The California State Board of Equalization recently amended regulations to clarify that the transfer of a joint-tenancy interest in a trust does not constitute a change in ownership if the transferor is one of the joint tenants after the transfer.
Generally, if a change of ownership occurs, then all real property owned by the joint tenancy is reappraised for property-tax purposes. Further, the new rules allow county property-tax assessors to consider joint title holders to be joint tenants and original transferors if there is reasonable cause to believe that the parties intended to create a joint tenancy.
Finally, the regulations have been amended to be consistent with recent legislative changes. The changes intended to treat transfers of property between registered domestic partners at death in the same manner as transfers at the death of a spouse. Such transfers do not constitute a change in ownership.
David Colker
Gray Cary Ware & Freidenrich LLP
[email protected]
American Property Tax Counsel (APTC)
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