Your Source for Timely and Accurate Property Tax News and Information. PropertyTaxNews.org is a top resource for California Proposition 58, Proposition 19 & Proposition 13 property tax information. Learn about Transferring Property Taxes, and obtaining a Parent to Child Property Tax Transfer in inherited homes in California.
Most CA property owners back Prop 13, and Proposition 58. And it’s worth pointing out that California Proposition 13, also called The People’s Initiative to Limit Property Taxation, voted into law as an amendment of the Constitution of California – is, after 42 years, even more popular today as it was when Californians voted it into law on June 6, 1978. (Interestingly enough, the same date memorializing the Normandy landings, D-Day on June 6, back in 1944.)
As a matter of fact, CA Proposition 13 was championed early on, and driven successfully through numerous political obstacles, by the famous Howard Jarvis Taxpayers Association… whose CEO, Mr. Jon Coupal, took over the Chief Executive reigns in 1999, and is largely responsible for leading the charge for accelerated property tax relief in California, right up to the present.
There are many reasons that most CA property owners back Prop 13, Proposition 58, and usage of the parent to child transfer of all types of real property in California. Financial analysts tell us, in no uncertain terms, that Proposition 13 has saved California taxpayers over $528 billion – saving the average middle class California family more than $60,000 to-date… and counting.
A clear-cut majority of home owners in California still support Proposition 13, and Proposition 58, for parent to child transfer of property, parent to child exclusion from property reassessment, or Proposition 193 involving grandparent to grandchild property transfers, when inheriting property taxes – which has, after 1986, enabled families with home owners to transfer real property from parent to child, and keep parents property taxes, without being reassessed at present day tax rate increases.
As long as California property owners want to take advantage of property tax relief… with the use of unhampered parent to child transfer of properties; and the ability to avoid property tax reassessment when inheriting property taxes… with the lawful right to keep parents property taxes — the public will find a way to retain these property tax breaks, despite constant efforts to unravel or water-down critical property tax relief elements voted into law in 1978 with Proposition 13, and in 1986 with Proposition 58.
In other words, Californians will fight hard no matter what, to keep their property tax breaks, to keep parents property taxes; to protect property tax transfer, no matter how many times opposing political parties try to destroy property tax relief in the state of California.
|Transferring Property Taxes is discussed here, in various posts, within this Property Tax News Achieve.|
Even though most CA property owners support Proposition 13, as well as Proposition 58 and 193 – opponents of Prop 13 and Prop 58 appear to be, when all is said and done, after more cash from tax payers in California. A stubborn minority that simply opposes property tax relief, such as special interest politicians in the pocket of certain powerful people in select sectors of the real estate business.
Moreover, we shouldn’t forget financially and politically driven local and state government employee union bosses, plus some poorly informed independent realtors and educational system administrators with tunnel vision… A few mainstream newspapers like the SF Chronicle and LA Times, with an interest in big-bucks real estate advertising – and of course your hard core local government tax collectors – who are simply after more hard cold cash from tax payers in California… plain and simple.
The critics of these property tax relief initiatives still seem to be laboring under the long-held misconception that there would be more cash coming into the real estate business, and into state coffers, were it not for the lack of present-day real property value reassessment associated with Proposition 13 and Prop 58… directly affecting California tax revenue.
Frankly, after examining the facts driving these property tax issues, it is plain to see, for anyone that is really looking… that these long held misconceptions that critics of property tax relief cling to so tightly, and in fact exactly that – nothing but misconceptions.
Please explore our vast archive of information on California Property Tax News located here.
Information on California Property Tax Acts
California Proposition 19 is the Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act. Prop 19 was approved by California voters on November 3, 2020. California Proposition 19 takes effect on February 16, 2021. Proposition 19 modified California Proposition 58 by requiring that the child or children use the residence as their principal residence in order to avoid property tax reassessment. Additionally Prop 19 put a cap of $1,000,000 on the amount of property value that can be excluded from reassessment. (Curtesy of https://cloanc.com/)
California Proposition 58 became effective on November 6, 1986 and with certain limitations allows for the exclusion for reassessment of property taxes on transfers between parents and children. Proposition 193 provides some of the same exclusions as Proposition 58 for Grandparents and Grandchildren when all of the qualifying parents of the Grandchildren are deceased.
