01/22/2021
Proposition 19
Parent Child Inheritance Transfer Tax Protections Are Gone
NOW WHAT?
In California, transferring ownership of real property generally results in a reassessment for property tax purposes, which typically means an increase in real property taxes. However, there are currently two exclusions from reassessment that can apply for transfers between parents and children:
The first is the principal residence exclusion, which permits the transfer of a principal residence of unlimited value between parents and children without being subject to reassessment. The second is a $1 million lifetime non-principal residence exclusion, which permits the transfer between parents and children of up to $1 million of assessed value of all other types of property such as second homes, rental properties, commercial properties, etc., without triggering a reassessment.
The above protections were provided under Proposition 58, which has been in effect for over 24 years. Unfortunately, Proposition 19 passed and those protections are gone.
Now, property transferred between parents and children will now be reassessed to market value as of the date of transfer, which in the case of inheritance, is the date of death. The only exclusion allowed now is if the child moves in to the parents’ home and makes the it his or her primary residence within one year.
What’s done is done. Taxpayer advocates say this is will be a huge and unfair tax burden on families. The reassessment to market value is on every house and the taxes will likely go up significantly.
For example, a parent purchased her home in 1970 for $19,000. Today, that home is worth $300,000. The tax rate for parent is limited under Proposition 13 and under Proposition 58, the child would keep that tax rate upon inheritance. Under Proposition 19, that is no longer the case. The child will have to pay the tax rate on the current market value of $300,000, which is a significant tax increase.
As you can see, this will affect everybody. No just “rich” people. Every home.
There are a number of planning strategies to consider in making the current transfer, including using trusts, limited partnerships and limited liability companies. Depending on the circumstances, this type of planning may allow for the transfer of portions of such legal entity to your children without triggering a reassessment under current legal entity exclusions, irrespective of the parent-child exclusions.
Proposition 19 takes affect February 16, 2021.
To discuss options available to you before the parent child exclusion is gone, contact our offices today to schedule a no charge initial consultation.