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County Property Assessment-Proposition 13
The following is a simplified discussion of Proposition 13 and California property taxes in general. It is not a complete Prop 13 explanation but simply an introduction into the California property tax assessment procedures. For a complete understanding of the California property tax Law on a county by county basis, please read the Property Taxes Law Guide and The State Board of Equalization audits (this one is for Contra Costa as an example).
Pre Proposition 13
Before the passage of Proposition 13 California property taxes were raised by an annual assessment of all property located in the state of California. Simply stated California property tax was based on the fair value of your property each year as shown in the assessment on your tax bill. Each year, as California property values increased, so did the value assessment for the property tax payment.
The system worked fine until California property values began to appreciate at an accelerated rate, which then resulted in increasingly higher assessments and increasingly higher California property taxes. People who didn’t change residences or other properties found themselves with escalating California property tax bills with personal income that didn’t follow suit. The California property tax system was broken and the fix was Proposition 13.
Proposition 13
To summarize, before proposition 13 California property taxes were based upon the fair market value of your property each year. Should values increase at a greater than normal rate, so did your California property taxes.
With Prop 13 California property tax law changed extraordinarily as stated in the paragraph from Proposition 13 below:
Section 1. (a) The maximum amount of any ad valorem tax on real property shall not exceed One percent (1%) of the full cash value of such property. The one percent (1%) tax to be collected by the counties and apportioned according to law to the districts within the counties.
This meant that each year the state could collect no more than 1% of the assessed value of California real property. It went on to say that the county assessor could raise the value of the given property no more than 2% annually. As an example, if the value increased 5% this new California property tax law limited the assessment to a 2% increase.
As stated in an earlier page, when a new property is completed (completion of new construction) or when a property is sold (change in ownership) Proposition 13 provides that a base year value be determined. To assist in this determination a rule was created, Rule 2 which stated that in the absence of evidence to the contrary, it would be assumed that fair market value was the price paid in a sale of property made in an arms length transaction between a knowledgeable buyer and a knowledgeable seller neither of which was taking advantage of the other. For the purpose of making a value assessment for California property taxes, if the buyer bought a property for $500,000 from the seller with no extenuating circumstances, then $500,000 would be considered the base your value.
Proposition 13 then stated that each year the maximum assessment increase was the base year +1%. The taxpayers voted, the government cried foul but the vote carried and Proposition 13 was passed.
All went well in the property tax world as properties appreciated and taxes lagged behind until something different happened. Property values began to fall and yet the assessed value continue to be raised by 2% in accordance with Proposition 13. This presented an unforeseen problem with assessments for California property taxes which resulted in a new Proposition.
Go to PROPOSITION 8
If this is enough information and you wish to have your property taxes reduced, please call us immediately at (888) 678-9TAX or fill out the simple form below and we will contact you at your convenience.
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Proposition 8 and Proposition 13
California Property Tax Law as practiced in each county by the County Assessor's office is contained within the Property Taxes Law Guide. The California State Board of Equalization oversees the Assessor who in turn sets values, both house and commercial property values.
In the county where the assessment is to be made, the California property tax Assessor has the responsibility of setting a base year value for every property. This occurs generally on the completion of new construction or change in ownership of a given property. Once the base year value assessment is made the California property taxes then fall under Proposition 13 and Proposition 8.
PROPOSITION 13
On June 6, 1978 Proposition 13 (Prop 13) was selected by the voters in the State of California to be the tool to lower and stabilize Assessment Values in every county. Under Prop 13 the base year value is established upon a change in ownership or completion of new construction. Thereafter assessed value increases are limited to 2% per year by the Assessor of each county . The County Assessor may however choose not to increase the value or even lower the assessment value in certain cases.
This was an excellent idea as long as property values were appreciating. But what would happen if property values depreciated? For this reason, Proposition 8 came to be.
PROPOSITION 8
Proposition 8 provides that, as it pertains to California property taxes, the County Assessor may, in any tax year where the fair market value of an assessed property is lower than the value on the assessment roll, reduce the value. The problem is that seldom does the County Assessor initiate the value reduction correctly. When an attempt is made it is generally not sufficient to reflect the actual fair market value. Because of this, the responsibility for a property tax reduction is on you, the property owner.
The second problem with Proposition 8 is that the Assessor "may" reduce the value of the assessment. Many county assessors offices simply do not have the personnel to determine fair market value of the real property in the county timely. Many others fail to admit the value reductions have taken place and should be reflected in the California property tax assessment. In these cases the California property tax payer must act.
Depending on the time of the year different options may be taken relative to the property type. Informal appeals as well as formal appeals can be requested and filed, dialogue with the assessor's representatives relative to the California property tax assessment value can be made, and, generally as a last resort, an appearance before the California property tax Assessment Appeals Board may be required.
The experts at California Property Tax Associates-CAPTA have the experience to handle any property type in any California County. Over the many years of their existence they have saved thousands upon thousands of clients millions and millions of dollars.
If you're ready for your county property taxes to be reduced to their lowest possible value please call us at (888) 678-9TAX. Or, if you prefer simply fill out the form below and we will contact you at your convenience. But please do so now as deadlines are rapidly approaching and, once past all potential for a reduction is lost.
