CA State Board of Equalization & Property Taxpayers’ Bill of Rights

Due to various changes in California’s property tax relief laws, Proposition 19 has expanded certain tax breaks while limiting others, such as the parent-to-child exclusion, Prop 19 and funding to a trust loan.

This naturally has opened up new benefit areas, and at the same time has created new issues involving homeowners, conversely bringing property owners, and often their attorney or trust lender, to address these new tax breaks through communications with the California State Board of Equalization (i.e., the BOE).

CA State Board of Equalization Aiding Homeowners

And if that isn’t successful, Taxpayers’ Rights Advocate Lisa Thompson gets involved. The Advocate was appointed by The California State Board of Equalization Executive Director Brenda Fleming, to work independently of the BOE, to help taxpayers resolve problems that cannot be resolved through conventional channels making sure homeowners understand every avenue designed to help them avoid property tax reassessment as far as property tax breaks are concerned…

It’s important for the Advocate to help homeowners understand how to use the BOE website to confirm and use every possible tool at their disposal when transferring property taxes from parent to child is critical in order to keep parents property taxes after a property tax transfer, upon inheriting property taxes from a parent-to-child property tax transfer  –  and understanding how to work with a trust lender to take advantage of a parent-to-child exclusion from current tax rates… Often working in conjunction with Prop 19 and funding to a trust loan, when homeowners (i.e., beneficiaries) buyout inherited property from co-beneficiaries, while keeping a parents low property tax base.

The CA Taxpayers’ Rights Advocate

The Taxpayers’ Rights Advocate is allowed to involve the Morgan Property Taxpayers’ Bill of Rights, which allows the property owner to inspect and copy documents related to their property’s assessment. The Bill of Rights furnishes measures to encourage and verify fair administration of property tax laws in California.

The Advocate reviews how fair and effective the BOE and County Assessors are in terms of providing understandable information in printed and Website form to property owners; making sure the BOE  is doing their job properly; resolving complaints, taxpayer problems and general inquiries from the public such as how to use a parent-to-child exclusion, Prop 19 and funding to a trust loan.

The Advocate also looks for underlying causes of conflict between taxpayers and property tax assessors. The Advocate is responsible for creating and distributing a yearly report concerning property tax issues and property tax hikes affecting taxpayers’ rights. To support this, the BOE has public hearings to review this report and related property tax matters, opening up these meetings for questions and opinions from business property owners and homeowners.

The Property Taxpayers’ Bill of Rights provides ways to encourage and verify fair administration of property taxes.  Miss Thompson tells us:

We can help if you have a question regarding your rights or if you have a disagreement with the programs administered by the State Board of Equalization, or county agencies involved in California’s property tax system. Some taxpayers contact us to communicate their frustration with aspects of the property taxation system or seeking confirmation that they have been treated lawfully and fairly by a county or state office…

In cases where the law, policy, or procedure does not allow any change to the staff action, but a change appears justified, the Taxpayers’ Rights Advocate Office is alerted to a potential area that may need clarification or modification. Several past recommendations for policy, procedural, and legislative changes have resulted from these types of contacts with taxpayers…

Our office facilitates communication between taxpayers, the State Board of Equalization, and county staff to eliminate potential misunderstandings. Taxpayers are provided information on policies and procedures so they can be better prepared to discuss their issues with the appropriate staff and increase the opportunity to affect a resolution which will satisfy them.

As you can imagine, Advocate Lisa Thompson bolsters public confidence in the BOE and the office of The Taxpayers’ Rights Advocate.

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