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Prop 19 & Inherited Property Tax · California

Does Prop 19 change the step-up in basis when I inherit?

No. Prop 19 changed California property tax only. It did not touch the federal income tax step-up in basis, and it could not have — property tax is a California constitutional matter decided by California voters, while basis is a question of federal income tax law that a state ballot measure has no power to alter. These are two separate systems that happen to look at the same house at the same moment, and confusing them is a mistake that turns up even in advice from people who should know better. When you inherit real estate from a parent, your income tax basis in that property is still adjusted to its fair market value on the date of death, exactly as it was before Prop 19 passed.

The practical consequence is that you can face a large property tax increase and a very small capital gains bill on the same house. Suppose your father bought a rental in Sunnyvale for $200,000 and it is worth $2,000,000 when he dies. Because it is a rental rather than his principal residence, there is no parent-child exclusion under Prop 19 and it is reassessed to $2,000,000 for property tax, roughly a tenfold jump in the annual bill. At the same time your basis for income tax purposes becomes $2,000,000, so if you sell it a few months later for $2,050,000, your taxable gain is about $50,000 rather than $1,850,000. That combination is precisely why some families decide to sell an inherited property rather than hold it, and why the property tax answer and the income tax answer have to be worked out together. It is also why gifting a house during a parent's lifetime is usually a poor idea, since a lifetime gift carries the parent's old basis forward instead of resetting it. That trade-off is worked through in the question on whether parents should deed the house to a child now to get ahead of Prop 19.

This page is general information about California law, not legal advice, and does not create an attorney-client relationship. Figures and deadlines change, and every family’s situation is different. Last reviewed August 2026.

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