Imposes One-Time Tax on Certain Taxpayers
Imposes One-Time Tax on Certain Taxpayers. Initiative Constitutional Amendment and Statute. Imposes one-time tax of up to 5% on certain taxpayers with covered assets valued over $1 billion; covered assets include businesses, securities, art, collectibles, and intellectual property, but exclude real property and some pensions and retirement accounts. Allocates 90% of these tax revenues for health care, 10% for food assistance or education-related programs; prohibits using revenues to replace existing funding for these purposes. Exempts such tax revenues from constitutional requirements for school funding, budget reserves, and state spending limit. Summary of the Legislative Analyst's estimate of net state and local government fiscal impact: Temporary state revenue increase from a new wealth tax on billionaires. These wealth tax revenues probably would add up to tens of billions of dollars spread over several years. Possible ongoing decrease of less than $1 billion per year in state income tax revenue collected from billionaires.
Summary
Proposition 40 is a combined initiative constitutional amendment and statute put on the ballot by petition signatures. It would add Section 37 to Article XIII of the California Constitution and add the 2026 Billionaire Tax Act to the Government Code and the Revenue and Taxation Code.
The act imposes a one-time excise tax for the 2026 tax year on the activity of sustaining excessive accumulations of wealth by individuals who were California residents on January 1, 2026 and whose net worth is $1 billion or more, and on certain trusts. The tax is 5 percent of net worth.
For an individual with net worth below $1.1 billion the rate is reduced by 0.1 percentage point for each $2 million below that level, but not below zero. Net worth is measured as of December 31, 2026. Directly held real property and qualified pensions and individual retirement arrangements generally are not counted toward net worth.
Publicly traded securities, business interests, art, collectibles, intellectual property, vehicles and other non-publicly traded financial instruments generally are counted, Roth-type retirement accounts above $10 million are counted, and taxpayers may exclude up to $5 million of the combined value of certain other assets.
The tax is due with a taxpayer's 2026 income tax filing, with an option to pay in five equal annual installments plus an annual deferral charge of 7.5 percent of the unpaid balance. Revenues go into the 2026 Billionaire Tax Reserve Fund, which the Controller splits 90 percent to the Billionaire Tax Health Account and 10 percent to the Billionaire Tax Education and Food Assistance Account.
The Legislature may appropriate up to $22.5 billion a year from the health account and up to $2.5 billion a year from the education and food assistance account, and the money may not be used to replace existing state funding for those programs. The measure states that the Reserve Fund is separate from the General Fund, that the revenue is not proceeds of taxes for purposes of the state spending limit, and that the revenue does not count toward the Proposition 98 minimum funding guarantee for schools and community colleges.
The measure also lets the Legislature amend the act by a two-thirds vote if the change is consistent with and furthers its purposes, and provides for an expedited court review of the act's validity. The Legislative Analyst estimates the state probably would collect tens of billions of dollars over several years, that responses by billionaires such as leaving California probably would reduce state revenues by less than $1 billion per year, and that administering the tax could cost tens of millions of dollars per year for several years, paid from the new revenues.
A yes vote means the state would collect a one-time tax from billionaires equal to 5 percent of their wealth. A no vote means it would not.S1S2S3S4S6S7S14S15S16
What a yes or no vote means
Yes means
A yes vote means the state would collect a one-time tax from billionaires equal to 5 percent of their wealth.S3S4S6S14S17
No means
A no vote means the state would not collect a one-time tax from billionaires equal to 5 percent of their wealth. The new wealth tax, the new Reserve Fund, the two new accounts for health care and for education and food assistance, and the provisions that exempt the revenue from the school funding guarantee and the state spending limit would not take effect.S2S3S4S6S17
How it works
- What kind of measure this is: Proposition 40 is a combined initiative constitutional amendment and statute submitted to the voters under Section 8 of Article II of the California Constitution. It adds a section to the California Constitution and amends and adds sections to the Government Code and the Revenue and Taxation Code, so the voter guide prints the new language in italic type. The voter guide and the Legislative Analyst title it Imposes One-Time Tax on Certain Taxpayers, while the act itself is titled the 2026 Billionaire Tax Act, and the Secretary of State's contribution totals page calls it Imposes One-Time Tax on Certain Individuals and Trusts.S1S4S7S8S16
- Path to the ballot: the Institute of Governmental Studies reports that Proposition 40 began as Initiative #25-0024, filed with the California Attorney General's Office on October 22, 2025, that it was cleared for signature gathering on December 26, 2025, that supporters had collected at least 25 percent of the required signatures by February 26, 2026, that they submitted signatures for verification on April 27, 2026, and that the Secretary of State announced it had qualified for the ballot on June 17, 2026. Ballotpedia reports that Service Employees International Union-United Healthcare Workers West is the primary proponent and that the campaign is called Save California Health Care and Public Education.S14S16
- The tax itself: an excise tax is imposed for tax year 2026 on the activity of sustaining excessive accumulations of wealth by applicable individuals with net worth of $1 billion or more, and on applicable trusts. Whether a person or trust is applicable is determined as of the tax obligation date, January 1, 2026, and the amount of net worth subject to tax is measured as of the valuation date, December 31, 2026. For purposes of filing returns a married couple is treated as one individual. The tax is 5 percent of net worth. For an individual other than a trust whose net worth is below $1.1 billion, the rate is reduced by 0.1 percentage point, but not below zero, for each $2 million by which the person's net worth falls below $1.1 billion. The Legislative Analyst describes the same structure: billionaires who were California residents on January 1, 2026 would owe a one-time state tax equal to 5 percent of their net worth, due in 2027, with real estate, pensions and retirement accounts generally excluded.S2S3S7S16
- Who and what is covered: the tax applies to California residents within the meaning of Revenue and Taxation Code Sections 17014 and 17015.5 as of January 1, 2026, and to applicable trusts. An applicable trust is a trust, other than a grantor trust or tax-exempt trust, that received property from a living individual with net worth of $1 billion or more or from a related entity. A trust may elect to be treated as an applicable trust, and an individual with net worth of $1 billion or more who transferred property to an applicable trust may elect to have the trust treated as part of that individual's net worth. The Legislative Analyst and the League of Women Voters both describe the tax as reaching roughly 200 taxpayers. The findings in the act state that California has around 200 billionaires who collectively hold about $2 trillion in wealth.S7S2S15S16