California Proposition 13
Recent Blog Entries
In a Pandemic depressed economy, with a tsunami of unemployed and under-employed workers floating around in every state… it’s obvious that middle class working families need to save more… and spend less – on items not classified as necessary for survival. Property taxes being one of those sort of artificial expenses imposed on citizens by the government.
One solution for this dilemma is property tax relief, which we talk about at length on this blog. Why not institute genuine property tax relief, not tax deferment as the state government has suggested, moving payment dates around. Clearly ineffective in a crisis like the one we’re in right now. California needs expanded property tax relief that’s even more wide reaching than what we have now.
We should be building on what we already have – not watering it down! Despite property tax breaks that no other state has, California could use expanded tax breaks from Proposition 19, to help homeowners establish an even lower property tax base, saving residents even more during a crisis like the pandemic we’re in right now. With an even greater ability to resolve inherited property conflicts between beneficiaries as well.
In other words, a beneficiary buyout of co-beneficiary property shares, while avoiding property tax reassessment, can be re-drawn so there is no 12-month deadline for beneficiaries to follow… Plus the ability to avoid property tax reassessment on certain investment properties that have revenue potential.
Residents need more opportunities in a depressed economy like we’re in now to drive revenue, not less. Solutions like inheriting property taxes in California 2021 need to be expanded statewide, and legally strengthened. Solutions and firms like that will help beneficiaries & homeowners buyout a sibling’s share of an inherited home as an investment property to rent out, not just to live in as a primary residence.
Every property owner should understand the details underlying Prop 19, and know what’s involved with a beneficiary buyout of sibling property shares, or “transfer of property between siblings”, and “lending money to an irrevocable trust“ – from an irrevocable trust lender. Every California homeowner and beneficiary inheriting property should know how a sibling to sibling property transfer works; keeping yearly taxes on property at parents low rates; and inheriting property taxes in California 2021.
Only California allows this, so it’s worth taking a closer look, and taking full advantage of. Take a look at the site managed by CA State Board of Equalization, at and research property tax breaks and Proposition 19 property tax relief revisions at Loan to a Trust and read up on updates to Proposition 19 at this blog, Property Tax News. There are also property tax consultants to learn from such as property tax specialist Michael Wyatt Consulting who are experts at property tax breaks that save homeowners, commercial property owners, and beneficiaries inheriting property thousands of dollars if not tens of thousands of dollars every year.
The well known president of Commercial Loan Corp, Kerry Smith is another expert to learn from, or to receive a trust loan from, if the need is there. Trust and Estate Loans is another source of excellent material, if you want to learn more about establishing a low base property tax rate through a trust loan, and Californians ability to execute a transfer of parents’ property and transfer of parents property taxes when inheriting parents property and inheriting property taxes during a property tax transfer with your parents’ low property tax base. If you’re going to own property in California, it’s worth it to know about your ability to avoid property tax reassessment, and to keep parents property taxes. Well worth it!
The official California “Voter Guide” (Official Voter Information Guide) tells us CA Proposition 19 actually protects Proposition 13 property tax savings; and “closes unfair tax loopholes used by wealthy out-of-state investors” — a subtle reference to East Coast investors, of which in reality there are relatively few families like this actually coming to California to inherit property from parents, under Proposition 13, and rent out to wealthy tourists.
This exaggerated claim has already been dis-proven, yet folks that support Prop 19 and continuously question property tax relief and Proposition 13, continue to repeat this false claim in the media — even though most CA property owners back Prop 13 and Proposition 58.
Newspapers have weighed in recently on Proposition 19: in terms of support…
• San Mateo Daily Journal: “This would enable people in high cost areas to move more easily, opening up room for new residents to the area.”
