Proposition 60 and 90
Proposition 60 and 90 provisions deal with transferring a homes existing property tax to that
of a replacement home.
This provision is provided to people 55 years and older when they sell their current home and purchase another.
The claimant must be an owner of record of the original and replacement residences.
The replacement home must be of equal or lesser value.
This provision can only be used one time.
Claims must be filed within three years of the date the replacement residence is purchased or newly constructed.
This can be a real benefit to persons who have owned their home a long time and currently have low property taxes.
Prop 90 allows qualified sellers to buy replacement homes in another county and transfer or keep their current property taxes the same amount.
In Santa Clara County, your application for Prop. 60 or Prop. 90 will take approximately five to seven months to process.
The Title Division of the Assessor's Office must study each transfer of ownership to determine whether it is a reappraisal transfer. Each reappraisal transfer of ownership is appraised, as of the date of transfer, to determine the market value of the property.
An application cannot be processed until the Assessor's Office Appraisal is completed.
If you are applying for Proposition 90, the Assessor's Office in the county you have moved from will be contacted and an appraisal of the market value of your original property on the date of sale will be needed to be generated from that office.
Not all counties provide for or participate with this tax transfer.
Counties which have Adopted Prop 90
Alameda
Kern
Los Angeles
Orange
Modoc
Monterey
San Diego
San Mateo
Santa Clara
Ventura
Permanently or Severely Disabled
Prop 110 provides for the transfer of current property taxes to a replacement home should for disabled persons needing to buy to accommodate for a disability.
Example: selling a 2 story home and buying a 1 story home because of wheel chair
or walker mobility.
This proposition has no age limit, but has a one time use.
Generally it applies to a replacement home of equal or lesser value.
People using this proposition must have a form filled out by their doctor verifying the disability.
Contact your County Planning Department for more information.
Santa Clara County Planning
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