How are property taxes prorated at closing when selling my home? - Florida
The Short Answer
In Florida home sales, property taxes are commonly prorated at closing so the seller pays for the portion of the tax year they owned the property and the buyer pays for the portion after closing. How that proration is calculated (and how it is split between co-owners on the seller side) is usually controlled by the contract and the closing statement, not a single universal formula.
What Florida Law Says
Florida law recognizes that property taxes can change after a sale and that buyers should not assume the seller’s current tax bill will be the buyer’s future tax bill. In practice, this is why closings often include a tax proration or credit based on available tax information, even though the actual bill may be issued later and may differ after reassessment.
The Statute
The primary law governing this issue is Fla. Stat. § 689.261.
This statute establishes that a buyer must receive a property tax disclosure summary warning that the buyer should not rely on the seller’s current property taxes because a change of ownership can trigger reassessment and higher taxes.
Why You Should Speak with an Attorney
While the statute provides the general rule that taxes may change after transfer, applying tax proration to your specific closing (especially with a co-owner and negotiated trade-offs) is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The tax disclosure must be presented at or before execution of the contract for sale, and missing it can create avoidable disputes during the transaction. See Fla. Stat. § 689.261.
- Burden of Proof: If there is later disagreement about who agreed to pay what (buyer vs. sellers, and seller vs. co-owner), the outcome often turns on what the contract, addenda, emails/texts, and the settlement statement actually say.
- Exceptions: The “right” proration can change depending on whether the parties used last year’s bill, current-year estimates, or another method—and reassessment after sale can make the numbers materially different, which is exactly the risk highlighted in the statutory disclosure.
Trying to handle this alone can lead to a poorly drafted agreement, unexpected deductions from proceeds, or a post-closing dispute between co-owners that costs more than the taxes at issue.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.