Exclusions

Richard N. Benson, Assessor - Recorder - County Clerk
Parent Child

The transfer of property located in Marin County between parents and children may be excluded from reassessment for property tax purposes. The principal residence and up to a maximum of $1,000,000 (one million dollars) may be transferred by each parent or child. An application must be filed with the Marin County Assessor to determine eligibility for this exclusion.

Prop 60

Homeowners who are 55 years of age or older and whose replacement residence is of equal or lesser value than their original residence may qualify to transfer the base year value from the original property to the replacement property. The replacement residence must be purchased, or the land purchased and a newly constructed replacement residence completed, within 2 years of selling the original residence. Additional FAQ’s regarding the transfer of a base year value to a replacement residence can be obtained at the California State Board of Equalization’s website: http://www.boe.ca.gov/proptaxes/faqs/reappraisal.htm

Grandparent Grandchild

Grandparent/Grandchild Transfer Exclusion (Proposition 193)
California law provides, with certain limitations, that a change in ownership does not include the purchase or transfer of the principal residence from grandparents to grandchildren. This exclusion only applies to transfers that occur on or after March 27, 1996. All of the parents of the grandchild must be deceased as of the date of transfer. The real property must be transferred from grandparents to their grandchildren. An application must be filed with the Assessor to determine eligibility for this exclusion.

Disabled Construction

California allows any person who is severely and permanently disabled (at the time of sale of original/former residence) and who resides in a property eligible for the Homeowner’s Exemption or currently receiving the Disabled Veterans’ Exemption to transfer the base year value of the original residence to a replacement dwelling of equal or lesser value within the same county if all requirements are met. Included with the Prop 110 form is a Certificate of Disability form that must be completed by a licensed physician or surgeon of appropriate specialty. Contact the Marin County Assessor’s office to obtain a claim form.

Calamity

If a calamity such as fire, earthquake or flood damages or destroys your property, you may be eligible for property tax relief, provided the loss exceeds $10,000. In such cases, the Marin County Assessor's Office will reappraise the property to reflect its damaged condition. If the property is rebuilt in a like or similar manner to the original, the property will retain its previous value for tax purposes.

Buiders

The Builder's Exclusion allows certain types of new construction to be excluded from supplemental tax assessments. These parcels must be intended for resale, and not rented, leased, occupied or used for any purpose other than a model home. You can apply for a Builders Exclusion anytime after recording the acquisition of a property but no more than 30 days after the start of construction. Usually it is beneficial to apply right after acquisition and before construction so that it can be applied to all phases of construction.

Seismic Safety

Earthquake mitigation/seismic retrofit new construction exclusion: specified seismic retrofitting and earthquake hazard mitigation features that are added to existing buildings may be excluded from reassessment.