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California Propositions

 
Property Taxation:
Depreciation
Taxation of Profit
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Home Mortgage Interest and Points Deduction
 
1031 EXCHANGES
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Homeowners exemption
Foreign Investment in Real Property Tax Act.
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Principles of Income Tax
Income taxes
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Installment Sales
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Progressive Tax
Property taxes
California Propositions
Purposes and Effects of Taxation
Retirement Tax
Sales Tax
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Tariff
Tax Credit, Exemption Equivalent and Tax
Tax Rates
Tax Treaty
Direct and Indirect Taxation
Value Added Tax

Proposition 13
Proposition 13 was enacted in 1978. It states that newly acquired a real estate or new construction will be assessed according to the fair market value and taxed at a
maximum rate of 1% , called the basis levy.  One of the objectives of proposition 13 is to keep property taxes as low as possible.  According to proposition 13, certain transfers of title, such as a sale, will cause a reassessment of the property, which will increase the property taxes.

 

Proposition 58

Proposition 58 provides that transfers of real property between spouses and transfers of the principal residence in the first $1 million of other of real property between parent and child are exempt from reassessment.  To receive this exclusion, a claimant must be filled with the county assessor.  The claim must contain a written certification by the transferee made under penalty of perjury that the transferee is a parent or child of the transferor.  The statement must also state whether the property is the transferor's principal residence.  If the property is not the transferor's principal residence and the full cash value of the real property transferred, the eligible transferee must specify the amount and allocation of the exclusion on the claim.

 

Proposition 60 

Proposition 60 provides that qualified homeowners aged 55 or over, as well as taxpayers who are severely and permanently disabled, may transfer the current base year value of their present principal residence to a replacement, that is, sell their old home and buy a new home, with the following conditions:

-both properties must be in the same county

-the transferor must be at least 55 years old as all of date of transfer(sale).  If married, only one spouse needs to be at least 55 or older but must reside in the residence, if co-owners, only one co-owner  needs to be at least 55 or older and must reside in the residence.

-the original residents must be eligible for a homeowners exemption at the time of sale (transfer).However, if the replacement dwelling is acquired the first, then the original resident of the replacement dwelling must be qualified for a homeowners exemption as of the date of the sale.  Also, the replacement dwelling must be eligible for the homeowners exemption after purchase as a result of the claimants occupancy has his or her principal residence are.

-the replacement property must be purchased or newly constructed on or after November 6, 1986,) within two years of the sale of the original property.  These two year period maybe either prior to or after the sale of the old residence.

-if the replacement dwelling is purchased prior to the sale of the original property, the sale price of the replacement residence must be equal to or less than value off the original property.  If the replacement residents is purchased within the first year after the original residence, the value of the replacement residents may be 105% off that of the original residents .If the original residents is purchased within the second year, the replacement sale price may be 110%of the original residents sales price.

 

Proposition 90

Proposition 90 is expansion of proposition 60. proposition 60limits the purchase of the new home to the same county. Proposition 90 allows the purpose of the new home in a different county in California.   However, the county the homeowner is planning to move into may reject proposition 90.  The only counties to have accepted proposition 90 are Alameda, Kern,Los Angeles,Modoc,Orange,Santa Clara,San Diego,San Mateo and Ventura.