Alabama 2026 Regular Session

Alabama House Bill HB397

Filed/Read First Time
 
Introduced
2/5/26  

Caption

Taxation; to increase the adjusted cap and allow the unremarried widow or widower of certain individuals to claim the homestead exemption

Summary

HB397 revises Alabama’s homestead ad valorem tax exemption laws in several related ways. The bill increases the income thresholds used to qualify for certain homestead exemptions, most notably raising the cap for older homeowners and other qualifying taxpayers from $12,000 to $16,000 in the county-level exemption provisions, and making corresponding technical updates throughout the code sections governing state, county, municipal, and school-related homestead exemptions. It also updates the statutory language to modernize terminology and align cross-references. A major substantive change is the creation of eligibility for an unremarried widow or widower of a decedent who qualified for the exemption at death. Under the bill, that surviving spouse may continue to receive the homestead exemption if the property was the decedent’s homestead, the survivor’s name is on the deed, and the survivor’s annual adjusted gross income does not exceed $150,000. The bill applies this surviving-spouse eligibility across the affected homestead exemption provisions, including state, county, municipal, and certain school-tax-related exemptions. It also preserves existing rules for exemptions based on age, retirement due to permanent and total disability, and blindness. HB397 would amend Sections 40-9-19, 40-9-19.1, and 40-9-21 of the Code of Alabama 1975, affecting how homestead exemptions are administered and who may claim them. It authorizes the Department of Revenue to adopt rules to implement the act and sets the effective date for June 1, 2026, with the tax changes applying to tax years beginning on or after January 1, 2027. The bill also retains existing protections that prevent exemptions from impairing bonded indebtedness and continues the rule that exemptions are not lost during repairs after natural-disaster damage. The overall sentiment reflected in the bill materials is favorable toward expanding tax relief for homeowners, especially seniors, disabled residents, and surviving spouses. The bill was introduced by a large group of House members and referred to Ways and Means General Fund, suggesting it is being treated as a fiscal policy measure rather than a controversial social issue. No committee transcript or recorded vote is available in the provided materials, so there is no direct evidence of opposition or debate in the record supplied. The main points of potential contention are fiscal and eligibility-related. Raising income caps and extending exemptions to unremarried widows and widowers would reduce ad valorem tax revenue for state and local governments, school systems, and other taxing authorities, which may raise concerns about budget impact and revenue loss. The new $150,000 income limit for surviving spouses is notably higher than the existing thresholds for age-based exemptions, which could prompt questions about whether the benefit is targeted appropriately and how broadly the exemption should extend.

Impact

HB397 would amend Alabama’s homestead exemption statutes to increase income eligibility limits and expand exemption eligibility to unremarried widows and widowers of qualifying decedents. It changes Sections 40-9-19, 40-9-19.1, and 40-9-21 of the Code of Alabama 1975, affecting state, county, municipal, and certain school-related ad valorem tax exemptions. The bill would also authorize the Department of Revenue to adopt implementing rules and would apply beginning with tax years on or after January 1, 2027.

Sentiment

The bill appears generally supportive of property-tax relief for homeowners, particularly seniors, disabled residents, blind residents, and surviving spouses. There is no recorded committee testimony or vote in the provided materials, so the available evidence suggests a straightforward, pro-relief measure with no documented public opposition in the record supplied.

Contention

The likely areas of contention are fiscal impact and eligibility scope. Because the bill expands homestead exemptions and raises income caps, local governments and school systems could lose ad valorem tax revenue, which may concern budget writers and taxing authorities. The new surviving-spouse provision, especially the relatively high $150,000 income threshold, may also draw scrutiny over whether the exemption is too broad or should be more tightly targeted.

Companion Bills

No companion bills found.

Previously Filed As

AL HB226

Homestead exemptions, extending to unremarried widow or widower

AL HB389

Income tax, optional standard deduction increased, adjusted gross income range allowed for maximum dependent exemption increased

AL HB396

Taxation and Revenue; Homestead ad valorum taxes of certain veterans prohibited from inclusion in debt-to-income ratio

AL HB543

Taxation, to increase the market value threshold amount for which tangible personal property is exempt from state ad valorem taxation

AL SB300

To amend 40-9-1; increasing the market value threshold amount for which tangible personal property is exempt from state ad valorem taxation

AL HB388

Income tax, exemption for taxable retirement income increased

AL HB74

Taxation, sales tax exemptions, sales and use tax exemption provided for purchases of optical aids, including eyeglasses and contact lenses

AL HB152

Taxation, sales tax exemptions, sales and use tax exemption provided for certain purchases of diapers, baby supplies, baby formula, maternity clothing, and menstrual hygiene products

AL SB209

Taxation; to adjust the dollar value cap based on Consumer Price Index, of certain items exempt from sales tax during certain weekends

AL HB176

Taxation, sales tax exemptions, sales and use tax exemption with local option provided for purchases of optical aids, including eyeglasses and contact lenses

Similar Bills

No similar bills found.