Q: What is portability?
A: Since 1994, property owners who have Homestead Exemption have had increases
in their annual assessments capped at a maximum of 3% or the Consumer Price
Index, whichever is lower. This Assessment Limitation, known as Save Our Homes
Exempt Value has resulted in significant tax savings to homeowners. The value
of the cap is the difference between the market value of the property and the
assessment limitation resulting in Save Our Homes. Under the Portability provision
of the new law, homeowners can now transfer (port) up to $500,000 of the accumulated
savings to their next homesteaded property.
Q: When did Portability go into effect?
A: Portability went into effect for the 2008 tax year.
Q: Will I be able to transfer my entire Save Our Homes (SOH) exempt value
from my previous home to my new home?
A: Portability allows for the transfer of up to $500,000 of SOH exempt value.
If the new residence has a higher market value than the previous residence,
as determined by the property appraiser, then all of the SOH exempt value up
to $500,000 may be transferred. If the new residence has a lower market value
than the previous residence, a percentage of your SOH may be transferred.
Q: Do I have to sell my home before I can qualify for portability?
A: No, you only need to abandon your existing homestead, meaning you may still
own the property but no longer receive a homestead exemption on the property
for the year you are attempting to get portability.
Q: When and how do I apply for portability?
A: You apply for portability when you apply for the homestead exemption on your
new property. There is a separate application for portability in addition to
the homestead application.
Q: What information is required when applying for portability?
A: Required information on this form includes the date that the previous homestead
was sold or no longer used as a homestead, the address and parcel identification
number of the previous homestead, a list of all other owners of the previous
homestead and if any still live at the previous homestead.
Q: Can I also apply for additional exemptions such as widow/widowers, disability
or senior exemption if I have portability?
A: Yes. You still can apply and receive any additional exemption for which you
are qualified.
Q: How is the Save Our Homes exempt value calculated?
A: The amount of the SOH exempt value is the difference between your market
value and your assessed value. The amount of the SOH exempt value can vary from
year to year depending on the yearly market value of your property.
Q: What information will the property appraiser in the county where the
new homestead is located rely on to calculate and grant portability?
A: Certified market and assessed values of the new and previous homesteaded
properties are used to determine portability amounts.
Q: How do I know how much SOH Exempt Value I have to transfer or carry to
my new homestead?
A: The amount of the SOH Exempt Value you can carry to your new homestead depends
on whether you buy a higher valued property or buy a lower valued property.
The exact amount will be determined after you file for homestead on your new
residence.
Q: If I had homestead on my previous property as of January 1, 2023 and
sold the homestead in 2023, how long do I have to qualify for portability?
A: The amendment states that the SOH exempt value must be transferred within
three tax years. In this instance, you must file and qualify by the 2026 tax
year for the homestead exemption (own and occupy as of January 1, 2026) in order
to transfer all or part of the 2023 SOH exempt value.
Q: I sold my home last year and just found out that my SOH Exempt Value
was less than I thought it would be. Can I appeal last year's value to increase
my SOH Exempt Value amount?
A: No, Florida Statute 194.011(6)(b) specifically precludes a taxpayer from
petitioning to have the Market, Assessed, or Taxable value of the previous homestead
changed.
Q: Do I have to purchase a new property to get the Portability benefit?
A: No. You can transfer the SOH exempt value to another property you purchased
in a previous year.
Q: I have filed and qualified for a 2024 homestead exemption and see that
the 2023 SOH exempt value from my previous homestead is less than the 2022 SOH
exempt value. Do I get to choose which SOH amount to port to the new homestead?
And why is it less in 2023?
A: No, the most recent SOH amount will be transferred. The SOH amount is the
difference between the market value and the assessed value. So if the market
value decreased and the assessed value increased 3% through the recapture provision
in the Florida Constitution, the difference between the two values will be reduced.
Q: My fiancé and I are purchasing a home together and we both have separate
homesteads now. Can we use Portability to bring both of our SOH exempt value
amounts to our new home?
A: The new legislation allows you to bring the higher of the two SOH exempt
value amounts, but not both. You should both file a portability application
and our office will determine which amount is higher.
Q: Is there any difference in applying portability provisions for homestead
(either current or previous) when the property is held as joint tenants with
right of survivorship, tenants in entirety (husband & wife) or tenants in common?
A: Yes. In situations where the title of the previous homestead contains specific
ownership shares (tenants in common), each owner's share of the SOH exempt value
is proportional to his/her ownership share in the property. When the title does
not contain specific ownership shares (joint tenants or tenants in entirety),
the SOH exempt value is divided equally by the number of owners who received
the homestead exemption on the property. The only exception is when all the
owners of the previous homestead jointly establish a new homestead with no additional
owners, in which case the entire SOH exempt value, up to a maximum of $500,000,
may be transferred, subject to a higher or lower market value of the new property.
Q: I am newly married and my spouse is moving into my existing homesteaded
property. He has a larger SOH exempt value amount on his former residence than
I do on my present one. Can he bring his SOH exempt value to my homestead?
A: If he is on title on your parcel (part-owner) and he applies for and receives
homestead, he can bring his SOH exempt value amount with him, but you would
have to abandon your homestead and re-apply. This would essentially replace
your existing SOH exempt value with his higher SOH exempt value amount.
Q: The previous home was in the wife's name and the new residence is owned
by both husband and wife, do they qualify for portability?
A: Yes, the amendment requires that the owner of the previous homesteaded property
also own the new homesteaded property.
Q: I owned a property with my ex-husband. I was awarded the house in the
divorce. I sold it and purchased a new home that I will homestead. My ex-husband
also purchased a new home that he will homestead. Since I was awarded the house
in the divorce, is my ex-husband entitled to any of the former SOH exempt value?
And, how will the portability amount be split or divided between our new homesteads?
A: The new legislation requires that the portability amount be divided equally
among the owners of the prior homesteaded property. Your husband would be entitled
to half of the SOH exempt value from the former residence. Timing could be an
issue, contact our office for clarification.
Q: Is there any provision of law that would allow the transfer of a homestead
assessment limitation difference when one or more owners remain in the previous
homestead?
A: Yes. Florida Statute allows an owner of a homestead to abandon the homestead
and reestablish the property as a new homestead even though it remains his or
her primary residence by notifying the property appraiser of the county where
the homestead is located. This provision allows owners who no longer live at
the previous homestead to transfer their share of SOH exempt value and for the
owners who remain in the previous homestead to transfer back in their share
of the SOH exempt value as the next January 1, if the owner still residing at
the previous homestead voluntarily abandons the homestead. If this occurs, the
previous homestead must be reassessed at full market value on January 1 and
the owner remaining must reapply for homestead exemption and apply to for their
share of the SOH exempt value to be reapplied to the homestead.
Q: If two people abandon a jointly owned homestead with an SOH exempt value
greater than $500,000 and move to two separate homesteads, can they transfer
their proportionate share of the previous SOH exempt value as long as their
individual share in not greater than $500,000?
A: No. The total reduction in market value for all new homesteads established
by the owners of a single previous homestead may not exceed $500,000. Therefore,
the maximum SOH exempt value that could be transferred by two previous joint
owners of a single homestead establishing different homesteads is $250,000 each.
Q: If the previous homestead is qualified for both a homestead exemption
and an agricultural classified use assessment, how is the amount of transfer
to be calculated?
A: The amount eligible for transfer is equal to the reduction in value due to
the SOH exempt value. Therefore, the difference eligible for transfer is equal
to the difference between market and assessed value on the homestead portion
of the property.
Examples of Portability Calculations