Allied Title and Escrow Services

Secured Property

A secured property tax bill is generally a tax bill for real property, including your home, vacant land, commercial property, and the like.

The term “secured” means taxes that are assessed against real property (e.g., land or structures). The tax is a lien that is “secured” by the land/structure even though no document was officially recorded. If the taxes remain unpaid after a period of five (5) years, the property may be sold to cover the taxes owed.

UNDERSTANDING SUPPLEMENTAL PROPERTY TAXES

California law enacted under Proposition 13 requires the county tax assessor to adjust the taxable value of a property when the ownership of the property changes or when the property undergoes new construction. The supplemental assessment represents the difference between the current value and the value which is established at the time of sale or upon completion of new construction.

As an example: On the current tax roll, a property has a value of $200,000.00. The property sells for $250,000.00. A supplemental assessment is levied for $50,000.00, bringing the tax rate in line with the current market value.

New construction on a property can also trigger a reassessment of the value. Examples of new construction might include room additions, pools, spas, and patio covers. Normal maintenance and repairs such as a new roof or garage door will not increase the taxable value.

Each change of ownership or completion of construction generates a separate supplemental assessment which becomes a lien on the real property. Events that occur between January 1 and May 31 result in two supplemental bills:

How are supplemental taxes handled in an escrow?

Any unpaid supplemental tax bills which are reported to the Escrow Holder during the escrow period are charged to the Seller at the close of escrow. The buyer and seller may instruct the escrow holder to prorate the taxes, including the supplemental amounts, at the time of settlement.

The parties may receive supplemental tax bills after the escrow has closed. These bills are handled directly between the buyer and seller. Questions that arise after closing concerning supplemental taxes can be directed to your accountant, attorney, or the tax assessor’s office

UNDERSTANDING PROPERTY TAX PRORATIONS

PRORATIONS DEFINED The purpose of proration in a sale escrow is to fairly divide property expenses such as taxes and association dues between the Seller and Buyer so that each party is paying only for those days on which he actually owns the property.

TAX YEAR The tax year runs from July 1 of any year to July 1 of the following year. It does not follow the standard calendar year. For example, a tax year might be described as the 2006-2007 tax year, meaning the time period from July 1, 2006, to July 1, 2007.

The tax year is divided into two (2) installments.

How is the tax proration figured

The first step is to determine the date to which the taxes are paid.

If the Seller’s last tax payment covered a time period beyond the close of escrow, the proration is made from the close of escrow to the date to which the taxes are paid. The proration is a credit to the Seller and a charge to the Buyer. Example: The close of escrow is November 22, 2006.

If the escrow closes before the tax due date arrives for a particular tax period, the proration is made from the first day of the installment to the close of escrow. The proration is a charge to the Seller and credit to the Buyer. Example: The close of escrow is January 15, 2007.

Who pays what