Official Summary Text
SB 293, Pérez.
Real property tax: transfer of base year value: generational transfers: wildfire.
(1) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property, defined as the county assessor’s valuation of real property as shown on the 1975–76 tax bill and, thereafter, the appraised value of the property when purchased, newly constructed, or a change in ownership occurs after the 1975 assessment, subject to an annual inflation adjustment not to exceed 2%. Existing property tax law provides that the purchase or transfer of the principal residence, and the first $1,000,000 of other real property, of a transferor in the case of a transfer between parents and their children, or between grandparents and their grandchildren if all the parents of those grandchildren are deceased, is not a “purchase” or “change in ownership” for purposes of determining the “full cash value” of property for taxation.
The California Constitution, pursuant to Proposition 19, adopted by the voters at the November 3, 2020, general election, beginning on and after February 16, 2021, excludes from the terms “purchase” and “change in ownership,” for purposes of determining the “full cash value” of property, the purchase or transfer of a family home or family farm, as those terms are defined, of the transferor in the case of a transfer between parents and their children, or between grandparents and their grandchildren if all the parents of those grandchildren are deceased, as specified.
Existing law requires a filing to be made with regard to a transfer that is eligible for the above-referenced exclusions, and sets various deadlines, including a requirement to file six months after the date of mailing of a notice of supplemental or escape assessment, issued as a result of the purchase or transfer of real property for
which the claim is filed.
This bill would require a filing for a transfer that is eligible for the above-referenced exclusions to be treated as timely if the filing is made within three years of the date of mailing of a notice of supplemental or escape assessment if specified requirements are met, including a requirement that the assessor reassesses the property as a result of that property being damaged or destroyed by the 2025 Palisades Fire, Eaton Fire, Hurst Fire, Lidia Fire, Sunset Fire, or Woodley Fire, for which the Governor proclaimed a state of emergency. The bill would only apply this exception to claims filed before January 1, 2031. By expanding the duties of local tax officials, this bill would impose a state-mandated local program.
(2) The California Constitution declares that all
property is taxable, except as provided, and establishes or authorizes various exemptions from tax for real property, including a homeowners’ exemption in the amount of $7,000 of the full value of a dwelling that may be applied unless the dwelling receives another real property exemption. The California Constitution and existing property tax law establish a disabled veterans’ exemption in the amount of $100,000 or $150,000 for the principal place of residence of a veteran or a veteran’s spouse, as specified. Existing law requires a transferee to file for the homeowners’ or disabled veterans’ exemption within a year of the transfer.
This bill would instead require that a filing for the homeowners’ or disabled veterans’ exemption be treated as timely if it is filed within a year of the date of mailing of a notice of supplemental or escape assessment if specified requirements are met.
The bill would only apply this exception to claims filed before January 1, 2031.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.