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CA Proposition 60 and 90 –

How and When you can sell your home and buy another without increasing your property taxes

California Proposition 60 allows for the transfers of a base year value within the same county (intra-county). Proposition 90 allows for the transfers of a base year value from one county to another county in California (inter-county) if that county has authorized such a transfer by an ordinance.

Since November 7, 2018, the following ten counties in California have an ordinance enabling the inter-county base year value transfer:

Alameda – Los Angeles – Orange – Riverside
San Bernardino – San Diego – San Mateo
Santa Clara – Tuolumne – Ventura

Since the counties indicated above are subject to change, you should always contact the county assessor’s office to which you wish to move to verify eligibility.

Eligibility Requirements for Propositions 60/90:

  • You, or a spouse residing with you, must be at least 55 years of age when the property is sold.

This is a one-time only benefit. Once you have filed for and received this tax relief, neither you nor your spouse who resides with you, can ever file again, even upon your spouse’s death or if the two of you divorce. However, if you become disabled after receiving this tax relief, you may transfer the base year value of your personal residence a second time due to the disability.

  • Your original property must eligible for the Homeowners’ Exemption or Disabled Veterans’ Exemption either at the time it was sold or within two years of the purchase or construction of the replacement property.
  • The original property must be subject to reappraisal at its current fair market value at the time of sale.
  • The replacement property must be your principal residence and must be eligible for the Homeowners’ Exemption or Disabled Veterans’ Exemption
  • The replacement property must be of “equal or lesser value” than the original property.

In general, equal or lesser value means:

100% or less of the market value of the original property if a replacement property were purchased or newly constructed before the sale of the original property, or

105% or less of the market value of the original property if a replacement property were purchased or newly constructed within the first year after the sale of the original property, or

110% or less of the market value of the original property if a replacement property were purchased or newly constructed within the second year after the sale of the original property.

Note: When making the “equal or lesser value” test, it is important to understand that the market value of a property is not necessarily the same as the sale or purchase price.

  • The replacement property must be purchased or built within two years (before or after) of the sale of the original property

To receive retroactive relief from the date of transfer, you must file your claim within three years of the purchase date of the replacement property or the new construction completion date of the replacement property.

If a claim is filed after the three-year period, relief will be granted beginning with the calendar year in which the claim was filed.

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