BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2668


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          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  








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            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%.








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          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.  









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          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  








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               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  








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               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.









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           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  








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            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  








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            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  








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            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








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          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