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County of Madera

California

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Notice: Unsecured Taxes Due 8/31/17

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STAGE 3 WATER CONSERVATION NOTICE

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Proposition 60 Questions and Answers

  • What is Proposition 60?
    • Prop 60 was a constitutional amendment approved by the voters of California in 1986. It is codified in Section 69.5 of the Revenue & Taxation Code, and allows the transfer of an existing Proposition 13 base year value from a former residence to a replacement residence, if certain conditions are met. This benefit is open to homeowners who are at least 55-years old (or are disabled as specified in the law), and who meet the requirements outlined in the next question. Please click HERE to download the Prop 60 claim form.
  • How do I Qualify for this property tax benefit?
    • The following conditions must be met for tax relief to be granted under Prop 60:
      • a. Both the original property (former residence) and its replacement must be located in the same county.
      • b. As of the date of transfer of the original property, the seller or a spouse living with the seller must be at least 55 years old.
      • c. The original property must have been eligible for the Homeowners' Exemption or entitled to the Disabled Veterans' Exemption.
      • d. The replacement dwelling must be of equal or lesser value than the original property. This is explained in greater detail in Question 6.
      • e. Without exception, the replacement dwelling must be purchased or newly constructed within two years (before or after) of the sale of the original property.
      • f. The original property must be subject to reappraisal at its current fair market value as the result of its transfer, in accordance with Sections 110.1 or 5803 of the Revenue and Taxation Code.
      • g. Without exception, a claim for relief must be filed within three years of the date a replacement dwelling is purchased or new construction of a replacement dwelling is completed.
  • Is it true that only one claimant, out of several co-owners of a replacement dwelling, need be at least 55 as of the date of sale of an original property?
    • Yes, but the claimant must be an owner of record. Either the claimant or their spouse must also have been an occupant of the original property and at least 55 years old on the date of sale.
  • Can a taxpayer apply for and receive the benefit of Prop 60 more than once?
    • No. You are not eligible if you have been previously granted this benefit.
  • What is meant by 'equal or lesser value' than the original dwelling?
    • In general, "equal or lesser value" means:
      • 100 percent of the market value of an original property if a replacement dwelling is purchased before the original property is sold.
      • 105 percent of the market value of an original property if a replacement dwelling is purchased within one year after the sale of the original property.
      • 110 percent of the market value of an original property if a replacement dwelling is purchased within the second year after the sale of the original property.
  • Is the "equal or lesser value" test a simple comparison of the sales price of the original property and the purchase price or cost of new construction of the replacement dwelling?
    • No. The comparison must be made using the full market value of the original property and the full market value of the replacement dwelling as of its date of purchase or completion of new construction. This is important because sales prices are not always the same as market value. The assessor must determine the market value for each property, which may differ from sales price.
  • If the current full cash value of my replacement dwelling slightly exceeds the full market value of my original property, can I still receive a partial benefit?:
    • No. Unless the replacement dwelling satisfies the "equal or lesser value" test, no benefit is available.
  • May I give my original property to my child and still receive the Prop 60 benefit when I purchase a replacement property?
    • No. The law provides that an original property must be sold for consideration and subject to reappraisal at full market value at the time of sale. Original property transferred to a child or disposed of by gift or devise does not qualify.
  • Is the assessor prevented from issuing supplemental assessments when the factored base-year value is transferred from an original property to a replacement dwelling under Prop 60?
    • No. When the replacement dwelling is purchased or newly constructed, the assessor is mandated by law to issue supplemental assessments (positive or negative) for all transactions that result in a base-year value change, including those that qualify under Prop 60. ( Revenue and Taxation Code Section 75.) This is done by comparing the factored base-year value of the original property to the factored base-year value of the replacement dwelling.
  • Can I qualify for the benefits of Prop 60 when I sell my original property (owned by me alone) and purchase a replacement dwelling with several co-owners? What if I own only a 10 percent interest in the replacement dwelling?
    • Yes. The base year value of your original property can be transferred to your replacement dwelling. As long as you are otherwise qualified, you may receive the benefits of Prop 60 regardless of how many co-owners of record there are on the replacement dwelling.
  • Can two otherwise qualified taxpayers who have recently sold their separately owned original properties combine their claim for Prop 60 benefit when they buy a single replacement dwelling together?
    • No. They can only receive the benefit if one or the other, not both together, qualifies by comparing his or her original property to the jointly purchased replacement dwelling. The implementing legislation specifically disallows combining a claim in this manner, regardless of whether the co-owners of the replacement dwelling are married or not.
  • May I, as a former co-owner of an original property, receive partial benefit on my replacement dwelling along with the other co-owners on their separate replacement dwellings too?
    • No. The law provides that only one co-owner of an original property that is or was qualified for the Homeowners' Exemption may receive the benefit in a situation like this where all co-owners purchase separate replacement dwellings. The co-owners must determine, between themselves, which one should receive the benefit. Only in the case of a multiple-residential original property where several co-owners qualify for separate Homeowners' Exemptions may portions of the factored base-year value of that property be transferred to several qualified replacement dwellings.
  • What if I am the co-owner of a property with more than one residential unit?
    • A portion of the original property may qualify for the Homeowners' Exemption for you. The base year value of that portion can be transferred to your replacement dwelling. The other portion(s) of the original property may qualify for a separate Homeowners' Exemption(s). The base year value(s) of that other portion(s) can be transferred to another replacement dwelling(s).
  • Does one qualify for the Prop 60 benefit when he or she sells an original property, then buys a replacement dwelling within two years, but no longer qualifies for a Homeowner's Exemption on the original property that sold nearly two years before?
    • Yes. The statute requires that the original property be eligible for the Homeowners' Exemption at the time of sale. It is eligible if the claimant owns and occupies the property as his or her principal residence at the time of sale.
  • Can I receive Prop 60 benefits if my original property is outside Madera County but my replacement dwelling is inside Madera County?
    • No. Both properties must be within Madera County.
  • Can I receive Prop 60 benefits if my original property is inside Madera County but my replacement dwelling is in another county in California?
    • You may, under Prop 90. Contact the Assessor's Office of the county the replacement dwelling is in and ask if that county allows transfers of base year values between counties.
  • Is the base year value of the original property allocated to the replacement property using the same land/improvement ratio?
    • Yes. In most situations, the same land/improvement ratio is used. There are some exceptions to this policy. If you need more information contact the Assessor's Office. See this page's last section for contact information.
  • What if my original property contains more than just my principal residence and the land necessary for that residence?
    • You will receive Prop 60 benefits only if the replacement dwelling is of equal or lesser value than the portion of the original property that is your principal residence and the land that is necessary for that residence. The market value of the rest of the original property is not included in the comparison of the original property with the replacement dwelling.
  • What if my new property contains more than just my replacement dwelling and the land necessary for that dwelling?
    • The base year value of the original property will be transferred to the portion of the new property that is the replacement dwelling and the land necessary for that dwelling. The rest of the new property will be assessed according to its full market value.
  • If the Transfer of my base year values to the replacement dwelling results in a Supplemental Assessment that is a Refund, do I still have to pay the existing, current main-roll tax bill on the replacement property or will that bill be adjusted to reflect the new, lower value?
    • Unfortunately, you must pay the existing main-roll tax bill on your replacement property. That bill cannot be adjusted or canceled to reflect the Proposition 60 benefit. Additionally, you must pay that bill before any refund resulting from the Proposition 60 benefit will be sent to you.
      However, after the existing bill has been paid, you will later receive a refund that will reflect the Proposition 60 benefit. In other words, when the entire process is complete, you will not have overpaid any taxes. This unfortunate and inconvenient aspect of the law is set forth in Revenue & Taxation Code Section 75.43.c.
  • If I already own the lot on which I build the replacement dwelling, will I still qualify for the benefit?
    • Yes. If you purchase land more than two years before the sale of the original property but complete construction of the replacement residence within two years of the sale of the original property, the base year value of the original property may be transferred to the land and the newly constructed residence, if the other statutory requirements are net.
      For more information about the purchase of land for replacement dwelling, click here.
  • If my original dwelling was a single-family home and I buy a duplex as a replacement dwelling and then move into one side of it as my principal residence, will I still qualify for the benefit?
    • A claimant who sells a single family property occupied as his/her principal residence may purchase a duplex as a replacement dwelling and have the base year value of the former transferred to his/her portion of the duplex.
      In determining whether or not the base year value may be transferred, all of the requirements of Rev & Tax Section 69.5 must be satisfied. The value equivalency requirement is satisfied if the value of the portion of the duplex occupied as a principal residence is equal to or less than the value of the original residence. The remainder of the duplex would be appraised at its full cash value as of the date it sold, and that value would become the new base year value for that portion of the duplex.
  • If an addition to a replacement dwelling (such as a new room, detached garage, or pool) after my base year has been transferred, can that addition be excluded from assessment?
    • The law provides that if new construction is performed upon the replacement dwelling after the base year value has been transferred, the newly constructed portion is excluded from assessment if three specific conditions are met: 1) The new construction is completed within 2 years of the date of sale of the original property; 2) The owner notifies the assessor of the new construction in writing no later than 30 days after its completion; 3) The market value of the new construction on date of completion plus the market value of the replacement dwelling on date of acquisition is not greater than the market value of the original property as determined for purposes of granting the original claim. Ref R&T 69.5(h)(4)

