California court OKs tax breaks for partners
Courtesy Photo
Geoff Kors, of Equality California
SACRAMENTO—Domestic partners are entitled to the same tax breaks as married couples when they transfer ownership of property from one to the other, a California state appeals court said Oct. 2.
A three-judge panel ruled unanimously that provisions of Proposition 13 that can allow significant increases in taxes when a home or property changes hands don’t apply to registered domestic partners.
Proposition 13, approved by voters in 1978, capped property taxes at 1 percent of a piece of land or building’s full cash value while allowing annual adjustments in that value of up to 2 percent to account for inflation.
But it also authorized county assessors to reassess property to its full value when there was a change of ownership.
Lawmakers later exempted property exchanges between married couples and parents and children from the definition of a change in ownership.
A state tax board in 2003 and the legislature in 2005 gave the same protection to domestic partners, a group that enjoys most of the legal benefits of marriage conferred by the state.
Geoff Kors, executive director of Equality California, a gay rights group that intervened in the lawsuit on the side of the state, praised the ruling, saying it would protect domestic partners from “an incredibly unfair tax burden.”