- Paying the tax: any additional tax is reported with, and is due at the same time as, the taxpayer's annual income tax return, so the tax is paid with the 2026 tax filing in 2027. A taxpayer may either pay the amount due with the 2026 income tax or pay annually in five equal installments beginning in the year the tax is due, with each subsequent annual installment also subject to an annual non-deductible deferral charge of 7.5 percent of the remaining unpaid balance. Every California resident individual required to file a return for the 2026 tax year must either declare that their net assets were worth $1 billion or less as of the valuation date or submit a declaration of the additional tax owed with forms, appraisals or other evidence of fair market value. The Franchise Tax Board must promulgate the required forms within six months after passage, and the board must grant six-month filing extensions for tax year 2026 only. The Legislative Analyst notes that taxpayers would have the option to spread the payments over five years but would have to pay more to do so.S2S3S7S15S16
- How net worth is computed: genuine debts and other liabilities reduce net worth, with limits. Recourse debts for which the taxpayer is fully personally liable are fully counted; other debts count only up to the value of the collateral; sole proprietorship debts reduce net worth but debts of partnerships, limited liability companies and other business entities do not, except to the extent the taxpayer is personally liable; guarantees of another person's debts do not reduce net worth; and related-party debts, debts contingent on substantially uncertain future events within five years, debts not negotiated at arm's length, and charitable pledges entered into after October 15, 2025 do not reduce net worth. No debt reduces net worth unless market rates of interest are being charged.S7S16
- What is counted in net worth: publicly traded assets are valued at market trading value on December 31, 2026; sole proprietorship assets are reported as if directly owned; interests in business entities are valued under a presumption of book value plus a present-value multiplier of 7.5 times average annual book profits, multiplied by the taxpayer's ownership percentage, with a certified appraisal allowed in place of the presumption on clear and convincing evidence that it substantially misstates value; grantor trusts are included; and for other trusts, property transferred by the individual is included, with 75 percent of the value of property transferred in 2025 included. Also included are art, collectibles, intellectual property, vehicles, non-publicly traded financial instruments and debts owed to the taxpayer, subject to a $5 million combined exclusion for those categories; Roth-type retirement accounts above $10 million in present value; property worth more than $1 million transferred for less than fair market value after October 15, 2025; and a dependent's assets above $50,000 in aggregate. An asset's value may not be set below the amount for which it is insured, and a business entity's value may not be set below the valuation in any funding round or equity sale within two years of the valuation date unless the taxpayer shows by clear and convincing evidence that it would significantly overstate value.S7S16
- What is not counted: interests in real property held directly by a taxpayer or through a revocable trust are not included in net worth, and qualified pensions and individual retirement arrangements, including those described in Section 219(g)(5) of the Internal Revenue Code and comparable foreign pension arrangements, are exempt from taxation and from the reporting requirements, except that Roth-type accounts above $10 million in aggregate present value are counted. Tangible personal property located outside California for at least 270 days during 2026 is excluded unless it was moved temporarily with a substantial purpose of avoiding tax, and certain nonqualified deferred compensation is exempt unless the taxpayer has a legally binding right to payment. The Legislative Analyst states that real estate, pensions and retirement accounts generally would be excluded, and the League of Women Voters notes that real estate is excluded because it is already subject to property taxes.S2S3S7S15S16
- Where the money goes: the act creates the 2026 Billionaire Tax Reserve Fund in the State Treasury. All revenues from the act, including taxes, interest and penalties, less refunds, are deposited to the credit of the Reserve Fund, and after accounting for administrative expenses the Controller allocates the remaining money 90 percent to the Billionaire Tax Health Account and 10 percent to the Billionaire Tax Education and Food Assistance Account. The Legislature may appropriate up to $22,500,000,000 each fiscal year from the health account and up to $2,500,000,000 each year from the education and food assistance account, and may appropriate less if it determines that holding funds in reserve is needed. Health account money is for health care funding, including restoring or addressing reductions in federal funding or state appropriations, protecting or enhancing Medi-Cal and other coverage programs for low and moderate income individuals, supporting safety net providers, preventing facility closures or service reductions, and payments to providers. Education and food assistance money is for kindergarten through grade 14 public education and for programs including CalFresh, CFAP, CalFood and California's universal school meals programs. The Legislative Analyst describes the same split: 90 percent of the money must be spent on health care services for the public, and the rest on education, food assistance and administration of the wealth tax.S2S3S7
- Rules meant to stop the money from replacing existing funding: the act states that appropriating money from the Reserve Fund may not be used as justification for reducing, eliminating or failing to increase other state appropriations for health care, education or food assistance, and that the money may not be used to supplant existing state funds for those programs. The Department of Finance must report annually to the Legislature on the Reserve Fund balance, estimated and actual revenue, amounts needed to restore reductions in federal funding and state appropriations, proposed and past expenditures, any recommended reserve, and a certification that Reserve Fund money is not being used to supplant or replace state funding that would otherwise be appropriated. Once the Director of Finance determines that all revenues from the act have been collected and spent, the Legislature may abolish the Reserve Fund. The Director of Finance must transfer up to $50,000,000 to the Franchise Tax Board as a start-up loan from the Reserve Fund or the General Fund for the first year, repaid from taxes collected under the act before any expenditures or appropriations from the Reserve Fund, and the board is reimbursed annually in later years.S7
- How the money is treated in the state budget: the act states that the Reserve Fund is a special fund permanently separate from the General Fund and any other state fund, that the taxes and money from the act are not to be considered General Fund revenues, state revenues, moneys or proceeds of taxes under Section 8 of Article XIII B or Sections 8 or 8.5 of Article XVI, that the revenue is not to be considered personal income taxes paid on net capital gains for purposes of Section 20 of Article XVI, and that the taxes are not ad valorem taxes on real property under Section 1 of Article XIII A. Appropriations of revenue from the Reserve Fund are excluded from the appropriations subject to limitation under Article XIII B, and no adjustment to any entity's appropriations limit is required as a result of the revenue. Money in the Reserve Fund may not be borrowed, loaned or transferred to the General Fund or any other state or local fund or account, except as provided in two Government Code sections as they read on January 1, 2025. The Legislative Analyst summarizes this as existing constitutional rules that limit spending and require the state to spend a certain amount on schools and community colleges not applying to this money, and the voter guide summary says the measure exempts such tax revenues from constitutional requirements for school funding, budget reserves and the state spending limit.S1S2S3S4S6S7S15S16
