Request for Informal Assessment Review of Multi-Residential Properties. An assessor may require a claimant for the exclusion to either submit the trust instrument or copies of portions of the instrument that identify the beneficiaries and their interests, enumerate the powers of the trustee, and set forth other relevant terms regarding the disposition of the trust property and assets, as a condition of processing and granting the exclusion. Letter to Assessors 2013-21. Please include: (1) a statement that you want to know how much of your parent-child exclusion you have used, (2) your name, (3) your social security number, and (4) a return fax number or address. Senior citizens and blind or disabled persons in Santa Clara County can apply for a postponement on their property tax as long as they are at least a 40% owner of the property and . County of Santa Clara COVID-19 Vaccine Information for the Public. 19-G. Assessor Property Transfer UnitCounty Government Center, East Wing, 5th Floor70 West Hedding St., San Jose, CA 95110Phone: 408-299-5540Fax: 408-298-9446Email: [email protected]: 408-298-9446. Even for Californian standards, a median property tax bill of over $6,600 is punishingly high. Now that the children are grown adults, their grandparents wish to gift a piece of bare land to them. Veterans' exemption. However, if the value of the replacement home is greater than the value of the original property, the difference in market values is to be added to the transferred base year value (, The purchase of a replacement property if the original property was taken by governmental action, such as eminent domain or inverse condemnation (, The purchase of a new principal residence by a person who is severely disabled(, Transfers of real property between registered domestic partners that occurred between January 1, 2000, and January 1, 2006(, Parent to/from Child (on/or after 2/16/21- Prop 19), Parent to/from Child (on/or prior to 2/15/21 Prop 58), Transfer Assessed Values FAQ (Proposition 19, 3, 58, 60, 90), Proposition 8 Decline in Value Request - Mobile Home, Temporary Decline in Market Value (Proposition 8), Transfers of real property between spouses, which include transfers in and out of a trust for the benefit of a spouse, the addition of a spouse on a deed, transfers upon the death of a spouse, and transfers pursuant to a divorce settlement or court order (, Transfers of real property between registered domestic partners that occur on or after January 1, 2006, which include transfers in and out of a trust for the benefit of a partner, the addition of a partner on a deed, transfers upon the death of a partner, and transfers pursuant to a settlement agreement or court order upon the termination of the domestic partnership (. This is a California form and can be use in Santa Clara Local County. Your son-in-law is still deemed to be a child of yours, until he remarries, thus disqualifying your grandchildren as eligible transferees. Please send a fax to the County Assessed Properties Division at 1-916-285-0134 that includes: (1) a written authorization signed by your client that says we can release their information to you, (2) your client's name, (3) your client's social security number, and (4) a return fax number if your office has multiple locations. On our platform, you can find useful tools for avoiding phishing emails and text messages, sending faxes online, stopping annoying robocalls, or signing up for new services without phone verification. If the application is not designated as a claim for refund (if Box 8 is marked as "NO" or blank) you must file a claim for refund of over-paid taxes with the Board of Supervisors within one . Learn More. California Government Code 6254.21 states