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Property Valuation Financial AnalysisCa_specific_valuationHARD

A California investor group acquires a $5,000,000 commercial building through a multi-member LLC. To avoid triggering Proposition 13 reassessment, the members plan to transfer ownership interests to a new investor gradually — selling small increments over several years so that no single transfer exceeds 10% of the LLC. Under California law, when does a reassessment-triggering change of ownership occur in this scenario?

Correct Answer

B) When the transfers cumulatively give the new investor more than 50% of the LLC's membership interests, however they are structured or timed

Transfers of interests in a legal entity are generally not a change in ownership of the real property the entity holds, but Revenue and Taxation Code §64(c) creates the exception that governs here: when one person or entity obtains control of the entity, meaning more than 50% of the ownership interests, the property the entity owns is reassessed at current market value. Control is measured by what the acquirer ends up holding, so interests bought in a series of small increments are added together, and the reassessment falls in the year the buyer's cumulative holding passes 50%. Slicing the purchase into pieces under 10% changes the timing of that event, not whether it happens. A separate cumulative rule in §64(d) tracks interests held by original co-owners after real property was deeded into an entity in a transfer excluded under §62(a)(2), which is not how this LLC came to own the building.

Answer Options
A
Only when a single transfer of membership interest exceeds 50% in one transaction, because incremental transfers below that threshold are each evaluated independently
B
When the transfers cumulatively give the new investor more than 50% of the LLC's membership interests, however they are structured or timed
C
Only when all original members have fully divested, resulting in 100% new ownership of the LLC
D
When any new investor acquires a controlling interest as defined by the LLC's operating agreement, which may differ from the 50% statutory threshold

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Related Topics & Key Terms

Key Terms:

entity_transferLLCcumulative_changereassessmentca_specific_valuation

Related Concepts

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.

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