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Law

Proposition 19 Decoded

Proposition 19 Start Date: February 16, 2021.

Property owners should be aware of the new California law for property tax and estate planning purposes.

In general, Proposition 19 affects two groups of people. Tax break classes and future inheritances.

The update shelters people either over 54, disabled persons, or victims of fest fires or natural disasters from the new restrictions.

Tax Break For:

  • Homeowners aged 55 and over
  • Disabled people
  • Victims of forest fires
  • Victims of natural disasters

If a homeowner moves anywhere within California, they may transfer the taxable value of their primary residence to a place of residence of less than or equal value up to three times.

Homeowners that purchase a primary residence with a greater value than the last residence will pay for the difference between the full cash value of the primary residence and their last residence.

Estate Planning and Prop 19

According to the constitutional amendment, the value of property tax is based on the fair market evaluation taken at time of transfer. However, the law prior to Prop-19 allows the transfer of real estate between parents and children (or eligible grandchildren) without a tax refund on the property. This exemption allows parents to transfer unlimited taxable basic residences, as well as exchange taxable value up to $ 1 million for all other real estate, while their children receive less taxable value through their parents. Maintain The benefit applies whether the transfer is made during the life of the parent or at the death of the parent.

Recipients can use the facility as they wish, whether it is a leisure center, rent or accommodation. This tax-deductible tax deduction on a gift or inheritance property is usually limited to an offer of 19. Phone 19 requires a child who finds a large residence to consider using communication as the first home within one year of finding a home. The new owner must request the release of the owner (or the removal of the disabled veteran) within one year of the delivery of the goods. Households not used as the primary residence are the fair market value for calculating the annual property tax. Proposition 19 also released an additional $ 1 million that could be transferred without review to other properties.

While the transfer allows the parent and child to be evacuated from the main residence of the transfer, the principal’s residence is slightly revised to have a fair market value of more than $ 1 million in tax value.

How to calculate the updated property tax:

current tax value + (market value - $ 1 million - current taxable value)

 

Farm, Agriculture, Etc.

If the property is used as a farm, Prop 19 also allows the transfer of expensive income to families and parents for the conservation of family farms. Family farms are good land for farming, farming or agriculture. In addition, the deduction Proposition 19 provides for the taxation of another house relating to the transfer between the grandparents and the surviving grandson (where the parents of the grandchildren died), and the transfer of the child to the parents.

In effort to prepare for the new changes made by Proposition 19 parents have contacted estate planning lawyers to help them protect their legacy efficiently.

Contact a professional estate planning attorney for more information.

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