Q. We have owned a home on Long Island, NY for 50 years and also have owned a condo in Florida for about 20 years. We pay full real estate taxes on the condo and wonder if there is a way to apply for homestead? Our Florida taxes are $1,600 and our full-time neighbors pay only $300. If we were to make Florida our permanent residence, how would this affect our New York residence as far as real estate taxes go and also the $500,000 tax exemption if we were to sell the New York residence? Would greatly appreciate an answer to this perplexing question.
A. To qualify for homestead, you must become permanent Florida residents and live in your condo. The recommended procedure: Get a Florida driver's license, register your cars in Florida and register to vote at your condo's address. Then go to the property appraiser's office in your county in person before March 1 to apply for homestead exemption for 2007. Your property taxes will NOT be rolled back to the level of your neighbor's. However, you will be eligible for a $25,000 homestead exemption in 2007 and the following year you'll get the benefit of Save Our Homes' limit of 3 percent annual increases in your assessment.
Regardless of the homestead status of your Florida condo, you can get the benefit of the capital gains exclusion on your New York home IF you have lived in it and owned it at least two of the five years preceding the sale. This ownership can be added up in increments - five months per year for five years equals 25 months and meets the two-year test. Once you use the exclusion, you must wait two years before using it again.
However, New York probably will not give up its claim on you as New York residents as long as you keep your home on Long Island. Thus you will be expected to pay whatever taxes New York residents are required to pay. Any other questions about that would be addressed best by a New York tax adviser.
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