Mayor Karen Bass of Los Angeles has unveiled the fiscal budget for 2023-2024, allocating the revenue generated from Measure ULA's newly implemented "Mansion Tax." The funds have been set aside to address potential legal disputes that may invalidate the tax entirely. Should the new tax be repealed, the City is prepared to issue refunds.
Effective April 1, 2023, Los Angeles County instituted a 4% documentary stamp tax on residential real estate transactions ranging from $5 million to $10 million. For transactions exceeding $10 million, a 5.5% tax rate applies. Consequently, a $20 million residential property sale in the county would be subject to a $1.1 million documentary stamp tax, in addition to other applicable fees and taxes. The revenue generated from Proposition ULA is earmarked for homelessness alleviation in the county.
Several oponents have questioned the legality of this tax. One argument posits that the California Constitution restricts local governments from levying documentary stamp taxes for specialized purposes. Another argument suggests that the tax contravenes the equal protection clauses of both the California and U.S. Constitutions. Although these challenges were submitted before the tax came into effect, no court has prohibited the county from collecting it. Should the tax be invalidated due to legal challenges, the city will be required to issue refunds.
Additionally, the "Taxpayer Protection and Government Accountability" Proposition has garnered sufficient signatures for inclusion in the November 2024 statewide ballot. This proposition mandates that any new or increased tax must receive approval from two-thirds of the voters. It would also nullify any tax propositions passed after January 1, 2022, that did not meet this criterion. Measure ULA, which received 58% approval, would be invalidated if the statewide proposition is enacted.
Disclaimer: The information presented on this website or any Cruncher Accounting, PC online platform is for general information and illustrative purposes only. It should not be considered tax, legal, financial, or other professional advice. The content is not intended to provide definitive answers or solutions to specific business situations and is not a substitute for careful research or the advice of a licensed professional that knows your unique circumstances.
Readers are advised not to rely solely on Cruncher Accounting materials or use them as the basis for any business, legal, tax, or accounting decision without first seeking independent subject matter expertise and counsel. All case studies shown are hypothetical and intended for demonstration purposes only; results shown are not guarantees of performance or outcomes.
Please contact a Cruncher Accounting professional directly to discuss your specific questions or business situation. Our team would be happy to speak with you about a tailored consultation to your needs. We also encourage all readers to seek counsel from licensed attorneys, financial advisors, CPAs, Enrolled Agents, or other qualified professionals prior to making decisions related to their finances or enterprises.
Published By:
Cruncher Accounting, PC