1.
The due date and delinquent date of the second installment of real property taxes in California, are respectively:
Correct Answer
C. February 1 and April 10
Explanation
November 1 - first installment due, December 10 - first installment delinquent & February 1 - second installment due, April 10 - second installment delinquent
NDFA - No Darn Fooling Around
2.
Which of the following are property tax exemptions stated in the California law?
Correct Answer
C. Owner occupied single family residence
Explanation
Must be owner occupied
3.
Which of the following would have the least impact on property taxes?
Correct Answer
D. A recorded homestead
Explanation
Recording a "declaration of homestead" has no impact on property taxes.
4.
Special assessments levied under the Street Improvement Act of 1911 may be used for any of the following purposes except:
Correct Answer
B. To purchase vacant land
Explanation
The Street Improvement Act of 1911 allows special assessments to be levied for various purposes, such as new drainage and sewer systems, building off-site local improvements, and improving street lighting. However, the act does not specifically mention using the assessments to purchase vacant land. Therefore, purchasing vacant land is not a permissible use of the special assessments under the Street Improvement Act of 1911.
5.
The difference between property taxes and special assessments is that:
Correct Answer
D. Special assessments are levied for the cost of specific local improvements, while property tax revenue goes into the general fund
Explanation
Special assessments are levied for the cost of specific local improvements, while property tax revenue goes into the general fund. This means that special assessments are specifically collected to fund particular projects or improvements in a local area, such as road repairs or park development. On the other hand, property taxes are collected from all property owners in a jurisdiction and are used to fund general government operations and services. Therefore, the main difference between property taxes and special assessments lies in their purpose and allocation of funds.
6.
The marginal tax rate:
Correct Answer
C. Determines the tax rate applied to the next dollar earned
Explanation
The marginal tax rate refers to the rate at which an individual's next dollar of income will be taxed. It is not the total income tax that a person must pay, nor is it the minimum income tax rate. Instead, it specifically determines the tax rate that will be applied to any additional income earned.
7.
Mr. Smith purchased an apartment building for $180,000. The listed price was $200,000. Mr. Smith considered this a good deal on his part, since he only put $18,000 down and acquired a new first trust deed for the difference. The tax assessed value was indicated at $130,000. Mr. Smith's cost basis for income tax purposes would be:
Correct Answer
C. $180,000
Explanation
Cost basis is the actual purchase price
8.
The term "tax shelter" refers to:
Correct Answer
D. Income taxes
Explanation
A "tax shelter" is an investment such as real estate which for income tax purposes allows an investor to defer payment of taxes on current income to a later year
9.
A homeowner sold his personal residence and took a $30,000 loss on the sale. For federal income tax purposes:
Correct Answer
A. He may not deduct the loss on the sale of his personal residence from his income tax
Explanation
The correct answer is that the homeowner may not deduct the loss on the sale of his personal residence from his income tax. This is because losses on the sale of personal residences are not tax deductible for federal income tax purposes.
10.
Which of the following is true regarding the depreciation of land under federal income tax law?
Correct Answer
D. Land cannot be depreciated under federal income tax law
Explanation
Land cannot be depreciated under federal income tax law. This is because land is considered a non-depreciable asset. Depreciation is only applicable to assets that have a limited useful life, such as buildings or equipment. Land, on the other hand, is considered to have an indefinite useful life and its value is expected to appreciate over time rather than depreciate. Therefore, the cost of land cannot be deducted as an expense for tax purposes.
11.
Kim recently bought a commercial office building. What is the minimum period of time in which she may depreciate the building for federal income tax purposes?
Correct Answer
B. 39 years
Explanation
Minimum depreciation periods: residential is 27.5 years minimum and commercial is 39 years minimum
12.
Brandon owns a large apartment complex that he wants to exchange for another property so he will be able to defer paying income taxes in the year of the exchange. He should exchange his apartment complex for:
Correct Answer
C. A more valuable apartment complex, assuming a larger loan and paying cash boot to balance the equities
Explanation
Brandon should exchange his apartment complex for a more valuable apartment complex, assuming a larger loan and paying cash boot to balance the equities. This is because in a like-kind exchange, Brandon can defer paying income taxes if he exchanges his property for a similar or more valuable property. By assuming a larger loan and paying cash boot, Brandon can balance the equities and potentially avoid paying income taxes in the year of the exchange.
13.
The buyer of a commercial building in a sale-leaseback transaction would be least concerned with:
Correct Answer
D. The seller's depreciated book value of the improvements
Explanation
In a sale-leaseback transaction, the buyer of a commercial building is least concerned with the seller's depreciated book value of the improvements. The buyer's main focus would be on factors that directly affect the property's value and potential for generating income, such as access to transportation, zoning regulations, and the physical condition of the improvements. The seller's depreciated book value is a financial metric that reflects the historical cost of the improvements, but it does not necessarily reflect their current market value or income potential, which are more relevant to the buyer.
14.
A grant deed has been executed once it has been:
Correct Answer
A. Signed by the grantor
Explanation
A grant deed is considered executed once it has been signed by the grantor. This means that the grantor has formally agreed to transfer ownership of the property to the grantee. The other steps mentioned, such as delivering the deed to escrow, recording it, and delivering it to the grantee, are important subsequent actions, but the actual execution of the deed occurs when the grantor signs it.
15.
Which of the following is one of the implied warranties contained in the grant deed?
Correct Answer
B. Grantor has not conveyed title to any other person
Explanation
A grant deed contains two implied warranties: (1) the estate is free from undisclosed encumbrances and (2) the grantor has not conveyed title to any other person
16.