- Legislative amendment power: the act provides that the Legislature may amend the 2026 Billionaire Tax Act by a statute passed in each house by roll-call vote entered in the journal with two-thirds of the membership concurring, if the statute is consistent with and furthers the purposes of the act. CalMatters reports that the state Constitution allows the Legislature to amend a ballot initiative without another vote when the initiative permits it, that this clause is relatively common, and that courts have upheld amendments that further voters' original goals by any reasonable construction. CalMatters also reports that opponents argue lawmakers could use this power to expand the tax to people with far less than $1 billion, that the measure's purpose and intent section references billionaire wealth three times, that a tax attorney specializing in election law said lawmakers probably could adjust the structure of the tax in marginal ways but probably could not make it more than a one-time tax or lower the wealth threshold, and that because the tax is written into the Constitution, expanding it would likely require another trip to the ballot.S7S12
- Severability, expedited review and defending the act: the act's provisions are severable, and a court applying the act must, to the maximum extent consistent with the state and federal constitutions, preserve the tax by reforming dates or periods with the most limited adjustment possible; if the tax obligation date or valuation date is found unconstitutional, those references are to be construed as the earliest dates on which liability may be imposed consistently with law, preserving the 2026 tax year if permissible and otherwise 2027 or the earliest permissible year. A facial challenge may be brought as a validation action without the taxpayer having to pay the tax first, must be filed within 60 days after voter approval, is heard only in Sacramento County Superior Court with any appeal going directly to the California Supreme Court, and the courts are to make every effort to resolve the trial by April 1, 2027 and any review by November 1, 2027. The state, government agencies and officials, other government employers, the proponent, or in the absence of a proponent any citizen of the state may defend the act, and reasonable fees and costs of defending it are a charge on funds appropriated to the Attorney General if the Attorney General does not defend it. The act also includes enforcement provisions, including penalties of 20 percent of an understatement for a substantial understatement and 40 percent for a gross understatement, and a general anti-avoidance rule letting the Franchise Tax Board deny tax benefits for transactions lacking economic substance.S7
- What happens if Proposition 41 or 42 gets more votes: the Legislative Analyst's analysis of Proposition 40 includes a section titled Potential Interactions With Other Propositions. It states that if Proposition 41 or 42 on the same ballot receives more yes votes than Proposition 40, then Proposition 40 could be stopped from becoming law even if it gets yes votes from a majority of voters, because the courts could find that Proposition 41 or 42 conflicts with Proposition 40. Proposition 40's own conflicts section states that a measure on the same statewide ballot that levies a tax on or affects tax rates on the net worth of billionaires, or that provides for use of funds from a tax on billionaire net worth, is deemed to be in conflict with Proposition 40, and that if Proposition 40 receives a greater number of affirmative votes than a conflicting measure, Proposition 40 prevails in its entirety and the conflicting provisions are null and void. Ballotpedia reports that Propositions 41 and 42 each contain competing measure provisions that would nullify Proposition 40 if all are approved but 41 or 42 receives more votes, and that Proposition 40 also contains a provision that would nullify Propositions 41 and 42 if Proposition 40 receives more votes. CalMatters reports the same: if Proposition 40 captures more votes than both 41 and 42, the wealth tax takes effect and voids the countermeasures, and if either 41 or 42 out polls Proposition 40, the billionaire tax does not take effect.S3S7S10S13S16
- Background the Legislative Analyst gives for the measure: California is home to a few hundred people with net worth over $1 billion, often called billionaires, and many of them gained their wealth as executives or investors in California technology companies. The state and federal government spend over $200 billion per year on state health care programs, most of it for Medi-Cal, the state's health insurance program for low income people, and state spending also supports public health programs, mental health care, and drug and alcohol treatment. The findings printed in the act state that Medi-Cal covers nearly 15 million low income Californians, including more than half of the state's children, 2.2 million seniors and people with disabilities and one in five working adults; that Medi-Cal is projected to lose up to $19 billion in annual federal funding under the most recent federal budget legislation and administrative action, with federal cuts to Medi-Cal alone projected to total approximately $190 billion over ten years; and that state cuts to Medi-Cal are estimated to reach $7 billion in 2027-28 and $8.6 billion each year from 2028-29 onward. CalMatters reports that state officials project the federal cuts could amount to $30 billion a year, and the League of Women Voters reports that California is expected to lose about $30 billion annually in Medi-Cal funding when the federal law is fully implemented on January 1, 2027, while also facing up to $9.5 billion in new administrative costs. These figures are the findings and projections stated in the act and reported by the cited sources.S2S3S7S11S15
- How California taxes wealth today, as background: the League of Women Voters states that California, like the rest of the United States, has traditionally taxed income rather than wealth, that income is money people earn over time while wealth is the total value of what a person owns minus debts, and that California already taxes certain forms of wealth through property taxes on homes and commercial real estate, which apply to specific property rather than a person's total net worth. The findings in the act make a similar point, citing the annual Vehicle License Fee, a tax based on 0.65 percent of the value of a vehicle, and the annual property tax on housing of about 1 percent of assessed value as examples of narrower wealth taxes already paid by Californians. The act's findings also cite economic research stating that California billionaires pay 24 percent of their income in taxes at all levels of government while the average taxpayer pays 30 percent, and the findings quote research reporting that California billionaires' wealth grew an average of over 15 percent per year from 2019 to 2025 while they paid on average about 0.26 percent of their wealth annually in state income taxes.S7S15
- What the measure does not do: CalMatters reports that if a person is not a billionaire the tax does not apply, and that even for billionaires the measure exempts pensions and individual retirement accounts, with the most notable exception being Roth IRAs containing more than $10 million. CalMatters also reports that there are no active proposals to tax middle class retirement accounts on the ballot or in the Legislature. The measure does not create a tax on income, wages, sales, real property, or home equity, and the Legislative Analyst states the costs to administer the wealth tax would be paid from the new wealth tax revenues rather than from a new tax.S2S3S11S16
Fiscal impact
The Legislative Analyst's summary of the estimate of net state and local government fiscal impact is a temporary state revenue increase from a new wealth tax on billionaires, with those wealth tax revenues probably adding up to tens of billions of dollars spread over several years, and a possible ongoing decrease of less than $1 billion per year in state income tax revenue collected from billionaires.
