The Parent/Child Transfer Exclusion (known as Proposition 58), allows certain transfers between parents and children to be excluded from reappraisal. It only applies to real property transfers that have occurred since November 6, 1986 when certain requirements are met and the application is filed.

The following types of property may be excluded:

• Transfers of primary residences (no limit)
• Transfers of the first $1 million of real property other than the primary residences

The exclusion applies only to real property transfers between eligible parents and children, not legal entities

To get relief retroactive to the date of transfer, a completed claim must be filed with the Assessor's office by the earliest of the following:

• Within three years of the transfer
• Prior to transferring to a third party

If a notice of supplemental or escaped assessment is mailed after either of these periods have passed, then the transferee has an additional six months from the date of the notice to file a claim.

If the transferee has not transferred the property to a third party, applications may still be filed at any time after the three-year deadline; however, those filed after three years will only become effective for the lien date in the assessment year in which they are filed and will not be retroactive to the date of transfer.

State Board of Equalization Property Taxes Department

Frequently Asked Questions Page

Revenue and Taxation Code Section 63.1 Questions and Answers (PDF: 1.11 kB)

California Legislative Information

Revenue and Taxation Code Section 63.1