Prop. 13 - Who's Getting the Shaft?

News reports indicate that the "split roll" initiative to split commercial Prop. 13 tax policy from residential policy has submitted enough signatures to be on the November ballot.  I guess we should be thankful that California law about new taxes says it has to go to a vote of...the people instead of just the politicians.   The whole Proposition proposition is a mess, but that is a discussion for another day.  This day we have to assess whether reevaluating the market value of commercial property on a frequent interval and taxing it accordingly is a good thing or not.

I touched on this after hearing our assumed new state senator, Josh Becker, throw his weight behind the idea here.  But is there more to the story?  And does the hidden story involve the Law of Unintended Consequences?  Care to guess?  Well, the Law of Unintended Consequences is a bit like the Law of Gravity.  The SacBee, no enemy of new taxes, just reported this interesting consequence:

County tax collectors are reiterating their opposition to a proposed “split roll” initiative that could raise tax revenue from commercial and industrial property, calling the measure “problematic” and difficult it to implement.  The California Assessor’s Association in a letter to lawmakers says tax collectors don’t have the resources to execute the plan, which calls on them to more frequently assess commercial properties worth $3 million or more.

“In my opinion, the property tax measure as written will be impossible for assessors to implement — not just difficult but impossible,” Santa Clara County Assessor Larry Stone said.

Assessors project the changes would cost just over $1 billion to put in place over three years, and would “overwhelm” county assessors’ capabilities.  For example, according to an attached analysis commissioned by the Association, Santa Clara County would experience a 12-fold increase in the number of commercial and industrial properties it reassesses annually.   “It is expected that similar increases would result in all counties,” the analysis states.

While we might have sympathy for all the tax collectors having to massively grow their empires to implement the law, what about the people paying these new taxes?  Most people who have never rented a commercial space or run a small business don't know how that world works.  That apparently includes our next state senator.  The term to learn is a "triple net lease".  I'll let Wikipedia explain it here.  If you don't know what it is, you have no business voting for this initiative.  Suffice it to say the very same shop owners and restaurants that I have been fretting about (more than usual) for the last two months are the ones who would get shafted by this ballot initiative.

You are going to hear a lot about the budget shortfall, the evil commercial landlords who have been skating by for years, the school budget cuts and whatever else gets thrown against the wall in hopes it sticks.  Now is the time to understand who will actually be hurt by the latest tax grab.   Full disclosure:  I do not now, nor have I ever owned commercial property.  That doesn't mean I don't recognize a train wreck in the making.

Comments

[Barking Dog]

https://www.sfchronicle.com/politics/article/Prop-13-reform-headed-to-California-ballot-could-14074032.php

https://www.sfchronicle.com/politics/article/Proposition-13-is-no-longer-off-limits-in-13492400.php

The 2 quotes Catherine Bracy of TechEquidy Collaborative in the 2nd article are my favorite. Just reeking with self entitlement.

Think businesses on Broadway and TheAve are struggling now because of Covid, lot more will go out if this passes. No way any small mom and pop will survive a 10 fold NNN increase. Lot of multi generational money will move outta state.

[Paloma Ave]

A democrat politician has NEVER met a tax increase they were not in favor of.

They believe they are smarter than the rest of us.

Since this is a state ruled by democrats, I fear it will be passed. They will say "it is for the children, the poor and the elderly".

But eventually, because they will have their foot in the door, it will nail residential property.

Remember they have insatiable appetites for your money.

YOU HAVE BEEN WARNED.

[enough is enough]

I agree with both comments above.
If there's a petition to sign please add a link.
Thanks!

[Sign me up]

The absolute best most impactful thing you can do is join the Howard Jarvis Taxpayer's Association at https://www.hjta.org/ Pay the membership fee and then some. These guys are the sharpest knife in the drawer on this topic.

[Peter Garrison]

Ditto

[[email protected]]

Dear BD, PA,EIE, and PG. I read all of your posts.
-How many of "YOU" inherited property from your parents?
How many of "YOU" will be passing on your property to a Family member in order to avoid reassessment?
Thereby, not paying your "Fair Share" for services rendered?
How many Christens out here?

[Concerned]

I never inherited one single property of the four Burlingame properties that I own. I have worked hard for them.

Two of those have property taxes defined by market purchase prices in the last six years.

