California Prop 60 and Prop 90 Property Tax Transfer Rates

California Prop 60 and Prop 90 Property Tax Transfer Rates: In most cases, these constitutional tax initiatives allow senior citizens to transfer the trended base value from their current home to a replacement property if certain requirements are met. This may result in substantial tax savings.

Who Qualifies?
If you or your spouse who resides with you is age 55 or older, you may buy or construct a new home of equal or lesser value than your existing home and transfer the trended base value to your new property. This is a one-time only benefit. You must buy or complete construction of your replacement home within two years of the sale of the original property. Both the original home and the new home must be your principal place of residence. A claim must be filed within three years of purchasing or completing new construction of the replacement property. If a claim is filed after the three-year period, relief will be granted beginning with the calendar year in which the claim was filed. Once you have filed and received this tax relief, neither you nor your spouse who resides with you can ever file again.
California Prop 60 and Prop 90 Property Tax Transfer Rates

Eligibility Requirements:

  1. The replacement property must be your principal residence and must be eligible for the Homeowners’ Exemption or Disabled Veterans’ Exemption.
  2. The replacement property must be of equal or lesser “current market value” than the original property. The “equal or lesser” test is applied to the entire replacement residence, even if the owner of the original property acquires only a partial interest in the replacement residence. Owners of two qualifying original residences may not combine the values of those properties in order to qualify for a Proposition 60 base-year transfer to a replacement residence of greater value than the more valuable of the two original residences.
  3. The replacement property must be purchased or built within two years (before or after) of the sale of the original property.
  4. Your original property must have been eligible for the Homeowners’ or Disabled Veterans’ Exemption.
  5. You, or a spouse residing with you, must have been at least 55 years of age when the original property was sold.
California Prop 60 and Prop 90 Property Tax Transfer Rates

Frequently Asked Questions

Q. What is the difference between Proposition 60 and Proposition 90? A. Proposition 60 relates to transfers within the same county (intra-county). Proposition 90 relates to transfers of base value from one county to another county in California (inter-county).
Q. If I qualify for Proposition 60/90 benefits, do I still need to file for a Homeowners’ Exemption on the replacement property?A. Yes. Homeowners’ Exemptions are not granted automatically.
Q. What is the Proposition 60/90 filing deadline?A. A claim must be filed within three years of purchasing or completing new construction of the replacement property. If a claim is filed after the three-year period, relief will be granted beginning with the calendar year in which the claim was filed.
Q. My original home is located outside Los Angeles County, but my replacement home is in Los Angeles County. Do I qualify for relief?A. Yes.
Q. I plan to relocate from Los Angeles County to another county. Do I qualify for relief?A. You may qualify for relief. Effective February 15, 2010 the following counties in California have an ordinance enabling Proposition 90: Alameda   Orange   San Mateo   Ventura   Los Angeles   San Diego   Santa Clara El Dorado Since the counties indicated above are subject to change, we recommend contacting the county to which you wish to move to verify Proposition 90 eligibility.
California Prop 60 and Prop 90 Property Tax Transfer Rates

Q. Do all replacement homes qualify? A. If you meet all other eligibility requirements, relief is granted for a single family residence, condominium, unit in planned development, cooperative housing, community apartment, mobile home subject to local real property tax, and living unit within a larger structure consisting of both residential and non-residential accommodations.

Q. If I make an improvement to my replacement home within two years of purchase, can I get additional tax relief for the new construction?A. Yes, as long as the total amount of your purchase and the new construction does not exceed the market value of the original property at the time of the sale.
California Prop 60 and Prop 90 Property Tax Transfer Rates

Q. What does “equal or lesser value” of a replacement property mean? A. The meaning of “equal or lesser value” depends on when you purchase the replacement property. In general, “equal or lesser” value means:

  • 100% or less of the market value of the original property if a replacement property was purchased or newly constructed before the sale of the original property, or
  • 105% or less of the market value of the original property if a replacement property was purchased or newly constructed within the first year after the sale of the original property, or
  • 110% or less of the market value of the original property if a replacement property was purchased or newly constructed within the second year after the sale of the original property.

When making the “equal or lesser value” test, it is important to understand that the market value of a property is not necessarily the same as the sale or purchase price. The Assessor will determine the market value of each property. In some new developments, the indicated sale price does not include upgrades paid for outside of escrow. The Assessor must consider the value of these upgrades when determining the market value of the property. If the market value of your replacement dwelling exceeds the “equal or lesser value” test, no relief is available. It is “all or nothing” with no partial benefits granted.

