BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2668


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2668 (Mullin) - As Introduced February 19, 2016


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


          SUMMARY:


          This bill allows certain disabled persons or those over the age  
          of 55 to transfer their base year value to a home of greater  
          value. Specifically, this bill:


          1)Allows eligible households to transfer the base value of their  
            original home to a replacement home of greater value ("buy  
            up") within the same county. The new base value of their  
            replacement home is the base value of the original home and  
            the difference between the cash value of that original home  
            and the cash value of the replacement home. 








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          2)Limits eligibility for the "buy up" provision to disabled  
            persons or those over the age of 55 who have household incomes  
            below the county median income. 



          3)Makes the provisions operative upon voter approval of Assembly  
            Constitutional Amendment (ACA) 12. 
          FISCAL EFFECT:


          Annual property tax revenue losses of approximately $2.9  
          million, resulting in GF costs of approximately $1.4 million as  
          a result of the Proposition 98 guarantee.


          COMMENTS:


          1)Purpose. According to the author, AB 2668 will help seniors  
            move out of their homes that are currently too large for them  
            and will add to the stock of affordable housing.
          2)Background. 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.


            One exception to the change in ownership fair market value  
            reassessment is the "base-year value transfer" provision.   








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            Under that rule, a disabled homeowner or a 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. This bill would  
            also allow certain homeowners to transfer the base year value  
            of their home to a home of greater value. 


          3)How would the "buy up" option work? AB 2668 allows a qualified  
            homeowner to pay reduced property taxes for a replacement  
            dwelling that is more expensive than their current home. For  
            example, a qualified family lives in a home with an assessed  
            value of $100,000. Then: they sell that home for $200,000, its  
            new full cash value, and purchase another home for $350,000.  
            Without AB 2668, that household would be unable to transfer  
            the base value to their new home. AB 2668 would allow this  
            household to transfer the base value and require them to pay  
            property tax on that base value in addition to the difference  
            in the full cash value of their original home and their new  
            home. This means that their property taxes would be taxes on  
            the original base value ($100,000), plus the difference  
            between the reassessed value of their old home and their new  
            home ($150,000 for a total of $250,000) instead of the new  
            home's assessed value ($350,000).
          4)Median income restriction. AB 2668 was amended in the Assembly  
            Revenue and Taxation Committee to restrict eligibility for the  
            proposed "buy up" provision to homeowners with incomes under a  
            county's median household income. While precise data on who  
            currently transfers the base value of their home and their  
            incomes levels is unavailable, income data for the overall  
            senior population indicates that this amendment will  
            significantly cut the number of households who otherwise would  
            make use of the new "buy up" option. On average, an estimated  
            45% of senior households in California have incomes below the  








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            county median income. Since higher income households would be  
            more likely to transition into a home that was of higher  
            value, this amendment greatly reduced the fiscal cost of AB  
            2668. 


          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081