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Questions & Answers


Q. How come I have never heard of this Homestead Tax Deferral before?
A. This tax code 33.06 was passed into law in 1979 with the help and the backing of AARP. Each year, the Comptroller of Public Accounts publishes a booklet titled "Taxpayers Rights, Remedies, and Responsibilities," which explains your rights. This booklet is available from your local tax office or the Comptroller of Public Accounts

Q. Do both spouses have to be age 65 or older to defer the property taxes on their homestead?
A. No. Only one of the spouses must be age 65 or older.

Q. Will I be charged any penalties?
A. According to the tax code 33.06 sub section D, "A penalty may not be imposed during a deferral period."

Q. Do my taxes have to be delinquent for me to qualify for this plan?
A. NO! Effective September 01, 2003 H. B. No. 3504 went into effect. Effective September 01, 2003 you may file your Over 65 Homestead Tax Deferral Affidavit form anytime.

Q. When I file my tax deferral affidavit, does this "freeze" the amount of my taxes?
A. No. You must file a separate request to freeze your school taxes. However, your city, county, and other property taxes may change each year. The deferral has no effect on any of the rates or the freezing of your school taxes.

Q. Where do I get the Over 65 Homestead Tax Deferral Affidavit form?
A. You can call your local county Appraisal District, get it online, or ask your authorized Texas Property TaxBack
TM Program agent.

Q. Do I have to take the Over 65 Homestead Tax Deferral Affidavit to the tax office, or can I mail it?
A. It is your choice. You can take it in or you can mail it. Please be sure that you take it or mail it to your county Appraisal Office.

Q. My house is still mortgaged. Will my mortgage company allow me to defer my property taxes?
A. In most cases, the mortgage company recognizes your right to defer your taxes. However, you should consult with your mortgage company regarding their policy prior to deferring your taxes.

Q. When should I file my Homestead Tax Deferral Affidavit?
A. You may defer your property tax at any time after the age of 65.

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