Tax Code Section 11.131: 100% Disabled Veteran Exemption Rules

Texas gives a complete property tax exemption on the homestead of a veteran rated 100 percent service-connected disabled by the U.S. Department of Veterans Affairs. The Texas 100 percent disabled veteran property tax exemption, set out in Tax Code Section 11.131, wipes out the tax bill in full across every taxing unit that reaches the property: school district, county, city, and any special districts.1State of Texas. Texas Code Tax Code 11.131 – Residence Homestead of 100 Percent or Totally Disabled Veteran No cap on home value, no partial relief, no annual re-up.

Who Qualifies

You qualify if the VA pays you compensation at the 100 percent rate for a service-connected disability under either of two classifications: a 100 percent disabled rating, or a determination of individual unemployability (IU).1State of Texas. Texas Code Tax Code 11.131 – Residence Homestead of 100 Percent or Totally Disabled Veteran IU is paid at the 100 percent rate when a service-connected condition prevents gainful employment. Both paths lead to the same full exemption.

The property has to be your residence homestead, meaning your principal residence. Rentals, vacation homes, and investment properties do not qualify. You can hold title directly or through a beneficial interest in a qualifying trust, so long as you actually live in the home as your principal residence.2State of Texas. Texas Code Tax Code 11.13 – Residence Homestead

What the Exemption Covers

Section 11.131 exempts the total appraised value of the homestead.1State of Texas. Texas Code Tax Code 11.131 – Residence Homestead of 100 Percent or Totally Disabled Veteran If the appraised value doubles over the next decade, the exemption rises with it. If a city or school district raises its rate, that doesn’t matter either. The bill still comes out to zero.

Once granted, the exemption stays in place as long as you own the home and live in it as your principal residence. There is no annual recertification. You do have to tell the appraisal district if things change: you move, you sell, or your VA rating is reduced.

How to Apply

Two documents do the work: a completed Form 50-114 (Application for Residence Homestead Exemption) and a current VA benefit verification letter stating your 100 percent rating or IU status.3Texas Comptroller of Public Accounts. Residence Homestead Exemption Application The VA letter is the piece the appraisal district relies on. If the letter doesn’t clearly show the rating or IU determination, expect a denial.

On the form, you’ll enter your full legal name, the property address, the date you began living there, and a Texas driver’s license or state ID number matching the property address. Check the box for a disabled veteran with a 100 percent rating. File with the central appraisal district in the county where the home sits, in person, by mail, or through the district’s online portal where one exists. If you mail it, send it certified so you have proof of delivery.

The general filing deadline is before May 1 of the tax year you’re claiming.4Texas Comptroller of Public Accounts. Property Tax Exemptions Processing times vary by county, running roughly four to twelve weeks.

Late Filing and Refunds

Missing May 1 isn’t fatal. Tax Code Section 11.439 requires the chief appraiser to accept a late application for the Section 11.131 exemption if it’s filed within five years after the delinquency date for the taxes on the property.5State of Texas. Texas Code Tax 11.439 – Late Application for Disabled Veteran Exemption That is a longer window than the two years allowed for most other homestead exemptions.6State of Texas. Texas Code Tax Code 11.431 – Late Application for Residence Homestead Exemption

When a late application is approved, the tax collector for each taxing unit must refund the overpaid taxes within 60 days.7Texas Comptroller of Public Accounts. Property Tax Payment Refunds A veteran who was wrongly denied or had the exemption canceled in error has an additional path: the chief appraiser can correct the appraisal roll at any time to fix that specific error, without the usual five-year lookback limit on clerical corrections.

Temporary Absences from the Home

A home keeps its homestead status through a temporary absence. For most owners, the absence must be under two years and they can’t establish a principal residence elsewhere in the meantime. Two groups get an open-ended exception: veterans on active military duty inside or outside the United States, and anyone residing in a facility providing health or aging-related services.2State of Texas. Texas Code Tax Code 11.13 – Residence Homestead That second exception matters for veterans who may spend extended time in VA medical or rehabilitation facilities.

If Your Disability Rating Changes

VA ratings aren’t always permanent. If the VA drops your rating below 100 percent or removes an IU determination, you no longer meet the Section 11.131 requirements, and you have to notify the appraisal district in writing. Continuing to accept the full exemption after a reduction can leave you on the hook for back taxes and penalties. Partial relief scaled to the disability percentage may still be available under Tax Code Section 11.22.

Surviving Spouse

If a qualifying veteran dies, the surviving spouse keeps the full Section 11.131 exemption on the same home as long as the spouse has not remarried and the home remains the spouse’s principal residence.1State of Texas. Texas Code Tax Code 11.131 – Residence Homestead of 100 Percent or Totally Disabled Veteran The spouse also qualifies if the veteran would have been eligible under Section 11.131 had the law been in effect at the time of death.

A surviving spouse who moves can carry a partial exemption to the new home under Section 11.131(d): a dollar amount equal to the exemption on the former home in the last year it was received. If the former home was appraised at $350,000 and the new home at $500,000, the spouse owes tax on the $150,000 difference. The non-remarriage rule still applies, and the spouse must file a new application with the appraisal district in the county of the new property.

If the District Denies You

A denial can be protested to the county’s Appraisal Review Board. Tax Code Section 41.41 lists the denial of an exemption as a protestable action, and the written denial notice should explain how to file.8State of Texas. Texas Code Tax 41.41 – Right to Protest Before Appraisal Review Board Bring your VA letter and any supporting records to the hearing. If the ARB rules against you, further appeal to district court or binding arbitration is available depending on the circumstances.

Veterans living in a home they inherited without a formal deed can still apply under heirs property rules. Expect to provide an ownership affidavit, the previous owner’s death certificate, a recent utility bill, and any court records tied to the ownership, plus signed affidavits from any other heirs living on the property.4Texas Comptroller of Public Accounts. Property Tax Exemptions

Penalties for False Claims

A fraudulent homestead application is a crime. Under Texas Penal Code Section 37.10, making a false entry in a governmental record or presenting a document known to be false is a Class A misdemeanor, carrying up to a year in jail and a fine of up to $4,000.9State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record If the false statement was made with intent to defraud or harm, the charge rises to a state jail felony. On top of criminal exposure, the appraisal district can recover the taxes that should have been paid, with penalties and interest.