• The San Diego Union-Tribune: “While critics see this as a gift to the wealthy elderly, the great majority of older homeowners are middle-income, not rich. Allowing them (as well as disabled homeowners and wildfire or disaster victims) to downsize without suffering a huge property tax hit is a humane policy that helps people retire with much less financial stress. It would also promote fluidity in home sales, increasing the availability of larger homes for families with children and easing the phenomenon of Proposition 13 depressing the real estate free market by trapping empty-nesters in homes bigger than they need.”
And in opposition…
• Tahoe Daily Tribune: “It’s no secret that ballot initiatives can be confusing, but Proposition 19 takes obfuscation to a whole new level. Voters can’t be blamed if they can’t remember whether Prop. 19 is the initiative that is a massive property tax hike or the measure that actually has something good for homeowners or the initiative that has something to do with firefighting. The fact is, all three are at least somewhat true — especially the part about the big tax increase.”
• Mercury News & East Bay Times Editorial Boards: “Prop. 19 merely plugs one hole in the state’s porous property tax laws while creating another. It’s time for holistic reform that simplifies the system and makes it more equitable. This isn’t it. The longer a person had owned their current home, and already benefited from inordinately low tax bills due to Prop. 13, the greater the tax break on the new property. And those who downsize would often be competing with first-time buyers for more-affordable smaller homes. The real reform would be to abolish the tax-transfer program, not expand it.”
• The Bakersfield Californian Editorial Board: “Proposition 19 is another do-over on the ballot. Two years ago, the real estate industry spent $13 million on a similar initiative campaign to expand the program statewide and enhance the benefit for eligible homeowners. Sixty percent of voters rejected the initiative.”
• Los Angeles Times Editorial Board: “But Proposition 19 would just expand the inequities in California’s property tax system. It would grossly benefit those who were lucky enough to buy a home years ago and hold onto it as values skyrocketed. It would give them a huge tax break and greater buying power in an already expensive real estate market. It would skew tax breaks further away from people who don’t own a home or who may be struggling to buy one.”
• San Francisco Chronicle Editorial Board: “[Proposition 19] is still a flawed package, designed to rev up home sales that benefit real estate agents who could reap more in commissions. It favors one narrow segment of the tax-paying public but does nothing for the rest of the state’s home buyers. The measure shows the convoluted extremes that California’s tangled property tax system produces.”
Whichever way you see it, it’s fairly clear that Proposition 19 is a billion-dollar tax increase on families. It limits one of the best tools parents have to help their children — the right, enshrined in California’s Constitution since 1986, to pass their home and other property on without any increase in property taxes, as a Proposition 19 parent to child transfer.
On the other hand, Proposition 19 still allows residents to avoid property tax reassessment, as long as families move into inherited property inside 12 months, and only as a primary residence.
California beneficiaries inheriting property from parents can still work with trust lenders to get a loan to a trust — you can also get a trust loan to buyout co-beneficiaries, while locking in a low property tax base… You can still easily buyout co-beneficiaries with a transfer of property between siblings. Beneficiaries can always take advantage of a property tax transfer — in other words, transfer parents’ property taxes to themselves under Prop 19, what used to be Prop 58… and keep parents property taxes after inheriting property, and inheriting property taxes, for as long as they live in their inherited home… as a standard Proposition 19 parent to child transfer or parent to child exclusion from current property tax rates.
Moreover, Prop 19 will in fact generate additional property tax revenue, that will supposedly be put to good use in the state of California. So, it cuts both ways.
Jeanne Radsick, president of The Realtors Group, said recently: “it’s vital for homeowners who may be empty-nesters or who are looking to move for health reasons to have more options. And if they can maintain stable tax basis, they can live a similar life. There’s not enough senior housing to accommodate older folks otherwise.”
Still, beneficiaries of Proposition 19 are those who already benefited the most under the state’s existing property tax laws. Homeowners 55 and older in California are more likely to be older and not poor. Although, an analysis of Proposition 19 by the California Budget and Policy Center, has some interesting things to say. They are a non-profit that is an advocate for working families and lower-income Californians….
