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Q: Is it true that only one claimant,
out of several co-owners of a replacement dwelling, must be at
least age 55 as of the date of sale of an original property in
order to qualify?
A: Yes. Only one claimant/occupant (or
his/her spouse who was also an occupant) who was a qualified
record owner of the original property must be at least 55 years
of age.
Q: Can a taxpayer apply for and receive
the benefit of Proposition 60 numerous times during the course
of his/her lifetime?
A: No. Only claimants who have not
previously been granted this property benefit are eligible.
Q: If the current full cash value of my
replacement dwelling slightly exceeds the “equal or lesser
value” test as compared to the full market value of my original
property, can I receive partial benefit?
A: No. Unless the replacement dwelling
satisfies the “equal or lesser value” test, no benefit is
available.
Q: Can two otherwise qualified taxpayers
who have recently sold their separately owned original
properties combine their claim for Proposition 60 benefit when
they buy a single replacement dwelling together?
A: No. They can only receive benefits if
one or the other, not both, qualifies by comparing his/her
original property to the jointly purchased replacement dwelling.
Q: May I give my original property to my
son/daughter and still receive the Proposition 60 benefit when I
purchase a replacement property?
A: No. The law provides that an original
property must be sold for consideration and subject to
reappraisal at full market value at the time of sale. Original
property transferred to a child or disposed of by gift or devise
does not qualify.
Q: After receiving the notice that my
application has been granted, do I still need to pay both
installments of the secured tax bill at the higher value?
A: Yes. All of the reduction in value will
be refunded in the form of a negative supplemental. Please be
aware that the refund may not arrive before the second
installment of the secured tax bill is due. No adjustments are
made to the secured tax bill to reflect the Proposition 60
exclusion.
Contact your Local Tax Assessor for more
information. |