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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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MY DAD DIED LAST YEAR LEAVING THE HOUSE TO MYSELF AND TWO BROTHERS.

Resolved Question:

MY DAD DIED LAST YEAR LEAVING THE HOUSE TO MYSELF AND TWO BROTHERS. IAM THE TRUSTEE OF THE ESTATE. TAX BILL WAS 700.00 PER YEAR. THE COUNTY JUST RAISED IT TO OVER 4500.00 PER YEAR. I WAS TOLD THAT SINCE THE HOUSE STAYED IN THE FAMILY THERE SHOULD BE NO TAX INCREASE UNTIL SOLD. IS THIS TRUE?
Submitted: 8 years ago.
Category: Tax
Expert:  Ed Johnson replied 8 years ago.

DearCustomer

 

Thank you for your question.

 

I see you are in San Diego. Can you tell me what county the property was in?

Customer: replied 8 years ago.
SAN DIEGO
Expert:  Ed Johnson replied 8 years ago.

Dear Widjet,

 

Thanks. I just wanted to make sure that San Diego did not have a circumventing law.

 

California law provides that property tax will not be reassessed on a transfer between parents and children. The transfer of this proeperty you and your siblings is qualified for this treatment.

 

BUT sibling to sibling transfers are not exempt. So if you transfered the property between you, it would have wiped that out.

 

The key here is that there can be no reassessment of value.

 

They can raise the taxes up to 2% per year based on mill rates. If they had not done that over the years, when the property is transfered at inheritance, all the mill rate increase that did not historically occur can be included and brought up to date even while the assessed value reamins the same as it did for your parents.

 

If this tax bill indicates that the property was reasseded in value higher, then you need to file an appeal.

 

http://www.sdcounty.ca.gov/cob/faq.html#2

 

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