Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 45 - Homestead Exemption Regulations › Section 350-45-009 - HOMESTEAD EXEMPTION TRANSFER

Current through June 17, 2024
009.01 The owner of a homestead which has
				been granted an exemption provided in Neb. Rev. Stat. §§
									77-3507
				to
				77-3509 may
				transfer the exemption to a newly acquired homestead within the state, if the
				new homestead was acquired after January 1 and on or before August 14 of the
				year for which the exemption was claimed and the claimant occupies the new
				homestead on or before August 15 of that year. See, Application for Transfer of
				Nebraska Homestead Exemption, Form 458T. The claimant is not required to
				transfer ownership of the original homestead during the same time
				period.
009.02 The claimant must
				file a timely application on the original homestead and then must file an
				application for transfer with the county assessor of the county where the new
				homestead is located, on or before August 15 of that year. The transfer must be
				approved by the county assessor using the same criteria as previously applied
				to the original homestead and the claimant must meet the August 15 occupancy
				requirement. If the transfer is approved, the exemption, as applied to the
				original homestead, will be denied for that year.
009.03 For intercounty transfers, a copy of
				the approved request for transfer must be sent to the county assessor of the
				county where the former homestead was located, and another copy must be sent to
				the Department.
009.04 For
				intracounty transfers, the Department will process all applications received
				without regard to the transfer provisions. For the year during which the
				transfer occurred, the approved roster certified by the Tax Commissioner will
				contain the legal description of the original homestead as provided on the
				application.
009.05 The time of
				transfer is determined by the date the seller signs the deed or land contract.
				Upon appeal, a claimant may prove through documentation that title did pass on
				or before August 14 rather than the date stated on the deed, if the date on the
				deed is after August 14.
009.06 A
				claimant who has transferred ownership of the homestead, and mistakenly or
				inadvertently failed to retain a life estate or other interest in the property,
				may execute a corrective deed correcting the original transfer. If the county
				assessor has sent a denial notice, the claimant may appeal to the county board
				of equalization within 30 days after the mailing of the notice of denial. Upon
				the filing of a corrective deed, the claim for the homestead exemption will be
				allowed.
009.07 When a mobile home
				transfers from one county to another county, the claimant must timely file an
				application in the original county. The taxes must be accelerated and paid per
				Neb. Rev. Stat. §
									77-1725.01.
				The claimant then must file an application for transfer with the county
				assessor of the county where the mobile home has been moved on or before August
				15 of that year. A claim for refund of the accelerated taxes may be filed in
				the original county with approval subject to the Tax Commissioner's
				determination per REG-45-005.04. The tax loss may be claimed on the original
				county's summary certificate.