California Constitution Article XIII A - Tax Limitation [Sections 1 - 7]

California Constitution – Article XIII A: Tax Limitation
[Sections 1 – 7]
Also known as Proposition 13 (1978), Article XIII A imposes restrictions on property taxation in California. Here's a section-by-section breakdown:

Section 1 – Property Tax Limitation

(a) The maximum amount of ad valorem tax on real property shall not exceed 1% of the full cash value.

(b) "Full cash value" is defined as:

The assessed value in 1975–76, or

The value at the time of purchase, new construction, or change in ownership, plus inflation adjustments not exceeding 2% per year.

(c) Real property may be reappraised when:

Purchased,

Newly constructed, or

Ownership changes.

Section 2 – Voter Approval for Tax Increases

State taxes must be approved by a two-thirds vote of the Legislature.

Local governments need a two-thirds voter approval to impose any special taxes.

Section 3 – Invalidating Excess Tax Rates

Any ad valorem taxes above the 1% limit are invalid, unless authorized by:

Voter approval for bonded indebtedness (e.g., schools, cities, or counties), requiring a two-thirds vote.

Section 4 – Limit on Local Agencies

Local governments are prohibited from reassessing property to raise revenue without proper cause (purchase, construction, etc.).

Section 5 – Exceptions

Taxes to pay for indebtedness incurred before July 1, 1978 are exempt from the 1% cap.

Section 6 – State Mandates

If the State mandates any new program or higher level of service on local governments, the State must provide funding.

Section 7 – Effective Date

Article XIII A took effect on July 1, 1978.

 

LEAVE A COMMENT

0 comments