What is Proposition 110
1. What is Proposition 110?
Proposition 110 is a constitutional initiative passed by California voters that provides property tax relief for severely and permanently disabled claimants when they sell an existing home and buy or build another.
Implemented by section 69.5 of the Revenue and Taxation Code it allows the transfer of the base-year value of an existing home to a newly purchased or constructed home. Transfers are allowed within the same county (intercounty) and in select counties, transfers are allowed from one county to another county (intercounty).
In addition, the initiative provides relief for modifications that make a home more accessible for a severely disabled person (section 74.3).
If you or your spouse that lives with you is severely and permanently disabled, you can buy a home of equal or lesser value than your existing home and transfer the factored base year value of your existing home to your new property. Also, you can modify your current home as long as the modifications directly satisfy disability requirements without the modifications being assessed as new construction.
Once you have filed and received this tax relief, neither you nor your spouse who resides with you will qualify to receive this benefit again.
2. What are the eligibility requirements for Proposition 110?
2-1. You or a spouse residing with you must be severely and permanently disabled when the original property was either sold or modifications were completed.
2-2. Both your original and replacement property must be eligible for the homeowners' or disabled veterans' exemption and the replacement property must be your principal residence.
2-3. The replacement property must be of equal or lesser value than the original property. The "equal or lesser" test is applied to the entire replacement property, even though the owner of the original property may acquire only a partial interest in the replacement property. Owners of two qualifying original residences may not combine the values of those properties in order to qualify for a Proposition 110 base-year transfer to a replacement property of greater value than the more valuable of the two original residences.
2-4. The replacement property must be purchased or built within two years (before or after) of the sale of the original property.
2-5. To receive retroactive relief from the date of transfer, you must file your claim within three years following the purchase or completion of new construction of the replacement property.
2-6. The disabled person, spouse or legal guardian must submit a Physician's Certificate of Disability (Form BOE-62A) with the claim.
2-7. The original property must be subject to reappraisal at its current fair market value unless the buyer(s) also qualify the property as a replacement property for a base year value transfer due to intercounty/ intercounty disaster relief or a base year value transfer for persons aged 55 or over. Therefore, most transfers between parents and children will not qualify.
3. What is the definition of a severely and permanently disabled person?
For property tax purposes, a severely and permanently disabled person is defined as "any person who has a physical disability or impairment, whether from birth or by reason of accident or disease, that results in a functional limitation as to employment or substantially limits one or more major life activities of that person, and that has been diagnosed as permanently affecting the person’s ability to function, including, but not limited to, any disability or impairment that affects sight, speech, hearing, or the use of any limbs."
4. What documentation is required?
You must provide proof of severe and permanent disability and file a claim with the assessor who will then determine if you qualify. Appropriate proof of disability is a certificate signed by a licensed physician or surgeon attesting to the claimant’s severe and permanent disability.
If you are filing a request for property tax exclusion for modifications made to improve accessibility, in addition to the claim and proof of disability, a statement must be provided that identifies the construction, installation, or modification that was necessary to make the structure more accessible.
5. Can a person with a mental disability qualify for relief under Proposition 110?
Mental disabilities do not meet the definition of "severely and permanently disabled" for property tax purposes, which specifies physical disability or impairment. A person with a mental disability may qualify on the basis of age (under Proposition 60/90), but not disability.
6. How do I file for Proposition 110 tax relief?
An application must be filed with the county assessor where the replacement property is located. If you are filing for the base year value transfer, the claim form is BOE-62, The Disabled Persons Claim for Transfer of Base-Year Value to Replacement Dwelling.
If you are filing for the new construction exclusion on a home that is eligible for the homeowners' exemption, the claim form is BOE-63, Disabled Persons Claim for Exclusion of New Construction. If you are filing for the new construction exclusion on a structure that is not eligible for the homeowners' exemption, the form is BOE-63-A, Claim for Disabled Accessibility Construction Exclusion from Assessment.
These forms may be obtained from your assessor's office or some counties offer a downloadable form from their internet website which can be accessed via the board website: /proptaxes/assessors.htm
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