Prop 19’s New Laws for Property Tax Exemption

Proposition 19 has now passed in California, and with it brought changes to how property tax is reassessed for some purchases, effective April 1, 2021. The new law replaces Prop 60 and Prop 90, and affects replacement property by homeowners who are over 55, severely disabled, or whose home has been substantially damaged by wildfires or natural disaster, allowing the homeowners to transfer their original home’s taxable value to a replacement property. It’s unclear as of yet how properties sold prior to April 1 will be treated if the replacement purchase occurs after this date. Regardless, the replacement purchase must occur within two years of the original property’s sale.

Under prior law, this type of reassessment could only be applied if the purchase was made in the same county as the prior residence or in specific counties. Under new law, it applies throughout California. Additionally, prior law required by the replacement home to have equal or lesser value than the original home. Prop 19 has provisions for an adjusted rate in the circumstance that the value is greater, calculated as the original home’s taxable value plus the difference between the replacement home’s purchase price and the original home’s sale price. This reassessment can be applied up to three times, or indefinitely any time that it is applied under the provisions for substantial property damage.

Photo by Markus Winkler on Unsplash

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