Agricultural Use Tax Exemptions

   / Agricultural Use Tax Exemptions #1  

CarlGlas

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2005 MF GC2300
As cited in the Texas Constitution

Sec. 1-d. Assessment of Lands Designated for Agricultural Use.

(a) All land owned by natural persons which is designated for agricultural use in accordance with the provisions of this Section shall be assessed for all tax purposes on the consideration of only those factors relative to such agricultural use. "Agricultural use" means the raising of livestock or growing of crops, fruit, flowers, and other products of the soil under natural conditions as a business venture for profit, which business is the primary occupation and source of income of the owner.

(b) For each assessment year the owner wishes to qualify his land under provisions of this Section as designated for agricultural use he shall file with the local tax assessor a sworn statement in writing describing the use to which the land is devoted.

(c) Upon receipt of the sworn statement in writing the local tax assessor shall determine whether or not such land qualifies for the designation as to agricultural use as defined herein and in the event it so qualifies he shall designate such land as being for agricultural use and assess the land accordingly.

(d) Such local tax assessor may inspect the land and require such evidence of use and source of income as may be necessary or useful in determining whether or not the agricultural use provision of this article applies.

(e) No land may qualify for the designation provided for in this Act unless for at least three (3) successive years immediately preceding the assessment date the land has been devoted exclusively for agricultural use, or unless the land has been continuously developed for agriculture during such time.

(f) Each year during which the land is designated for agricultural use, the local tax assessor shall note on his records the valuation which would have been made had the land not qualified for such designation under this Section. If designated land is subsequently diverted to a purpose other than that of agricultural use, or is sold, the land shall be subject to an additional tax. The additional tax shall equal the difference between taxes paid or payable, hereunder, and the amount of tax payable for the preceding three years had the land been otherwise assessed. Until paid, there shall be a lien for additional taxes and interest on land assessed under the provisions of this Section.

(g) The valuation and assessment of any minerals or subsurface rights to minerals shall not come within the provisions of this Section.

Sec. 19. Farm Products, Livestock, Poultry, and Family Supplies; Exemption.

Farm products, livestock, and poultry in the hands of the producer, and family supplies for home and farm use, are exempt from all taxation until otherwise directed by a two-thirds vote of all the members elect to both houses of the Legislature.

Sec. 19a. Implements of Husbandry; Exemption.

Implements of husbandry that are used in the production of farm or ranch products are exempt from ad valorem taxation.
 
   / Agricultural Use Tax Exemptions
  • Thread Starter
#2  
As cited in the Texas Constitution

Sec. 1-d. Assessment of Lands Designated for Agricultural Use.

(a) All land owned by natural persons which is designated for agricultural use in accordance with the provisions of this Section shall be assessed for all tax purposes on the consideration of only those factors relative to such agricultural use. "Agricultural use" means the raising of livestock or growing of crops, fruit, flowers, and other products of the soil under natural conditions as a business venture for profit, which business is the primary occupation and source of income of the owner.

(b) For each assessment year the owner wishes to qualify his land under provisions of this Section as designated for agricultural use he shall file with the local tax assessor a sworn statement in writing describing the use to which the land is devoted.

(c) Upon receipt of the sworn statement in writing the local tax assessor shall determine whether or not such land qualifies for the designation as to agricultural use as defined herein and in the event it so qualifies he shall designate such land as being for agricultural use and assess the land accordingly.

(d) Such local tax assessor may inspect the land and require such evidence of use and source of income as may be necessary or useful in determining whether or not the agricultural use provision of this article applies.

(e) No land may qualify for the designation provided for in this Act unless for at least three (3) successive years immediately preceding the assessment date the land has been devoted exclusively for agricultural use, or unless the land has been continuously developed for agriculture during such time.

(f) Each year during which the land is designated for agricultural use, the local tax assessor shall note on his records the valuation which would have been made had the land not qualified for such designation under this Section. If designated land is subsequently diverted to a purpose other than that of agricultural use, or is sold, the land shall be subject to an additional tax. The additional tax shall equal the difference between taxes paid or payable, hereunder, and the amount of tax payable for the preceding three years had the land been otherwise assessed. Until paid, there shall be a lien for additional taxes and interest on land assessed under the provisions of this Section.

