SB 668

Bill Subjects

Abstract

The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership if a claim is filed, including, in accordance with the California Constitution, the purchase or transfer between parents and children, and in certain circumstances between grandparents and grandchildren, of the transferor's principal residence and the first $1,000,000 of full cash value of all other real property. The California Constitution makes this exclusion inoperative as of February 16, 2021, and, beginning on and after that date, instead excludes the purchase or transfer of a family home or a family farm, as those terms are defined, between parents and their children or, under certain circumstances, grandparents and their grandchildren, subject to certain limitations and restrictions. This bill would exclude from "change in ownership" for purposes of property taxation transfers between parents and children and grandparents and grandchildren of the transferor's principal residence and the first $1,000,000 of full cash value of all other real property, in a manner similar to the above-described existing statutory provisions. The bill would require a person seeking to claim the exclusion under these new provisions to file a claim that includes certain information, certified under penalty of perjury. The bill would provide that the claim is not a public document and is not subject to inspection, except to specified parties. The bill would require the State Board of Equalization to design the claim form. The bill would apply its provisions retroactively to February 16, 2021, make these provisions inoperative as of February 16, 2023, and repeal these provisions as of January 1, 2024. The bill would make legislative findings with regard to its provisions. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. By adding to the duties of local tax officials in administering the inheritance exclusion for purposes of property taxation, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide 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 the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.