BILL ANALYSIS Ó AB 2668 Page 1 Date of Hearing: May 9, 2016 ASSEMBLY COMMITTEE ON REVENUE AND TAXATION Sebastian Ridley-Thomas, Chair AB 2668 (Mullin) - As Introduced February 19, 2016 Majority vote. Tax levy. Fiscal committee. SUBJECT: Property taxation: base year value transfers SUMMARY: Provides that the base year value of an original property, if owned by a person who is either severely disabled or over 55 years of age, may be transferred to a replacement dwelling of greater value. The difference between the full cash value of the original property and the full cash value of the replacement property will be added to the base year value of the original property in order to calculate the base year value of the replacement dwelling. Specifically, this bill: 1)Allows, commencing with the lien date for fiscal year (FY) 2017-18, the base year value of an original property, if owned by a person who is either severely disabled or over 55 years of age, to be transferred to a replacement dwelling of greater value. However, the difference between the full cash value of the original property and the full cash value of the replacement property will be added to the base year value of AB 2668 Page 2 the original property in order to calculate the base year value of the replacement dwelling 2)Provides that the full cash value of the replacement dwelling is determined on the sold date of the original property, if the replacement dwelling is purchased or newly constructed prior to the sale date of the original property and has subsequently declined in value by the sold date of the original property. 3)Imposes a state-mandated local program and provides that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. 4)Provides that no appropriation is made and the state will not reimburse local agencies for property tax revenues lost by them pursuant to this bill. 5)Takes effect immediately as a tax levy, but would only become operative if Senate Constitutional Amendment 9 of the 2015-16 Regular Session is approved by the voters. EXISTING LAW: 1)Requires real property to be reassessed to its current fair market value whenever a "change in ownership" occurs, but creates exceptions for numerous transfers. (California Constitution, Article XIII A, Section 2; Revenue & Taxation Code Sections 60 - 69.5.) The assessed value of the property established initially for property tax purposes is generally referred to as "base-year value", which is subject to annual increases for inflation, not to exceed 2%. AB 2668 Page 3 2)Allows a property owner over 55 years of age or severely and permanently disabled a once-in-a-lifetime opportunity to transfer the base-year value of his or her principle residence, within two years from the sale of the original residence, to a replacement home of equal or lesser value within the same county or to a replacement home in counties that have adopted ordinances allowing the transfer, provided certain conditions are met and the county assessor is properly notified. "Base-year" transfers allow taxpayers to continue to pay property taxes at the amount and rate of growth of their previous home and prevent reassessments of their newly purchased homes to full market value. 3)Provides that, if the replacement dwelling is purchased before the original property is sold, the taxpayer may transfer the base-year value only if the replacement property is 100% or less of the original property's value. If the replacement dwelling is purchased within the first year after the sale, then the taxpayer may transfer the base year if the replacement property is within 105% of the original property's value. And, if the replacement dwelling is purchased within the second year after the sale, then the taxpayer may transfer the base year if the replacement property is within 110% of the original property's value. 4)Allows a homeowner, who has been granted a base-year value transfer from his or her original residence to a replacement dwelling, to perform new construction on the replacement property subsequent to the transfer and exempts the new construction from assessment. The new construction must be completed within two years of the sale of the original property and its fair market value plus the full cash value of the replacement dwelling must not exceed the full cash value of the original property. AB 2668 Page 4 5)Specifies that spouses claiming the base-year transfer property tax relief are deemed to be a single claimant. A person is eligible to claim a base-year value transfer as a claimant only if neither that person nor his/her spouse, who is a record owner of the new home, has previously received that property tax relief. Each co-owner of real property, including domestic partners or unmarried couples, is considered to be a separate claimant for purposes of the base year value property tax relief. 