Selling Your Home:
QUESTION: We'd like
to downsize, but are concerned about higher property taxes if we move.
Can we transfer our taxes to the new home that we buy?
ANSWER: There are two propositions you should
know about: Proposition 60-Replacement Residence Exclusion, and Prop
90-InterCounty Transfer of Base Year Values. These propositions apply
only to the state of California.
The answer to your question depends upon where you
plan to move. If you move outside your present county, then Proposition
90 must be in effect in order for you to take your property tax
base with you and you must be at least 55 years of age. If not, your
property taxes will be taxed at the same rate as any other new home
buyer. That rate will be at approximately .0125 % of the new purchase
price.
1) After Proposition 90 was
passed in 1988, each of the state's 58 counties had to decide whether or
not they would allow the transfer of assessed values into their
jurisdiction. They considered the loss in assessed value and what that
would mean to tax revenues. As a result, there are not many counties
that currently have Proposition 90 in effect.
Below is an excerpt from the California Association of Realtors web site
regarding Proposition 90. Before selling, please verify local tax laws with your
county tax assessor's office and your tax advisor. Provisions may have been
changed since this was posted on this site.
3/22/2006 (Check with county assessor's
office for update on current provisions.)
Ordinarily under Proposition 13, the value of a home for property tax purposes is re-assessed to market level whenever a change in ownership takes place. This usually results in higher property taxes for the homebuyer.
In November 1988, the state's voters approved Proposition 90, which is designed to induce greater turnover of homes owned by senior citizens. The measure provides anyone over the age of 55 with relief from Proposition 13 by allowing them to move from one county to another without undergoing a change in their basic property taxes.
Proposition 90 is a "local-option" law; each county has the option of participating. If a county has adopted a Proposition 90 ordinance, it accepts transfers of property tax base assessments from other California counties. If the county that the homeowner is moving from does not have a Proposition 90 ordinance, this does not affect the eligibility of the homeowner.
[Please note: Proposition 60 is a similar law passed by the state's voters two years prior to Proposition 90. It allows seniors to keep their property tax base assessment when they move within the same county.]
Table I below lists the counties that have adopted a Proposition 90 ordinance. Table II lists the counties that have rejected Proposition 90.
TABLE I
Counties which have adopted a Proposition 90 ordinance: Alameda
San Diego
Orange
San Mateo
Los Angeles
Santa Clara
Ventura
TABLE II
Counties which have rejected implementing Proposition 90: Butte Merced
Santa Barbara
Calaveras Mono Santa Cruz
Contra Costa* Napa Shasta
El Dorado Nevada Siskiyou
Fresno Placer Solano
Inyo* Riverside* Sonoma
Lake Sacramento Stanislaus
Madera San Benito Trinity
Marin* San Bernardino Tulare
Mendocino San Luis Obispo Yolo
Modoc* Kern*
[Counties with an asterisk * previously had a Proposition 90 ordinance
then repealed it. All other counties listed in Table II never had a
Proposition 90 ordinance.]
*This information is from the California Association of Realtors
Online web site at www.car.org. 2) Proposition
60: Allows homeowners 55 years of age and older to transfer the base
year value of their principal residence to a newly purchased residence
in the same county, providing that certain requirements are made.
For these specifics detailed, go to the
Contra
Costa County Tax Assessor's web site on Proposition 60.
Their web site is at:
www.co.contra-costa.ca.us/depart/assr/assr.htm.
If you live in another county of California, check with your local
county tax assessors for details.
Please consult your local tax
assessors office to verify current status and provisions of this
proposition before selling your home. Provisions may have changed.
The information provided here is thought to be accurate but is not
guaranteed.
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