An individual is entitled to defer collection of a tax on their homestead property if they are 65 years of age or older or disabled (as defined by Section 11.13(m) of the Texas Property Tax Code). The individual must own the property and occupy the property as a residence homestead.
Before filing a deferral, here are some facts you should consider:
- If you currently have a mortgage company, you should contact them to make sure they will honor the tax deferral. Not all mortgage companies honor tax deferrals because they may require that taxes be paid in full each year.
- A tax lien will remain on the property. Interest will accrue at 8% per year before January 1, 2018 and 5% per year on or after January 1, 2018. until the tax is paid in full. Delinquent penalties, interest, or attorney fees that are imposed on the property prior to filing the deferral affidavit will remain due on the property. Deferred property taxes that remain unpaid will appear as delinquent taxes to the public. Delinquent penalties, interest, or attorney fees that are imposed on the property prior to filing the deferral affidavit will remain due on the property.
- Individuals should be aware that deferral status changes immediately upon the sale or change of ownership. On the 181st day after the deferred status changes, all standard penalty, interest, and attorney fees will be due for all years.
Filing
To obtain a tax deferral, an individual must file the tax deferral affidavit with the appraisal district of the county they reside in.
Please refer to What is A Property Tax Deferral information sheet (PDF) to learn how a property tax deferral may affect you.