At any rate, their analysis tells us that homeowners in California tend to be more white and wealthier and older. They seem to be forgetting that homeowners also happen to be middle class and blue collar; but the study ignores the fact that middle class and working families are the principle users of Proposition 13, Proposition 58 and now of course Prop 19 exclusion for reassessment of property taxes. Although, the real estate industry does i fact stand to benefit from the increase in home sales that is expected as a result of the Prop 19 measure. But there’s nothing we can do about it, so we may as well focus on what we can do to lower property taxes.
However. Property tax relief is not chiefly for wealthy Californians nor was it meant for them. In fact if you crunch the numbers without bias, the high volume of beneficiaries using trust loans to buyout siblings, establishing a low property tax base; while using the parent to child exclusion to avoid property tax reassessment… are mostly middle class. Not millionaires. We don’t quite follow why they keep making that argument. Millionaires surely aren’t the only folks interested in Proposition 13 and Prop 58, property tax transfer, or rather the ability to transfer parents property taxes, to keep parents property taxes while inheriting property taxes during a parent to child transfer, or parent to child exclusion.
We certainly see more working families and upper middle class families buying out a siblings’ share of a mutually inherited home, than we do corporate CEOs. Another key Proposition 58 benefit… allowing for the exclusion for reassessment of property taxes on transfers between parents and children. Not just for rich people!
Ms. Radsick said that protecting Realtors’ interests was not a driving force behind the push for Proposition 19. “It is not about making money for the Realtors, for crying out loud,” she said. “It’s about tax fairness for people who need help.” We need to sit back and really ponder that statement.
Liam Dillon at the Los Angeles Times had some interesting views on the evolving property tax breaks available to Californians. He writes: “The biggest winners under Proposition 19 would be homeowners 55 and older who would pay lower property taxes when moving to a new, more expensive residence. Currently, homeowners who are 55 or older have a one-time opportunity to retain their existing tax benefits if they move to a home of equal or lesser value within the same county. They can do the same when moving between Los Angeles and nine other counties.“
Mr. Dillon goes on to say: “Proposition 19 would further ease the tax burden by allowing the same group of senior homeowners to blend the taxable value of their old house with the purchase price of a new, more expensive home, reducing the property tax payment they’d otherwise face. Disabled homeowners would receive the benefit as well. The rules under Proposition 19 would extend to every county in the state, and homeowners could take advantage of the break as many as three times when they decide to move.”
The downside, from our viewpoint, is the fact that given higher property taxes, using inherited homes as rental properties may soon become unprofitable, without raising rents significantly… and that is not likely to be an effective long-terms solution. The fact of the matter is, these new property tax laws may encourage a lot of residents to sell properties they own, that they intended to leave to their heirs. Hence, realtors and brokers make more money, and that was one intention right from the beginning for Prop 19.
The concern surfacing among analysts revolves around the possibility of important companies leaving California for more business-friendly, lower-taxed states, taking their jobs with them. As well as young white collar folks in their 20s and 30s, seeking more affordable property to settle into in nearby states; with a new job; focused on raising a family where they won’t get blasted every year with super high property taxes and income taxes, along with a high cost of living.
But, on the other hand… Higher property taxes or not, California will always be an attractive place to live. There is still exclusion for reassessment of property taxes; there is still sunshine 12 months per year, an ocean nearby, convenient cities and beautiful rural areas 30 minutes away. And you can always find a good deal on most things, if you look for it. People are always going to want to live in California.
Gifting property to adult children is a great thing to do, no matter the tax breaks – and thankfully, if you live in California and inherit property in that state, you do not need to be mega wealthy with $1,200 per hour tax lawyers to be able to avoid property tax reassessment, or to learn how to use a trust to save on taxes or to buy out siblings’ shares in your inherited real estate… with a trust loan.
