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Proposition 58, effective November 6, 1986, is a constitutional amendment approved by the voters of California which excludes from reassessment transfers of real property between parents and children.
Proposition 58 is codified by section 63.1 of the Revenue and Taxation Code. Proposition 193, effective March 27, 1996, is a constitutional amendment approved by the voters of California which excludes from reassessment transfers of real property from grandparents to grandchildren, providing that all the parents of the grandchildren who qualify as children of the grandparents are deceased as of the date of transfer.
Proposition 193 is also codified by section 63.1 of the Revenue and Taxation Code. In the State of California, real property is reassessed at market value if it is sold or transferred and property taxes can sometimes increase dramatically as a result. However, if the sale or transfer is between parents and their children, or from grandparents to their grandchildren, under limited circumstances, the property will not be reassessed if certain conditions are met and the proper application is timely filed.
These propositions allow the new property owners to avoid property tax increases when acquiring property from their parents or children or from their grandparents.
The new owner’s taxes are calculated on the established Proposition 13 factored base year value, instead of the current market value when the property is acquired.
Transfers of primary residences (no value limit) Transfers of the first $1 million of real property other than the primary residences. The $1 million exclusion applies separately to each eligible transferor.
Transfers may be result of a sale, gift, or inheritance. A transfer via a trust also qualifies for this exclusion.
For property tax purposes, we look through the trust to the present beneficial owner. When the present beneficial ownership passes from a parent to a child, this is a change in ownership that is eligible for the parent-child exclusion.
The Proposition 13 value (factored base year value) just prior to the date of transfer. Usually, this is the taxable value on the assessment roll. If a property is under a Williamson Act (open space) or Mills Act (historical property) contract, it is the factored base year value that is counted, not the restricted value.
No. In cases where the transferred property was being assessed at its current market value under Proposition 8 at time of transfer (that is, its market value had fallen below the transferor’s original Proposition 13 factored base year value), it may be beneficial for the new owner not to claim the exemption and instead accept a new Proposition 13 base year reassessment.
By doing so in this circumstance, the reassessment can result in lower property taxes over time by locking in the lower market value as the property’s new base year value as of the date of transfer.
Otherwise, the higher original Proposition 13 base year value set under the transferor’s ownership would someday be reinstated as market conditions improve over time and at a level higher than they would be if the property had received a new Proposition 13 base year value as of the date the property was transferred. In any case, you may wish to consult with a real estate or estate planning expert for advice before claiming this exclusion.
A “child” for purposes of Proposition 58 includes:
- Any child born of the parent(s).
- Any stepchild while the relationship of stepparent and stepchild exists.
- Any son-in-law or daughter-in-law of the parent(s).
- Any adopted child who was adopted before the age of 18.
Spouses of eligible children are also eligible until divorce or, if terminated by death, until the remarriage of the surviving spouse, stepparent, or parent-in-law.
An eligible “grandchild” for purposes of Proposition 193 is any child of parent(s) who qualify as child(ren) of the grandparents as of the date of transfer.
Yes. Your daughter’s divorce terminated the relationship between you and your son-in-law. Since your ex-son-in-law is not considered your child for purposes of this exclusion, your grandchildren are eligible transferees of your property.
No. Your son-in-law is still deemed to be a “child” of yours, until he remarries, thus disqualifying your grandchildren as eligible transferees.
Yes, assuming the other conditions are met and a proper claim is filed. For transfers occurring on or after January 1, 2006, it is not necessary that the son-in-law or daughter-in-law who is stepparent to the grandchild be deceased in order for the grandchild to be eligible transferees.
No. Even though a disclaimer means the person filing the disclaimer is treated as predeceased, this does not make the person dead as required by the California Constitution.
The property that transferred first, for which a claim was filed, will get the exclusion. Thereafter, other properties may also receive the exclusion as long as the cumulative factored base year value of the properties excluded has not exceeded $1 million for each transferor.
The administration of a trust is governed by the trust instrument. If the trustee has the power to distribute on a non-pro rata basis, this means the trustee can allocate specific assets to individual beneficiaries. If one child receives real property and other children other assets, then the one child can receive the parent-child exclusion as long as the value of the real property does not exceed that child’s share of the entire estate. If the value of the real property exceeds that child’s share of the estate, the excess is considered to be coming from a sibling and, thus, subject to reassessment as a sibling-to-sibling transfer.
For further information on trust and will distribution, please see Letter To Assessors No. 91/08.
A certification of trust is not sufficient evidence upon which to make a determination of eligibility for the parent-child exclusion if it does not identify the beneficiaries or their interests in the property held in trust. An assessor may require a claimant for the exclusion to either submit the trust instrument or copies of portions of the instrument that identify the beneficiaries and their interests, enumerate the powers of the trustee, and set forth other relevant terms regarding the disposition of the trust property and assets, as a condition of processing and granting the exclusion.
No. Transfers of real property must be between eligible parents and children or grandparents to grandchildren, not legal entities. A limited liability company is considered a legal entity, as are partnerships, and corporations. Transfers of real property must be from an eligible grandparent to an eligible grandchild/grandchildren. A legal entity, even if the legal entity is wholly owned by the grandchildren, is not an eligible transferee.
No. A transfer of partnership interest is not a transfer of real property and is not eligible for the parent-child exclusion.
No. You must choose which exclusion you wish to apply your base year value. If you sell the property to your child and choose to transfer your base year value using the parent-child exclusion, then the base year value is no longer yours to transfer to a replacement property.
No. The $1 million limit applies only if the property was not eligible for a homeowners’ exemption or disabled veterans’ exemption before the transfer. If you did not have the homeowners’ or disabled veterans’ exemption on your principal residence prior to the parent-child transfer, then you may have to provide evidence to the assessor that the property was your principal residence. Evidence includes voter registration, vehicle registration, bank accounts, or income tax returns.
