BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1378 (Holden) - Property tax: base year value transfers.
          
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          |Version: February 27, 2015      |Policy Vote: GOV. & F. 7 - 0    |
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          |Urgency: Yes                    |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File. 





          Bill  
          Summary: AB 1378 would allow spouses to each make separate base  
          year value transfer claims related to the onetime only benefit  
          provided to persons 55 years and over that move from one home to  
          another.


          Fiscal  
          Impact: The Board of Equalization (BOE) estimates that the bill  
          would result in a $350,000 annual property tax revenue loss,  
          increasing annually thereafter. Approximately 50 percent of  
          property tax revenues statewide accrue to schools, which  
          generally offsets state General Fund obligations pursuant to  
          Proposition 98.  Consequently, any reduction in the school share  
          of property tax revenues that are attributable to the bill's  
          impact on assessed values would result in a commensurate  
          increase in General Fund costs. BOE indicates that the bill's  
          administrative costs would be minor and absorbable.







          AB 1378 (Holden)                                       Page 1 of  
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          Background: The California Constitution (1) provides that all property is  
          taxable unless explicitly exempted by the Constitution or  
          federal law, (2) limits the maximum amount of any ad valorem tax  
          on real property at 1 percent of full cash value, and (3)  
          directs county assessors to only reappraise property when newly  
          constructed, or ownership changes.  Voters subsequently approved  
          change in ownership exclusions to allow homeowners over the age  
          of 55 and disabled persons (regardless of age) to transfer their  
          home's base year values to a replacement home of equal or lesser  
          value within the same county, or to homes in counties that adopt  
          ordinances allowing the transfer.  Ten counties allow these  
          out-of-county transfers (Alameda, El Dorado, Los Angeles,  
          Orange, Riverside, San Bernardino, San Diego, San Mateo, Santa  
          Clara, and Ventura).  Base year transfers allow taxpayers to  
          continue to pay property taxes at the amount and rate of growth  
          of their previous home, and not on the cash value of their newly  
          purchased home.
          The Constitution doesn't specify eligibility requirements;  
          consequently, state law details base year value transfer  
          requirements.  Instead of allowing infinite number of transfers,  
          taxpayers can generally transfer base year values once, as a  
          "claimant" is eligible only when an assessor has not previously  
          granted a base year transfer, with "claimant" defined as any  
          eligible person claiming the base year transfer.  Current law  
          only allows individuals to claim a second base year value  
          transfer after becoming 55 years of age, then another should  
          they subsequently become disabled, or vice versa.  If the  
          claimant has a spouse who is also an owner of record of the  
          home, then the spouse is considered a claimant, and therefore  
          precluded from claiming a base year transfer in the future.  




          Proposed Law:  
           This bill would modify 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.  Consequently, for claims filed on  
          or after January 1, 2016, each disabled spouse aged 55 or older  
          would may qualify individually and file separately for one-time  








          AB 1378 (Holden)                                       Page 2 of  
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          base year value transfer property tax relief.


          Staff  
          Comments: BOE property tax data indicate that counties grant an  
          average of 5,000 base year value transfer claims each year. BOE  
          assumes the bill would lead to a five percent increase,  
          resulting in 250 additional qualified transfers annually.
          California Association of Realtors data indicate that the median  
          home price in December 2014 was $454,000. The 2013-14 average  
          assessed value of a property receiving the homeowners' exemption  
          was $314,000. Therefore, BOE estimates the amount assessed value  
          difference per home after a base year transfer is about  
          $140,000, and the aggregate revenue loss (at the one percent  
          rate) is about $350,000 annually, and would likely increase to  
          the extent that home values exceed the annual two percent cap in  
          assessed valuation allowed under Proposition 13.




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