that "No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual." The State of California generally has low property tax rates, and Santa Clara follows this trend. A child, by virtue of being a child, is not a person who is eligible to get their parents information unless they are acting in one of the above-mentioned roles. The Assessor has developed an on line tool to look up basic information, such as assessed value and assessor's parcel number (APN), for real property in Santa Clara County. Martindale-Hubbell is the facilitator of a peer review rating process. including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 19-P. ACTION TO CONSIDER: The surviving cotenant that receives the property must file an affidavit with the county recorder, in which the surviving cotenant affirms under penalty of perjury that the cotenants used the property as the cotenants principal place of residence for the one-year period preceding the cotenants death. California Department of Tax and Fee Administration, Transfers of primary residences (no value limit). Can I still be granted the exclusion if I file after the three-year filing period? DoNotPay knows how much bills like this can hurt. County of Santa Clara County Government Center, East Wing 70 West Hedding Street, 5th Floor San Jose, CA 95110-1771 (408) 299-5500 . Is the processing fee refundable? Transfers that occur prior to that date fall under Proposition 58 and Proposition 193 provisions, respectively. For all deaths and transfers that occur on or after July 1, 2003, Rule 462.24(k) applies so that property left to a Registered Domestic Partner by intestate succession will not be reassessed. Copyright 2023 e-Forms Network Group and California Assessors' Association (CAA), CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PRIMARY RESIDENCE FOR PERSONS AT LEAST AGE 55 YEARS, CERTIFICATION OF VALUE BY ASSESSOR FOR BASE YEAR VALUE TRANSFER, CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PRIMARY RESIDENCE FOR SEVERELY DISABLED PERSONS, CLAIM FOR REASSESSMENT EXCLUSION FORTRANSFER BETWEEN GRANDPARENT AND GRANDCHILD OCCURRING ON OR AFTER FEBRUARY 16, 2021, CLAIM FOR REASSESSMENT EXCLUSION FORTRANSFER BETWEEN PARENT AND CHILD OCCURRING ON OR AFTER FEBRUARY 16, 2021, CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PRIMARY RESIDENCE FOR VICTIMS OF WILDFIRE OR OTHER NATURAL DISASTER, CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER FROM GRANDPARENT TO GRANDCHILD, CLAIM OF PERSON(S) AT LEAST 55 YEARS OF AGE FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT DWELLING (INTRACOUNTY AND INTERCOUNTY, WHEN APPLICABLE), NOTICE OF RESCISSION OF CLAIM TO TRANSFER BASE YEAR VALUE TO REPLACEMENT DWELLING, DISABLED PERSONS CLAIM FOR TRANSFER OF BASE YEAR VALUE TO REPLACEMENT DWELLING (INTRACOUNTY AND INTERCOUNTY, WHEN APPLICABLE), CLAIM FOR REASSESSMENT REVERSAL FOR LOCAL REGISTERED DOMESTIC PARTNERS, REASSESSMENT EXCLUSION FOR TRANSFER OF CORPORATION STOCK FROM PARENT TO CHILD, DISABLED PERSONS CLAIM FOR EXCLUSION OF NEW CONSTRUCTION FOR OCCUPIED DWELLING, CLAIM FOR DISABLED ACCESSIBILITY CONSTRUCTION EXCLUSION FROM ASSESSMENT FOR ADA COMPLIANCE, CLAIM FOR SEISMIC SAFETY CONSTRUCTION EXCLUSION FROM ASSESSMENT, INITIAL PURCHASER CLAIM FOR RAIN WATER CAPTURE SYSTEM NEW CONSTRUCTION EXCLUSION, INITIAL PURCHASER CLAIM FOR SOLAR ENERGY SYSTEM NEW CONSTRUCTION EXCLUSION, CLAIM FOR TRANSFER OF BASE YEAR VALUE FROM QUALIFIED CONTAMINATED PROPERTY TO REPLACEMENT PROPERTY, CLAIM FOR INTRACOUNTY TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PROPERTY FOR PROPERTY DAMAGED OR DESTROYED IN A GOVERNOR-DECLARED DISASTER, CLAIM FOR INTERCOUNTY TRANSFER OF BASE YEAR VALUE TO REPLACEMENT PROPERTY FROM PRINCIPAL RESIDENCE DAMAGED OR DESTROYED IN