California Prop 60 and Prop 90 Property Tax Transfer Rates
Q. Can I give my original home to my son or daughter and still get Proposition 60/90 benefits when I purchase a replacement property?A. No. An original property must be sold and subject to reappraisal at full market value.
Q. If an original property has multiple owners, can Proposition 60/90 tax relief be split? A. No. The owners must determine between themselves which one will get the benefit. Only one original owner can claim Proposition 60/90 tax relief.
How Do I File for Proposition 60/90 Tax Relief?
San Bernardino County Adopts Prop 90 – Click Here

San Bernardino County Property Tax Assessor – Click Here

Claim forms are available from several sources. Choose the most convenient for you.

Online: Forms are available from the Assessor’s website: assessor.lacounty.gov

Email: Send an email to helpdesk@assessor.lacounty.gov

Phone: Call (213) 893-1239

Claim forms may also be requested by mail or in person at any of their offices.

What Form Do I Need?
Claim of Person(s) at Least 55 Years of Age for Transfer of Base Year Value to Replacement Dwelling (BOE-60-AH/OWN-89).
1 For expanded definitions of Propositions 60 and 90, see Revenue and Taxation (R & T) Code Section 69.5. It is available here.
California Prop 60 and Prop 90 Property Tax Transfer Rates
Call Us Now To Sell Your Home… Office: 909.985.9392 or Text Us: 714.657.6634
Kris and Kim Darney – REALTORS® – Grandparents – 909.985.9392 – CA BRE# 01930954; 01464957; 01458057
This information deemed reliable at time of publication. An as always, please seek both tax and legal consultation from a California State licensed professional.

Put the Leaders on Trial for Negligence of These Loan Servicing Companies!

Tragedy…this home could have been saved only if… This is the final chapter in a painful story of a Short Sale gone bad. The “Bankruptcy Negotiator II”, Ryan Bickerton with American Home Mortgage Servicing Inc(AHMSI), refused to accept a short sale purchase agreement...

Is it REALY worth it….Loan Modification.

With all of the hype of "loan modifications" and "government bailouts" you can't help but feel that there is a solution somewhere that will save you from loosing your home. I've been watching the news, reading everything that comes across my emails and can only say...

The FHFA announced a new program to assist homeowners….

Note that this does not include principal reduction as a solution. This new plan is limited to: “extending the term, reducing the interest rate, and forbearing interest” This is intended to help “thousands” (a drop in the bucket unless it is several hundred thousand),...

Can you say Dirt Bags!….Desperate to keep your home…Beware, you can't trust everyone who tells you they want to help.

Sadly.... I am going to tell you about a family that was recently lied to and taken for a lot of money in hopes of keeping the home they were living in by doing a loan modification. The ending on this true story left the family loosing the home to foreclosure, filing...

Must READ! Foreclosed Home Sold At Auction….$115,000 Less Than Offer Lender Rejected???

If you follow our blogs, one of my recent posts " In the business to foreclose...ask Ryan" told of a loan servicing company that declined to order a bpo on a property due to the fact they had done their own appraisal months prior to the offer we had provided them....

Can I live in my home while I'm Short Selling it, even though I'm not making the payments?

Today I was talking to a fellow that called me to find out about how a Short Sale works.  I realized after talking with him for nearly an hour that there are a lot of people (real estate agents) that give out conflicting and incorrect information.  I don't believe...

In Business To Foreclose? Ask Ryan…Option One are you aware of this?

This is for our clients...you have been wonderful to work with! Thanks for letting us share. Like most of our clients, the ***** family were no longer able to make their mortgage payments. Their home had a sale date set in less than two weeks from them contacting us....

Bail Out Plan for Homeowners…Really?

It’s being called a rescue package for our financial system. Obvious goal is to slow down the foreclosures. Keep people in their homes….Let’s take a look at the specifics of this $700 Billion “rescue Package”. How does the bailout plan help homeowners facing...

Banks, Servicing Companies, Short Sale or Foreclosure…Some get it…Some DON'T

Just a quick vent session and I will get back to the wacky world of Short Sales! I'm not a genius, but as I listen to CNN discussing the bank crisis.....I have to ask myself this question: Who are these people that are making the call at our lenders to foreclose...

Foreclosures drop in California….State bill 1137 working….this month.???

Foreclosure notices fell nearly 90% in California with the implementation of state bill 1137 on September 8th. I found a great chart that shows the huge decline in Notice of Defaults and Trustee Sales here in the state of Ca. Here’s the staggering fact! We went from...

Bank of America's new Short Sale Criteria sends California Homes to Foreclosure!

Kris and I live in the "Inland Empire"; one of the hardest hit areas of the country. Being Real Estate Agents, our decision to become Short Sale experts was an easy one. Our lives are touched daily with calls from people that are loosing their homes. Using everything...

Pin It on Pinterest

Shares
Share This