Category Archives: Tax & Exemptions

California Proposition 19

Effective April 1, 2021, Proposition 19 provisions potentially affect the former base year value transfers for persons age 55 and over that were added by Propositions 60 (1986) and 90 (1988). California Proposition 19, also known as the “Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,” was a ballot measure that was passed in November 2020. Proposition 19 made several changes to property tax rules in California. Under Prop 19’s base year value transfer provision, if the transfer of taxable value is to a replacement primary […]

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Incidental Use of Church Property (weddings, fairs, garage sales…)

Under federal tax law, non-profit organizations such as churches are tax-exempt because they are organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. This means that the assets of a non-profit organization, including a church, must be used exclusively for achieving its exempt purposes. Exclusive Purpose:This requirement is often referred to as the “exclusivity of purpose” rule. It means that a non-profit organization cannot use its assets to benefit individuals or private interests, or for any purpose […]

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Group Tax Exemptions

While often used interchangeably, “nonprofit,” “tax-exempt,” and “501(c)(3)”  have distinct meanings under the law and different legal obligations.  Nonprofit organizations are created under state law but are not automatically tax-exempt from state sales and income taxes without filing for such an exemption through the Franchise Tax Board. Additionally, organizations are given tax-exempt status from federal income tax under federal law, through the Internal Revenue Service. Group Exemption:A group exemption affords the opportunity for a nonprofit organization to share the tax-exemption of another 501(c)(3) without the need for each entity to […]

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Homeowner’s Exemption in California

Homestead Exemption rules in California provide homeowners with a reduction in assessed value and protection for home equity from judgment creditors. The California Constitution provides for a Homeowners’ Property Tax Exemption which is a $7,000 reduction of the taxable value of your principal residence. Upon qualification, this can amount to a cost saving of approximately $70 each year on your property taxes. In addition to this cost savings, the primary benefit is the protection it provides from a judgment creditor. For statutory homestead exemption amounts, see California Code of Civil […]

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Property Tax Assessments

As a general rule, real property in California is reappraised for tax assessment purposes when there is a change of ownership, new construction, or the market value declines below the previously assessed value. However, in the nonprofit world of real property, a reassessment may also occur due to a loss of a Church, Religious, or Welfare exemption. Although these exemptions are explained in another article, their affects can greatly impact your property tax assessment. Otherwise, the assessed value of the property will increase by no more than 2% per year. […]

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What Defines a Church?

Defining a Church? What is a Church? Recently, a potential buyer approached a City Planner asking what their Temple could and could not do on a particular piece of property. A disagreement arose between them as the person at the City kept referring to Church use, while the interested party kept trying to correct them in stating that they were not a Church, but a Temple. The question arose as to what is a church and how does it affect property use? The dictionary doesn’t help much when it defines […]

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Deductible Donations For Congregation Members

Of Course, I can deduct my donation; right? Most attendees make donations to their church or other organization for one reason or another. They usually claim their donations, be it monetary, property, labor, or goods on their annual tax return as a deduction. However, what most don’t realize is that if the organization to which they contribute is not a recognized qualified organization by the IRS, that contribution may not be tax deductible. Whether or not a contribution is deductible depends on whom it is given to, when it was […]

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