3/08/2021

Proposition 19 California

 


Proposition 19 Boomerang On The Backside of the Head?

Or is it to be litigated to grinding halt?

The Advertisements sold us on helping those families 

from Paradise displaced by wildfires. 

Remember Kristy, “Our homes were burned to the ground. 

We couldn’t move because of taxes… vote yes.”  

And the ads from The California Association of Realtors 

backed the bill because, ‘geeze it will open up all those listings… 

the market will become open again, 

and a chicken in every pot for every Realtor…

However now numerous county Assessors and 

Tax Collectors are stumped at the loopholes 

and work left for them to litigate.

Prop 19 builds more tax revenue for California.

 It does not protect homeowners. 

The previous law allowed parents (and some grandparents) 

to transfer their primary residence, of any value, 

to their children and the assessed value for

 tax purposes would remain unchanged. 

Wealth could be passed to your heirs in the form 

of your primary residence and one investment property 

with the investment property not to exceed a million dollars. 

Children or grandchildren were not required to 

live in the property to keep the basis.

Under Proposition 19 homeowners who are over age 55, 

disabled, or victims of natural disasters 

may transfer their property tax base 

(current assessed value) when they sell their home

 and purchase a new one anywhere within the state. 

They can also transfer that tax base to a home of greater value. 

Under the old law (Prop’s 60/90), 

homeowners could transfer their property tax rate 

to a home of equal or lesser value in certain counties. 

Only twelve of the fifty eight counties in California in the past 

“cooperated” in transfers (mostly the richer higher cost counties). 

The new law allows homeowners to transfer their property tax 

assessment up to three times, where previous law allowed them to 

transfer it once. Prop. 19 goes into effect on April 1st, 2021, 

just weeks from today.

The piece that is still unclear is how family transfers 

and inheritance will be handled. 

The real estate is required to be the primary residence of the parent, 

and the child inheriting the property must move into the home as their 

primary residence within one year of the transfer in order to avoid a 

reassessment.

Who is going to check and verify owner occupancy?

Counties with reduced revenues don’t have investigators who can door 

knock to check. 

They can only check where the bill is mailed (often to the lender for 

impounds).

 

Parts of the Bill are under repeal, and the courts 

will decide all the ins and outs which were 

left open to interpretation. 

The suits win.