Why are warranty deeds rarely used in California, but commonly used in other states?
Correct Answer
C. Recourse against a title company works better than trying to collect from the grantor
Explanation
A problem with a warranty deed results in a claim against a seller who may lack the ability to pay. A claim against a title insurance company to enforce a title policy is far more likely to be enforceable.
17.
Concurrent ownership of real property by two or more parties, each of whom has an undivided interest (not necessarily equal) without right of survivorship, would be described as:
Correct Answer
C. Tenancy in common
Explanation
Tenancy in common refers to a situation where two or more individuals own a property together, with each person having an undivided interest in the property. Unlike joint tenancy, there is no right of survivorship, meaning that if one owner passes away, their share of the property will not automatically pass to the other owners. This type of ownership allows for unequal shares and each owner has the right to transfer or sell their share independently.
18.
An uncle bought a home two years ago and purchased a standard title insurance policy. The uncle died and willed the home to his nephew. During probate it was discovered there was a defect in the title to the home because the grantor who sold the home to the uncle had been legally incompetent at the time of the sale. The title company denied any liability under the title policy. The probable outcome of this lawsuit will be:
Correct Answer
A. The title company was liable because its obligation under the policy is not terminated by the death of the uncle
Explanation
A title insurance policy insures title as of the date or transfer of title. The death of the policy holder (buyer) does not terminate the title insurance company's obligation to insure marketable title was present at the time of the transfer.
19.
Which of the following is incorrect in regards to a "metes and bounds" description?
Correct Answer
D. "metes" are boundaries and "bounds" are measurements
Explanation
"metes" are measures of length, and "bounds"" are measures of boundaries
20.
A 36 mile square contains how many townships?
Correct Answer
D. 36 townships
Explanation
A 36 mile square measures 36 miles by 3 miles and contains 36 townships.
21.
In the typical escrow, once all the conditions of the escrow have been satisfied, the escrow officer becomes:
Correct Answer
C. A separate agent for each party, whereas during escrow, the escrow officer was a dual agent for both parties
Explanation
Once all the conditions of escrow have been satisfied, the escrow officer becomes a separate agent for each party, whereas during escrow, the escrow officer was a dual agent for both parties
22.
A real estate broker placed a deposit received with an offer to purchase property in his trust account. After the seller accepted the offer, but before escrow was opened, the buyer informed the broker that she had terminated the contract and demanded the return of her deposit. The broker, unsure of what was the proper course of action, turned the deposit over to the court. This would be an example of:
Correct Answer
B. An interpleader action
Explanation
When a broker or escrow is holding a client's money and the clients get into a dispute over the money, it is appropriate for the broker or escrow to file an interpleader action in court. The interpleader action asks the court to decide the dispute between the parties to a contract.
23.
When examining a properly prepared escrow closing statement, a broker would discover that the purchase price would appear as:
Correct Answer
A. A debit to the buyer
Explanation
In a properly prepared escrow closing statement, the purchase price would appear as a debit to the buyer. This means that the buyer owes the purchase price amount. Debits represent amounts owed, while credits represent amounts received. Therefore, the buyer is debited for the purchase price because they are responsible for paying it.
24.
A home sold for $90,750. The buyer assumes an existing $30,000 trust deed and paid cash for the balance of the purchase price. If the documentary transfer rate is $.55 per $500 of consideration, what was the documentary transfer tax?
Correct Answer
C. $67.10
Explanation
The consideration is the selling price minus existing loans assumed by the buyer.
$90,750 (selling price) - $30,000 (existing assumed loans) = $60,750 (consideration)
$60,750 divided by $500 = 121.5 taxable units
The tax rate is $.55 for each $500 of consideration + $.55 for any fraction of $500, therefore you multiply $.55 X 122 taxable units = $67.10
25.
For property tax purposes, when is property normally reassessed?
Correct Answer
A. Whenever the property is sold
Explanation
Property is normally reassessed for property tax purposes whenever the property is sold. This means that when a property changes ownership, its value is reassessed to determine the new property tax amount. Reassessment is necessary because the value of a property can change over time, and the tax amount should reflect the current market value. Reassessing only when the property is sold ensures that the tax assessment is fair and up-to-date.
26.
Who is responsible for the disclosure of Mello Roos bonds against the property?
Correct Answer
A. Seller
Explanation
The seller of one-to-four dwelling units subject to a Mello-Roos lien must make a good faith effort to obtain a disclosure notice concerning the special tax and give notice to a prospective buyer.
27.
A benefit of ownership of real estate under the federal income tax law is:
Correct Answer
D. All of the above
Explanation
The correct answer is "all of the above" because ownership of real estate under the federal income tax law provides several benefits. Depreciation allows owners to deduct a portion of the property's value over time, reducing taxable income. A 1031 tax deferred exchange allows owners to defer capital gains taxes by exchanging one investment property for another. An installment sale allows owners to spread out the recognition of income from the sale of a property over multiple years. Therefore, all three options mentioned (depreciation, 1031 tax deferred exchange, and installment sale) are benefits of real estate ownership under the federal income tax law.
28.
Isabel recently bought a 10 unit apartment building. What is the minimum period of time in which she may depreciate the building for federal income tax purposes?
Correct Answer
A. 27.5 years
Explanation
Residential is 27.5 years minimum and Commercial is 39 years minimum
29.
Kim currently has a freehold estate, which of the following would result in her having a less-than-freehold-estate?
Correct Answer
C. A sale-leaseback
Explanation
In a sale-leaseback the owner sells the property to an investor. The investor then leases the property back to the prior owner The prior owner stays in possession and becomes a tenant, holding a less-than-freehold estate