(g) The valuation and assessment of any minerals or subsurface rights to minerals shall not come within the provisions of this Section.

Sec. 19. Farm Products, Livestock, Poultry, and Family Supplies; Exemption.

Farm products, livestock, and poultry in the hands of the producer, and family supplies for home and farm use, are exempt from all taxation until otherwise directed by a two-thirds vote of all the members elect to both houses of the Legislature.

Sec. 19a. Implements of Husbandry; Exemption.

Implements of husbandry that are used in the production of farm or ranch products are exempt from ad valorem taxation.
 
   / Agricultural Use Tax Exemptions #3  
</font><font color="blue" class="small">( the local tax assessor shall determine whether or not such land qualifies )</font>

And there lies the "fly in the ointment". /forums/images/graemlins/laugh.gif When I first bought 10 acres out in the country, I talked to the local tax assessor. Of course things may have changed now, and I'll bet it's different in different counties, but at that time, he said having a dozen pecan trees on 10 acres and selling the pecans, and having a vegetable garden to sell the vegetables, and such things as that would NOT qualify, but if you had ONE cow on the property, you qualified. /forums/images/graemlins/laugh.gif
 
   / Agricultural Use Tax Exemptions #4  
</font><font color="blue" class="small">( the local tax assessor shall determine whether or not such land qualifies )</font>

And there lies the "fly in the ointment". /forums/images/graemlins/laugh.gif When I first bought 10 acres out in the country, I talked to the local tax assessor. Of course things may have changed now, and I'll bet it's different in different counties, but at that time, he said having a dozen pecan trees on 10 acres and selling the pecans, and having a vegetable garden to sell the vegetables, and such things as that would NOT qualify, but if you had ONE cow on the property, you qualified. /forums/images/graemlins/laugh.gif
 
   / Agricultural Use Tax Exemptions #5  
Here in TN, as relevant to this forum, there is a sales tax exemption for ag use. But, you have to be purchasing the product (tractor, implements, gas, whatever) principally and primarily for ag use. You sign and file a form with the seller and they keep it on file.

Ag use is describes as the production of ag products for the sale, use or consumption off the premises, and I believe there is some dollar ammount associated with that as well, but a smallish one.
 
   / Agricultural Use Tax Exemptions #6  
Here in TN, as relevant to this forum, there is a sales tax exemption for ag use. But, you have to be purchasing the product (tractor, implements, gas, whatever) principally and primarily for ag use. You sign and file a form with the seller and they keep it on file.

Ag use is describes as the production of ag products for the sale, use or consumption off the premises, and I believe there is some dollar ammount associated with that as well, but a smallish one.
 
   / Agricultural Use Tax Exemptions #7  
Yep, we have the same sales tax exemption, and I was a bit surprised to find that nearly any business, including Sears, has the forms.
 
   / Agricultural Use Tax Exemptions #8  
Yep, we have the same sales tax exemption, and I was a bit surprised to find that nearly any business, including Sears, has the forms.
 
   / Agricultural Use Tax Exemptions #9  
In the town I'm in in Conn you need to certify that you earned >$15,000 of income from your land to get the ag valuation for property taxes. You also need to keep it in ag use for 10 years or you owe the back taxes plus interest. As far as Sales Tax exemption goes you need to submit a Federal Tax Return Farm Income/Loss Schedule to the State Tax Agency. You need to either earn or spend in excess of $2500 to be issued a ag tax exempt certificate which needs to be shown to make tax exempt purchases.

Andy
 
   / Agricultural Use Tax Exemptions #10  
In the town I'm in in Conn you need to certify that you earned >$15,000 of income from your land to get the ag valuation for property taxes. You also need to keep it in ag use for 10 years or you owe the back taxes plus interest. As far as Sales Tax exemption goes you need to submit a Federal Tax Return Farm Income/Loss Schedule to the State Tax Agency. You need to either earn or spend in excess of $2500 to be issued a ag tax exempt certificate which needs to be shown to make tax exempt purchases.

Andy
 
 
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