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Proposition 19 Changes Property Tax Transfer Law, Creates Fire Response Fund

Proposition 19 would limit property taxes on seniors, disabled people and the victims of disasters. It also would change rules on inherited property, while some of the money would be added to a disaster fund.

Formally titled the “Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,” Proposition 19 would do the following if passed:

  • Permits homeowners who are over 55, severely disabled, or whose homes were destroyed by wildfire or disaster, to transfer their primary residence’s property tax base value to a replacement residence of any value, anywhere in the state.
  • Limits tax benefits for certain transfers of real property between family members.
  • Expands tax benefits for transfers of family farms.
  • Allocates most resulting state revenues and savings (if any) to fire protection services and reimbursing local governments for taxation-related changes

Proposition 19 would allow eligible homeowners to transfer their tax assessments anywhere within the state and allow tax assessments to be transferred to a more expensive home with an “upward adjustment.” It also would allow people over 55 years old or with severe disabilities to transfer their tax assessments three times, as opposed to the one-time allotment provided in current state law.

The proposition would also require that inherited homes that are not used as principal residences, such as second homes or rentals, to be reassessed at market value when transferred. This would mean that any inherited property not used as a primary home would be taxed based on the market value of the time when it was inherited, and not off of the market value of when it was originally purchased.

Additional funds generated by the change in property tax laws would be allocated to wildfire agencies and counties. According to the text of the initiative, the California State Controller would be required to deposit 75 percent of the calculated revenue to a “California Fire Response Fund,” and 15 percent to a “County Revenue Protection Fund.”

The County Revenue Protection Fund would reportedly be used to reimburse counties for revenue losses related to the measure’s property tax changes, while the Fire Response Fund would be used to fund fire suppression staffing and full-time station-based personnel.

The roots of the proposition lie as far back as 1978, when California voters approved Proposition 13, which required that properties be taxed at no more than one percent of their full cash value shown on the 1975-1976 assessment rolls. It also limited annual increases of a property’s taxable value either the inflation rate or two percent, whichever was lower.

However, when a property is sold or transferred to new owners, the property is then reassessed at one percent of its full cash value, and the limit on increases to a property’s assessed value is reset.

See Related: Proposition 24 Seeks To Expand Privacy Of Consumer Data

Then, in 1988, Proposition 90 was passed, which allowed qualified homeowners age 55 or older to transfer the current taxable value of their original home to a replacement home in another county. However, the catch was that they could only do so if the county in which the replacement home was located agreed to participate in the program. As of 2020, only 10 of 58 California counties participated in the Prop 90 program.

Proposition 19 would allow qualified homeowners to transfer their current taxable value of their original home to a replacement home in any part of California.

State officials estimate that if Proposition 19 is passed, local governments and schools “could gain tens of millions of dollars of property tax revenue per year,” with the possibility of those gains growing “to a few hundred million dollars per year.”

Additionally, revenue from other taxes could increase by tens of millions of dollars annually for both the state and local governments. The majority of any new state revenue would be spent on the proposed California Fire Response Fund.

The proposition is supported by California Governor Gavin Newsom, along with members of both the California Democratic Party and the California Republican Party, as well as over a dozen unions and organizations.

“Prop. 19 protects tax savings and benefits for vulnerable Californians, including seniors, disabled homeowners, and wildfire victims,” writes Jim Brulte, former Chair of the California Republican Party, in the Official Voter Information Guide.

Meanwhile, the California American Civil Liberties Union (ACLU), along with the editorial boards for half a dozen prominent state newspapers stand opposed to Proposition 19.

“Proposition 19 would just expand the inequities in California’s property tax system,” The Los Angeles Times Editorial Board writes. “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.”

Over $36.2 million has been raised by campaigns in support of Proposition 19, while just over $45,000 has been raised by campaigns against the proposition.

Proposition 19 is one of a dozen state initiatives on the 2020 ballot. To read more about each of them, click here.


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Proposition 19 Changes Property Tax Transfer Law, Creates Fire Response Fund

3 comments

  1. After the historic passage of Proposition 13 in 1978, Californians finally had certainty about their future property tax liability because increases in the “taxable value” of property were limited to 2 percent per year. Property would be reassessed to market value only when it changed hands. To prevent families from getting hit with huge tax increases, voters overwhelmingly passed Proposition 58 in 1986, changing the state constitution to ensure that transfers of certain property between parents and children could occur without triggering the sticker shock of reassessment.

    Under Prop. 58, a home of any value and up to a million dollars of assessed value of other property may be transferred between parents and children without reassessment. Proposition 19 (2020) would repeal Proposition 58 (1986) and force the reassessment of inherited or transferred property within families. The only exception is if the property is used as the principal residence of the person to whom it was transferred, and even that exclusion is capped.

    The Legislative Analyst’s Office estimates that the repeal of the “intergenerational transfer protections” guaranteed by Props. 58 and 193 will result in 40,000 to 60,000 families getting hit with higher property taxes every year. Prop. 19’s massive tax increase has been included in this initiative to offset another proposed constitutional change: the expansion of the ability for older homeowners to move to a replacement home and transfer their base-year property tax assessment from their previous home to the new property. While this “portability” expansion has some merit, voters rejected this idea in 2018. Oddly, the backers of the proposal think they can sell it again by adding a tax increase.

    https://www.hjta.org/california-commentary/proposition-19-is-latest-assault-on-taxpayers/

  2. It is the democrats way of sucking every penny out of you that they can. They are worse than meth addicts. They spend every moment devising ideas on how to depart you from what you earn for a living and can never take enough. Their high is how much they can take.

  3. Absolutely NO on 19

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About Michael Brown

Michael Brown has lived in Santa Clarita his whole life. Graduating from Saugus High School in 2016, he continued to stay local by attending The Master’s University, where he achieved a Bachelor's Degree in Communication. Michael joined KHTS in January of 2018 as a news intern, and has since gone on to become the News Director for the KHTS Newsroom. Since joining KHTS, Michael has covered many breaking news stories (both on scene and on air), interviewed dozens of prominent state and federal political figures, and interacted with hundreds of residents from Santa Clarita. When he is not working, Michael enjoys spending time with his family, as well as reading any comic book he can get his hands on.