Property taxation: change in ownership: exclusion.
Summary
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 the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests results in a change in ownership of the real property, and provides that certain transfers do not result in a change of ownership. This bill would provide that a transfer of a cotenancy interest, as defined, in real property from one cotenant to the other that takes effect upon the death of the transferor cotenant and before January 1, 2021, does not constitute a change of ownership, as provided. This bill would require the transferor cotenant to sign an affidavit, as specified, under penalty of perjury. The bill would repeal these provisions on January 1, 2021. By requiring the transferor cotenant to sign an affidavit under penalty of perjury, this bill would expand the scope of the existing crime of perjury, and thereby 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 no reimbursement is required by this act for a specified reason. Section 2229 of the Revenue and Taxation Code requires the Legislature 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 Section 2229 of the Revenue and Taxation Code, 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.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2010
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2010
Last action Nov 30, 2010
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
9
Key actions
0
Committee
6
Nov 30, 2010
Assembly · Failed
From committee without further action.
May 28, 2010
Assembly · Reported by committee
In committee: Set, second hearing. Held under submission.
May 19, 2010
Assembly · Referred to committee
In committee: Set, first hearing. Referred to APPR. suspense file.
May 11, 2010
Assembly · Reported by committee
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (May 10).
May 3, 2010
Assembly · Referred to committee
In committee: Set, first hearing. Referred to REV. & TAX. suspense file.
Mar 18, 2010
Assembly · Referred to committee
Referred to Com. on REV. & TAX.
Feb 21, 2010
Assembly · Reported by committee
From printer. May be heard in committee March 23.
Feb 19, 2010
Assembly · Introduced
Introduced. To print.
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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