Empowering Family Futures
APEXFREEDOM FUND

Ag Exemption Land

Selling Texas land with an ag exemption? We pay cash.

Many owners worry that selling their land will set off a big rollback tax bill. Here's how the Texas rules actually work, and how we handle it in writing before you sign.

  • We pay cash
  • No agent commission
  • Sell it as-is
  • A written offer, no obligation
  • You pick the closing date

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What to know

How it usually works

What most people call an "ag exemption" is really a special agricultural (open-space or 1-d-1) appraisal: the land is taxed on what it produces, not its market value. Under Texas Tax Code 23.55, a rollback tax is due when the land's use changes from agriculture to something else. It equals the difference between the taxes paid and the taxes that would have been paid at market value for the three years before the change. According to the Texas Comptroller, selling the land does not by itself trigger a rollback on 1-d-1 land; changing its use does. Since 2021, no interest is added to the rollback itself unless the bill goes unpaid past its due date.

  1. Find out how your land is appraised. Your county appraisal district's website shows whether the land has agricultural appraisal and how much it saves you each year.
  2. Tell us how the land is used today. Grazing, hay, crops, timber or wildlife management. The type of use matters for whether a buyer can keep the valuation.
  3. Get a written cash offer that covers the rollback. We'll tell you in writing whether we plan to keep the land in ag use and who pays any rollback tax if the use changes.
  4. Close at a licensed title company. This year's taxes are normally split at closing based on the date. The contract spells out the rest.

Is the government or a utility taking part of your ag land? Under Texas Tax Code 23.55(f), the rollback tax does not apply when the change of use comes from a condemnation or a sale for right-of-way. Our affiliated company, National ROW, explains rollback taxes in a Texas condemnation.

Questions

Common questions

Does selling my land trigger rollback taxes?

Not by itself, for land with 1-d-1 open-space appraisal. Under Texas Tax Code 23.55, the rollback is triggered when the use changes, for example when the land stops being used for agriculture. If the use changes around the time of a sale, the buyer and seller usually agree in the contract who pays.

How much is the rollback tax?

It's the difference between the taxes actually paid and what would have been paid at market value, for each of the three years before the change of use. Since 2021, there's no interest on the rollback itself unless the bill becomes delinquent.

Does the buyer keep my ag valuation?

Only if the land keeps qualifying. Appraisal districts usually ask a new owner to file their own application, and the land has to stay in a qualifying use.

Is it really an exemption?

Not technically. It's a special appraisal that values the land on its agricultural use. People call it an ag exemption because it lowers the tax bill.

This page is general information, not legal or tax advice. Every family and every property is different. For your situation, talk to a Texas attorney. Apex Freedom Fund buys land; we are not attorneys and we don’t represent sellers.

Other situations we buy in

Where we buy

We buy land all over Texas, with a focus on these areas: Houston & Gulf Coast · DFW & North Texas · Austin–San Antonio · Central Texas I-35 · Lubbock & South Plains · West Texas & Permian Basin · South Texas & the Valley.

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