3 ms·
> My understanding is Prop 19 is easily evaded by trusts No, trusts do not evade Proposition 19 (although some people scrambled to transfer to children with a
by yonran 6y ago
> My understanding is Prop 19 is easily evaded by trusts
No, trusts do not evade Proposition 19 (although some people scrambled to transfer to children with a trust before Feb 15 to avoid Proposition 19’s new terms). Under Proposition 13/RTC 60, the assessor always looks through the trust to see the beneficial owner at any time. LLCs may be useful though to preserve up to 49% of the discount on transfer as described in this article: https://www.pe.com/2021/01/15/prop-19-whats-next-for-homeowners-and-their-children/ https://www.pe.com/2021/01/15/prop-19-whats-next-for-homeown....
> Even without hiding ownership, an inheritor could easily live in the property for a year after inheriting (or claim to —— enforcement seems difficult), lock in the old tax basis, and then move out
No, the Board of Equalization’s guidance is to remove the parent-child exclusion as soon as the child stops qualifying for the homeowner’s exemption. According to the Board of Equalization letter to assessors from 2021-01-08, “at the time the family home is no longer the primary residence of a transferee, the change in ownership exclusion that applied at the initial transfer of the family home is lost.” https://www.boe.ca.gov/meetings/pdf/2021/011421-M1a1-Legal-Analysis.pdf https://www.boe.ca.gov/meetings/pdf/2021/011421-M1a1-Legal-A...
- shuckles 6y agoI stand corrected. This is great to know.