About Proposition 13
Prior to Proposition 13, property taxes were out of control. The tax rate throughout California averaged almost 3% of market value, and there were no limits on increases either for the tax rate or property value assessments. Some properties were reassessed 50% to 100% higher in just one year, so their owners' tax bills skyrocketed, often beyond the homeowners' ability to pay their property taxes!
In one year in Los Angeles County alone, 400,000 people had not paid their property tax because they didn't have the money, running the risk of being forced out of their homes.
Elderly people were among the hardest hit. Many had paid off their mortgages yet faced losing their homes because they couldn't afford property taxes. Just as millions of Californians were at risk of being driven out of their homes, Howard Jarvis gathered more than 1.5 million signatures to qualify a statewide initiative that would finally end excessive taxation and protect the security of home ownership — Proposition 13.
An overwhelming majority of Californian voters — almost 66% — voted for Proposition 13 because they knew that the initiative would finally take power away from the tax collectors and give it back to the taxpayers. And once Howard Jarvis and his Tax Revolt passed Proposition 13, property tax rates finally became predictable, manageable, and fair.
Under the tax-cut measure, the property tax rate is set at a uniform 1% throughout the state, and property tax increases are limited to no more than 2% a year as long as the property is not sold.
Once sold, the property is reassessed at 1% of the new market value (usually the sales price) with the same 2% cap on annual tax increases. As a result, new buyers are always aware of what their taxes will be and know the maximum amount property taxes can increase each year for as long as they own the property.
Proposition 13 also requires that all state tax increases be approved by a two-thirds vote of the Legislature, and that new or increased local taxes be approved by a vote of the people.
While Proposition 13 has become synonymous with property tax limits, it is a complete package designed to check arbitrary tax increases at the state and local level. Proposition 13 requires a two-thirds vote of the Legislature to increase state taxes, and, supplemented by Howard Jarvis Taxpayers Association–sponsored Proposition 218, the Right to Vote on Taxes Act, it requires voter approval of all new local taxes.
Additionally, renters benefit because Proposition 13 makes property taxes predictable and stable, which reduces upward pressure on rent increases.
No! Despite what many politicians say, total property tax revenues to local governments in California have increased at a rate exceeding inflation and virtually all other economic indicators, and, in fact, state and local governments have much more money today than before Proposition 13 passed, even considering inflation and population growth.
Proposition 13 is fair to local governments because it allows for periodic reassessment of property when it changes ownership. New construction and improvements to existing properties also are assessed at current value, which increases revenue to government. The property tax is a stable source of local government revenue — as predictable for the politicians as it is for property owners.
It's true that Proposition 13 has forced local governments to manage their finances better — one reason the initiative had such overwhelming popular support.
Most cities and counties have been very successful under Proposition 13. If some have failed, the problem is not Prop. 13. It's reckless spending.
Proposition 13 protects homeowners — and all taxpayers — by requiring a two-thirds vote to pass certain tax increases, including the state sales and income tax. The intention of the supermajority requirement is to have a system whereby taxes cannot be raised too easily, or too often.
The two-thirds vote protection is particularly critical when it comes to property taxes. Since local taxes are approved by local voters, it's obviously unfair if a tax can be passed by people who don't have to pay that tax. Yet that intense unfairness is becoming possible as a pro tax coalition makes inroads into the two-thirds vote protection.
In 2000, Proposition 39 was narrowly approved after a massively expensive campaign put on largely by a handful of Silicon Valley billionaires who might well have been trying to get homeowners to pick up the slack for their own high-tech corporate tax breaks.
Proposition 39 changed the two-thirds vote for certain bonds to 55% — making it far too easy to pass these bonds, since they are paid back only through increased property taxes. And they impose a long-term debt, up to 30 years, that's essentially the same as a second mortgage on a home.
Without the two-thirds vote requirement, one of these second-mortgage bonds can now be passed by people who won't pay the tax and in fact are getting more from the government than they pay in taxes.
After Proposition 39 took away the two-thirds vote protection for these bonds, localities quickly passed almost $30 billion in such bonds — debt that homeowners will be burdened with long after they've paid off their homes.
Since then, the two-thirds vote has been repeatedly attacked by a pro-tax coalition that wants to eliminate this protection for more and more kinds of bonds and taxes.
Currently, several proposals are active in the State Legislature to change the state constitution to eliminate the two-thirds vote requirement for other kinds of bonds, and for certain sales and property taxes. If enacted, it will become far too easy to pass all kinds of tax hikes, so the Howard Jarvis Taxpayers Association is actively fighting this legislation.
About Property Taxes
Your taxes will be based on what you could afford to pay for your home at the time of purchase. No matter when a home is purchased, Proposition 13 gives the owners long-term security by providing predictability in taxes. When you buy a home, you will know exactly what your taxes will be next year, in five years, and in 30 years — reassuring information if you plan to live in your home when you retire.