I know a lot about the commercial real estate market and this new effort to increase CA taxes to waste on more High Speed Rail projects will drastically hurt minority small business owners.

Don't let Holly's efforts to lift the ladder behind him influence your good judgement to help others be allowed to succeed without even more unneeded government tax burdens.

[Sign me up]

I wouldn't let Holly's effort to do anything but pick up dog poop on the sidewalk affect me.

[Barking Dog]

When people/groups like this, not including all the donkeys in the state senate and legislative branches,who support taking more of my hard earned money and equity, yes Holly I have a problem with it.

Catherine Bracy TechEquity Collaborative
https://techequitycollaborative.org/
https://twitter.com/cbracy

And our neighbors that support/follow on Twitter about this and other garbage/socialist agendas.
https://twitter.com/mldunham?lang=en
https://twitter.com/cafedujord?lang=en

Holly, if you really think that the teachers/schools/students are directly going to reap the rewards of the split roll, I have ocean front property in Kansas to sell you. Once the State, county and cities take their share to pay down their debt to Calpers, crumbs will be left. But I can see why you support it,it benefits for you and your sisters Calpers retirement is my guess.

And for the record, yes, my wife and I(her brother and wife too) are beneficiaries of a building in San Francisco that my wife's grandfather, father and brother owned and ran a business out of for 72yrs. It had been leased out, at a well below market rate for the past 8yrs, until our families recently sold it. After years of relentless pressure from realtors/investment groups/venture capitalists, etc, our families decided to take the windfall of a ridiculous amount money, legally not pay any taxes on it, and help our kids/grandkids for their future. And guess what Holly, I(we) can give 2 s*!%s, what you or anyone else's opinion/thoughts are for what our families did to protect/secure our families future.

Also, get off your religion/Christian high horse(I am a practicing Catholic) Holly. Look at the statistics, the people/groups who are writing/supporting this legislation(Millennials/Gen Z)are either Atheist or don't practice any religion.

[Paloma Ave]

To know it all Holyroller - We bought our property in 1989, the height of real estate market.

I was paying property taxes five times higher than my neighbors. Had we lost a job, we would have had to sell at a loss for the first seven years we owned the house.

Had it not been for Prop 13 my taxes are estimated to be $56,000 + a year. At about $7,000 a year, after 31 years, I feel I am paying my fair share.

You must be another person "With no skin in the game?". Are you related to big time whiner Cynthia Cornell?

[Barking Dog]

Paloma - Right now they aren't targeting residential Prop 13, only commercial. Once the ignorant voters of California emotionally vote in favor of this passage, residential Prop 13 will be right behind it on the ballot box. Of course Holly doesn't have any skin in the game. Just like Cornell and Dunham.

When tenants CAM fees(taxes,insurances,landscaping,etc)will become .55-.75 per sqft, on top of the $1.80-$2.25 per sqft rental for light industrial commercial buildings, say goodbye to mom and pop storefront/manufacturing in California.

[Joe]

Interesting. I'm feeling a bit like the host of a party where two guests I don't know just showed up :-)

Barking Dog and Hollyroller--are you two like BHS classmates or something? Do tell.

[Barking Dog]

I'm not a BHS grad. Only my kids. Im surrounded by a lot of Bearcats in my inner circle.

No clue who Holly is. Just an educated guess based on the jibberish Holly says here on BV.

[[email protected]]

Dear "Sign Me Up," Picking up "Dog Poop," whoever left it there, I would be Glad to pick it up-if I had a Poo bag with me.
Those moments when you can either step over, or Help Out is what makes Burlingame special.
The same goes for Character too.
I bet Dollars to Donuts, SMU does not wear a face mask in Public Spaces.
I appreciate you taking the time to think about me.

[[email protected]]

Dear BD.
You presented a good comment, until you brought up your Religious POV.
Holly Cow!
I would love to read how you came up with these Statistics. Please share.

[[email protected]]

Dear Paloma.
I do have "Skin in the Game."
You obviously knew what you were getting into when you decided to Purchase a home in Burlingame.
That is what I do not get. Why?
I am sure you made your Money back too.
It is not fair that you pay more than your neighbors for the same benefits-Schools, Shopping, Parks, Trees, Airport, Public transportation etc.. Just one of many reasons why Prop 13 should be phased out.

