Real Estate & Taxes in California

Real Estate Taxes in California: What to Know Before You Buy, Sell, or Inherit

Owning a home in California is a dream for many, but navigating the state’s complex property tax system can feel like a nightmare. From the foundational rules of Proposition 13 to the recent changes brought by Proposition 19, homeowners often have more questions than answers. This guide is designed to demystify California’s property tax landscape, offering clear, straightforward information to help you understand your rights and responsibilities.

We’ll walk through how property taxes are calculated, explore valuable exemptions that can save you money, and explain how recent laws impact homeowners, especially seniors and those inheriting property. Whether you’re a new buyer, a long-time resident, or planning for the future, this article provides the essential information you need.

The Foundation: How Proposition 13 Shapes Your Tax Bill

The cornerstone of California’s property tax system is Proposition 13, a landmark measure passed in 1978. Its primary goal was to protect homeowners from skyrocketing property tax bills.

Here’s the simple breakdown of how it works:

  • The 1% Rule: Prop 13 caps your annual property tax at 1% of your home’s assessed value at the time you purchased it. This is often called the “base year value.”
  • Annual Adjustments: Your property’s assessed value can only increase by a maximum of 2% each year, tied to the rate of inflation. This prevents your tax bill from suddenly jumping, even if your home’s market value increases dramatically.
  • Reassessment Events: The assessed value of your property is only reset to its current market value when a “change of ownership” occurs—meaning when you sell the property—or when you complete significant new construction.

Because of Prop 13, two neighbors in identical houses could have vastly different property tax bills. A long-time owner who bought their home decades ago likely pays far less than a new neighbor who just purchased their home at today’s market prices. As noted by real estate resource realpha.com, while the base tax rate is 1%, additional local taxes often mean the effective rate is higher, creating this disparity.

Understanding how Proposition 13 affects your business’s real estate portfolio is the first step. Creating a custom plan to manage these rules and protect your long-term goals is the next step. Call Bay Legal PC at (650) 668-8000. In your first, no-obligation meeting, we can explore your options and help you determine the right path forward for your holdings.

A New Era for Homeowners: Understanding Proposition 19 California Property Tax

One of the most significant recent changes to property tax law is Proposition 19, which went into effect in 2021. This law brought major changes for both seniors looking to move and for families inheriting property.

California Property Tax Transfer for Seniors Over 55

Prop 19 provides a powerful benefit for homeowners who are over 55, severely disabled, or victims of natural disasters. It allows them to sell their primary residence and transfer its original assessed value to a new home anywhere in California.

Here are the key advantages:

  • Move Anywhere in the State: Unlike previous rules that limited transfers to certain counties, you can now move to any of California’s 58 counties.
  • Buy a More Expensive Home: You can transfer your tax base to a new home of any value. If the new home is more expensive, the difference in market value will be added to your transferred base value.
  • Use the Benefit Up to Three Times: For most homeowners, this benefit can be used up to three times, offering significant flexibility.

This change helps seniors downsize or relocate to be closer to family without facing a massive property tax increase.

Changes to Inherited Property Rules

Prop 19 also significantly altered the rules for inheriting property. Previously, children could inherit their parents’ home and keep the low property tax assessment, regardless of how they used the property.

The new rules are much stricter:

  • Primary Residence Requirement: To receive any tax basis protection, the heir must use the inherited home as their primary residence within one year.
  • $1 Million Cap: If the home’s market value at the time of inheritance exceeds the parent’s assessed value by more than $1 million, the assessment will be adjusted upwards.

Any inherited property not used as a primary residence will be fully reassessed at its current market value. Financial insights from cnb.com highlight that this has major implications for families intending to use inherited properties as rentals or vacation homes.

Navigating Capital Gains Tax on Your Home Sale in California

When you sell your home for a profit, that profit is considered a capital gain and is subject to tax. However, there’s a generous exclusion that can help many homeowners avoid this tax entirely. The “Home Sale Exclusion” allows you to exclude a significant portion of your profit from your taxable income.

  • Exclusion Amounts: You can exclude up to $250,000 of gain if you’re a single filer, or up to $500,000 if you’re married and file a joint return.
  • Eligibility Rules: To qualify, you must have owned and lived in the home as your primary residence for at least two of the five years leading up to the sale.

This is a federal tax exclusion that California follows. Any profit that exceeds the exclusion limits is taxed as income.

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How to Lower Your Property Tax Bill

While property taxes are a certainty for homeowners, your annual bill isn’t always set in stone. California law provides two primary avenues for potentially lowering your tax liability: applying for valuable exemptions and appealing your property’s assessed value if you believe it’s incorrect. Understanding these processes can lead to significant savings.

