Orange: BOE-60-NR

California law allows any person who is at least 55 years of age (at the time of sale of original/former property) who resides in a property eligible for the homeowners’ exemption (place of residence) or currently receiving the disabled veterans’ exemption to transfer the base year value of the original property to a replacement dwelling of equal or lesser value. The replacement dwelling must be purchased or newly constructed within two years of the sale of the original property. A claim must be fi led with the Assessor within three years of the date the replacement dwelling is purchased or new construction of that replacement dwelling is completed.

A claimant may rescind their previously fi led claim for a base year value transfer. A claim may be rescinded according to Revenue and Taxation Code section 69.5(i) if this notice of rescission, signed by the original claimant(s), is delivered to the Assessor’s offi ce (where the claim was fi led) before any of the following have occurred:

•  The county fi rst issues a refund check for the property taxes on the transferred base year value.

•  If a refund is not applicable, before property taxes are paid on the new transferred base year value.

•  If taxes have not been paid, before property taxes on the new transferred base year value become delinquent.

Beginning January 1, 2001, a claimant may rescind their previously fi led claim for a base year value transfer if the replacement dwelling was vacated as the claimant’s principal place of residence within 90 days after the date the original claim for a base year value was fi led, and this notice of rescission is fi led with the Assessor within six years after the relief was granted. Within six years after the relief was granted means within six years from the date the county issues a refund check or property taxes are paid on the new transferred base year value.

If this rescission increases the base year value of a property, or the homeowners’ exemption has been incorrectly allowed, appropriate escape assessments or supplemental assessments, including interest as provided in section 506, shall be imposed. The statue of limitations for any escape or supplemental assessment will not commence until July 1 of the assessment year in which the notice of rescission is fi led with the Assessor.

If a claim is successfully rescinded, then the base year value from the original property may be transferred to another property as long as the second property also meets all the requirements of section 69.5: (1) The replacement dwelling (land and improvements) must have been acquired or newly constructed within two years of the sale of the original property; (2) the replacement dwelling is of equal or lesser value than the original property; (3) a claim for relief must be fi led within three years of the date the replacement dwelling is purchased or new construction of that replacement dwelling is completed.

PLEASE NOTE: Transfers between counties are allowed only if the county in which the replacement dwelling is located has passed an authorizing ordinance. The acquisition of the replacement dwelling must occur on or after the date specifi ed in the county ordinance.