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Proposition 19, The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act, was passed by California voters on November 3, 2020. The provisions of Proposition 19 that relate to the Parent-Child Exclusion and the Grandparent-Grandchild Exclusion become operative on February 16, 2021. The provisions of Proposition 19 that relate to base year value transfers become operative on April 1, 2021. Please visit the State Board of Equalization’s website at https://boe.ca.gov/prop19/ for the latest information available on Proposition 19 and its impact on these exclusions.
For property tax purposes, a change in ownership in real property is the transfer of a present interest in real property, including the transfer of the rights to the beneficial use thereof (Revenue and Taxation Code 60). Often a change in ownership occurs upon the purchase, sale, gift, or inheritance of real property. Generally, a change in ownership will initiate a reassessment of any property; however, certain exclusions may apply as outlined:
No. An interspousal transfer will not result in a reassessment.
Generally, refinancing will not cause a reassessment of the property as long as you do not add or delete someone from the title. If you add or delete someone from title, the person contending that the change in ownership is only for refinancing purposes has the burden of proving that assertion.
In general, the transfer of any interest in real property to a corporation, partnership, limited liability company, or other legal entity is a change in ownership of the interest transferred and will be reassessed.
Exceptions: Transfers between individuals and legal entities or between legal entities which result solely in the method of holding title and in which the proportional ownership interest remained the same before and after the transfer are not subject to reassessment. If this applies, the property owner will be required to provide documentation to the Assessor’s Office such as but not limited to, corporation papers listing all stockholders and/or all stock certificates issued with voting rights, articles of organization; or partnership agreements listing all members and their percentages of interest; or the operating agreement listing all members and their percentages of interest in the limited liability company.
If you want to add, change or remove a name from the property tax records, you must submit for recording appropriate deeding type documents with the County Clerk-Recorder in Auburn. Concurrently, with the document(s) submitted, an appropriate Change in Ownership Statement for the Assessor’s Office must be attached or additional fees may be charged. Change in Ownership Forms are available on the Assessor’s website.
Before you record any document, speak with your tax advisor or seek legal counsel for information about any potential reassessment (tax increase) or legal implications that may result from your recordation.
Generally, yes. However, the property may qualify for a reassessment exclusion, if one of the following conditions applies:
A Change in Ownership Statement Death of Real Property Owner (BOE-502-D) form (PDF) must be filed with the Assessor’s Office within 150 days after the property owner’s death. Additional documents may be needed:
No. State law excludes from reassessment property transferred between husband and wife, and registered domestic partners. Registered Domestic Partners are two people who have filed a Declaration of Domestic Partnership with the California Secretary of the State.
Yes. However, the co-tenant may qualify for reassessment exclusion. In order to qualify a claim for an Affidavit of Cotenant Residency (BOE-58-H) (PDF) must be filed with our office.
Yes. A change in ownership occurs upon the date of death of the owner of the property, also referred to as the trustor, or present beneficiary of the trust. Generally, the change in ownership and, if applicable, the date of reassessment, is the date of the death of the property owner, not the date of distribution to the heirs, or successor beneficiaries.
No. In order to receive reassessment exclusion, a Claim for Reassessment Exclusion for Transfer between Parent and Child (BOE-58-AH) (PDF) must be filed with our office within a specified time frame. A claim must be filed within three years after the date of transfer (event), or prior to transfer to a third party, whichever is earlier, or within 6 months after the mailing of the notice of supplemental or escape assessment.
If the time requirements have expired, and the property has not been transferred to a third party, a claim can still be filed, however, the exclusion will only apply to future tax years.
Yes, A claim must be filed within three years after the date of transfer (event), or prior to transfer to a third party, whichever is earlier, or within 6 months after the mailing of the notice of supplemental or escape assessment. If the time requirements have expired, and the property has not been transferred to a third party, a claim can still be filed, however, the exclusion will only apply to future tax years.
In some cases, yes. Transfers from grandparent to grandchild are eligible for reassessment exclusion only if all the parents of the grandchild, that qualify as children of the grandparent, are deceased. In order to receive an exclusion, a Claim for Reassessment Exclusion Transfer from Grandparent to Grandchild (BOE-58-G) (PDF) must be filed with the Assessor's office within a specific time frame. A claim must be filed within three years after the date of transfer (event), or prior to transfer to a third party, whichever is earlier, or within 6 months after the mailing of the notice of supplemental or escape assessment.
The Assessor’s office does not provide owner name information on their website. However, you may contact the Assessor’s office at 530-889-4300 or submit a Contact Us Inquiry via Assessor’s Contact Us page. Be sure to provide the Assessor’s Identification Number and/or complete address of the property you are inquiring about.