How to Apply for Homeowner’s Exemption in California

One of the easiest ways to save is the Homeowner’s Exemption. If you own and occupy your home as your principal residence, you may be eligible for an exemption of up to $7,000 off your property’s assessed value. Real estate guide listwithclever.com points out that this typically saves homeowners around $70-$80 on their annual tax bill.

Applying is simple. The claim form is typically mailed to you by the county assessor after a change of ownership is recorded. You just need to fill it out and return it. If you didn’t receive one, you can download the form from your county assessor’s website.

How to Appeal Property Tax Assessment in Los Angeles County

If you believe your home’s assessed value is too high, you have the right to appeal it. The process is similar across counties, but let’s use Los Angeles County as a specific example.

  1. File an Application: You must file an “Application for Changed Assessment” with the Assessment Appeals Board. There is a limited filing period, typically from July 2 to November 30.
  2. Provide Evidence: The burden of proof is on you to show that your property’s market value is lower than its assessed value. Strong evidence includes recent sales of comparable properties in your neighborhood, a professional appraisal, or photos of damage to your property.
  3. Attend a Hearing: You will present your case at a hearing before the Appeals Board, which will make a final decision.

Appealing can be a complex process, and gathering the right evidence is key.

Challenging a property tax assessment can feel overwhelming, but for a business, it can be a critical step in managing assets. If you’re looking to ensure your properties are valued fairly, let’s talk. We can explore your situation in an initial meeting with no obligation to proceed. For clear guidance on protecting your company’s bottom line, you can call Bay Legal PC at (650) 668-8000 today.

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Planning for the Future: Estates and Law Changes

Proper estate planning is crucial for homeowners in California. A well-structured plan helps ensure your property is transferred according to your wishes while minimizing potential tax burdens. Bay Legal PC advises on estate planning and collaborates with your tax or financial advisors for specialized needs.

It’s important to be aware of upcoming law changes. For example, as of 2026, major changes to the federal estate tax exemption are set to take effect, which could impact your estate plan. Consulting with an experienced attorney can help you stay current.

Many people assume that a will is enough, but assets passed down through a will often have to go through a court process called probate. Certain small estates may qualify for simplified procedures, though most estates passing via will do require probate. Trusts are a common tool used to avoid probate and provide more control over your assets.

Your real estate is a key part of your business and family legacy. With tax laws changing, especially with the federal estate tax exemption adjustments expected around 2026, having a proactive plan is essential. We help create personalized strategies to protect what you’ve built. Let’s explore your options in a first meeting with no obligation to proceed. To secure your company’s future, the first step is to call Bay Legal PC at (650) 668-8000.

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Common Tax and Legal Questions

Explore answers to frequently asked tax and legal questions to help you navigate complex issues with confidence.
⦾ What is a supplemental property tax bill?

A supplemental property tax bill is a one-time bill that covers the difference between the old assessed value and the new assessed value after a property changes ownership or undergoes new construction. It bridges the gap until the regular tax bill is adjusted in the next fiscal year.

⦾ Are there other property tax exemptions available in California?

Yes. Besides the Homeowner’s Exemption, California offers a Disabled Veterans’ Property Tax Exemption, which provides a significant reduction for veterans with service-connected disabilities. There are also exemptions for properties used for religious, charitable, or hospital purposes.

⦾ What happens if I don't pay my property taxes?

If you fail to pay your property taxes, the county will place a tax lien on your property. You will incur penalties and interest. If the taxes remain unpaid for five years, the county has the right to sell your property at a tax auction to recover the owed amount.

⦾ How does a transfer between parents and children affect property taxes under Prop 19?

Under Prop 19, a transfer of a primary residence from a parent to a child may retain some of the parent’s low tax basis, but only if the child uses the home as their primary residence. If they don’t, the property is fully reassessed to its current market value.

⦾ Do I need a lawyer to help with property tax issues?

While you can handle many property tax matters on your own, such as applying for the Homeowner’s Exemption, an attorney can be very helpful in more complex situations. Bay Legal PC advises on legal and financial aspects to help avoid common pitfalls in matters like property tax appeals, estate planning involving real estate, and navigating the nuances of Prop 19.

This website and its contents are for informational purposes only and do not constitute legal advice. Prior results do not guarantee a similar outcome. Every estate planning matter is unique and depends on specific circumstances and applicable law. Viewing this site or contacting Bay Legal, PC does not create an attorney–client relationship. If you need legal advice, please schedule a consultation with a licensed attorney.

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