What is a 1-d-1 Appraisal in Texas?
A 1-d-1 Appraisal is Also Known as an Ag Exemption
Most Texas landowners are familiar with the provision in the Texas Property Code dealing with agricultural appraisal of Texas land. Article VIII, Section 1-d-1, Texas Constitution, and Chapter 23, Subchapter D, Texas Property Tax Code, provides for appraisal of open-space land. Under this provision Texas farmers and ranchers can be granted property tax relief on their land. Commonly known as an “ag exemption” or “agricultural exemption” , the 1-d-1 appraisal is simply an appraisal method that differs from appraisal methods used for residential, commercial, or other property types which typically use market value or capitalization rate for a specific type of business. As you can see, an ag exemption isn’t actually an exemption of paying tax, just a different type of appraisal method used on a property.
The Texas Constitution authorizes two types of agricultural productivity appraisals, 1-d- 1 and 1-d, named after the section in which they were authorized. Texas land can qualify for a special appraisal (1-d-1 appraisal) if it is has been (1) used for agricultural for five of the preceding seven years and is currently devoted principally to agricultural use as defined by statute, (2) used to protect federally listed endangered species under a federal permit, or (3) used for conservation or restitution projects under certain federal and state statutes. The land must also be used for agriculture to the degree of intensity generally accepted in the area. The value of the land is based on the annual net income from a typical lease arrangement that would have been earned from the land during the five-year period preceding the year before the date of appraisal by an owner using ordinary prudence in the management of the land and the farm crops and livestock produced or supported on the land, including income received from hunting or recreational leases. Most land owners apply for the 1-d-1 appraisal.
Under 1-d appraisal, the land must have been used for this purpose at least three years and the owner must be an individual versus a corporation, partnership, agency or organization. The land must also be the owner’s primary source of income.
Penalties in the form of a rollback tax, or the difference between the taxes paid under productivity appraisal and the taxes that would have been paid if the land had been put on the tax roll at market value, will be imposed if qualified land is taken out of agriculture or timber production.
A rollback tax occurs when a land owner switches the land’s use to non-agricultural. These rollback taxes under 1-d-1 are based on the five tax years preceding the year of change. Under 1-d appraisal, the rollback extends back for three years.
Texas law allows farmers and ranchers to use land for wildlife management and still receive the special appraisal, but the land must be qualified for agriculture use in the preceding year. Land under wildlife management must also meet acreage size requirements and special use qualifications. Also read about Beekeeping and Wildlife Exemptions.
The deadline to apply for productivity appraisal is April 30. If the last day for the performance of an act is a Saturday, Sunday or legal state or national holiday, the act is timely if performed on the next regular business day. Owners of land qualified as 1-d must file a new application every year. Owners of land qualified as 1-d-1 need not file again in later years unless the chief appraiser requests a new application.