The analysis states the state probably would collect tens of billions of dollars from the wealth tax, that the temporary increase in state tax collections would be spread across several years, and that exactly when and how much the state would collect is very hard to predict because it is hard to know what actions billionaires would take to reduce the amount of tax they pay and because much of the wealth is based on stock prices, which are always changing.
On the revenue side it states that California billionaires currently pay state taxes on their annual income, that they may respond to a new wealth tax in ways that reduce their income tax payments, for example by deciding to leave California, that the income taxes they currently pay would also go away, and that these responses probably would reduce state revenues by less than $1 billion per year, which could mean less money for the General Fund, the account that pays for most public services including education, health care and prisons.
On costs it states the state would have costs to determine how much wealth tax is owed and to collect payments, that these costs could be tens of millions of dollars per year for several years, and that these costs would be paid from the new wealth tax revenues. The Institute of Governmental Studies summarizes the same estimate: tens of billions of dollars in temporary state revenue over several years with the actual amount uncertain because of changing asset values and actions billionaires might take, a possible reduction in ongoing state income tax revenue of less than $1 billion annually, and administration and collection costs of tens of millions of dollars each year for several years paid from the new tax revenue.
The League of Women Voters states the same three effects. The act itself directs the Franchise Tax Board to be reimbursed from the Reserve Fund for actual and necessary costs of administering the act, after a start-up loan of up to $50 million that is repaid from taxes collected before any expenditures or appropriations are made.
The measure also sets annual appropriation ceilings from the two new accounts of $22,500,000,000 for health care and $2,500,000,000 for education and food assistance.S1S2S3S4S6S7S14S15S16
Who benefits and who pays
Who benefits
- Health care programs and providers, by the measure's own allocation: 90 percent of the revenue remaining after administrative expenses must go to the Billionaire Tax Health Account, which is for health care funding including restoring or addressing reductions in federal funding or state appropriations, protecting or enhancing Medi-Cal and other health coverage programs for low and moderate income individuals, supporting safety net health care providers serving vulnerable populations, preventing or mitigating facility closures or reductions in service levels, and other investments to support health care access, coverage, benefits, funding, services and payments to providers. The Legislative Analyst states that 90 percent of the money would have to be spent on health care services for the public, and the voter guide summary states that 90 percent of the tax revenues are allocated for health care.S1S2S3S7
- Education and food assistance programs, by the measure's own allocation: 10 percent must go to the Billionaire Tax Education and Food Assistance Account for education related expenditures to restore or address reductions in federal funding or state appropriations or to protect or enhance the kindergarten through grade 14 public education system, and for food assistance expenditures to restore or address reductions in federal funding or state appropriations or further investments in programs including CalFresh, CFAP, CalFood and California's universal meals programs for school meals. The Legislative Analyst states the rest of the money would have to be spent on education, food assistance and administration of the wealth tax.S2S3S7
- Supporters' claims about who gains: the argument in favor says the measure makes approximately 200 California billionaires pay a modest one-time tax on their global wealth to keep local hospitals and emergency rooms open and health care affordable for millions of Californians, that it would raise about $100 billion to replace funding taken from working people, that the funds would go to medical care for seniors, veterans and families, that it would let millions keep their health insurance and avoid premium increases, and that it would prevent teacher layoffs in public schools and keep children fed through food assistance programs. The rebuttal to the argument against adds that the measure is a billionaire tax that cannot be applied to anyone else, that working people already pay more than their fair share, that it will generate $100 billion, and that billionaires pay much lower tax rates than working families. The campaign website states that the measure is a one-time 5 percent tax only on Californians worth more than $1 billion, around 200 people, and that the other 39 million Californians will pay nothing. These are the supporters' claims as printed in the voter guide and on the campaign website.S5S6S18
- Supporters' claims about the scale of the problem the tax would address: the argument in favor says federal legislation slashed funding for health care in California to pay for billionaire tax breaks, eliminating coverage for over a million Californians and doubling health insurance premiums for millions more. The campaign website states that up to 3.4 million Californians will lose access to coverage altogether, that 7 clinics in Los Angeles County have closed, that another 83 hospitals and clinics in California are at risk of closing, and that the measure allows 3.4 million Californians to keep their health insurance. The findings printed in the act state that Medi-Cal faces billions in federal funding cuts and that federal cuts to Medi-Cal alone are projected to total approximately $190 billion over ten years. These are the supporters' claims and the act's findings.S5S7S18
- Organizations and people listed in support: the voter guide summary page lists U.S. Senator Bernie Sanders and SEIU United Healthcare Workers West as supporters, and the quick reference guide lists the same two. The argument in favor is signed by Suzanne Jimenez, chief of staff of SEIU-United Healthcare Workers West, Victoria Barron, a patient access specialist with Planned Parenthood of Pacific Southwest, and Denise Robb, Ph.D., a member of American Federation of Teachers Local 1521, Los Angeles College Faculty Guild. Ballotpedia adds U.S. Representative Ro Khanna, California Superintendent of Public Instruction and gubernatorial candidate Tony Thurmond, gubernatorial candidate Tom Steyer, the California Working Families Party, the Democratic Party of California, the California Democratic Socialists of America, Teamsters California, UNITE HERE Local 11 and UNITE HERE Local 30, the California Federation of Labor Unions AFL-CIO, the California Federation of Teachers, the California Nurses Association, the National Union of Healthcare Workers, AFSCME California, ACLU of Southern California and the California State PTA, and reports the campaign is led by Save California Health Care and Public Education. CalMatters and the Institute of Governmental Studies also list the California Democratic Party, the California Labor Federation and AFSCME California. The campaign website displays the logos of the California Democratic Party, the California Nurses Association, the California Federation of Labor Unions AFL-CIO, Bernie Sanders, Ro Khanna, AFSCME People, SEIU-UHW, the Committee of Interns and Residents, UNITE HERE Local 11, UNITE HERE Local 30, AFT 1521 and Disability Voices United.S4S5S10S14S16S17S18
Who pays
