Efforts to repeal Proposition 19’s costly Death Tax On Inherited Property have fallen short for the November ballot initiative. Over 402,000 signatures were obtained to repeal those provisions of Prop 19 which wiped out former Propositions 58 and 193 (those propositions allowed parents to transfer their ‘prop 13 basis’ or ‘proposition 13 basis’ to their children; now no longer due to Prop 19’s changes, thus causing a substantial ‘death tax’ on California inherited property).
New Year, New Tax Laws Impacting Real Estate Sales – IRS Exclusion Amount For Gifts Raised To $12.06mm Per Person
Good news for those seeking to gift or inherit real estate in 2022, the IRS applicable exclusion amount for gifts (the total amount exempted from gift and/or estate tax) is raised to $12,060,000 ($12.06mm) per person, or $24,120,000 ($24.12mm) for a married couple filing jointly.
Navigating New California Proposition 19: Its Dramatic Property Tax Increase on Inherited Property and Added Benefits to Portability For Those 55 and Older
California Proposition 19 is a massive property tax hike on the next generation of property owners. It wipes out the current Proposition 58 and Proposition 193 family transfer benefits, effective February 16, 2021. This is potentially the largest property tax increase in California history… but it will only impact the next generations; this is a new death tax and inheritance tax on real property owners’ heirs.
We discuss how to determine your new property tax bill under Proposition 19 family transfers: (“new” property tax basis) = ((Fair Market Value) – ((old property tax basis) + $1,000,000)) + (old property tax basis))! Explained in our article.
An increasing amount of buyers who won ‘bidding wars’ are backing out of their purchases, often (per the Seller) leaving the home in a less desirable position than when it was first listed and ‘red hot’, and opening the door to deposit disputes.
Preparing for a real estate mediation can be stressful, but a well prepared concise brief will not only help the mediator to understand your case, it will also help you to organize your thoughts and positions. Here, we discuss what makes a good mediation brief and some suggestions for the same. BACKGROUND Real estate disputes … Continue Reading
Real Estate Cancelations, Deposit Disputes and “Force Majeure” Claims Re Coronavirus (COVID-19) – Video Edition!
Join Real Estate Attorney, Real Estate Mediator and Real Estate Broker, Devin Lucas, discuss Real Estate Cancelations, Deposit Disputes and “Force Majeure” Claims Surrounding Coronavirus. Aka Force Majeure, Civil Code 1511, Act of God, Unforeseen Circumstances, Impossibility of Performance, Commercial Frustration, Frustration of Purpose, and other creative phrasing of the same argument. We discuss: 1) … Continue Reading
Can you legally cancel your real estate transaction, or real estate listing, over Coronavirus (COVID-19)? What options does a buyer have to cancel, what about the seller, what about the REALTOR®? Read our below article for a preliminary discussion; watch this video where Mr. Lucas explains in detail: No doubt, real estate transactions are being … Continue Reading
It’s Official – California Has Statewide Rent Control… Many exemptions exist that will apply to most small owners; corporate owners are the primary target of the current law. … This New Statewide Rent Control Has Two Key Components: 1) Caps Rental Increases; 2) Requires “Just Cause” For All Evictions.
There may be no better tax incentive for investment real estate than the 1031 Exchange. Named in reference to section 1031 of the Internal Revenue Code, the “1031 Exchange” allows an income tax free (or tax deferred, see below) exchange of investment real estate with wide latitude as to what real estate can be purchased … Continue Reading