Parent Child Grandparent Grandchild Exclusion (Prop 58 Prop 193)
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Parent Child Grandparent Grandchild Exclusion (Prop 58 Prop 193)
Parent-ChildExclusion (Proposition 58)
The Parent-Child Exclusion applies to any real property purchases or transfers between parents and children, which occurred on or after November 6, 1986.
This exclusion prevents an increase in property taxes to new property owners when real property is transferred between parents and their children. 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.
Grandparent-GrandchildExclusion (Proposition 193)
California State law allows property to be excluded from reappraisal when transferred between grandparent and grandchild, providing that a Claim for Exclusion from Reappraisal form is filed and approved by the Assessor’s Office. This exclusion is available only when both parents of the eligible grandchildren are deceased.
Applicable Rules:
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, the assessor looks 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.
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.