- The taxpayers who owe the tax: the act imposes the one-time excise tax on applicable individuals with net worth of $1 billion or more and on applicable trusts, and it applies to those who were California residents within the meaning of Revenue and Taxation Code Sections 17014 and 17015.5 as of January 1, 2026. The Legislative Analyst states that billionaires who were residents of California on January 1, 2026 would have to pay a one-time state tax equal to 5 percent of their net worth, due in 2027, and that real estate, pensions and retirement accounts generally would be excluded. The Legislative Analyst and the League of Women Voters describe the group as about 200 taxpayers, and the act's findings state that California has around 200 billionaires holding about $2 trillion in wealth. CalMatters reports that the measure applies based on residency as of January 1, 2026, a date that had already passed when the measure qualified for the ballot, so billionaires who left the state afterward would still owe the tax.S2S3S7S11S13S15
- Taxpayers whose net worth is just above the threshold: for an individual other than a trust with net worth below $1.1 billion, the tax rate is reduced by 0.1 percentage point, but not below zero, for each $2 million by which the person's net worth falls below $1.1 billion, so an individual whose net worth is close to $1 billion pays a lower effective rate than one whose net worth is $1.1 billion or more. This is a stated feature of the act rather than a projection.S7S16
- State revenue and the General Fund, in the Legislative Analyst's framing: the analysis states that billionaires may respond to a new wealth tax in ways that reduce their income tax payments, for example by deciding to leave California, that the income taxes they currently pay would also go away, and that these responses probably would reduce state revenues by less than $1 billion per year, which could mean less money for the General Fund, the account that pays for most public services including education, health care and prisons. The act's findings and the opponents' argument put the concern in larger terms: the argument against says a study by Stanford University economists found the tax will cost California $25 billion as it drives companies and wealthy residents out of state, that those residents already pay nearly half the income taxes that fund state programs, and that if they leave it will create a hole in the budget threatening core services or forcing other taxpayers to make up the difference. The campaign website states that the state relies on the top 1 percent for nearly 40 percent of revenue and cites a Hoover Institution estimate that the state will lose $25 billion in income tax revenue over four years. CalMatters reports that researchers at the Hoover Institution estimate that billionaires representing 30 percent of the tax base have publicly said they have left, lowering state revenue estimates by $60 billion. The Legislative Analyst's own estimate of the revenue decrease is less than $1 billion per year; the larger figures are the opponents' claims and third party estimates.S2S3S5S6S11S19
- State budgets for administering the tax, as the analyst frames it: the Legislative Analyst states the state would have costs to determine how much wealth tax is owed and to collect tax payments, that these costs could be tens of millions of dollars per year for several years, and that these costs would be paid from the new wealth tax revenues. The act directs that the Franchise Tax Board receive a start-up loan of up to $50 million for the first year, repaid from taxes collected before any expenditures or appropriations from the Reserve Fund, and annual reimbursement from the Reserve Fund for actual and necessary administrative costs in later years.S2S3S7
- The opponents' framing of who pays: the argument against the measure says the tax is a poorly designed scheme that will damage the economy and cost the state budget billions of dollars without lowering health care costs, that it is a one-time tax providing only temporary funds and that politicians will be back with another tax when the money runs out, that it exempts itself from voter approved constitutional protections for schools and shortchanges classrooms over $3 billion annually, that it exempts itself from the state spending limit including its requirement that excess revenues be returned to taxpayers, and that it includes no safeguards to prevent billions going directly to health insurance companies and their executives. The rebuttal to the argument in favor adds that the measure allows the Legislature to give billions to health insurance companies with no guarantee families see any of it. The opposition campaign website says the measure is really an everyone tax, that the fine print lets politicians expand the tax far beyond billionaires to savings accounts, retirement accounts and other assets, and that every California resident would be required to file a sworn declaration disclosing the value of all their assets. These are the opponents' claims.S5S6S19
- The opponents' point about asset reporting: the act requires every California resident individual required to file a return for the 2026 tax year to either declare that their net assets were worth $1 billion or less as of the valuation date or submit a declaration of the additional tax owed with forms, appraisals or other evidence of fair market value, and an applicable individual who is not required to file a return must submit the same declaration. The opposition campaign describes this as an asset declaration mandate requiring every California resident to file a sworn government declaration listing the value of their personal assets. The declaration requirement applies to residents who file a California income tax return, and the tax itself applies only to those with net worth of $1 billion or more.S7S19
Support and opposition
Supporters
Total raised: $32,213,823
As of: October 6, 2026
Organizations
- Save California Health Care and Public Education, sponsored by SEIU-UHW (the Yes on 40 campaign)
- Service Employees International Union – United Healthcare Workers West (SEIU-UHW)
- U.S. Senator Bernie Sanders
- U.S. Representative Ro Khanna
- Tony Thurmond, California Superintendent of Public Instruction and gubernatorial candidate
- Tom Steyer, gubernatorial candidate
- Democratic Party of California
- California Working Families Party
- California Democratic Socialists of America
- California Federation of Labor Unions, AFL-CIO
- California Labor Federation
- California Federation of Teachers
- California Nurses Association
- National Union of Healthcare Workers
- AFSCME California
- Teamsters California
- UNITE HERE Local 11
- UNITE HERE Local 30
- Committee of Interns and Residents
- AFT 1521 Los Angeles College Faculty Guild
- ACLU of Southern California
- California State PTA
- Disability Voices United
- Indivisible SF
- Inland Empire Democratic Socialists of America
- Sacramento Democratic Socialists of America
- San Diego Democratic Socialists of America
- Silicon Valley Democratic Socialists of America
- Suzanne Jimenez, Chief of Staff, SEIU-United Healthcare Workers West
- Victoria Barron, Patient Access Specialist, Planned Parenthood of Pacific Southwest
- Denise Robb, Ph.D., Member of American Federation of Teachers Local 1521, Los Angeles College Faculty Guild
- Dave Regan, President, SEIU-UHW
- Emmanuel Saez, economist, University of California, Berkeley
- Gabriel Zucman, economist, Paris School of Economics
- McClatchy Media California Editorial Board (media endorsement)
Top funders
- Service Employees International Union, United Healthcare Workers West (Nonprofit 501 (C)(5)) $22,058,461 Labor organization, California; contributor to committee 1484470 as reported on the Fair Political Practices Commission top 10 contributors list for the November 2026 general election
- SEIU United Health Care Workers West Political Issues Committee $7,701,739 Committee, California; contributor to committee 1484470 · Multi-measure committee: the FPPC lists its full amount under every measure it supports or opposes, so this is not money spent only on this measure.