For parent-child transfers (Proposition 58):
Claim for Reassessment Exclusion for Transfer Between Parent and Child, Form BOE-58-AH
For grandparent-to-grandchild transfers (Proposition 193):
Claim for Reassessment Exclusion for Transfer Between Grandparent and Grandchild, Form BOE-58-G
Copies of these forms are available from your assessor’s office or you may check with your county’s website as some provide a downloadable form. Most counties have a website which may be accessed via the following link:/proptaxes/assessors.htm.
Even though BOE forms are state designed and approved, BOE forms are administered by the county.
Generally, to get relief retroactive to the date of transfer, a claim must be filed with the county assessor’s office by the earliest of the following: Within three years of the transfer Prior to transferring to a third party If a notice of supplemental or escape assessment is mailed after the deadline for either of these periods has passed, then the transferee has an additional six months from the date of the notice to file a claim. For example, if a taxpayer received a Notice of Supplemental Assessment for a parent-child transfer dated January 1, 2003, and then received a Notice of Proposed Escape Assessment dated April 1, 2006, the taxpayer would have six months from April 1, 2006 to file a claim with the assessor.
Effective January 1, 1998, if the transferee has not transferred the property to a third party, applications may still be filed at any time after the three-year deadline; however, those filed after three years will only become effective for the lien date in the assessment year in which they are filed and will not be retroactive to the date of transfer. Therefore, the first year’s enrolled value would be the base year value as of the year of transfer, factored for inflation plus any additional value which has been enrolled because of new construction.
If you still have questions about Propositions 58/193, you may find the answers in Letter To Assessors No. 2008/018 or you may call the Assessment Services Unit at 916-274-3350
Yes, the Board of Equalization maintains a state-wide database to track the $1 million exclusion. However, information in the database is available only upon written request. Information is not provided by telephone. If you want to know how much you have used, please send a fax to the County Assessed Properties Division at 1-916-285-0134. Please include: (1) a statement that you want to know how much of your parent-child exclusion you have used, (2) your name, (3) your social security number, and (4) a return fax number or address. If you do not have access to a fax machine, please mail your request to the following address:
State Board of Equalization
County Assessed Properties Division, MIC: 64
P.O. Box 942879
Sacramento, CA 94279-0064
Filed parent-child exclusion claims are not public documents and not subject to public inspection. Since Board of Equalization’s state-wide database is compiled from claim information, the database is also confidential.
If you are the trustee of your parents’ trust, the executor or administrator of your parents’ estate, or a transferee in a real estate transaction with your parents, then you may request information regarding their usage of the exclusion.
Revenue and Taxation Code section 63.1(i) provides that information regarding the parent-child exclusion is available to the transferor or his/her spouse, the transferor’s legal representative, the trustee of the transferor’s trust, or the executor or administrator of the transferor’s estate.
In addition, information is available to the transferee or his/her spouse, the transferee’s legal representative, the trustor of the transferee’s trust, or the executor or administrator of the transferee’s estate.
A child, by virtue of being a child, is not a person who is eligible to get their parents’ information unless they are acting in one of the above-mentioned roles.
As your client’s legal representative, you may request their information without their written authorization.
Please send a fax on your letterhead to the County Assessed Properties Division at 1-916-285-0134 that includes:
(1) a statement that explains your relationship to the client,
(2) your client’s name,
(3) your client’s social security number, and
(4) a return fax number if your office has multiple locations.
If you are representing a child of deceased parents and the child needs to know how much the parents have used in order to administer their estate, please include an additional statement that explains the child’s role in their estate and the parents’ names and social security numbers.
Since you are not a legal representative, you do not have authority request their information without their written authorization. Please send a fax to the County Assessed Properties Division at 1-916-285-0134 that includes:
(1) a written authorization signed by your client that says we can release their information to you,
(2) your client’s name,
(3) your client’s social security number, and (4) a return fax number if your office has multiple locations.
No. In order to qualify, the transfer of property must be between individuals, not individuals and a corporation or partnership.
The transferor is the previous owner (grantor, decedent, or trustor). The transferee is the new owner (grantee, heir, or beneficiary).
No. One signature is sufficient; however, all transferees must be listed. A photocopied signature is not acceptable.
Natural children, children adopted before the age of 18, stepchildren (as long as the parents are still married), and sons- and daughters-in-law are considered children under this exclusion program.
A parent may transfer their principal residence and any other property valued up to $1,000,000 to their children. The properties will not be reappraised providing that the proper Claim for Exclusion from Reappraisal form is filed and approved by the Assessor’s Office.
No. The parent must actually be deceased prior to the transfer to the grandchildren.
No. A Claim for Exclusion from Reappraisal form must be completed and filed with the Assessor’s Office. Failure to file a claim will result in a reassessment of the property. You will receive the exclusion after your claim is approved.
To prevent a supplemental tax bill from being issued, a claim must be filed as soon as possible after the transfer or date of death.
A claim must be filed within three years of the date of transfer or death, or prior to the sale or transfer to a third party. In addition, a claim may be filed within six months after the mailing date of the supplemental notice or escape assessment.
If a claim is filed after the legal deadline, the exclusion may be granted but no refunds will be issued for prior years. It will be granted for the year the claim is filed as long as the property has not been sold to a third party.
No. The Reappraisal Exclusion for Seniors is a one-time only tax benefit enabling senior citizens (55 years or older) to sell their residence and transfer its low value to a replacement home. Since the sold property must be reappraised, the children would receive no benefit from a Parent-Child Exclusion.
Yes. An inheritance or transfer to children within a trust may qualify for this exclusion. The trust documents must be provided with the claim.
