In Texas, owning property in the Lone Star state often instills a deep sense of independence and family tradition.

For some families, this tradition includes the choice to bury loved ones on their own land.

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Mandell Smock via Unsplash
Mandell Smock via Unsplash
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I recently heard someone mention to me that if you bury a family member on your land, you no longer have to pay taxes for that land.

Can this be true?

While private or family cemeteries are permitted in Texas under certain conditions, many people wonder how such a burial may affect property taxes.

If You Bury A Family Member on Your Property, Do You Still Have To Pay Taxes?

Under Texas law, property taxes are generally assessed on land regardless of its use.

However, the Texas Tax Code includes a provision that exempts land used exclusively for human burial from taxation, as long as it is not intended for profit.

This is known as the cemetery exemption, and it applies when a parcel of land is legally dedicated and used solely as a burial ground (Texas Tax Code §11.17).

In practice, this means that a homeowner who buries a family member in their yard does not automatically receive an exemption from property taxes on the entire property.

Only the specific portion of the land that is formally recognized and designated as a cemetery may qualify for the tax exemption.

Jesse via Unsplash
Jesse via Unsplash
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So it looks like the short answer is yes.  You CAN exclude some property tax if you bury a family member on your land if all stipulations are met and legally filed.

However, it does not exempt the entirety of your land property taxes.

In hindsight, Texas is not alone in doing this.  There are multiple states in the United States that have similar tax exemption laws set in place in terms of burying a family member on your property.

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