- SEIU United Health Care Workers West Political Action Committee $2,000,000 Committee, California; contributor to committee 1484470 · Multi-measure committee: the FPPC lists its full amount under every measure it supports or opposes, so this is not money spent only on this measure.
- Saikat Chakrabarti $201,000 Individual, California; contributor to committee 1484470
- Ross Boucher $200,000 Individual, California; contributor to committee 1484470
Key arguments
- Supporters say the tax replaces federal health care cuts and keeps care affordable: the argument in favor says federal legislation slashed health care funding in California to pay for billionaire tax breaks, eliminating coverage for over a million Californians and doubling health insurance premiums for millions more, and that the measure makes billionaires pay their fair share and stops the middle class from being stuck with the bill. It says the measure makes approximately 200 California billionaires pay a modest one-time tax on their global wealth to keep local hospitals and emergency rooms open and health care affordable for millions, that it would raise about $100 billion, that the money would go to medical care for seniors, veterans and families, and that it would prevent teacher layoffs and keep children fed. The campaign website states that the measure restores lost funding, stopping cost increases and ensuring Californians can get the care they need. These are the supporters' claims.S5S6S18
- Supporters say billionaires pay a smaller share than working families: the argument in favor says a person pays taxes out of every paycheck while billionaires pay much lower rates, that the measure taxes only Californians worth more than $1 billion, a small group that together holds $2 trillion in wealth, and that much of that wealth will never be taxed because of loopholes favoring the ultra wealthy. The rebuttal to the argument against repeats that the measure is a billionaire tax that cannot be applied to anyone else and that billionaires pay much lower tax rates than working families. The act's findings cite economic research reporting that California billionaires pay 24 percent of their income in taxes at all levels of government while the average taxpayer pays 30 percent, and quote research reporting that from 2019 to 2025 California billionaires' wealth grew an average of over 15 percent per year while they paid on average about 0.26 percent of their wealth annually in state income taxes, with their income tax payments accounting for only 2.4 percent of California's income tax revenue. The campaign website states billionaires pay about 0.2 percent of their wealth in state income tax.S5S6S7S18
- Supporters say the measure funds schools and food assistance as well as health care: the argument in favor says the money would prevent mass teacher layoffs in public schools and keep children fed through food assistance programs, and the act directs 10 percent of the revenue after administrative expenses to education and food assistance, including kindergarten through grade 14 public education, CalFresh, CFAP, CalFood and school meals programs. The campaign website describes funding public schools and food assistance as one of the three ways the measure helps California. These are the supporters' claims and the act's allocation.S5S6S7S18
- Supporters describe the opposition as billionaire funded: the argument in favor says a small group of billionaires is spreading claims about the measure because they want working people to pay for their tax breaks, that Google founder and Trump donor Sergey Brin's wealth has doubled to nearly $300 billion and that he has spent over $57 million to oppose the measure, and that billionaires have funded some politicians and organizational leaders who also oppose it. The campaign website states that billionaires like Sergey Brin and Peter Thiel are spending tens of millions on ads attacking the measure and that the campaign to oppose it is billionaire funded. CalMatters reports that Brin had poured more than $138 million into the campaign against the measure including two countermeasures, and that opponents had raised more than $205 million in total according to campaign finance records. These are the supporters' statements and CalMatters' reporting of the campaign finance figures.S5S6S11S18
- Money reported on the support side: the Secretary of State's 2026 ballot measure contribution totals page reports two committees formed to support the measure, with a combined total of $32,213,823 in reported contributions through 10/06/2026. They are YES ON 40 – BILLIONAIRE TAX NOW – NO ON 41 & 42, SPONSORED BY SERVICE EMPLOYEES INTERNATIONAL UNION – UNITED HEALTHCARE WORKERS WEST (committee ID 1484470) with $31,510,329, and TAX THE ULTRA-RICH NOW, YES ON 3 & 40, NO ON 41 & 42 (committee ID 1495036) with $703,494. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election reports $32,346,200.51 in top aggregated contributions to committee 1484470, listing Service Employees International Union United Healthcare Workers West at $22,058,461.16, SEIU United Health Care Workers West Political Issues Committee at $7,701,739.35, SEIU United Health Care Workers West Political Action Committee at $2,000,000, Saikat Chakrabarti at $201,000, Ross Boucher at $200,000, Hillary Perkins at $100,000, and Alan S. Davis, John O'Farrell and AFSCME Council 57 Issues PAC at $25,000 each, and Nicole Pesco at $10,000. Ballotpedia reports that as of September 19, 2026 the two support committees had reported $32,202,655.53 in total contributions, of which $10,271,198.50 was in kind, and lists SEIU-UHW at $29,055,511.09 as the largest donor, followed by Alan Davis at $250,000 and AFSCME Council 57 Issues PAC at $25,000. The three figures cover different reporting periods and measure different things: the Secretary of State figure is the committees' reported contributions through 10/06/2026, the Commission figure is the total donated by the top contributors that list identifies, and the Ballotpedia figure is total contributions reported through September 19, 2026.S8S9S16
Opponents
Total raised: $99,596,279
As of: October 6, 2026
Organizations
- No on Prop 40 – Doctors, Teachers, Small Businesses, Working Families and Public Safety Against the Reckless Wealth Tax Experiment
- Californians Against Tax Increases, sponsored by the California Business Roundtable – No on 40
- Golden State Promise – No on Prop 40
- Stop the Squeeze – No on Prop 40
- Building a Better California
- California Business Roundtable
- California Taxpayers Association (CalTax)
- California Chamber of Commerce
- California Teachers Association
- California Medical Association
- California Primary Care Association
- Planned Parenthood Affiliates of California
- California School Boards Association
- California Children's Hospital Association
- State Building and Construction Trades Council of California
- California Conference of Carpenters
- California Professional Firefighters
- California State Council of Laborers
- California Police Chiefs Association
- California State Sheriffs' Association
- United Domestic Workers of America
- California Asian Pacific Chamber of Commerce
- California Hispanic Chambers of Commerce
- California Council for Affordable Housing
- California Housing Consortium
- California Dental Association
- California NAACP State Conference
- California YIMBY
- Housing Action Coalition
- Howard Jarvis Taxpayers Association
- Americans for Tax Reform