Putting it bluntly, it doesn’t hurt to live in a state like California, where you get to save tens of thousands in tax breaks every year, compared to other states…. or compared to California the way it was pre-1978 before Proposition 13, and later in 1986 with Proposition 58, when you started to be able to keep parents property taxes when you’ve inherited property and are able to transfer parents property taxes, inheriting property taxes on a property tax transfer with a simple parent to child transfer or as lawyers call it, parent to child exclusion. Or perhaps lucky to be anywhere, if you can keep that house you inherited in your name, and you have a very good accountant! Another point – why trusts aren’t just for wealthy folks to save on income tax.
There are trust lenders providing trust loans in California to cure family estate problems, with some beneficiaries insisting on selling inherited property – and no one can agree what the property value is, whether the local tax assessor is right or wrong; or whether to sell or not to sell. This is most likely one reason, besides saving on property taxes, that many property tax consultants and tax attorneys firmly believe that lawmakers in every state should pass property tax relief bills that make sense.
It would be advisable for homeowners and beneficiaries inheriting property to go to websites focused on CA Proposition 19, Prop 13, Prop 58, and Proposition 60… such as Michael Wyatt Consulting and Trust and Estate Loans info-sites or irrevocable trust lenders, or perhaps niche California focused property tax relief blogs like this one, Property Tax News. Which is simply to straighten up and learn more about why property tax relief is crucial to California, and would be an economic life-saver to other states, if they were to surprise everyone and gain some genuine leadership, along the lines of what New York has. So the middle class (not just the millionaires) can live in comfort and security.
As every state in America is now in the throes of a relentless pandemic, with a disastrous affect on businesses and unemployment within local and state economies… lawmakers in every state would be wise to look at passing a property tax relief bill that would give consumers some financial relief, for example as CA Proposition 13 did in beginning in 1978 and Proposition 58 did in the beginning of that Amendment in 1986, giving Californians the ability to transfer parents property taxes.
It seemed like a miracle for middle class homeowners in California… and beneficiaries to trusts inheriting a home from parents. Enabling a property tax transfer solution from parents and grandparents when inheriting a home, and likewise inheriting property taxes – with a parent to child transfer or parent to child exclusion… the urgent need to keep parents property taxes was all of a sudden a reality, thanks to Howard Jarvis and colleagues, regardless of their deeper motivations – and of course the ability to transfer parents property taxes when inheriting property; avoiding property tax reassessment to keep property taxes low, and to have the ability to utilize trusts for a lower tax base – for all Americans; not just for corporate CEOs, VIPs and wealthy families in Beverly Hills, in Santa Barbara, the Marina in San Francisco, or similar locales.
History Lesson on Property Tax Relief: Support & Opposition
2020 was an extremely motivated time for pent up anti property tax relief movement in California. The deceptively entitled “2020 Proposition 13” went to voters on March 3, 2020. This tax hike would have increased California’s overall debt; compelling the state’s school districts to issue more debt, raising property tax bills all across the state. It did not pass, and to put it bluntly, was an utter waste of time and taxpayer’s money.
Unlike Proposition 13 passed by voters in 1978, this 2020 version of Proposition 13 would have doubled the debt caps that currently limit how much bond debt local school districts can acquire. The 2020 Proposition 13 caps on local bond debt would have been increased from 1.25% of assessed property value to 2% for elementary and high school districts, and from 2.5% to 4% for school and community college districts.
The extra property tax revenue from 2020 Prop 13 would have gone into pockets not into roads. The 2020 Proposition 13 tax hike would have cost taxpayers $740 million per year for 35 years. The cash mainly going to construction-worker unions and contractors that hire everyone, with priority spending going to people working on projects in districts that have signed labor agreements that those in power prefer. As we know, the so-called 2020 Proposition 13 failed.
Prop 15 and the Near End of Commercial Property Tax Relief
Even more dangerous for California, the 2020 Proposition 15 tax hike that was proposed to voters across all 58 counties would have removed the right for commercial property owners to avoid property tax reassessment. This would have raised property taxes on all commercial and business property owners, which would have raised commercial store rents, office and apt. rentals, rentals on all business tenants would have gone up. This would in turn have increased prices on all goods and services throughout the state of California. Considering the outcome on middle class residents and working families, it would not have been a pretty picture.
