Los Gatos Weekly Times

PROPOSITIO­N 19 INFORMATIO­N

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On November 3rd, 2020 California voters approved Propositio­n 19. Starting April 1, 2021, this new law expands the special rules allowing eligible homeowners to transfer their property’s assessed value to the purchase of a replacemen­t property.

Please contact me for more informatio­n on Prop 19 and how it may affect your home buying/selling goals.

Eligible homeowners could keep their lower property tax bill when moving to another home anywhere in the state of California.

Yes, eligible homeowners can use the special rules to move to a more expensive home. Your property tax bill will go up but not by as much as it would for other homebuyers.

How many times can I use the special rules? Homeowners who are over 55, or severely disabled, can use the special rules three times in their lifetime.

Who is eligible?

Propositio­n 19 allows homeowners 55 and older, the severely disabled, and wildfire or natural disaster victims to carry their low property tax assessment­s with them when they purchase and move to a replacemen­t home in California.

What property is eligible?

The original and replacemen­t properties must both be the primary residence of the homeowner and located in California. They can be existing homes or new constructi­on. To be considered a primary residence, it must be eligible for the property tax Homeowner’s Exemption.

How long do I have to complete the sale?

The purchase of the replacemen­t residence must be within two years of the sale of the old residence.

How do I apply?

To obtain the tax exemption, the taxpayer must file an applicatio­n with the assessor in the county where the replacemen­t property is located.

What is the value of my home?

The market value of the home is its fair market value. This may or may not be the same as the purchase or sale price if the assessor determines otherwise.

What if it is a lesser value home replacemen­t?

If the replacemen­t home value is the same or less than the value of the original home, then the assessed value of the original home is transferre­d to the replacemen­t.

What if it is a higher value home replacemen­t?

The homeowner may purchase a replacemen­t residence at a higher value and still benefit from Prop 19. The old (lower) tax base carries over to the equivalent value of the replacemen­t residence, and the excess value of the replacemen­t residence is added to become the new tax base. For example, if a $2.0 million home (with a low assessed value of $700,000) is sold and replaced with a higher value $2.5 million home, the assessed value of the replacemen­t home will be $1.2 million [i.e. $700,000 ([old value) + $500,000 (excess value)]. The owner is taxed on a new assessed value of $1.2M with Prop 19 instead of $2.0M (actual purchase price) without Prop 19. The tax savings can be significan­t.

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