A GOVERNOR-DECLARED DISASTER, CLAIM FOR BASE YEAR VALUE TRANSFER-ACQUISITION BY PUBLIC ENTITY, WELFARE EXEMPTION SECTION 231 CHANGE IN ELIGIBILITY OR TERMINATION NOTICE, EXEMPTION OF LEASED PROPERTY USED EXCLUSIVELY FOR LOW-INCOME HOUSING, SUPPLEMENTAL AFFIDAVIT FOR BOE-236 HOUSING LOWER-INCOME HOUSEHOLDS ELIGIBILITY BASED ON FAMILY HOUSEHOLD INCOME (YEARLY FILING), SUPPLEMENTAL AFFIDAVIT FOR BOE-237 HOUSING LOWER-INCOME HOUSEHOLDS ELIGIBILITY BASED ON FAMILY HOUSEHOLD INCOME (YEARLY FILING), CERTIFICATE AND AFFIDAVIT FOR EXEMPTION OF WORK OF ART, CERTIFICATE AND AFFIDAVIT FOR EXEMPTION OF CERTAIN AIRCRAFT, CLAIM FOR EXEMPTION FROM PROPERTY TAXES OF AIRCRAFT OF HISTORICAL SIGNIFICANCE, SERVICEMEMBERS CIVIL RELIEF ACT DECLARATION, CLAIM FOR DISABLED VETERANS' PROPERTY TAX EXEMPTION, DISABLED VETERANS' EXEMPTION CHANGE OF ELIGIBILITY REPORT, CHURCH EXEMPTION PROPERTY USED SOLELY FOR RELIGIOUS WORSHIP, CEMETERY EXEMPTION CHANGE IN ELIGIBILITY OR TERMINATION NOTICE, OWNERSHIP STATEMENT COOPERATIVE HOUSING CORPORATION, CLAIM FOR WELFARE EXEMPTION (FIRST FILING), CLAIM FOR WELFARE EXEMPTION (ANNUAL FILING), WELFARE OR VETERANS' ORGANIZATION EXEMPTION ASSESSOR'S FINDING ON QUALIFICATION OF PROPERTY USE, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSING ELDERLY OR HANDICAPPED FAMILIES, ELDERLY OR HANDICAPPED FAMILIES FAMILY HOUSEHOLD INCOME REPORTING WORKSHEET, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSING LOWER INCOME HOUSEHOLDS, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, LOW-INCOME HOUSING PROPERTY OF LIMITED PARTNERSHIP, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSING LOWER INCOME HOUSEHOLDS TENANT DATA, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, HOUSEHOLDS EXCEEDING LOW-INCOME LIMITS "OVER-INCOME" TENANT DATA (140 PERCENT AMI), LOWER INCOME HOUSEHOLDS FAMILY HOUSEHOLD INCOME REPORTING WORKSHEET, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, ORGANIZATIONS AND PERSONS USING CLAIMANT'S REAL PROPERTY, WELFARE EXEMPTION SUPPLEMENTAL AFFIDAVIT, REHABILITATION LIVING QUARTERS, RELIGIOUS EXEMPTION CHANGE IN ELIGIBILITY OR TERMINATION NOTICE, CLAIM FOR VETERANS' ORGANIZATION EXEMPTION, VETERANS' ORGANIZATION EXEMPTION ASSESSOR'S FIELD INSPECTION REPORT, EXHIBITION EXEMPTION CLAIM FROM PROPERTY TAXES, MUTUAL OR PRIVATE WATER COMPANY PROPERTY STATEMENT, AGGREGATE PRODUCTION REPORT (INCLUDES SAND, GRAVEL, STONE, LIMESTONE, CLAY AND SIMILAR PRODUCTS), MINING PRODUCTION REPORT (INCLUDES DIATOMITE, IRON, RARE EARTHS, GOLD, TALC, TUNGSTEN, AND OTHER MINERALS), SUPPLEMENTARY SCHEDULE TO THE BUSINESS PROPERTY STATEMENT - AIRCRAFT COST REPORT, SUPPLEMENTARY SCHEDULE TO THE BUSINESS PROPERTY STATEMENT - AIRCRAFT VALUE COMPUTATION, REGISTERED AND SHOW HORSES OTHER THAN RACEHORSES, HORSE PROPERTY STATEMENT (OTHER THAN RACEHORSES), ALTERNATE SCHEDULE A FOR BANK, INSURANCE COMPANY, OR FINANCIAL CORPORATION FIXTURES. A transfer of more than 50% of the interests of original co-owners in a legal entity is a CIO of the real property owned by the entity. Any resale of this information is prohibited. Caution: The step transaction doctrine may apply and the property could be reassessed if the Parent-Child Exclusion did not apply in the above example. Your feedback is important in determining the type of and demand for services needed by the public. In cases where the transferred property was being assessed at its current market value under Proposition 8 at time of transfer (that is, its market value had fallen below the transferor's original Proposition 13 factored base year value), it may be beneficial for the new owner not to claim the exemption and instead accept a new Proposition 13 base year reassessment. I know I've filed claims and used part of my $1 million