Property Tax News

What is the Texas Circuit Breaker?

 

Posted on April 18, 2024

Written by Paul Pennington and Melinda Blackwell 

Read Time: 5 minutes

(Sec. 23.231. Circuit Breaker Limitation on Appraised Value of Real Property, Texas Property Tax Code)

Texans do not have an income tax, but they pay some of the highest property taxes in the country. This point is driven home by elected officials every legislative session. Each chance they get, they attempt to pass some sort of property tax relief to taxpayers, especially homeowners.

For example, in 2019 Texas Governor Greg Abbott signed into law Senate Bill 2. This Bill, among other things, limited the growth of tax rates for counties and cities to a maximum of 3.5% without a popular referendum. It also included $5.1 billion to buy down the school tax rates. During the subsequent 2021 session the Legislature passed various changes to the Texas Property Code including an increase to the homestead exemption for school taxes from $25,000 to $40,000. Moving into the 2023 legislative session, the Texas Comptroller told lawmakers they would have a historic budget surplus of $33 billion. Upon hearing this news, calls for property tax cuts were thrust into the forefront of priorities for the Governor and those in the legislature.

As the session began, the House and Senate produced their own plans. Both agreed to continue and increase the buy down of school tax rates, but each had their additional, competing tax reduction plans. The House plan included a 5% cap on all real property along with the buy down of school tax rates moving forward. The Senate plan proposed to raise the school homestead exemption from $40,000 to $100,000 with that amount increasing to $110,000 for homeowners aged over sixty-five.

The Texas legislature wrestled with these two opposing plans through the regular session and two special sessions. In the end, both the House and Senate agreed to spend $5.3 billion to increase homestead exemptions, make changes to Appraisal Review Boards, the Appraisal Districts’ Boards of Directors, allocate $12.6 billion to buy down school tax rates (by 10.7 cents) and to create a pilot program called the “Circuit Breaker.”

The new Texas “circuit breaker” applies a 20% taxable value cap placed on all real property with a value of $5 million or less, with exception for homesteaded properties, special appraisal land (1-d-1 appraisal), and business personal property accounts. Unlike the circuit breaker legislation in other states, the Texas version is not based on the taxpayer’s ability to pay their taxes, rather it is applied universally (with the exceptions noted). The biggest misconception about the new law is that it is applied to individual properties or economic units. Contrary to this belief, the law is applied to individual parcels. Therefore, one economic unit could be comprised of several accounts, some that could fall under the umbrella of the Circuit Breaker, and other accounts that will not enjoy that protection.

According to the Texas Comptroller’s Office, if the “circuit breaker” had been applied in the 2023 tax year, it would have impacted 84.1% of all multifamily, 94.96% of all commercial property, and 87.90% of all industrial parcels.  Now that 2024 value notices are being issued, Texas taxpayers will have questions about the mechanics and application of the “circuit breaker”.

A summary of the pertinent provisions of the statute is set forth below:
  • For the first year in place (2024), the provision only applies to real property with an appraised value of not more than $5 million.
  • For those properties, their value is capped at an increase of 20 percent. The value limitation is recalculated each year by the Comptroller’s Office based on the Consumer Price Index.
  • It does not apply to a residence homestead or agricultural special use properties or personal property.
  • New improvements are taxable and are not included in the calculation of the cap. A new improvement does not include repairs to or ordinary maintenance of an existing structure or the grounds or another feature of the property.
  • The capped value of a property is removed when the property sells. If the property qualifies, the new owner must re-establish the capped value.

  • In essence, starting with the 2024 tax year, this provision limits the amount of annual value increase to the appraised value of real property which was valued in 2023 at $5 million or less (excepting homesteads and special use type properties like agricultural land, timberland, recreational, park and scenic land, etc.).  For example, if a property was valued at $4 million in 2023, then this value is used to determine the capped value for the 2024 tax year. If the property’s market value for 2024 is increased to $5 million, the “circuit breaker” comes into play. The capped value is $4.8 million (20% of $4 million) and it is that value which is used to calculate the amount of taxes due (rather than the $5 million market value). The value cap does not “run” with the property. Once a property sells, the new owner does not get to retain the capped value already in place on the property. Rather, the new owner will have to establish a new cap on the property as of January 1 of the year following the first year of ownership (assuming the value of the property still qualifies). After the 2024 tax year, the Comptroller determines the value of property that qualifies for the “circuit breaker” protection. The calculation requires consideration of the consumer price index. The Comptroller is required to publish the qualifying value. Currently, the “circuit breaker” provision is set to expire at the end of 2026. However, the Legislature meets again in 2025. At that time, the Legislature could extend the date the “Circuit Breaker” ends beyond 2026 or simply allow it to expire.

