San Bernardino County Municipal Code Ch. 8 Taxation of Replacement Residences

Any person over the age of 55 years or any person severely and permanently disabled, as provided in Revenue and Taxation Code § 69.5, who resides in property that is eligible for the homeowner’s exemption under subdivision (k) of Section 3 of Article XIII of the California Constitution and § 218 of the Revenue and Taxation Code may transfer, subject to the conditions and limitations provided in § 69.5 of the Revenue and Taxation Code, the base year value of that property, provided that the property is located in the State of California and outside of San Bernardino County, to any replacement dwelling of equal or lesser value which is located within San Bernardino County and is purchased or newly constructed by that person as his or her principal residence within two years of the sale by that person of the original property, provided that the base year value of the original property shall not be transferred to the replacement dwelling until the original property is sold.

(Ord. 4259, passed - -2014)

All claims for transfers of base year value from original property located in the State of California and outside of San Bernardino County shall be granted, if the claims meet the applicable requirements of both subdivision (a) of Section 2 of Article XIIIA of the California Constitution and § 69.5 of the Revenue and Taxation Code. All claims for transfers of base year value shall be filed with the assessor, on forms prescribed by the State Board of Equalization for this purpose. The assessor shall make the claim forms available to prospective claimants.

(Ord. 4259, passed - -2014)

In determining the base year valuation of original property located in another County, the base year valuation as determined by the assessor of such other County shall be accepted by the assessor of this County, in connection with the granting of claims for transfers of base year value.

(Ord. 4259, passed - -2014)

Any person meeting the requirements of this Chapter and subdivision (a) of Section 2 of Article XIIIA of the California Constitution and § 69.5 of the Revenue and Taxation Code may transfer the base year value of his or her former principal residence located in the State of California and outside San Bernardino County to a new principal residence within San Bernardino County which is acquired on or after January 1, 2014.

(Ord. 4259, passed - -2014)

The provisions of this Chapter shall remain operative until repealed, but in no event for a period of less than five years from the date this Chapter becomes effective, unless otherwise permitted or authorized by law.

(Ord. 4259, passed - -2014)