Calif. Revenue and Taxation Code §62
Amended by A.B. 2663
Effective date: September 29, 2018
A person whose real property was reassessed due to a transfer from their registered domestic partner between January 1, 2000 and June 26, 2015 may have the reassessment reversed by filing a claim with their county assessor. The claim needs to be made no later than June 30, 2022, and include documentation reflecting that the domestic partnership was registered on or before the date of the relevant property transfer and that they were of the same sex at the time of registration.
Property transfers eligible for a reassessment reversal under this change include:
- transfers to a trustee benefitting a:
- domestic partner;
- surviving domestic partner of a deceased transferor; or
- trustee of such a trust to the domestic partner of the trustor;
- transfers triggered by the death of a domestic partner;
- transfers to a current or former domestic partner from a property settlement agreement or dissolution of a domestic partnership or legal separation;
- the creation, transfer or termination of a co-owner’s interest; and
- the distribution of a legal entity’s property to a current or former domestic partner in exchange for the partner’s interest in the entity from a property settlement agreement or dissolution of a domestic partnership or legal separation.
The reassessment reversal will apply starting with the lien date of the assessment year in which the claim is filed.
The adjusted full cash value of the property will be its adjusted base year value in the assessment year the purchase or transfer took place, factored into the assessment year of the claim for:
- annual inflation; and
- new construction on the property.
Editor’s note—This bill’s property transfer eligibility period likely ends on June 26, 2015 because that was the day the United States Supreme Court ruled on Obergefell v. Hodges, guaranteeing same-sex couples the right to marry in all 50 states.