- CalCPA
- Reform California
- San Francisco Democratic Party
- Governor Gavin Newsom
- U.S. Representative Kevin Kiley
- Xavier Becerra, gubernatorial candidate and former United States Secretary of Health and Human Services
- Steve Hilton, gubernatorial candidate
- State Senator Josh Becker
- State Senator Christopher Cabaldon
- State Senator Henry Stern
- State Senator Tom Umberg
- State Assemblymember David Alvarez
- State Assemblymember Marc Berman
- State Assemblymember Mike Gipson
- State Assemblymember Gregg Hart
- State Assemblymember Corey Jackson
- State Assemblymember Sharon Quirk-Silva
- State Assemblymember Blanca Rubio
- San Francisco Mayor Daniel Lurie
- Former State Representative Ian Charles Calderon
- Former U.S. Representative Katie Porter
- Former Los Angeles Mayor and Assembly Speaker Antonio Villaraigosa
- Sergey Brin, co-founder of Google
- L. John Doerr, III, venture capitalist
- Peter Thiel, co-founder and former chief executive of PayPal
- Ron Conway, venture capitalist
- Reid Hoffman, LinkedIn co-founder
- Chris Larsen, cryptocurrency executive
- Patrick Collison
- Eric Schmidt
- Vinod Khosla
- René Bravo, M.D., President, California Medical Association
- Francisco Silva, Chief Executive Officer, California Primary Care Association
- Dr. Debra Schade, President, California School Boards Association
- April O'Connor, Teacher, California Teachers Association
- Rob Gutierrez, President, California Taxpayers Association
- Chris Hannan, President, State Building and Construction Trades Council of California
- Jodi Hicks, President and Chief Executive Officer, Planned Parenthood Affiliates of California
- Los Angeles Times Editorial Board, The San Diego Union-Tribune and The Orange County Register (media endorsements)
Top funders
- Building a Better California $103,500,000 Committee, California; contributor to committee 1492108, listed with top donors Sergey Brin and L. John Doerr, III · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- Ripple Labs $5,000,000 Company, California; contributor to committee 1486695, Golden State Promise – No on Prop 40 · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- Chris Larsen $5,000,000 Individual, California; contributor to committee 1486695, Golden State Promise – No on Prop 40 · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- California Business Roundtable Issues PAC $450,000 Committee, California; contributor to committee 1486695, listed with top donors Peter Thiel and Kim DeGeorge · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- California Primary Care Association Advocates $100,000 Committee, California; contributor to committee 1492108 · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
Key arguments
- The argument against the measure, signed by René Bravo, M.D., president of the California Medical Association, Francisco Silva, chief executive officer of the California Primary Care Association, and Dr. Debra Schade, president of the California School Boards Association, says the measure is a poorly designed tax scheme that will damage the economy and cost the state budget billions of dollars without doing anything to lower health care costs, that it is a one-time tax providing only temporary funds and that when the money runs out politicians will be back with another tax, that a study by Stanford University economists found the tax will cost California $25 billion as it drives companies and wealthy residents out of state, that those residents create new businesses and already pay nearly half the income taxes that fund state programs, that the measure exempts itself from voter approved constitutional protections for schools and shortchanges classrooms over $3 billion annually, that it exempts itself from the state spending limit including its requirement that excess revenues be returned to taxpayers, and that it includes no safeguards to prevent billions going directly to health insurance companies and their executives. These are the opponents' claims.S5S6
- The rebuttal to the argument in favor, signed by April O'Connor of the California Teachers Association, Rob Gutierrez of the California Taxpayers Association and Chris Hannan of the State Building and Construction Trades Council of California, says the measure will not fill any funding gap and will cost California $25 billion in lost revenue for schools, health care and public safety, that it will not fix health care or lower costs for consumers because it is a blank check that allows the Legislature to give billions to health insurance companies with no guarantees families see any of it, that it shortchanges public schools $3 billion annually by exempting itself from voter approved protections for school funding, that it pushes out the companies and successful residents who drive California's economy and tax base, forcing other taxpayers to make up the difference, and that it contains a provision letting the Legislature expand the tax without a vote of the people. These are the opponents' claims.S5S6
- The opposition campaign's own material: the campaign website describes the measure as really an everyone tax rather than a billionaire tax, saying the fine print lets politicians expand the tax far beyond billionaires to savings accounts, retirement accounts and other assets, that the measure sets new asset disclosure requirements by requiring every California resident to file a sworn declaration disclosing the value of all their assets, that it gives the Legislature power to expand the tax from billionaires to every taxpayer and change what gets taxed, and that it does nothing to stop spending that turned a $100 billion surplus into years of deficits. It also states that California already has the highest income, sales and gas tax rates in the nation, that the state relies on the top 1 percent for nearly 40 percent of revenue, that losing them means bigger deficits and higher taxes for those who remain, and that the measure makes the cost of living worse. The voter guide lists the opponents' campaign contact as Californians to Protect Funding for Schools, Healthcare and Public Safety, and the campaign website is paid for by Californians Against Tax Increases, sponsored by the California Business Roundtable. These are the opponents' claims.S4S5S17S19
- Opponents' claims about retirement accounts: the argument against says the measure would be the first in California history to tax retirement accounts and that if it passes it will inevitably be expanded to tax more Californians' retirement savings, and the campaign website says the measure puts retirement accounts at risk. CalMatters reports that the claim that the tax would let California eat into retirement savings for average Californians is misleading, that the measure exempts pensions and individual retirement accounts even for billionaires, with the most notable exception being Roth IRAs containing more than $10 million, and that there are no active proposals to tax middle class retirement accounts on the ballot or in the Legislature. The act's text exempts qualified pensions and individual retirement arrangements from both taxation and reporting under the measure, except Roth-type accounts above $10 million in aggregate present value. CalMatters also reports that a separate measure on the same ballot, Proposition 42, would broadly ban new taxes on personal property such as investment, retirement and pension accounts.S5S7S11S19
