Proposition Summary
GIFT AND INHERITANCE TAXES (Proponent Miller). LEGISLATIVE STATUTE. Repeals existing statutes governing gift and inheritance taxes. Prohibits imposition of gift or inheritance taxes. Reenacts state "pickup" tax on decedents' estates at rate set by schedule of credits for state death taxes under specified provisions of the United States Internal Revenue Code. Requires Legislature to provide for collection and administration of this tax. See analysis of Legislative Analyst in Ballot Pamphlet for discussion of effective date of this measure. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Reduce state inheritance and gift tax revenues by about $130 million in 1982-83, by about $365 million in 1983-84, and by higher amounts thereafter. Save state approximately $6 million annually in administrative costs. Under existing law, reductions in state revenue would result in corresponding reductions in amount of fiscal relief provided by state to local governments and schools.
Proposition Number
5
Year
1982
Document Type
Proposition
Pass/Fail
Pass
Popular Vote Results
Y: 3208394; A: 61.8; N: 1983818; B: 38.2
Election Type
Primary
Proposition Type
Initiative
Relevant Case
Yoshisato v. Superior Ct.: 3 Cal. App. 4th 1070, 1991; Estate of Cirone: 153 Cal. App. 3d 199, 1984; Carlson v. Cory: 139 Cal. App. 4th 724, 1983; Estate of Gibson: 139 Cal. App. 3d 733, 1983; Estate of Martin: 150 Cal. App. 3d 1, 1983; Wilson v. Superior Ct. of Los Angeles County: 134 Cal. App. 3d 173, 1982
Code Sections Affected
Amended Cal. Rev. & Tax Code section 13301
For Author
David E. Miller, Attorney
Against Author
Kenni Friedman, President, League of Women Voters of California; Chris Adams, President, California State PTA; Thomas G. Moore, President, California Gray Panthers
Rebuttal Against Author
David E. Miller, Attorney
Recommended Citation
GIFT AND INHERITANCE TAXES (Proponent Miller). California Proposition 5 (1982).
https://repository.uclawsf.edu/ca_ballot_props/899