6)Requires the assessor to determine a new base year value for the original property that is sold, if the sale constitutes a change in ownership. FISCAL EFFECT: The State Board of Equalization (BOE) estimates annual property tax revenue losses of $5.7 million. This assumption factors in the recovering housing market and a growing senior population. Historical trends suggest that as real estate values increase, the number of base year value transfer claimants increase. COMMENTS: 1)Author's Statement : The author has provided the following statement in support of this bill: AB 2668 will allow seniors to transfer their property tax basis to another home even if the home they purchase has a higher sale price than their original home. Proposition 60 allows seniors and the permanently disabled to transfer the base year assessed value of their principal residence to a replacement home in the same county. Proposition 90 - approved by the voters in 1988 - allows AB 2668 Page 5 such transfers to a home located in a different county so long as that county has agreed to participate in the transfer program. However, in both cases, the value of the replacement home must be equal to or less than the value of the original residence. If the purchase price of the replacement home is greater than that of the sales price of the original residence - by any amount, even one dollar - then the base year assessed value cannot be transferred. This is a problem for many seniors seeking to downsize their 'empty nest' - moving to a newer but smaller home may likely mean having to buy a home with a price greater than that for which they can sell their current residence. AB 2668 would, instead, allow a transfer to a replacement home with a value greater than that of the original residence. However, so that the homeowner doesn't receive more of a property tax benefit than that to which they are entitled, the difference between the value of the replacement home and that of the original residence is added to the base year assessed value. By helping seniors move out of homes that are currently too large for them we will also add to the stock of affordable housing which will be a great help to families just starting out. 2)Arguments in Support : Proponents of this bill state: Allowing seniors to transfer their property tax basis will increase the supply of existing single-family homes available to young families, in effect making housing more affordable. This bill also will increase the property tax AB 2668 Page 6 revenue for cities, counties and special districts as seniors buy and sell property, thus increasing the base-year values of the properties they buy and sell. This bill is a win-win for both taxpayers and local governments. 3)Arguments in Opposition : Opponents of this bill state: This bill defeats the main purpose of Proposition 60 and 90, which is to encourage seniors to relinquish their larger homes with low property taxes and move to something smaller or more modest, freeing up the more valuable homes at no cost to the senior. Instead, this bill would give a property tax advantage to those who want an even more expensive home. 4)History of Propositions : In 1978, voters passed Proposition 13 to limit the maximum amount of any ad valorem tax on real property to 1% of its full cash value. Under this system, the original "base year value" of a property may increase annually for inflation no more than 2% per year ("factored base year value"). Property is reassessed to its current market value only after a change in ownership or new construction occurs. Voters subsequently approved three constitutional amendments allowing individuals to transfer the base year value of their home to another home that is of equal or lesser value. Proposition 60 (1986) allowed for intracounty transfers of base year value for individuals over age 55. Proposition 90 (1988) allowed for intercounty transfers if the replacement home is located in a county that has opted-in to such arrangements; 10 counties currently accept inter-county base year value transfers - Alameda, El Dorado, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Mateo, Santa Clara, and Ventura. Lastly, Proposition 110 (1990) extended these provisions applicable to seniors to severely and permanently disabled individuals, regardless of age. AB 2668 Page 7 5)How Does Current Law Work ? The base year value transfer allows eligible homeowners to keep their prior home's Proposition 13 protected value by transferring it to their new home if it is of equal or lesser value. For example, under current law, if an eligible homeowner has a home with a base year value of $200,000 and pays $2,000 per year in property taxes, then sells his or her home for $500,000 and purchases a smaller yet more functional home for $500,000, the homeowner will continue to pay $2,000 per year in property taxes, rather than $5,000 (1% ad valorem). In this scenario, the homeowner is able to save $3,000 per year. 6)How Does This Bill Work ? This bill will help homeowners eligible for a base year value transfer but hesitant to buy a new home because there are no homes on the market meeting their needs priced lower than for what their original home can be sold, as buying a more expensive home disqualifies them from the transfer and results in increased property taxes. Using the example above, under current law, if an eligible homeowner can only find a suitable home for $700,000, the homeowner would no longer be able to transfer his or her base year value and would be subject to $7,000 in property taxes. Under this bill, however, the eligible homeowner would be able to calculate the difference between full cash value of the new home and original home and add the difference to the original home's base year value to transfer over. As a result, the homeowner's new base year value would be $400,000 (the $200,000 base year value of the original property plus the $200,000 difference in price between the $700,000 new home and $500,000 for which the original home sold). The homeowner would pay $4,000 per year in property taxes, rather than $7,000, resulting in savings of $3,000 per year. This bill also changes the value comparison test by requiring different dates to be used in calculating the transferred base year value when a