exclusion, but I don't know how much. These transfers may be excluded from reassessment if a claim is filed and certain requirements are met. Parent(s) of the grandchild, who qualifies as a child(ren) of grandparent, must be deceased on the date of transfer [RTC Sec. ACTION TO CONSIDER: The exclusion does not apply to grandchildren unless both parents are deceased. A person adopted after reaching the age of 18 is not considered a child for purposes of the parent-child exclusion. Mom, Dad and Son owning real property 40%, 40% and 20% can also transfer the real property to an LLC in which the Mom, Dad and Son have the same proportionate interests. You may also request the form (or ask questions) by calling (916) 875-0750 (8am-4pm), or byFAX at (916) 875-0765. All Rights Reserved. A timely Claim for Reassessment Exclusion for Transfer Between Parent and Child must be filed to receive the exclusion. Our lawyer bots work around the clock to get you due date extensions for utility bills, reduce your property taxes, or stop stalking and harassment before it gets ugly. | Contact Us Use either Claim for Reassessment Exclusion for Transfer Between Parent and Child or Between Grandparent and Grandchild (a more limited exception). It looks like your browser does not have JavaScript enabled. Is there a way that I can get this information? PARENT/CHILD AND GRANDPARENT/GRANDCHILD TRANSFERS, FOR TRANSFERS THAT OCCURRED PRIOR TO FEBRUARY 16, 2021. Any resale of this information is prohibited. Is there a limit placed on my principal residence's assessed value that may be excluded from reassessment? However, additional documentation may benecessary. Then, the co-owners become Original Transferors: If one of them dies, the property will not be reassessed. However, documentation will be requested. A transfer pursuant to a court order upon termination of the domestic partnership. No. Property Transfer Unit. Dog & Cat Friendly Fitness Center Clubhouse CableReady Laundry Facilities. | Report a Problem A and B cannot then transfer all of their Original Co-Owner interest to Corporation X and Corporation Y, without the property being reassessed. When the property passes to the other upon the death of A or B, the real property is not reassessed. Your daughter's divorce terminated the relationship between you and your son-in-law. Additional verification may be required to demonstrate a specific exemption applies to the transaction. Therefore, the first year's enrolled value would be the base year value as of the year of transfer, factored for inflation plus any additional value which has been enrolled because of new construction. Still nothing? How Does Santa Clara County Work Out Your Property Tax? There is Hope. Transfers of real property to an irrevocable trust for the benefit of the creator/grantor or the creator/grantor's spouse. County Assessed Properties Division, MIC: 64 The creation, assignment, termination, or reconveyance of a lender's security interest in real property or any transfer required for financing purposes only (for example, co-signor). * CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Thus, for these types of transfers, the real property will not be reappraised. The County of Santa Clara assumes no responsibility arising from use of this information. Without a complete understanding of the issues, one could easily trigger a reassessment of property that could have been avoided with proper planning. Who are considered eligible children under Proposition 58 and grandchildren under Proposition 193? Since your ex-son-in-law is not considered your child for purposes of this exclusion, your grandchildren are eligible transferees of your property. 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