[[email protected]]

Dear Joe, we may have been Classmates at one time.
The only difference between us is the fact that Barking Dog took the "Small/Short School Bus to BHS," I rode my bike.
Barking Dog wanted to ride his Bike to BHS but kept getting lost on the way to and from School.

[Barking Dog]

Holy, you have ZERO skin in the game. Just because you and your sisters retirement is tied to Calpers, or some other union backed retirement fund, doesn't mean you have skin in the game. Being a union guy myself for 27yrs and also receiving a union pension, the rhetoric you spew reeks of the unions propaganda I too receive. I also receive a pension from a non union company where I worked for 19yrs....this pension plan preforms 10 fold over the unions.
So if you do have 'skin in the game' Holy, you are OK with your property taxes increasing dramatically? Seniors, like yourself, loosing their family homes/properties, because they can't pay the tax bill?

Holy, correct me if I am wrong but you are the one who called for "How many Chistens out here"(Holy spelling)...So are you saying your not 'Christen' if you don't vote to YES on split roll? If you are capable to let your thoughts be known to all here Holy, I am sure a bike riding guy like yourself can do the research himself for the statistics you are seeking. They are there at your pudgy, arthritic finger tips.

And for the record Holy(and I'm not proud of it), I was probably hanging around with the crowd, who drove to high school, that threw a stick or a broom handle in the front wheel of your bicycle.

[Paloma Ave]

Hey Holy - When their 5 or 6 people at the table and you do not know who the goofy one is...it is you.

You are the goofy one (to put it nicely) at the table.

Do you even realize that? Probably NOT.

[[email protected]]

Yeah, you were most likely the S Head that hurt me, as well as others in Middle School.
It is very Sad to "see" you are still a Bully.

[hillsider]

Barking Dog-- you are smarter than allowing yourself to be drawn into a battle of wits with an unarmed man.

[[email protected]]

WHERE HAVE YOU BEEN HILLSIDER?
I did not appreciate being "Stood Up" at the Kiwanis Holiday Dance.
That's OK. There are plenty of "Old Goats" to go around.
I am just Glad you are well..
Well enough to remember the times we have had.
Happy Father's Day.

[Jay Farner]

This is a comment on June 06, 2020 article entitled “Prop. 13 - Who's Getting the Shaft?“. The article seems to bemoan that commercial property will no longer get the benefits of prop 13 if the new initiative passes in November. The article mentions that people who don’t understand commercial real estate shouldn’t vote - One understanding of commercial real estate that wasn’t mentioned in the article is that commercial real estate can be depreciated and the owner gets the benefit of depreciation- even though the commercial property is appreciating in value. To be able to depreciate and get tax benefits from a depreciating asset is ridiculous! So if this new initiative doesn’t pass maybe we should just get rid of the depreciation benefits for commercial real estate. Think of the people who can’t afford housing here and yet businesses are able to get depreciation allowances and Yhe money that flows from that - All the while the property appreciates in value!! Who came up with such a convoluted system that allows someone to depreciate an appreciating asset! Purely on that basis we should vote for this prop 13 to stop giving commercial real estate a break on their taxes. (this was dictated so ignore typos).

[Paloma Ave]

Hi Jay - Are you in a public employee union?

[Joe]

Jay, you make an interesting point on depreciation and modifying the schedules might be worth looking at. But then you say vote for the measure even though it doesn't have anything to do with depreciation schedules. Huh?

Good letter in the DJ yesterday:

Responding to Kathleen Buban’s letter on June 17, the “California First” initiative on the ballot would certainly raise rents or property taxes on many of the small, vibrant businesses that make our communities what they are — whether they are in downtown San Mateo, Burlingame or Half Moon Bay.

Most small business owners operate on very tight margins. Many have suffered no income from COVID-19 for more than several months, however, their forestalled rents and unsold inventory and products still have to be paid for. It’s no secret that San Mateo County’s property taxes are the third highest in the Bay Area, and the Fed is forecasting that the economy may not fully recover until the end of this decade.

This is not the time to be increasing the burden on our community’s businesses. Increasing taxes on small business owners, directly or indirectly, would likely cause many of our treasured businesses to close permanently.

Gary Naman

El Granada

Right on, sir.