    Related News

    How to Earn a CMI Designation in Sales Tax

    The Certified Member of the Institute (CMI) designation in Sales Tax is a prestigious certification offered by the Institute for Professionals in Taxation® (IPT). This designation is a mark of excellence, demonstrating a high level of expertise, professionalism, and ethical standards in the field of sales & use taxation. Earning the CMI - Sales Tax designation is a significant professional achievement and a testament to one's commitment to continued learning and excellence in the tax profession.

    This guide outlines the steps and requirements to earn the CMI designation in Sales Tax, highlighting the process from start to finish.

    Understanding the CMI Designation

    The CMI - Sales Tax designation is a symbol of proficiency in sales taxation and is recognized across the industry. It signifies that the holder has demonstrated an in-depth knowledge of sales and use tax concepts, laws, and practices. The designation also reflects a commitment to the ethical standards set forth by IPT.

    The CMI - Sales Tax designation is particularly valuable for professionals who wish to advance their careers in sales & use tax, including those working in corporate tax departments, law firms, or consulting practices. It provides a competitive edge, enhancing one's credibility and esteem.

    Prerequisites for Earning the CMI Designation

    Before applying for the CMI designation in Sales Tax, candidates must meet specific prerequisites set by IPT. These requirements ensure applicants have a solid foundation of experience and knowledge in the field.

    1. Membership with IPT
    The first requirement is to be a member in good standing with IPT. Membership provides access to many resources, including educational programs, networking opportunities, and industry updates.

    2. Relevant Experience
    Candidates must have a minimum of five years of professional experience in sales and use tax. This experience must be full-time and demonstrate a progression in responsibilities and complexity of work. IPT considers a broad range of experiences, including compliance, consulting, and management roles.

    3. Education

    Candidates must complete certain IPT sales tax schools and other educational programs. These programs are designed to build a solid foundation on the core topics and principles of sales & use tax and enhance the candidate’s knowledge of the latest industry trends and regulations.

    The CMI Application Process

    Once the prerequisites are met, candidates can begin the formal application process for the CMI - Sales Tax designation. This process involves several steps, each designed to assess the candidate's knowledge and experience.

    1. Application Submission
    Candidates must submit a comprehensive application that includes detailed information about their professional experience and education. The application must demonstrate that the candidate meets all the prerequisites and is prepared for the next stages of the certification process.

    2. References

    Candidates are required to provide professional references who can attest to their experience, expertise, and ethical standards in sales & use tax. These references should be individuals who have worked closely with the candidate and are familiar with their professional qualifications. References from other IPT members who hold an IPT designation are highly beneficial.

    3. Review by the CMI - Sales Tax Professional Designation Committee

    The application and references are reviewed by the CMI - Sales Tax Professional Designation Committee. This committee is composed of experienced professionals in the field of sales & use tax who are responsible for ensuring that candidates meet the high standards required for the CMI - Sales Tax designation.

    4. Approval to Sit for the CMI Examinations
    Once the application is reviewed and approved, candidates are granted permission to sit for the CMI - Sales Tax Examination. This approval is an important milestone in the certification process.

    Preparing for the CMI - Sales Tax Examinations

    The CMI - Sales Tax Examinations are rigorous tests of the candidate's knowledge and understanding of sales and use tax concepts, laws, and practices. To succeed, candidates must prepare thoroughly.

    1. Educational Programs

    IPT offers many educational programs designed to help candidates prepare for the examination. These programs include webinars, seminars, and courses that focus on key sales & use tax topics. Attending these programs can provide valuable insights and reinforce the candidate’s understanding of complex concepts.

    2. Study Materials

    IPT provides a study guide outline to help candidates prepare for the examination. This outline covers various topics, including sales & use tax principles, tax law, and a court case listing. Candidates are encouraged to review this outline and supplement their study with additional resources.

    Taking the CMI - Sales Tax Examinations

    The CMI - Sales Tax Examinations are the culmination of the certification process. They are designed to test the candidate's knowledge, analytical skills, and ability to apply sales tax principles in real-world scenarios.

    Written Exam:

    1. Exam Format
    The written examination is administered on a digital assessment platform, consisting of multiple-choice, true/false, short answer, and court case questions. The questions are designed to assess the candidate’s understanding of sales and use tax principles and laws, and the application of these principles in practical situations.

    2. Time Management
    The exam is time-limited, so candidates must manage their time effectively to ensure they can complete all test sections. It is important to practice answering questions under timed conditions during the preparation phase.

    3. Passing the Exam
    To pass the written examination, candidates must achieve a predetermined passing score.

    Oral Exam:

    1. Exam Format
    The oral examination is conducted through an interview and presentation between the candidate and two CMI - Sales Tax Committee members. The examination is conducted to determine the candidate's presence, ethics, and professional conduct, as well as the reasoning and rationale to form conclusions and make sound judgments regarding complex sales & use tax scenarios.

    2. Time Management
    The oral exam is limited to 30 minutes, so candidates must utilize their time to effectively present their findings and establish their business acumen. Candidates should also be prepared to answer questions from the committee members and elaborate more on certain topics and principles in their findings.

