Lee Faye

Property Tax Consultant in San Francisco, California

4(4 reviews)
(415) 776-71773338 Sacramento St, San Francisco, CA 94118View on Yelp

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About Lee Faye

Lee Faye is a San Francisco attorney practicing at the intersection of real estate law and tax law, with a specific focus on property tax assessment disputes and real estate transaction tax issues. She represents property owners in assessment appeals, advises buyers and sellers on the tax implications of their transactions, and handles disputes where a change of ownership triggered an unexpected reassessment. With a background in both real estate and tax law, she's well-positioned to handle matters that fall between the two disciplines. That includes cases where the structure of a real estate deal directly affects the property tax outcome, or where a client needs someone who can look at the full picture of a transaction rather than just one piece of it. She serves individual homeowners, investors, and real estate professionals throughout the Bay Area.

Services

Real Estate Law
Tax Law

How They Can Help

Lee Faye's practice covers property tax appeals, change of ownership reassessment disputes, and real estate transaction tax counseling. On the property tax side, she handles both Proposition 8 temporary reduction claims and base year value challenges. She's particularly focused on cases that arise from real estate transactions, where the assessor's interpretation of what happened in a deal doesn't match the taxpayer's understanding. She advises clients on the tax consequences of different transaction structures before a deal closes. If you're thinking about whether to hold a property in an LLC, how to structure a sale, or what the tax implications of a 1031 exchange might be at the property level, those are situations she can help think through alongside your other advisors. For clients who are already dealing with a reassessment they believe is incorrect, Lee handles the full appeal process from initial filing through the hearing. She also advises on the parent-child and grandparent-grandchild exclusions under California law, which are particularly relevant for families transferring property between generations. Getting these transfers structured correctly before they happen is far less complicated than trying to unwind a reassessment after the fact.

What to Expect

Lee begins every new matter with a consultation to understand the full facts, including the transaction history, current ownership structure, and any notices received from the assessor's office. For appeal cases, she reviews the assessor's records and identifies all viable grounds before filing. For transaction-related matters, she often works in parallel with the client's real estate attorney or CPA to make sure the property tax consequences are factored into the deal structure. It's a collaborative process and she's used to coordinating with other professionals. For formal appeals, she prepares the filing, gathers evidence, and represents the client at the Assessment Appeals Board hearing. She explains the process at each stage so clients know what to expect and aren't surprised by timelines or procedural steps. After a hearing decision, she advises on whether any follow-up options make sense based on the outcome.

Service Area

Lee Faye serves clients throughout San Francisco and the broader Bay Area, including Marin, San Mateo, Alameda, and Contra Costa counties. Given the nature of real estate law, she sometimes works with clients on properties in other California counties when the transaction or dispute involves Bay Area parties. Initial consultations can be conducted remotely for clients who can't meet in person.

Frequently Asked Questions

How does California determine whether a property transfer is a change of ownership?
California law treats most transfers of more than 50% of a property's beneficial ownership as a change of ownership that triggers reassessment. But there are many exceptions and exclusions, including transfers between spouses, parent-child transfers under certain conditions, and transfers between legal entities where the proportional interests don't change. The rules are detailed enough that small differences in how a transaction is structured can have very different tax outcomes.
What changed about property tax rules for family transfers after Proposition 19?
Before Prop 19, children could inherit a parent's primary residence and up to one million dollars of assessed value in other properties without reassessment. Since February 2021, the exclusion for a primary residence still exists but only if the child makes it their primary residence within a year, and the value exclusion is capped. Other inherited properties are now fully reassessed. It's a significant change that affects a lot of Bay Area families with high-value properties.
I bought a property six months ago and just got a reassessment notice that seems wrong. What should I do?
That's likely a supplemental assessment reflecting the change in ownership from your purchase. The deadline to appeal is typically 60 days from the notice date, so don't wait. Lee can review whether the assessed value is appropriate given your purchase price and the surrounding market data.
Can I avoid reassessment when I move a property into an LLC?
Sometimes. Transfers to a legal entity don't trigger reassessment if the proportional ownership interests remain the same. But the rules around this are specific, and certain transfers that seem straightforward can still trigger reassessment under the right circumstances. Talking to Lee before you make that move is the right sequence.
What's the income approach to commercial property valuation and when does it apply?
The income approach estimates a property's value based on the income it generates, using cap rates and net operating income rather than comparable sales. It's particularly relevant for multi-unit residential and commercial properties where the income stream is a primary driver of value. Assessors use it, and challenging their income assumptions, vacancy rates, or cap rate choice can be an effective way to argue for a lower value.
How is a property tax appeal different from a property tax planning conversation?
An appeal is a formal or informal process to challenge an existing assessed value. Planning is a proactive conversation before an event happens, like a family transfer or a sale, to structure things in a way that minimizes or avoids a reassessment trigger. Lee handles both, and the planning side often has more long-term financial impact than cleaning up a reassessment after the fact.
What if the assessor's office says my appeal has been denied informally? Is that the end?
No. An informal denial just means the assessor's office won't make the change administratively. You can still file a formal appeal with the Assessment Appeals Board, which is an independent body and isn't bound by the assessor's informal position. Lee can represent you at that hearing.
Does the structure of a 1031 exchange affect my property taxes?
It can. A 1031 exchange is a federal income tax concept, but how the replacement property is titled and what price is established can affect the California assessed value. Lee can work alongside your exchange intermediary and CPA to make sure the property tax consequences are understood as part of the overall transaction.

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