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Taxpayer Bill of Rights

The Taxpayer Bill of Rights (TABOR) is a concept advocated by conservative and free market libertarian groups, mainly in the United States, as a way to limit the growth of government. It requires that increases in overall tax revenue be tied to inflation and population increases unless larger increases are approved by voters. Below are some of the most commonly asked questions about Taxpayers Bill of Rights answered by the Experts.

How could a person in Florida reduce their yearly property taxes on their home?

In most cases Florida property tax is based on the assessed valuation of the property. Assessments are done annually by a local appraiser and increases are limited to the littlest of 3% or the change in the consumer price index as long as the original owner’s homestead exemption is still in effect. The individual would qualify for the homestead exemption of $25,000 if the property is used as a principal residence. There are several other exemptions for which they may qualify, including exemptions available for being a widower, for being disabled, or for being over 65 years old.

If a company that an individual worked for filed their 1099 in the wrong state, thus creating a tax lien against them, how long should it take the Franchise Tax Board (FTB) to withdraw the lean, and are withdrawn liens removed from credit reports?

In some cases when a tax lien is filed in error the Internal Revenue Service (IRS) will issue a release within seven working days after determining that the lien was issued in error. A person may request that a notice of error be sent to the credit reporting companies in the county where the lien was filed.

If an individual lives in Florida and pays reduced property tax and wants to transfer the property to another family member, is there any way this individual can pass this property to the current benefits without creating a rate increase?

Typically in Florida property tax is based on the assessed value of the property. These types of increases are limited to the lowest of 3% of the change in the consumer price only if the original owner’s homestead is still in effect. However the base assessment would be updated to current market value on a change in ownership. The changes that do not trigger re-evaluation include; if the transfer of title is to correct an error; or if the transfer is between legal and equitable title; if the transfer is between husband and wife, including the transfer to a surviving spouse or due to a dissolution of marriage; or upon the death of the owner, if the transfer is between the owner and another who is a permanent resident and is legally or naturally dependent upon the owner. Unless the person meets one of the mandated exceptions, such as being a widower, being disabled, or being over 65 years old. The assessed property value will be required by law to change, no matter whether a trust or other entity is used since such an entity would constitute a change in ownership. Once the new owner moves in to the property as a principal residence they would be eligible to claim the $25,000 homestead exemption.

Is the credit bureau required to remove negative information from a person’s report involving a federal tax lean that is fourteen years old and just recently released?

In most cases the credit bureau is required to remove an extinguished federal tax lien. Under the Taxpayer’s Bill of Rights a person is entitled to a certificate of release, which they would then mail photocopies to the three credit bureaus- Experian, Trans Union, and Equifax. This should be done in writing via certified mail with a return receipt requested and copies retained for the individual’s records.

If a person is deeded a property, and is planning to move in and make it their primary residence. Would their property taxes remain the same since this is not a sale?

Typically the base assessment would be updated to current market value on a change in ownership. Once the person moves into the property as a primary residence they could establish a homestead exemption although it will be based on a higher assessed valuation. Contacting the local assessor would be advised before penalties are accrued and the property is subject to a lien.

The Taxpayer Bill of Rights is a result of numerous complaints to Congress about abusive behavior by IRS Agents. It is also the product of hard work and courageous effort by numerous people and organizations. This subject can supply insight to just a few of the problems facing today’s taxpayer, however it can also open a large variety of questions that need to be answered by the Experts.
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