Your property taxes are normally based on what you voluntarily agreed to pay for your home. Because Proposition 13 uses acquisition value (usually the purchase price) rather than the current market value as a basis of taxation, it is possible for owners of identical side-by-side properties to have different tax bills. Those who have owned their property longer often see that the current market value is much greater than the taxable value that is limited to a 2% annual increase under Proposition 13.
This cap on increases protects both new and longtime homeowners from being taxed on “paper profits,” the higher market value of a home from which the owner receives no benefit. Many homeowners who bought their property just a few years ago could not afford to buy their own homes at today’s prices!
It is also worth noting that the longtime owner has been paying taxes for years, and these taxes have paid for the neighborhood improvements you now enjoy.
If you have just purchased your home and are still uncertain about the value of Proposition 13 to you, just wait until after three or four years of double-digit inflation in the housing market. When you realize that you are saving hundreds, even thousands of dollars a year on your property taxes, you will join the ranks of enthusiastic supporters of Proposition 13.
Sometimes. If your property’s market value declines to less than its taxable value under Proposition 13, you can apply to the County Assessor for a decline-in-value tax cut under Proposition 8, passed in 1978, which supplements Proposition 13. If you receive a cut, it is temporary. When the market value of your property increases again, so can your property tax. Although the tax reduction is temporary, the savings are permanent.
It is important to remember that while you can be charged less, you can never be charged more in any one year than allowed under Proposition 13. This can be easily figured by using an online compound interest calculator and multiplying the base
year value — usually the purchase price — of your home by 2% for the number of intervening years. Your maximum property tax liability (general levy of assessment) in the current year is one percent of the total.
An improvement such as adding a bedroom to an existing home will be assessed at its current value, which will add to your taxes. However, the rest of the property and existing improvements will not be reassessed.
Under the California Constitution, the Legislature has authority to determine how property tax revenues are allocated among cities, counties and special districts.
Proposition 218 also gives you the ability to use the initiative process to reduce or repeal a local tax, assessment, fee or charge. By collecting the signatures of 5% of the number of people in the local district who voted in the last election for governor, you can put any locally imposed levy to a vote. For more information on this is please click here.
A: “Split roll” is an attack on Proposition 13 that would revoke Prop. 13 protections for some types of properties, “splitting” the property tax roll. An initiative that has qualified for the 2020 ballot would create a split roll by requiring regular reassessment of commercial and industrial properties. Read Jon Coupal’s column about the proposed measure here: https://www.hjta.org/california-commentary/by-all-means-lets-educate-the-voters-about-proposition-13/.
About Property Assessments
Proposition 13 states that property is to go on the Assessor's rolls at the full cash value – market value – at the time of purchase. This usually means the sales price resulting from a normal market transaction. Sometimes there are unusual circumstances, like the sale of a home on the market because of a foreclosure, that result in a sales price that the Assessor believes is less than the true market value. In this case the assessor's valuation may prevail.
If you believe the Assessor's valuation is incorrect, you should strongly consider an appeal because all future taxes will be based on the first-year value of your home. Call your local office of the County Assessor and discuss your valuation with an appraiser. If you cannot reach an agreement there, you should file an appeal with the Assessment Appeals Board in your county. Please note that there is a limited window of opportunity to file an appeal, and be sure you meet the deadlines. For contact information for your County Assessor, click here.
What you most likely received was a notice of intent to form an assessment district.
Thanks to Proposition 218, sponsored by the Howard Jarvis Taxpayers Association and passed by voters in 1996, California property owners are better protected against assessments, fees and other tricks used to raise taxes by calling them something else.
Prop. 218 requires that an agency seeking to establish an assessment district notify the owners of all property within the proposed district by mail. The notice of the proposed assessment must include a ballot, which the property owner completes and returns to the agency or its designated agent. Each property owner is voting on the dollar amount of their assessment. Only the ballots that are actually returned can be counted, and a majority must be in favor for the assessment to be imposed.
Proposition 13 requires that real property be reassessed whenever a change in ownership occurs. When a transfer occurs, the assessor receives a copy of the deed and makes an appraisal to determine the new market value of the property. (In most cases, the purchase price will be determined to be the current value.) You are then notified of the new assessment, and you have the right to appeal the value if you do not agree with it.
The amount of the supplemental assessment is the difference between the prior assessed value and the new assessment on the property. This value is prorated, based on the number of months remaining in the fiscal year. Thereafter you will be responsible for the full tax based on the new assessed value. The previous owner is liable for the tax due up to the date of sale; you are responsible for the tax after the date of sale.
Although your newly purchased home may now have a higher assessed value for tax purposes, the new value continues under Proposition 13 to be limited to a 2% increase each year.