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Propositions
Parent-Child Transfers (Prop. 58)
Real estate that is transferred from parent(s) to child(ren), or from child(ren) to parent(s) may be excluded from reassessment. (Revenue and Taxation Code, Section 63.1)
The established Prop. 13 taxable value is not affected by the transfer.
The new owner's taxes are calculated on the established Prop.13 value, instead of the current market value when the property is acquired.
$1 million limit (taxable value) on transfers of non-principal residence property.
No dollar limitation on the original owner's principal residence.
Generally, transfers between legal entities (i.e., corporations, partnerships) that are owned by parents or children do not qualify.
 
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Grandparent-Grandchild Transfers (Prop. 193)
Real estate that is transferred from grandparent(s) to their grandchild(ren) may be excluded from reassessment. (R&T Code, Section 63.1)
Parents of the grandchild must be deceased as of the date of transfer.
The established Prop. 13 taxable value is not affected by the transfer.
Taxes are calculated on the established Prop.13 value.
One million dollar limit (taxable value) on transfers of non-principal residence property.
No dollar limitation on grandparent's principal residence unless the grandchild has previously received property excluded under a Prop. 58 (parent/child) exclusion.
Generally, transfers directly between legal entities (i.e., corporations, partnerships) that are owned by grandparents do not qualify.
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Property Substantially Damaged by Disaster (Prop. 50)
Taxpayer's whose property has been destroyed or damaged in a Governor declared disaster area can transfer the Prop.13 base year value to a comparable property. (R&T Code, Section 69)
Property is "substantially damaged or destroyed" if it sustains physical damage amounting to more than 50% of the property's market value before the disaster occurred.
Damage includes a property's loss in value due to permanently restricted access caused by the disaster.
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Contaminated Property (Prop. 1)
Residential property must be deemed uninhabitable due to environmental contamination.
Non-residential property must be deemed unusable due to environmental contamination.
A state or federal agency must designate the property as an environmentally hazardous site.
If the owner of the property caused the problem, he/she cannot transfer the base year value to a replacement property.
If the owner was aware of the contamination when the property was acquired, he/she cannot transfer the base year value to a replacement property (Article XIIIA, Section 2(i)).
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Property Owners At Least 55-Years Old - Within County (Prop. 60)
Prop. 60 is a constitutional amendment approved by the voters of California in 1986. It is codified in R& T Code, Section 69.5, and allows homeowners who are at least 55-years of age to transfer an existing Prop. 13 factored base year value to a replacement residence located within the same county, if certain qualifying conditions are met.
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Property Owners At Least 55-Years Old - Between Counties (Prop. 90)
Prop. 90 is a constitutional amendment approved by the voters of California in 1988. It is codified in R&T Code, Section 69.5, and allows homeowners who are at least 55-years of age to transfer an existing Prop. 13 factored base year value to a replacement residence located in a different county, if certain qualifying conditions are met. Some counties have not adopted local ordinances to implement Prop. 90. Before attempting to transfer your base year value to another county under the provisions of Prop. 90, you should contact the local county Assessor to discuss eligibility.
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Severely and Permanently Disabled Property Owners (Prop. 110)
Prop. 110 is a constitutional amendment approved by the voters of California in 1990. It is codified in R&T Code, Section 69.5, and allows homeowners who are severely and permanently disabled to transfer an existing Prop. 13 factored base year value to a replacement residence, if certain qualifying conditions are met. Some counties have not adopted local ordinances to implement Prop. 110. Before attempting to transfer your base year value to another county under the provisions of Prop. 110, you should contact the local county Assessor to discuss eligibility.
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Property Taken By Government Action - Eminent Domain (Prop. 3)
Prop. 3 was a constitutional amendment approved by the voters of California in 1982. It is codified in R&T Code, Section 68, and allows property owners to transfer the Prop. 13 factored base year value of real property taken by government action to a comparable replacement property located anywhere in California, if certain qualifying conditions are met. Value limits and other requirements apply. Proof of displacement and supporting documentation are required.
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If you have any questions or need a form, please call (714) 834-2727.
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