Propositions 60/90/110
[Transfer of Base Year Value] (Back) (or please use you "Back" button to return)
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Propositions 60, 90, and 110 are constitutional amendments approved by the voters of California. They provide for the transfer of a propertys base year value from an existing residence to a replacement residence, under certain conditions, for qualified persons over the age of 55 or persons of any age who are severely and permanently disabled.
a. Both properties must be located in the same county, unless the county in which the replacement residence is located has an ordinance that allows intercounty base year value transfers.
b. As of the date of transfer of the original property, the transferor (seller) or a spouse residing with the transferor must be at least 55 years of age, or be severely or permanently disabled.
c. At the time of sale, the original property must have been eligible for the Homeowners Exemption, or entitled to the Disabled Veterans Exemption.
d. Generally, the replacement dwelling must be of equal or lesser value than the original property.
e. The replacement dwelling must have been acquired or newly constructed within two years of (before or after) the sale of the original property.
f. The owner must file an application within three years following the purchase date or new construction completion date of the replacement property.
g. The original property must be subject to reappraisal at its current fair market value. Therefore, transfers of the original property that are excluded from reappraisal (e.g., most transfers between parents and children) will not qualify.
You must file a claim with the assessor, who will determine if the transaction qualifies. Claim forms should be obtained from the assessor's office in the county where the replacement property is located.
It depends upon the timing of the purchase or completion of construction of the replacement property. In general, "equal or lesser value" means the fair market value of the replacement property does not exceed one of the following:
100 percent of the market value of the original property, if the replacement property is purchased or newly constructed before the original property is sold.
105 percent of the market value of the original property, if the replacement property is purchased or newly constructed within the first year after the original property is sold.
110 percent of the market value of the original property, if the replacement property is purchased or newly constructed within the second year after the original property is sold.
No. Unless the replacement dwelling completely satisfies the "equal or lesser value" test, no benefit is available.
Generally, no. With one exception, only claimants who have not previously been granted this benefit are eligible.
Proposition 110 creates an exception from the one-time-only limitation for any claimant who becomes severely and permanently disabled after having previously received a base year value transfer as a claimant over the age of 55 years. Thus, if a person over the age of 55 years transferred the base year value from an original property to a replacement dwelling and subsequently becomes disabled, then that person may now transfer his or her base year value a second time.
As of January, 2001, each of the following nine counties has an ordinance implementing the intercounty base year value transfer provisions of section 69.5 of the Revenue and Taxation Code (Proposition 90):
| Alameda |
Modoc |
San Diego |
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| Kern |
Orange |
San Mateo |
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| Los Angeles |
Santa Clara |
Ventura |
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Generally, you must file your claim with the county assessor within three years of the acquisition or completion of construction of the replacement property.
If you still have questions about Propositions 60, 90 or 110, you may find the answers in Letter To Assessors Nos. 87/71, 88/10, 91/33, and 97/02. Or, you may call the Technical Services Section at (916) 445-4982.
Propositions 58/193
[Transfers between Parent and Child; Grandparent and Grandchild]
The purchase or transfer of a principal residence, as well as the first $1 million of other real property transferred between parents and children, is not subject to reassessment provided a timely claim is filed with the county assessor. This exclusion also applies to transfers between grandparents and grandchildren, but only when both qualifying parents are deceased. For more information about these Propositions see Letter To Assessors No. 98/23 or contact our Technical Services Section at (916) 445-4982.
State Agencies - Other useful "Links" [Back]
Federal Agencies
Other Tax Entities
- California Tax Information Center
A link to the California Tax Information Center containing simplified income, payroll, property, sales and use, and special tax information for you or your business.
- CalGOLD-Business Permits Made Simple
A link to permit information and other requirements of California agencies at all levels of government.
- Federation of Tax Administrators (FTA)
A link to the Federation of Tax Administrators home page. This organization provides services to several different organizations based in Washington and representing state government (i.e. governors, legislatures, and other state agencies)
- The Center for State and Local Taxation
Information on the 2002 summer institute of the Center for State and Local Taxation at the University of California, Davis.
Other States
- New York Tax Amnesty Program
To inform taxpayers who may have a tax liability in the state of New York, they are offering a Tax Amnesty Program, which begins November 18, 2002 and ends January 31, 2003.
Information is deemed reliable but is not guaranteed. Things change regularly and all information needs to be verified.
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