Source: OC Housing News

The only things certain in life are death and taxes. Through technology, we may eventually cheat death, but taxes are here to stay.

What Proposition 8 giveth, Proposition 8 taketh away. California tax code section 51(e), enacted at the same time as Proposition 13, requires the tax assessor to annually adjust tax levies based on current full-market value. This was great when property values were falling and property tax bills fell dramatically. Now, property taxes are set to jump back up for homes bought during the bubble years.

Will a jump in property taxes cause more defaults, or will more equity owners sell at a loss because of cash-flow issues?

The CALIFORNIA TAX CODE SECTIONS 51(a) [Prop 13], and 51(e) [Prop 8], state the following:

51. (a) For purposes of subdivision (b) of Section 2 of Article
XIII A of the California Constitution, for each lien date after the
lien date in which the base year value is determined pursuant to
Section 110.1, the taxable value of real property shall, except as
otherwise provided in subdivision (b) or (c), be the lesser of:
(1) Its base year value, compounded annually since the base year
by an inflation factor, which shall be determined as follows:

…

(C) For any assessment year commencing on or after January 1,
1998, the inflation factor shall be the percentage change, rounded to
the nearest one-thousandth of 1 percent, from October of the prior
fiscal year to October of the current fiscal year in the California
Consumer Price Index for all items, as determined by the California
Department of Industrial Relations.

(D) In no event shall the percentage increase for any assessment
year determined pursuant to subparagraph (A), (B), or (C) exceed 2
percent of the prior year’s value.

51. (e) Nothing in this section shall be construed to require the
assessor to make an annual reappraisal of all assessable property.
However, for each lien date after the first lien date for which the
taxable value of property is reduced pursuant to paragraph (2) of
subdivision (a), the value of that property shall be annually
reappraised at its full cash value as defined in Section 110 until
that value exceeds the value determined pursuant to paragraph (1) of
subdivision (a). In no event shall the assessor condition the
implementation of the preceding sentence in any year upon the filing
of an assessment appeal.