Many
of people 55 years old with large equity positions in their homes and a small tax liability would love to move to smaller
homes or even condos but are reluctant to because of the increase in property taxes.
Enter Propositions 60 & 90!
These are constitutional
initiatives passed by California voters. They provide property tax relief by preventing reassessment when a senior citizen
sells his/her existing residence and purchases or constructs a replacement residence worth the same or less than the original.
When the senior citizen purchases or constructs a new residence, it is not reassessed, if he/she qualifies. The Assessor
transfers the factored base value of the original residence to the replacement residence. Proposition 60 originally required
that the replacement and the original be located in the same county. Later, Proposition 90 enabled this to be modified by
local ordinance.
Only the following counties accept factored base year value assessments from any
of the other 58 counties in California: Alameda, Kern, Los Angeles, Modoc, Orange, San Diego, San Mateo, Santa Clara And Ventura.
To qualify, the seller of the original residence, or spouse who resides with the seller, must be at least 55 years
of age at the time of the sale. The replacement property must be of "equal or lesser value" than the original
home. Of course, with all things government, there are some caveats to this. In general, "equal or lesser value"
means the fair market value of the replacement property does not exceed one of the following:
100%
of the market value of the original property, if the replacement property is purchased or newly constructed before the original
property is sold.
105% of the market value of the original property, if the replacement property
is purchased or newly constructed within the first year after the original property is sold.
110%
of the market value of the original property, if the replacement property is purchased or newly constructed within the second
year after the original property is sold.
You may apply by completing and submitting the necessary application
form within three years of the date you buy your replacement property.
Contact your County Assessor or
download the forms at their web site.