BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1378


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          Date of Hearing:  May 27, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1378 (Holden) - As Introduced February 27, 2015


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          |Policy       |Revenue and Taxation           |Vote:|9 - 0        |
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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill modifies the definition of "claimant" with respect to  
          persons claiming base year value transfer tax relief, excluding  
          the claimant's spouse from being considered a claimant for  
          purposes of determining whether any future claim filed by that  
          spouse remains eligible.  As a result of the change, for claims  
          filed on or after January 1, 2016, each disabled spouse aged 55  
          or older may qualify individually and file separately for  
          one-time base year value transfer property tax relief.


          FISCAL EFFECT:









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          1)Minor and absorbable administrative costs to the Board of  
          Equalization.


          2)Significant annual reductions in property tax revenue,  
            possibly around $350,000 in the first year and likely  
            increasing annually thereafter, resulting in GF costs for  
            approximately half the decrease in revenues to reimburse  
            counties under the Proposition 98 funding guarantee.


          COMMENTS:


          1)Purpose.  According to the author, this bill recognizes the  
            evolving nature of marriages and living patterns of  
            Californians, expanding eligibility for base year value  
            transfers to allow one transfer per person in a recognized  
            long-term relationship.  As a result, the base value year  
            transfer law will recognize all types of marriages and  
            cohabitations.  Proponents argue this bill is about fairness,  
            allowing both spouses or cohabitants to make separate claims  
            for transfer, assuming the other statutory requirements are  
            satisfied.


          2)Base Year Value Transfers.  Adopted in June 1978, Proposition  
            13 was designed to provide real property tax relief by  
            limiting the assessment and taxing powers of state and local  
            governments.  As a general rule, Proposition 13 limits any tax  
            on real property to 1% of the property's assessed value,  
            measured as either the assessed value as of the 1975-76 tax  
            year or the appraisal value when purchased, constructed, or a  
            change in ownership has occurred, subject to adjustment for  
            the lesser of inflation or 2% per year.  As a result, real  
            property is only reassessed to fair market value upon a change  
            in ownership. 









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            One exception to the change in ownership fair market value  
            reassessment is the base year value transfer provision.  Under  
            that rule, a disabled homeowner aged 55 or older may elect a  
            once-in-a-lifetime transfer of the base year value of the  
            homeowner's principal residence to a replacement residence of  
            equal or lesser value within the same county, or in certain  
            other counties, within two years of the sale of the original  
            residence.  The base year value transfer allows the homeowner  
            to continue paying property taxes at the amount and rate of  
            growth of the previous residence and not the fair market value  
            of the new residence.


            Under the current base value transfer rules, if a married  
            couple are both record owners of a property that has received  
            base year transfer value relief, neither will be eligible to  
            claim such relief again in the future, even if the couple has  
            divorced.  Furthermore, if one of the spouses were to remarry  
            an otherwise eligible person, that new couple would also be  
            ineligible for the base year value transfer because the  
            remarrying individual is not eligible. 


          3)Love and Marriage.  Although very limited in scope, this bill  
            takes a rather progressive view of marital and cohabitant  
            relationships.  In general, federal and state income tax laws  
            treat married couples as a single economic unit.  This is not  
            based in tax logic or economic experience, but rather reflects  
            society's views on the institution of marriage and the family.  
             Most married couples file joint tax returns, and even married  
            couples filing singly are taxed as married persons.   
            California property tax law similarly treats married taxpayers  
            as a single economic unit, and this bill represents a small,  
            but perhaps symbolic, deviation from that general policy.  The  
            committee may wish to consider whether this policy ought to be  
            considered with respect to property tax more generally, and  
            whether this bill should be considered in that broader  
            context.








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          Analysis Prepared by:Joel Tashjian / APPR. / (916)  
          319-2081