We have written extensively on Proposition 19 and its negative impacts on family property transfers and inheritance, especially in areas such as Newport Beach, coastal Orange County, the Bay Area and many other locations where property values have increased dramatically over the course of ownership especially multigenerational ownership. This article will explore another reassessment exclusion, … Continue Reading
When it comes to family loans — the IRS Applicable Federal Rates are the minimum interest rate you should be charging a “borrower”.
Now available! The official Howard Jarvis Taxpayers Association legal petition to get the Repeal the Death Tax initiative on the November 2024 ballot is here!
Your California 2023-2024 Property Tax Bills have arrived! The first installments can be paid until December 11, 2023*, second installments by April 10, 2024. (Payments are technically due by December 10, 2023, but since that is a Sunday, it rolls to the next business day.)
This is a simple update on the Capital gains tax rates for 2023, see below.
As we have written on extensively, Proposition 19, new for 2021 (replacing older propositions 58, 193, 60 and 90), has two main components, portability and inheritance. (Review our many articles on Prop 19 starting here, link to main prop 19 page.)
These two aspects can be combined in some regards, and not combined in others.
For example, if you inherit a property and qualify for Prop 19, and therefore keep that property’s low (prop 13) tax basis, you CAN then sell that property when you are 55 or older and transfer that same low (prop 13) tax basis to a new property. More details below.
The answer to this critical question is in FLUX. The official answer, detailed below, is that the one (1) year deadline is firm, with no exceptions. HOWEVER, as of April 1, 2022, the BOE has used its “Emergency Powers” to enact a common sense answer to this question (allowing additional time to file a claim for Homeowners Exemption, with caveats).
When you inherit real estate and then subsequently sell that real estate, you will likely benefit dramatically from the step-up in basis, aka the step-up in basis or the stepped up basis.
The step-up in basis, what does this mean? If a child or grandchild later sells a gifted or inherited home, they may have to pay capital gains taxes depending on a variety of factors. If a property is inherited, there is a “step-up” in basis of the value of the property (to the value at the time of death) for purposes of calculating capital gains when the property is later sold. The “step-up” essentially provides a higher value of the property when calculating any “gains” as compared to the sales price. The “step-up” can have enormous tax benefits for the heirs that will be lost by gifting property during lifetime.
California Senate Bill 989 defers property taxes for taxpayers claiming Proposition 19 base year value transfers when the county assessor has not completed its determination of the property’s eligibility for property tax relief under that section. Additionally, the property tax bill must contain information regarding Proposition 19 base year value transfers and potential tax deferment in large counties.
The Howard Jarvis Taxpayers Association will go forward with an initiative to restore the right of parents to transfer their home and limited other property to their children without reassessment to market value.
Lucas Real Estate
2901 West Coast Highway Suite 200 | Newport Beach | California | 92663-4023
[email protected] | 949.478.1623 office
Devin Lucas BRE No. 01912302 | Courtney Lucas BRE No. 02015514
Lucas Real Estate, a dynamic full-service residential real estate team led by Devin Lucas, REALTOR®, Real Estate Broker, and Real Estate Attorney, and Courtney Lucas, REALTOR® and CPA, offers unparalleled expertise in Newport Beach and surrounding areas.
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