California Prop 13 - Tax Savings for Redevelopment with Neighbors

California Prop 13 - Tax Savings for Redevelopment with Neighbors

Investor · Austin, TX · Member since 2016 · 8 posts · 2 votes

My 2 neighbors in Southern California are considering building a larger apartment complex across our adjacent 7,000sqft lots. We purchased our properties decades ago and Prop 13 has kept our property taxes to less than 1/4 of what a new owner would have to pay if they bought our properties now.

The properties have duplexes and a 4-plex. The land is 90% of the current property value. The land is zoned for multifamily and based on my research, we can build a 5 story apartment complex. Rents and demand are extremely high in this area. The construction costs of the building would likely be paid off in 4-5 years.

I believe our lower property taxes possibly give us a competitive advantage redeveloping ourselves versus selling to an outside developer.

Here's my question/idea.

To keep the land portion of our property taxes at the artificially low rates could we retain ownership of our respective parcels while forming a separate LLC or partnership that would construct and own the building? We would each have part ownership in this LLC, which would pay us "rent" for the use of our parcels.

My hypothesis is this should allow us to keep our low property taxes on the land value - only incurring additional taxes on the value of the new improvements.

Is this legally feasible? Has anyone here done something like this before in California?

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  • Investor · Los Angeles, CA · Member since 2010 · 116 posts · 36 votes
    9y

    @John G. - It is possible to transfer your property to an entity and not trigger reassessment but there are a number of technical requirements. It gets harder when you have a partnership with someone else and you both want to preserve your tax base.  There are a number of lawyers in California  who specialize in structuring these transactions in light of prop 13.  

    So to answer your question, it is feasible and it has been done before.

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