 1313), Acts of the 86th Legislature, Ordinary Session, 2019, is validated.

(c) A collector who collected ad valorem taxes from the school district of a surviving spouse who by law as amended by Section 1, Chapter 1284 (HB 1313), Acts of the 86th Legislature, Ordinary Session , 2019, was entitled to receive a limitation of school district taxes on the homestead property of the spouse’s residence shall calculate the school district taxes that should have been imposed for the 2020 and 2021 tax years taking into account the change in law provided by this law and, if the taxes collected by the collector for these taxation years exceed the taxes which should have been imposed according to the calculation provided for in this paragraph, the collector shall reimburse the surviving spouse the difference between the taxes collected and the taxes which should have been imposed according to the calculation provided for in this paragraph.

(d) AAC This temporary provision expires on January 1, 2023.


Source link

Share.

Leave A Reply