Grandfathered property Rights, BoE, Board of equalization, T288

Grandfathered property Rights, BoE, Board of equalization,

( 할아버지 할머니 ) 조부 재산권,

 

https://www.boe.ca.gov/proptaxes/faqs/propositions58.htm

 

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Grandfathered property Rights.docx

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Proposition 58; 1986년 11월 6일부터 발효, 부모와 자녀간에 부동산의 소유권 이전 재평가는 재외한다. 즉 부동산 값이 올라도 부모가 자녀에게 양도하는 재산은 재 평가가 제외되어 세금 기타 새법이 제외된다(올리지 못한다).

* Propositions 58/193 [Transfers Between Parent and Child; Grandparent and Grandchild]

Proposition 58, effective November 6, 1986, is a constitutional amendment approved by the voters of California which excludes from reassessment[재평가] transfers of real property [부동산의 소유권 이전] between parents and children. Proposition 58 is codified by section 63.1 of the Revenue and Taxation Code.

 

Proposition 193 은 1996년 3월 27일부터 효과, 조부들이 손주들에게로 (손주들의 부모들로부터 마련한) 부동산의 소유권 이전 재평가는 제외된다. 즉 손주들에게 이전 되는 부동산은 새 평가의 값이 제외되어 세금도 못 올린다.

* Proposition 193, effective March 27, 1996, is a constitutional amendment(헌법 수정안) approved by the voters of California which excludes from reassessment transfers of real property from grandparents to grandchildren, providing that all the parents of the grandchildren(손주들) who qualify as children of the grandparents are deceased as of the date of transfer.

Proposition 193 is also codified by section 63.1 of the Revenue and Taxation Code.

 

In the State of California, real property is reassessed at market value if it is sold or transferred and property taxes can sometimes increase dramatically as a result. However, if the sale or transfer is between parents and their children, or from grandparents to their grandchildren, under limited circumstances, the property will not be reassessed if certain conditions are met and the proper application is timely filed.

 

These propositions allow the new property owners to avoid property tax increases when acquiring property from their parents or children or from their grandparents. The new owner's taxes are calculated on the established Proposition 13 factored base year value, instead of the current market value when the property is acquired.

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Grandfathered property Rights,

zoning ordinance [용도지역 조례 用途地域條例]가 변경되어도 부모때부터 사용하던 부동산은 예외가되어 city, county 가 적용을 하지 못한다.

1) a clause in a statute or zoning ordinance [용도지역 조례 用途地域條例] (particularly a city ordinance) which permits the operator of a business or a land owner to be exempt from restrictions on use if the business or property continues to be used as it was when the law was adopted.

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What does grandfathered in mean in real estate?

In Real Estate Development the term Grandfathered means that an existing building does not have to comply with a current zoning or building code because it was legally built before the application of such code. Buildings can be Grandfathered by existing before a code was written. Feb 6, 2021

 

What is Grandfathered the property mean?

Grandfathering clauses are typically designed to preserve the property rights of individuals and businesses who would otherwise be adversely affected or for whom the enforcement of the new law, regulation, or ordinance would amount to a “taking” under the federal constitutional principle of condemnation. Aug 21, 2020

 

What are the laws of grandfather clause?

[미] 조부 조항(祖父條項) [(1) 남북 전쟁 후의 남부의 일부에서 전쟁 전부터 선거권을 가진 자와 그 자손에게 자동적으로 선거권을 인정한 조항, 1915년 실효, (2) 법률의 기득권 옹호 조항]

[6개 주]a half-dozen states passed laws that made men eligible to vote if they had been able to vote before African-Americans were given the franchise (generally, 1867), or if they were the lineal descendants of voters back then. This was called the grandfather clause. Most such laws were enacted in the early 1890s.