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Do you know the difference between Propositions 60 & 90?

By
Real Estate Agent with Berkshire Hathaway HomeServices California Properties 01238708

Do you know the difference between Propositions 60 & 90?

 

If you and/or your spouse is 55 years and older and considering buying or selling a home you should consider this as a must read!

 

These are California constitutional tax initiatives which allow senior citizens to transfer the base value from their current home to a replacement property provided certain requirements are met. This in turn translates to substantial tax savings, similar in some respects to a 1031 exchange provided the eligibility and qualification requirements are met.

 

The biggest difference  between Proposition 60 and Proposition 90 is that Proposition 60 is geared for transfers of property within the same count (intra-count) vs. Proposition 90 which relates to transfers from one California county to another (inter-count)

 

As of September 19th, 2013 the following counties in California have an ordinance enabling Proposition 90: Alameda, El Dorado, Los Angeles, Orange, Riverside, San Diego, San Mateo, Santa Clara and Ventura. Needless to say since ordinances are subject to change on a moment’s notice, I would strongly encourage you to contact the county that you are planning to move to and verify the Proposition 90 eligibility.

 

For your convenience I am also enclosing a link to the California State Board of Equalization about this subject http://www.boe.ca.gov/proptaxes/faqs/propositions60_90.htm#1

 

Please read the eligibility requirements closely.  I will mention just a few here, keeping in mind it is not all of them:

 

1.      You or your spouse residing with you must be of at least 55 years of age when the original property is being sold.

 

2.     The replacement property must be your principal residence and must be eligible for the Homeowners’ Exemption or Disabled Veteran’s Exemption.

 

3.    The replacement property must be of equal or lesser “current market value” than the original property.

 

There are different levels  of  eligibility such as definition of spouse, formula for “equal or lesser value”, time periods to take advantage of this tax benefit, hence I strongly encourage you to contact either your tax accountant or your Title Officer before making a final decision. Keep in mind you can only do this once in your life time.

 

Now if you are ready to buy and sell your primary residence feel free to reach out to me for a no obligation Market Analysis of your residence.

 

If you are considering buying or selling a luxury home, or an ultra luxury home, or luxury investment real estate, or luxury vacation homes, or luxury beach properties in Southern California, Los Angeles, Century City, Westwood, West Hollywood, Beverly Hills, Marina Del Rey, Venice or Malibu. Feel Free to give me a call at 310.486.1002 or email me at homes@endrebarath.com or visit one of my websites at http://www.endrebarath.com        I am a Pet Friendly Realtor and I contribute a portion of my commissions to local animal rescue organizations.   

 

 

 

 

 

Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Endre: Excellent information. Sellers, 55 years and older, should definitely talk to their tax attorney and then come to see you about selling their home plus find a replacement home in either the same or another county.

Nov 27, 2013 03:01 PM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

Yes, Propostitions 60 and 90 offer huge benefits to the seniors wise enough to take advantage of them by selling and buying in the appropriate counties.

Nov 27, 2013 03:25 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Endre -- this is always a good reminder as many people are unaware of either proposition...let alone the differences.    

Nov 27, 2013 04:09 PM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Endre, informative blog, as always! I thought you would be taking the day off today, but wrong was I and you have provided some invaluable information. Thank you!

Nov 27, 2013 10:16 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Conflicting Props put some people in awkward positions. Often they vote for both giving the legislature the deciding vote. Happy Thanksgiving my friend, to you and yours!

Nov 28, 2013 01:54 AM