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Richard
Richard, Tax Attorney
Category: Tax
Satisfied Customers: 54001
Experience:  29 years of experience as a tax, real estate, and business attorney.
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What are the rules for transferring Prop 13 to a new home?

Customer Question

What are the rules for transferring Prop 13 to a new home?
Submitted: 3 years ago.
Category: Tax
Expert:  Richard replied 3 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Here are the rules regarding your question pursuant to the Howard Jarvis Taxpayers Association which is "DEDICATED TO PROTECTING PROPOSITION 13 AND PROMOTING TAXPAYERS' RIGHTS" (http://www.hjta.org/faq#proptax_4):


"Proposition 60, which was passed with HJTA leadership in 1986, allows seniors to transfer the base year value of their home when they sell that home and buy another in the same county, and meet other conditions specified in the law, including: (a) Both properties must be located in the same county and be eligible for the Homeowners' Exemption; (b) You must be at least 55 years of age; (c) The replacement dwelling must be of equal or lesser value (sales price) than the original property; and (d) The replacement dwelling must have been acquired or newly constructed within two years of the sale of the original property.

Proposition 90, approved in 1988, also extends the transfer of assessed valuation to those moving into other counties within the state. However, participation by each county is voluntary and not many counties adopted Proposition 90, so it is important to check with the Board of Supervisors and County Assessor's office in the county to which you plan to relocate before selling your present home and buying a new one.

Note that Propositions 60 and 90 provide only a one-time exemption. The claimant and/or claimant's spouse or any co-owner must not previously have been granted the property tax relief provided by Section 69.5 of the Revenue and Taxation Code."



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