Real Property Tax Deferral Agreement

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Real Property Tax Deferral Agreement

A Real Property Tax Deferral Agreement is a legal arrangement that allows property owners to defer the payment of property taxes on their real estate for a specified period. This agreement is typically designed for individuals who may be experiencing financial hardship or who are elderly, allowing them to delay tax payments until a later date, often until the property is sold, transferred, or the owner passes away.

The key features of a Real Property Tax Deferral Agreement include:

  1. Eligibility Requirements: Most jurisdictions establish criteria that must be met to qualify for a tax deferral, which may include age restrictions, income limits, and the type of property owned.

  2. Deferral Terms: The agreement outlines how long property taxes can be deferred. This period usually continues until the property is sold, the owner no longer qualifies, or the owner dies.

  3. Interest and Penalties: While the property owner can delay tax payments, interest may accrue on the deferred amount, and penalties for non-payment may apply if the terms of the agreement are not adhered to.

  4. Repayment Conditions: Upon termination of the agreement, the property owner must pay back the deferred taxes, including any accrued interest, which often occurs during the sale or transfer of the property.

For example, an elderly homeowner may enter into a Real Property Tax Deferral Agreement to avoid the immediate financial burden of property taxes. Instead of making annual tax payments, the homeowner can defer these taxes, allowing them to manage their cash flow better. When the homeowner sells the property, the deferred taxes, plus any interest, will be paid from the proceeds of the sale.

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