Effective for 2014, taxpayers who exchange real property located in California for like-kind properties located outside of California in a tax-deferred like-kind exchange will need to file an annual information return with the State of California. A new California tax form, Franchise Tax Board ("FTB") Form 3840, California Like-Kind Exchanges, will be utilized to report the exchange and a separate FTB Form 3840 is required for each exchange completed.
This month the voters of the City and County of San Francisco narrowly rejected Proposition G which would have allowed San Francisco to impose an additional transfer tax (ranging from 14%-24% of the total sale price) on certain multi-unit residential properties within San Francisco that were sold within five years of acquisition. This proposed tax, although rejected by the voters, is part of a pattern by some California cities and counties to seek additional revenues from transfer taxes associated with real estate transactions and/or entities that own real estate.
On September 26, 2014, developers of condominium projects throughout the country achieved a major victory, as President Obama signed H.R. 2600 into law. When it becomes effective, H.R. 2600 will amend 15 U.S.C. 1702 of the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominiums from the filing, registration and disclosure requirements of ILSA. H.R. 2600 drew wide-ranging, bipartisan support with both the House of Representatives and the Senate unanimously voting to adopt the amendment.
Original Article Published 9/19/13: The Right to Repair Act, also known as “SB800” (the “Act”), which applies to new residential construction sold on or after January 1, 2003, superseded common law causes of action such as strict liability and negligence by homeowners for defective residential construction. The Act gave builders a right to repair any alleged deficiencies before homeowners could sue. Not so, said the Court of Appeal in Santa Ana on August 28, 2013.
The California Revised Uniform Limited Liability Company Act ("RULLCA") will repeal and supersede California’s existing limited liability company act (the Beverly-Killea Limited Liability Company Act, "Beverly-Killea"). RULLCA is different from Beverly-Killea in many significant respects.
On September 23, 2013, Sections 506(d) and 506(e) of Regulation D under the Securities Act of 1933 became effective regarding “bad actors.” Section 506 provides a commonly used exemption from the requirement under the Securities Act of 1933 to register offerings for sales of securities.
On August 5, 2013, the California Supreme Court released an important decision concerning the California Environmental Quality Act (“CEQA”) and an interpretation of CEQA Guideline section 15125(a) on the “baseline” from which potential impacts would be measured in the matter entitled Neighbors for Smart Rail v. Exposition Metro Line Construction Authority et al. (Los Angeles Metropolitan Transportation Authority et al.).
On January 18, 2013, Senate Majority Leader Ellen Corbett (D – San Leandro), introduced Senate Bill 123 (SB 123) that would require the presiding judge of each superior court in the State to establish an Environmental and Land Use Division within each court to process civil proceedings brought under the California Environmental Quality Act (Pub. Res. Code, §§ 21000, et seq.
Sonia A. Lister is a Shareholder in JDTP’s Real Estate Services Group. Ms. Lister has served on the Board of Directors for HomeAid Orange County since 1998. In this article, Ms. Lister highlights the realities of homelessness in Orange County, HomeAid’s role in eliminating homeless for thousands of Orange County families and individuals, and the important and diverse role the Orange County building and legal communities have played in HomeAid’s success.