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California-proposition-19

18 items

  • I have my deed signed and notarized, and have submitted it for recording at my local County Recorder’s office prior to the February 15, 2021 deadline. What if my deed does not record by the February 15, 2021 deadline? Must my deed be recorded prior to that date in order to still be under the Proposition 58/193 provisions?

    No. As long as the date of transfer is on or before February 15, 2021, the transfer will qualify for the Proposition 58/193 exclusion. Property Tax Rule 462.260 makes clear that the recordation date of a deed is rebuttably presumed to be the transfer date. This means that if evidence is shown that the transfer

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  • If a parent died prior to February 16, 2021, and the Assessor does not become aware of the death until a year later and reassesses the property as of the date of death, are the parent-child exclusion provisions applied under Proposition 58 or Proposition 19?

    The law in effect is that the date of death will apply. Proposition 19 is clear that Proposition 58 applies to transfers that occur on or before February 15, 2021, and Proposition 19 applies to transfers that occur on or after February 16, 2021.

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  • What are the Proposition 19 rules about the parent-child exclusion if the value of the family home is valued at greater than $1 million dollars?

    The value limit under Proposition 19 is the sum of the factored base year value plus $1 million. If the market value exceeds this limit, partial relief is available. The amount exceeding the excluded amount will be added to the factored base year value.

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  • If we didn’t submit our application for the parent/child exclusion before February 16, 2021, can we still qualify for the exclusion under Proposition 58/193?

    As long as the date of transfer or change in ownership of real property between parent and child occurred on or before February 15, 2021, the transfer will qualify for the exclusion under Proposition 58/193. The date of death is the date of the change in ownership. The claim must be filed with the County

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  • Does Proposition 19 apply to a transfer of a rental home?

    No, Proposition 19 limits the parent-child exclusion to a transfer of a family home that is the principal residence of the transferor and becomes the principal residence of the transferee.

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  • If a family home is gifted to two children, do both children have to live in the family home as their primary residence in order to receive the new parent-child exclusion under Proposition 19?

    It appears that the current intent of the Legislature is to allow the exclusion as long as the parent’s family home becomes the family home of at least one of the children.

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  • Under Proposition 19, if I inherit my parent’s family home and move into it as my principal residence, must I continue to live in the home to receive the parent-child exclusion? What happens if I move somewhere else?

    Our understanding is that at least one eligible transferee must plan to continually live in the property as his or her family home for the property to maintain the exclusion. Once the property is no longer your family home, it will receive a new taxable value. The new taxable value will be the assessed market

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  • If a property transfer has already been completed under Proposition 58, prior to Proposition 19, will the transfer be reassessed under the new law?

    No, Legislation is clear that Proposition 58 applies to transfers that occurred on or before February 15, 2021, and that Proposition 19 applies to transfers that have or will occur on or after February 16, 2021.

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