PROP 60/90
What These Laws Mean For You?
What Are Propositions 60 and 90?
These propositions provide a one-time property
tax benefit by preventing reassessment when a
senior citizen (age 55 years or older) sells his/her
existing residence and purchases or constructs a
replacement residence worth the same or less
than the original property. This proposition
either applies to the principal claimant of the
original residence or a spouse who resides with
the seller who must also be 55 years of age at the
time of the sale.
Why Were They Enacted?
These propositions were set
forth to encourage senior
citizens to “move down” into a
smaller residence and not be
penalized by having to pay
higher property taxes. When a
senior citizen acquires a
replacement worth equal or less
than the original, he/she will
continue to pay approximately
the same amount of annual
property taxes as before.
How Do These Propositions Work?
When the homeowner purchases or constructs a
new residence, it will not be reassessed if he/she
qualifies. The Assessor transfers the factored
base value of the original residence to the
replacement residence. Prop. 60 requires that
both the original and replacement homes be
within the same county. Prop. 90 was later
enacted to broaden the effects of Prop 60. Prop
90 enables homeowners to transfer the principal
residence to include other counties, as long as
that county has implemented the initiatives. (A
listing of counties participating is on the back)
When are these Propositions Effective?
The replacement residence must have been
purchased or constructed on or after November 5,
1986 if the original was located in Los Angeles
County. If the original was located in any other
California county, as long as that county is
participating, the replacement
residence must have been
purchased or constructed on or
after November 9, 1988.
Effective January 1, 2007, there
is no longer a time limit for
Proposition 60 and 90 claims to
be filed. However, if a claim is
filed after the three year period,
relief will be granted beginning
with the calendar year in which
the claim was filed. When
claiming the exemption the
claimant must own and occupy
the replacement property. Also, claimant must
file for a Homeowner’s Exemption on the
replacement property, this is not granted
automatically.
How To Claim Tax Relief
The forms are available at the Assessor’s public
counters, the Hall of Administration, and
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The replacement property must be the owner’s principal residence and eligible
for the Homeowner’s Exemption. The original property, at the time of it’s sale,
must have been eligible for the Homeowner’s Exemption, or entitled to the
Disabled Veteran’s Exemption.
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The seller of the original residence, or a spouse residing with the seller, must be
at least 55 years of age, as of the date that the original property is transferred.
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The replacement property must be of equal or lesser “current market value” than
the original.
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The replacement property must be purchased or constructed on or after
November 5, 1986 if the original was located in Los Angeles. If the original was
located in any other California County, the replacement property must have
been purchased or constructed on or after November 9, 1988.
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The replacement property must be purchased or newly constructed within two
years (before or after) of the sale of the original property.
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Effective January 1, 2007, there is no longer a time limit for Proposition 60 and
90 claims to be filed. However, if a claim is filed after the three year period, relief
will be granted beginning with the calendar year in which the claim was filed.
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This is a one-time filing. Proposition 60/90 relief cannot be granted if the
claimant, or spouse was granted relief in the past.
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Proposition 60/90 relief includes, but is not limited to: single family residences,
condominiums, units in planned unit developments, cooperative housing
corporation units or lots, community apartment units, mobile homes subject to
local real property tax, and owners living in premises which are a portions of a
larger structure.
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In most instances, if more than one owner of an original property is eligible for
Proposition 60/90, they must choose among themselves which one will use the
benefits.
Counties Currently Accepting Proposition 90:*
- Alameda
- Los Angeles
- Orange
- San Diego
- San Mateo
- Santa Clara
- Ventura
*These counties are subject to change. Check with your local Tax Assessor to check current counties*
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