In order to receive this benefit an application must be filed with the Assessor's Office. See this page's last section for contact information. Please click HERE to download the Prop 60 claim form.

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Contact the Assessor

Assessor
200 W. 4th Street
Madera, CA 93637
(559)675-7710
Fax: (559)675-7654
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Office Hours: 8:00am to 5:00pm


Assessor's Department Staff Spotlight

Jacquelyn Nieves - Assessor Staff Spotlight

J. SPOTLIGHT_20141009_140906 How long have you worked for the County? 7 1/2 years
What do you like most about your job? Serving the community and working with great people.
Why did you decide to work for the County? I saw an awesome opportunity for learning, growth and advancement.
What is your most memorable accomplishment during your County career? Becoming a valued employee and being entrusted with a wide variety of responsibilities.
When I'm not at work you can find me...Engrossed in some art project, cooking, sewing, and doing community work with my congregation.
What was your first job?  I was a waitress in a Chinese restaurant in Los Angeles.
What is your favorite food? Always chocolate!
What is your favorite kind of music? My husband and I DJ'd for a few years, so I love variety - especially good dance music in-the-mix!
What is your favorite sports team? I'm more into art than sports, but I enjoy watching a good game with great friends.
If you were to travel anywhere in the world for a dream vacation, where would it be? To Uruguay, South America with my husband to see where he grew up and meet his family.
Where do you see yourself in five years? Happily retired, close to my parents and family in Arizona.



General County Contact

General County Contact
200 W. 4th Street
Madera, CA 93637
559-675-7703
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Use this number to get general information about the County or County departments.  

For non-emergency information or service, dial 311