dip in property values occurs. If an AB 2668 Page 8 eligible homeowner purchases a replacement home before selling the original home and real estate values subsequently decline, the full cash value of the replacement home used for purposes of this calculation will be derived from the time of sale of the original home instead of time of sale of the replacement home. In all other instances, however, the full cash value of the replacement home is determined at the time of sale of the replacement home. Since current law does not allow base year transfers if the replacement home is of greater value than the original home, allowing the value of the replacement home to be "adjusted down" would prevent homeowners from being disqualified from a transfer if property values decline. However, since this bill proposes to allow base year transfers for replacement homes of greater value, it is unclear why this specific provision of the bill is needed. Although allowing the value of a replacement home to be "adjusted down" may potentially lower the overall base year value calculation, the sales price of the original home would also likely be reduced by a proportional amount in a depressed market and negate any such impact. Furthermore, the BOE's analysis of this bill notes that changing the value comparison test in this manner will trigger additional appraisals by assessors, given the need to value property across multiple time periods. The Committee may wish to consider whether striking this provision would provide greater consistency and fairness in applying base year value transfers. 7)One More Benefit for Homeowners : California has one of the lowest property taxes and most taxpayer-friendly reassessment triggers in the nation. The benefits are particularly enhanced for taxpayers who have lived in their homes for many years. This bill allows these benefits to carry over if the homeowner elects to move into a new home that could be valued much higher than his or her original home. The author's office points out that this bill would not provide a taxpayer with numerically greater property tax savings than they are otherwise entitled to receive under current law, regardless of the price of the new home. In the above example, the AB 2668 Page 9 homeowner buying a replacement home of equal value would save $3,000 per year in property taxes and an identically situated homeowner buying a buying a replacement home of greater value would still only save $3,000 per year in property taxes. However, one of the main narratives presented to voters in support of Proposition 13 was that seniors should not be priced out of their homes through high and unpredictable taxes. As such, it is unclear how allowing an eligible homeowner to transfer the base year value of an original home to a home that may be worth exponentially more, on which much higher property taxes are recognized to be due, is consistent with the purported intent of Proposition 13. 8)Amending the Constitution : Since base year value transfers are authorized by the California Constitution, a constitutional amendment must first be approved by voters in order to allow base year transfers to a replacement home of greater value. The author of this bill has also introduced ACA 12 to make the requisite constitutional changes. This bill subsequently provides the accompanying implementation provisions, and changes the value comparison test which is unrelated to implementation and would not ordinarily require a companion constitutional amendment to take effect. This bill currently provides that its provisions will become operative only upon voter approval of a related constitutional amendment, and in that event, take effect on January 1, 2017. However, as noted in the BOE's analysis of this bill, it is recommended that this bill take immediate effect upon approval by voters, consistent with the other base year value transfer-related propositions. Delayed implementation may complicate home sales if eligible homeowners buy a more expensive replacement home upon the proposition's passage and expect relief that cannot be granted, or delay buying or closing escrow on a home of greater value until the new year. The Committee may wish to consider making this bill take effect with voter approval of the companion constitutional AB 2668 Page 10 amendment. 9)Technical Amendments : On Page 12, Line 5, insert "value" between "cash" and "of"; and, On Page 17, Line 39, strike "Senate" and insert "Assembly"; strike "9" and insert "12". 10)Related Legislation : ACA 12 (Mullin) allows homeowners 55 and older to transfer a base year value to a home of greater value, subject to voter approval. ACA 12 is pending referral to a policy committee. ACA 6 (Brown) allows spouses to qualify individually for base year value transfers and extends transfers to homeowners who are the parent or legal guardian of a severely disabled child, subject to voter approval. ACA 6 is pending hearing by the Assembly Committee on Appropriations. SCA 9 (Beall) is substantially similar to ACA 12. SCA 9 is pending hearing in the Senate Committee on Elections and Constitutional Amendments. SB 378 (Beall) was substantially similar to this bill. SB 378 on the Senate Committee on Appropriations' Suspense File. REGISTERED SUPPORT / OPPOSITION: Support AB 2668 Page 11 California Association of Realtors (Sponsor) California Taxpayers Association Howard Jarvis Taxpayers Association Opposition California State Association of Counties California Tax Reform Association Analysis Prepared by:Irene Ho / REV. & TAX. / (916) 319-2098