Principal Residence Exemption Affidavit for the United States

Principal Residence Exemption Affidavit Template for United States

A Principal Residence Exemption Affidavit is a legal document used in the United States to claim property tax benefits for a primary residence. This document allows property owners to receive tax benefits by declaring under oath that a specific property serves as their principal residence. The requirements and benefits vary by state and local jurisdiction, but generally result in reduced property tax obligations. The affidavit must typically be filed with local tax authorities and requires notarization.

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Principal Residence Exemption Affidavit

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What is a Principal Residence Exemption Affidavit?

The Principal Residence Exemption Affidavit is a crucial document for homeowners seeking to reduce their property tax burden. This affidavit serves as an official declaration that a property is the owner's primary residence, enabling them to qualify for significant tax benefits under state and local laws. The document must include specific information about the property, owner identification, occupancy details, and a sworn statement confirming single-claim status. It's typically required when purchasing a new home, changing primary residence, or annually in some jurisdictions to maintain the tax benefit.

What sections should be included in a Principal Residence Exemption Affidavit?

1. Affiant Information: Legal name and contact information of person making the claim

2. Property Information: Legal description and address of the property

3. Occupancy Declaration: Statement confirming primary residence status

4. Single Claim Certification: Declaration that no other PRE is being claimed

5. Signature and Notarization: Legal attestation of truthfulness

What sections are optional to include in a Principal Residence Exemption Affidavit?

1. Previous Residence Information: Details of prior residence if recently moved - used when property was recently acquired

2. Partial Year Claim: Specific dates for partial year occupancy - used when claiming exemption for part of tax year

3. Co-owner Information: Details of additional property owners - used when property has multiple owners

What schedules should be included in a Principal Residence Exemption Affidavit?

1. Property Deed Copy: Supporting documentation of ownership

2. Prior Year Tax Records: Previous property tax documentation if relevant

3. Identification Documentation: Proof of identity (driver's license, state ID)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

IRC Section 121: Federal Internal Revenue Code Section 121 governing capital gains exclusion for primary residences

Fair Housing Act: Federal legislation ensuring equal housing opportunities and preventing discrimination in property transactions

State Property Tax Laws: State-specific legislation governing property taxation and Principal Residence Exemption requirements

State Tax Code: Comprehensive state-level tax regulations affecting residential property taxation

State Homestead Laws: State legislation governing homestead exemptions and protections for primary residences

Property Assessment Regulations: State guidelines for assessing property values and determining tax bases

Local Tax Assessor Requirements: County and municipal requirements for property tax assessment and exemption claims

Local Zoning Ordinances: Municipal regulations governing property use and classification

Property Classification Rules: Local guidelines for classifying properties as primary residences versus other uses

Ownership Verification Requirements: Documentation and proof requirements for establishing property ownership

Occupancy Requirements: Rules governing minimum occupancy standards for principal residence classification

Duration of Residence Rules: Regulations specifying required length of occupancy for PRE qualification

Single-claim Certification: Requirements ensuring PRE is only claimed on one property at a time

False Statement Penalties: Legal consequences and penalties for making false declarations on PRE affidavits

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