Example 1: A brother and sister are equal co-owners of a primary residence. The sister sells her 50 percent interest to her brother and purchases a separate residence. Even if the sister is otherwise qualified, she is ineligible to transfer her portion of the base year value of the primary residence to her new residence, since the original primary residence did not undergo a 100 percent change in ownership that resulted in a reappraisal of the property at its current full cash value.
Example 2: Owner sells their original primary residence for $515,000. Owner and two other persons together purchase a replacement primary residence for $500,000. If Owner is otherwise qualified, the factored base year value of their original primary residence can be transferred to the replacement primary residence. Even though Owner owns only a one-third interest in the replacement primary residence, 100 percent of the original primary residence changed ownership and 100 percent of the replacement primary residence underwent a change in ownership within two years. Only Owner is considered a claimant, even if the other co-owners will benefit from the Owner's base year value transfer.
Example 3: Owner is the sole owner of a primary residence, which has a market value of $500,000. Co-owner purchases a 50 percent interest in Owner's property for $250,000. Co-owner sold their original primary residence for $200,000 and meets all other requirements. Co-owner may not transfer the base year value of their original primary residence to their 50 percent interest in Owner's primary residence, since Owner's primary residence did not undergo a 100 percent change in ownership.
Example 4: Owner sells their original primary residence on February 1, 2021. Owner purchased a replacement primary residence on January 10, 2023. Subject to all other conditions and requirements of this section, Owner may transfer the base year value of their original primary residence to their replacement primary residence as of January 10, 2023, since the replacement primary residence was purchased within two years of the sale of the original primary residence.
Example 5: Owner purchased a replacement primary residence on March 10, 2020 and sells their original primary residence on May 5, 2021. Subject to all the other conditions and requirements of this section, Owner may transfer the base year value of their original primary residence to their replacement primary residence as of May 5, 2021, since the replacement primary residence was purchased within two years of the sale of the original primary residence.
Example 6: Husband and wife own an original primary residence as community property. Husband has been granted the relief provided by this section three times previously. Wife has never been granted such relief. Subject to all other conditions and requirements of this section, Husband and Wife may sell their original primary residence and transfer its factored base year value to a purchased or newly constructed replacement primary residence if Wife files a claim for exclusion, since Wife has not used the exclusion more than two previous times.
Example 7: The factored base year value of Owner's original primary residence is $300,000. Owner sells their original primary residence for $550,000. Owner purchases a replacement primary residence for $500,000. Since the full cash value of Owner's replacement primary residence ($500,000) is less than the full cash value of the original primary residence ($550,000), the new base year value of the replacement primary residence is $300,000.
Example 8: The factored base year value of Owner's original primary residence is $300,000. Owner sells their original primary residence for $550,000 on June 1, 2021. Owner purchases a replacement primary residence for $600,000 on August 1, 2021. Since the full cash value of Owner's replacement primary residence ($600,000) is greater than 105 percent of the full cash value of the original primary residence ($577,500 = $550,000 multiplied by 1.05), the new base year value of the replacement primary residence is $322,500 ($300,000 factored base year value of original primary residence plus $22,500, which is the difference between the full cash value of the replacement primary residence ($600,000) and the adjusted full cash value of the original primary residence ($577,500)).
Example 9: Owner purchased a replacement primary residence on March 1, 2021 for $680,000. Owner sold their original primary residence on March 1, 2022 for $700,000. The factored base year value of the Owner's original primary residence at the time of sale was $300,000. Owner files a claim for a base year value transfer on February 3, 2025. While the Owner is still eligible to file a claim for the base year value transfer, since the claim was not filed within three years of the purchase of the replacement primary residence, the base year value of the original primary residence is transferred to the replacement primary residence as of lien date January 1, 2025, the lien date of the assessment year in which the claim is filed, rather than the date the original primary residence was sold. Thus, the new base year value to be enrolled for the 2025-26 fiscal year is $300,000 multiplied by the inflation adjustment factor each year until 2025.
Example 10: Owner purchased a replacement primary residence on March 1, 2021. The assessor processed a change in ownership and reassessed the property. Owner sold their original primary residence on March 1, 2022. Owner files a claim for a base year value transfer on February 1, 2024. Since the claim was filed within three years of the purchase of the replacement primary residence, the base year value of the original primary residence is transferred to the replacement primary residence as of March 1, 2022, if owner meets all the other conditions and requirements of this section. Any taxes that were levied on the replacement primary residence for the period March 1, 2022 to January 31, 2024, as a result of the change in ownership processed on March 1, 2021, will be canceled or will be refunded.
Example 11: Owner sold their original primary residence on May 10, 2021 for $700,000. Owner purchased a replacement primary residence on March 1, 2022 for $500,000, and filed a base year value transfer claim on March 15, 2022. On April 1, 2022, Owner began to construct an addition to the replacement primary residence and completed new construction on March 1, 2023. The value of the completed new construction was $100,000. Owner notified the assessor of the completion of the new construction on May 1, 2023. Subject to all the other conditions and requirements of this section, since the full cash value of the new construction ($100,000) plus the full cash value of the replacement primary residence on the date of purchase ($500,000) is not more than the full cash value of the original primary residence ($700,000), the new construction will not be reassessed.
Example 12: Owner sold their original primary residence for $700,000 when the factored base year value was $300,000. Several months later, owner purchased a replacement primary residence for $500,000, and filed a base year value transfer claim. After the claim was accepted, Owner began to construct an addition to the replacement primary residence and completed new construction later that year. The value of the completed new construction was $250,000. Subject to all the other conditions and requirements of this section, since the full cash value of the new construction ($250,000) plus the full cash value of the replacement primary residence on the date of purchase ($500,000) is more than the adjusted full cash value of the original primary residence ($735,000 = $700,000 multiplied by 1.05), the new base year value of the replacement primary residence is $315,000 ($300,000 factored base year value of original primary residence plus $15,000, which is the difference between (1) the sum of the full cash value of the replacement primary residence ($500,000) plus the full cash value of the new construction ($250,000), and (2) the adjusted full cash value of the original primary residence ($735,000)).
Cal. Code Regs. Tit. 18, § 462.540
2. Amendment filed 7-18-2022 as an emergency; operative 7-18-2022 (Register 2022, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-17-2023 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 1-18-2023 as an emergency, including further amendment of subsections (b)(2) -- Example 8 and (c)(3); operative 1-18-2023 (Register 2023, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-18-2023 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2023 order, including amendment of subsections (d)(2)(B)(ii), (f) and (g)(4), transmitted to OAL 3-8-2023 and filed 4-18-2023; amendments effective 4-18-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 16).
Note: Authority cited: Section 15606, Government Code. Reference: Article XIII A, Sections 2 and 2.1, California Constitution; and Sections 60, 69.5 and 69.6, Revenue and Taxation Code.
2. Amendment filed 7-18-2022 as an emergency; operative 7/18/2022 (Register 2022, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-17-2023 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 1-18-2023 as an emergency, including further amendment of subsections (b)(2) -- Example 8 and (c)(3); operative 1/18/2023 (Register 2023, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-18-2023 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2023 order, including amendment of subsections (d)(2)(B)(ii), (f) and (g)(4), transmitted to OAL 3-8-2023 and filed 4-18-2023; amendments effective 4/18/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 16).