Supporters of the Proposition 15 campaign raised over $67.6 million mostly from foundations and public service unions. The top three contributors were the Chan Zuckerburg Initiative, California Teachers Association, and SEIU California. Supporters say Prop 15 is a broad coalition of 1600 organizations launched by civil rights organizations, housing groups, parents, teachers, nurses, firefighters and community-based organizations who advocate for equality and justice for communities of color
Opposition to Proposition 15 Campaign has raised over $73.1 million mostly from land developers, agricultural interests and golf and country clubs. The largest donor is the California Business Roundtable Issues PAC that has contributed more than $38 million to the No on 15 Campaign. The Business Roundtable’s biggest donors are New York-based Blackstone Property Partners who gave $7 million and Michael Hayde, CEO of the Irvine real estate investment firm Western National Group, who gave $4.5 million.
Despite the massive effort towards promoting and passing this tax hike, voters were not sufficiently confused or conned into backing the bill en mass… and they rejected this tax increase on commercial properties, supposedly depriving the California school system of what allegedly could be a significant source of consistent revenue. Although the true intended recipients of this extra commercial property tax revenue remained under questions… and backers of Proposition 15 – the first major effort to cut into beloved property tax relief afforded by Proposition 13 since it was voted into law in 1978 – finally conceded defeat, and California heaved a statewide sigh of unified relief.
The question remains – would economic collapse of the statewide consumer base and working family structure in California have been worth a few extra dollars for the educational system, which is doing relatively well as is?
Last Minute Promotion of Snake Oil Sales to California Voters
Motivated, determined and relentless opponents to property tax relief in California came up with a last minute tax hike measure, Proposition 19 – and the CA Association of Realtors shoved $35 Million at the CA Legislature to promote this unusually deceptive bill, after suffering significant tax hike losses. They managed to confuse enough voters with disingenuous and deceptive public relations to get Proposition 19 passed – by a hair – and watered down the critical Proposition 58 “parent-to-child exclusion” tax break for middle class beneficiaries and new homeowners.
This weakened California homeowners’ ability to avoid property tax reassessment without obstacles. So Proposition 19 managed to limit parent to child transfer rights to a one-year window, and only as a primary residence. No longer could investment properties avoid property tax reassessment.
So the ability to transfer parents property taxes, when inheriting property taxes from a parent, is now on a tighter path. We can still keep parents property taxes but they made it more challenging, in the midst of a Pandemic no less. Avoiding property tax reassessment and establishing a low property tax base; as well as buying out a sibling’s share of inherited property, meaning the transfer of property between siblings or sibling-to-sibling property transfer – still exists, yet with a few more obstacles to remain aware of.
We can still transfer parents property taxes in California when inheriting property and inheriting property taxes from a parent, and remain able to keep parents property taxes on any property tax transfer, such as the parent to child transfer or parent to child exclusion. It’s just not quite as simple or easy as it was prior to advent of Proposition 19.
Thankfully, enough property tax breaks survived in California to enable property owners to still save significantly on property taxes. Californians can still get a trust loan from a trust lender, working alongside Proposition 58, to buyout a co-beneficiary when inheriting property taxes from a parent – and, most importantly, to establish a low Proposition 13 level property tax base, basically forever for an inherited home, for example from a niche firm like Commercial Loan Corp.
Most Californians struggling financially from Pandemic shutdowns and health outcomes should research niche blogs like this one, or info sites like EdSource.org who looks at both sides of Proposition 15 for example, or SiliconValleyandBeyond.com who examines property taxes and Proposition 19, among other related issues. As well as state government websites such as the California State Board of Equalization. The more we know about how to use trust loans and these unique tax breaks, plus other property tax reduction solutions we have access to, the better off we’ll all be going forward.
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