Currently, the City currently imposes a real property transfer tax when property is transferred for consideration. The tax is measured by the value of consideration at a rate of 1.5% of the consideration for transactions less than or equal to $1.5 million and a rate of 2.5% of the consideration for transactions more than $1.5 million. To ensure that the 2.5% rate applies to the top third of transactions, the City annually adjusts the threshold between the two tax rates to match the value of consideration for the transaction at the 67th percentile of transactions, although the threshold may not fall below $1.5 million. The 2.5% tax rate will expire on January 1, 2029. When voters adopted the 2.5% tax rate, they established a homeless services panel of experts, which makes recommendations on how the City should fund programs to end homelessness. City Council must consider, but need not follow, the panel's recommendations and may spend the revenues for any legitimate municipal purpose.
This measure would amend the tax in several ways. First, the 1.5% tax rate would apply to transactions for which the value of consideration is less than $1.6 million. Second, the 2.5% tax rate would apply to transactions for which the value of consideration is equal to $1.6 million but less than $1.9 million. Third, a new 3% tax rate would apply to transactions for which the value of consideration is equal to $1.9 million but less than $3 million. Fourth, a new 3.5% tax rate would apply to transactions for which the value of consideration is equal to or greater than $3 million. Fifth, the 2.5% tax rate would no longer expire and all tiers would remain in effect until amended or repealed by the voters.
The $1.6 million, $1.9 million, and $3.0 million thresholds correspond to the 67th, 80th, and 95th percentiles of real estate transactions in 2024. These thresholds would be adjusted annually to ensure they remain reflective of the percentiles, but would not be adjusted below $1.6 million, $1.9 million, and $3.0 million.
The measure would become effective January 1, 2027. Until then, the tax rates would remain as they currently are. Annually, the measure is estimated to generate an additional $2 to $4 million for $5 to $9 million of total tax revenue.
Source: City of Berkeley Ballot Measure Documents