    3. Passing the Exam
    To pass the oral examination, candidates must achieve a passing score on presentation, content knowledge, and ethics. Not passing the ethics component alone is considered a failure of the oral exam.

    Post-Examination: Earning the CMI Designation

    After passing the CMI - Sales Tax Examinations, candidates are awarded the CMI - Sales Tax designation. This achievement is a significant milestone in a sales tax professional's career.

    1. Certification
    Successful candidates receive a formal certification from IPT, recognizing their achievement and granting them the right to use the CMI - Sales Tax designation. This certification is a valuable addition to the candidate’s professional credentials and can be proudly displayed in professional settings.

    2. Ongoing Professional Development
    Earning the CMI - Sales Tax designation is not the journey's end. To maintain the designation, professionals must continue their education and stay current with industry developments. IPT requires CMI - Sales Tax certified members to complete continuing education hours regularly and adhere to the IPT Code of Ethics.

    3. Networking and Involvement
    CMI - Sales Tax professionals are encouraged to remain active in the IPT community. This involvement includes attending conferences, participating in committees, speaking at IPT programs and schools, and contributing to the ongoing development of the sales & use tax profession.

    Final Words

    Earning the CMI designation in Sales Tax is a challenging but rewarding process. It requires a combination of experience, education, mastering the examination process, and a commitment to ethical standards. For those who achieve it, the designation opens doors to advanced career opportunities, professional recognition, and a respected place in the sales & use tax community.
    The Institute for Professionals in Taxation is dedicated to supporting its members throughout this process, providing the resources, education, and guidance needed to succeed.

    Related News

    24 Apr 2026Sales Tax
    How to Earn a CMI Designation in Sales Tax
    Learn how to earn the prestigious CMI designation in Sales Tax. Gain expertise, credibility, and career growth through this comprehensive certification process.
    IPT Member News

    2027 IPT Sales Tax Schools

    In 2025, the IPT Board of Governors approved the addition of a third Sales Tax School to complement the organization’s offering of courses in sales tax education. Based on consistent feedback from Sales Tax School I and Sales Tax School II registrants over the past several years, it became increasingly apparent that an additional and advanced sales & use tax education School was warranted.

    Click here for more information.
     

    Related News

    Get Involved with IPT

    The IPT community Is Ready for You

    Join a diverse community of more than 6,600 members and achieve educational excellence, earn professional certification, and gain access to a world-class network. With IPT, you can advocate for equitable administration of state and local taxes, participate in volunteer opportunities to grow your leadership skills, and establish a stronger professional reputation by participating on our committees.

    01 Apr 2026IPT Member News
    IPT Sales Tax Schools for 2027
    IPT Sales Tax Schools for 2027 for next year, as well as revised CMI testing requirements as approved by the Board of Governors.
    IPT Member News

    2026 IPT Annual Conference

    IPT2026 Annual Conference

    June 22-25, 2026
    Hilton Hawaiian Village Waikiki Beach Resort
    Honolulu, Hawaii

    IPT’s 50th Annual Conference brings together state and local tax professionals for four days of education, connection, and celebration in Honolulu, Hawaii. Your conference registration provides access to educational programming, conference materials, scheduled meals, and networking receptions (not including the Private Luau; tickets are $125 per person) designed to enhance both learning and professional engagement.

    Registration Includes
    • Access to all conference educational sessions and materials
    • Refreshment breaks throughout the program
    • Breakfast and lunch throughout the program • Admission to included evening receptions (Monday & Tuesday)
    • Access to the Hawaiian Vendor Market and exhibitor engagement opportunities.

    Make plans now to be part of IPT's golden anniversary conference, where state and local tax professionals gather to honor the past and shape the future. Join IPT in paradise as we celebrate five decades of excellence in state and local tax education and professional connection.  While we look forward to celebrating this milestone together, the 2026 Annual Conference is focused on offering an expansive and enriching educational program.

    Learn More

    Related News

    Get Involved with IPT

    The IPT community Is Ready for You

    Join a diverse community of more than 6,600 members and achieve educational excellence, earn professional certification, and gain access to a world-class network. With IPT, you can advocate for equitable administration of state and local taxes, participate in volunteer opportunities to grow your leadership skills, and establish a stronger professional reputation by participating on our committees.

    26 Mar 2026IPT Member News
    2026 Annual Conference
    IPT’s 50th Annual Conference brings together state and local tax professionals for four days of education, connection, and celebration in Honolulu, Hawaii.
    Get Involved with IPT

    The IPT community Is Ready for You

    Join a diverse community of more than 6,600 members and achieve educational excellence, earn professional certification, and gain access to a world-class network. With IPT, you can advocate for equitable administration of state and local taxes, participate in volunteer opportunities to grow your leadership skills, and establish a stronger professional reputation by participating on our committees.