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#4
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| "D. Stussy" <kd6lvw[at]bde-arc.ampr.org> wrote: - quote - > Bob Oaks wrote:
You are referring to Prop 60 and Prop 90. Prop 60 allows for> > As I understand it, I can sell my house and buy another in > > the same county (and in some cases other counties) and take > > my lower property tax with me. The restriction is that the > > new house has to cost less than the sale of the old house > > (principal residences in both cases). However, what if I > > sell my house and buy two flats, using one of them as > > principal residence and renting the other? If the two flats > > cost more than the sale of my old house, is there any way to > > transfer all or part of my old tax basis? > By saying "Prop 13," I assume that you are in California. > Any transfer is definently one property for ONE, not two. I don't recall that > being part of "Prop 13"(1976?), but it may have been a later provision (e.g. > "Prop 58" was the parent-child transfer, "218"(?) the grandparent-grandchild > one, etc.). Also, I do recall that there is a provision for property tax > purposes for involuntary conversions. > The CA R&TC (without legislative history) is on-line for viewing: > http://www.leginfo.ca.gov/.html/rtc_..._contents.html > Property taxes are first up in the TOC. an intra-county transfer for senior citizens and certain disabled persons. Several additional criteria must be met, including limitations on the value of the properties. Prop 90 is a similar provision for inter-county transfer, but unlike Prop 60 is limited to counties who participapte in the program. Parent-child transfers are generally not subject to Prop 13 reassessment under section 62(a)(2) of the California Revenue and Taxation Code. Regarding the acquisition of multiple units, one of them must be the new principle residence. An individual who sells a single family property occupied as his/her principal residence may purchase a duplex as a replacement dwelling and have the base year value of the former transferred to his/her portion of the duplex. In determining whether or not the base year value may be transferred, all of the requirements of R&TC section 69.5 must be satisfied. The value equivalency requirement is satisfied if the value of the portion of the duplex occupied as a principal residence is equal to or less than the value of the original residence. The remainder of the duplex would be appraised at its full cash value as of the date it sold, and that value would become the new base year value for that portion of the duplex. Timothy E Kelly, Esq. Certified Specialist, Taxation Law State Bar of California Board of Legal Specialization << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#3
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| Bob Oaks wrote: - quote - > As I understand it, I can sell my house and buy another in
No. It is principal residence to principal residence. It's> the same county (and in some cases other counties) and take > my lower property tax with me. The restriction is that the > new house has to cost less than the sale of the old house > (principal residences in both cases). However, what if I > sell my house and buy two flats, using one of them as > principal residence and renting the other? If the two flats > cost more than the sale of my old house, is there any way to > transfer all or part of my old tax basis? for those age 55 or greater. There's a two year window. Prop 60 and 90 are the two propositions that created the ability to transfer the assessment. Last time I looked the following counties allowed inter-county transfers with each other: Alameda, Orange, Kern, Monterey, San Diego, San Mateo, Modoc, Los Angeles, Santa Clara, Ventura. Go to the assessor's website for any of those counties and you can find information and forms on Prop 60 and 90. -- Alan http://taxtopics.net << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#2
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| Bob Oaks wrote: - quote - > As I understand it, I can sell my house and buy another in
No. It is principal residence to principal residence. It's> the same county (and in some cases other counties) and take > my lower property tax with me. The restriction is that the > new house has to cost less than the sale of the old house > (principal residences in both cases). However, what if I > sell my house and buy two flats, using one of them as > principal residence and renting the other? If the two flats > cost more than the sale of my old house, is there any way to > transfer all or part of my old tax basis? for those age 55 or greater. There's a two year window. Prop 60 and 90 are the two propositions that created the ability to transfer the assessment. Last time I looked the following counties allowed inter-county transfers with each other: Alameda, Orange, Kern, Monterey, San Diego, San Mateo, Modoc, Los Angeles, Santa Clara, Ventura. Go to the assessor's website for any of those counties and you can find information and forms on Prop 60 and 90. -- Alan http://taxtopics.net << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#1
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| Bob Oaks wrote: - quote - > As I understand it, I can sell my house and buy another in
By saying "Prop 13," I assume that you are in California.> the same county (and in some cases other counties) and take > my lower property tax with me. The restriction is that the > new house has to cost less than the sale of the old house > (principal residences in both cases). However, what if I > sell my house and buy two flats, using one of them as > principal residence and renting the other? If the two flats > cost more than the sale of my old house, is there any way to > transfer all or part of my old tax basis? - quote - > Any transfer is definently one property for ONE, not two. I don't recall that
"Prop 58" was the parent-child transfer, "218"(?) the grandparent-grandchildbeing part of "Prop 13"(1976?), but it may have been a later provision (e.g. one, etc.). Also, I do recall that there is a provision for property tax purposes for involuntary conversions. The CA R&TC (without legislative history) is on-line for viewing: http://www.leginfo.ca.gov/.html/rtc_..._contents.html Property taxes are first up in the TOC. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| Bob Oaks wrote: - quote - > As I understand it, I can sell my house and buy another in
being over 55, exceptions for disabled, ... A Google search> the same county (and in some cases other counties) and take > my lower property tax with me. The restriction is that the > new house has to cost less than the sale of the old house > (principal residences in both cases). However, what if I > sell my house and buy two flats, using one of them as > principal residence and renting the other? If the two flats > cost more than the sale of my old house, is there any way to > transfer all or part of my old tax basis? > (is prop 13 so famous that everyone knows this is a California specific topic?) There are other restrictions, like one spouse quickly finds details. - quote - > Whatever answer you get, you might want to verify it, in writing,
Clara County assessor has, I believe (weasel words), changed hiswith the County Assessor where the flats are located. The Santa mind on deals that were agreed to up to three years earlier (at least those paying the taxes thought they had agreement). dick w << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#-1
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| As I understand it, I can sell my house and buy another in the same county (and in some cases other counties) and take my lower property tax with me. The restriction is that the new house has to cost less than the sale of the old house (principal residences in both cases). However, what if I sell my house and buy two flats, using one of them as principal residence and renting the other? If the two flats cost more than the sale of my old house, is there any way to transfer all or part of my old tax basis? << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| prop, tax, transfer |
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