- Nonpartisan summaries of the case against: the Institute of Governmental Studies summarizes the opposition as arguing that the measure could encourage billionaires to leave California, reducing income tax revenue and making state finances more unpredictable, that California already has high taxes and that its budget challenges stem more from spending than insufficient revenue, and that there are concerns about unclear health care funding provisions, long term fiscal consequences, and whether wealth taxation would be better addressed at the federal rather than state level. The League of Women Voters reports the opponents' arguments as: the tax will undermine California's business climate and hurt the state budget by driving tax dollars out of state, it will not be temporary because it tries to solve a permanent problem as federal funding continues to fall short of California's health care spending, and California depends heavily on wealthy taxpayers who are moving away because of over taxation, shrinking the tax base and weakening the economy. CalMatters reports that opponents include Silicon Valley entrepreneurs, business interests and some health and labor organizations, that they say the proposal will backfire by causing billionaires to leave California and decreasing tax revenue in the long run, and that health groups say they were not consulted in designing the measure and that it does not solve the long term fiscal challenges of funding health care.S10S14S15
- The health funding guarantee dispute, as reported: CalMatters reports that the California Medical Association and Planned Parenthood circulated a memo arguing there is no guarantee the money would replace the federal funding cuts, because the proposition also allows the money to offset state cuts to Medi-Cal, and warning that this would let lawmakers and the governor use the new tax money to maintain state funding levels for Medi-Cal and free up the General Fund for other things. CalMatters also reports that lawmakers and governors have in the past used special new funds to replace existing funding, citing mental health funding created by a voter approved tax on millionaires and health funding created by the state tobacco tax, and that doctors and hospitals accused Governor Newsom of using a different health care tax to backfill the General Fund, which led to Proposition 35 on the 2024 ballot. The act states that appropriating money from the Reserve Fund may not be used as justification for reducing, eliminating or failing to increase other state appropriations for health care, education or food assistance, and that the money may not be used to supplant existing state funds for those programs. Supporters told CalMatters that the concern does not make sense because those budget maneuvers are usually done to address state budget shortfalls while the measure was written to create funding for a shortfall.S7S11
- Money reported on the oppose side: the Secretary of State's 2026 ballot measure contribution totals page reports four committees formed to oppose the measure, with a combined total of $99,596,279 in reported contributions through 10/06/2026. They are NO ON PROP 40 – DOCTORS, TEACHERS, SMALL BUSINESSES, WORKING FAMILIES AND PUBLIC SAFETY AGAINST THE RECKLESS WEALTH TAX EXPERIMENT (committee ID 1492108) with $88,721,279; GOLDEN STATE PROMISE – NO ON PROP 40 (committee ID 1486695) with $10,450,000; STOP THE SQUEEZE – NO ON PROP 40 (committee ID 1485007) with $300,000; and CALIFORNIANS AGAINST TAX INCREASES, SPONSORED BY THE CALIFORNIA BUSINESS ROUNDTABLE – NO ON 40 (committee ID 1485228) with $125,000. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election reports two opposing committees for this measure: Golden State Promise (committee ID 1486695) with $10,450,000 in top contributions, listing Ripple Labs at $5,000,000, Chris Larsen at $5,000,000 and California Business Roundtable Issues PAC at $450,000; and No on Prop 40 – Doctors, Teachers, Small Businesses, Working Families and Public Safety Against the Reckless Wealth Tax Experiment (committee ID 1492108) with $103,721,279.44 in top contributions, listing Building a Better California at $103,500,000, California Primary Care Association Advocates at $100,000, California Medical Association at $100,000 and Stop the Squeeze – No on Prop 40 at $21,279.44. Ballotpedia reports that as of September 19, 2026 five committees opposing the measure had reported $101,728,053.58 in total contributions, including Building a Better California, which is not primarily formed for this measure and also contributed to campaigns on Propositions 1, 37, 41, 42 and 45, and lists Sergey Brin at $102,000,000, L. John Doerr, III at $30,000,000, Patrick Collison at $22,000,000, Eric Schmidt at $15,141,313.01 and Vinod Khosla at $12,561,504 as the largest donors. CalMatters reports that Brin had put more than $138 million into the campaign against the measure including the two countermeasures and that opponents had raised more than $205 million in total, and that the billionaire backed group Building a Better California had gathered more than $187 million to try to defeat the measure, counting its spending on Propositions 41 and 42. These figures measure different things and cover different periods.S8S9S11S13S16
How it could affect your household
| Household type | Effect | Explanation | Confidence |
|---|---|---|---|
| Homeowner | Neutral | The measure creates no new tax, fee or assessment on homeowners. The tax applies only to individuals with net worth of $1 billion or more, and interests in real property held directly by a taxpayer or through a revocable trust are excluded from the net worth that is taxed, so home value is not part of the tax base. The measure does not change property tax rules or the rules for assessing homes. A homeowner whose net worth is below $1 billion owes nothing under this measure and would see no change in what their household pays. The measure's costs are state costs to administer the tax, which the Legislative Analyst estimates at tens of millions of dollars per year for several years and says would be paid from the new wealth tax revenues, and the analysis also identifies a possible ongoing decrease of less than $1 billion per year in state income tax revenue from billionaires, which could mean less money for the General Fund. Any effect on a homeowner through the state budget is indirect.S1S2S3S7 | High confidence |
| Renter | Neutral | The measure imposes no tax, fee or rent rule on renters and does not change housing programs. The tax applies only to individuals with net worth of $1 billion or more and to certain trusts, and directly held real property is excluded from the taxed net worth, so a renter's household owes nothing under this measure. Ten percent of the revenue after administrative expenses must be spent on education and food assistance programs including CalFresh, CFAP, CalFood and school meals, and 90 percent on health care, which are programs a renter household may use, but the Legislative Analyst states the state would decide how and when to spend the money and the allocation depends on future legislative decisions. The analysis also identifies a possible ongoing decrease of less than $1 billion per year in state income tax revenue from billionaires that could mean less money for the General Fund, which is an indirect effect on state services.S2S3S7 | High confidence |
| W-2 earner ($100k to $250k) | Neutral | The measure adds no tax on wages, salary or income and creates no new bracket or surcharge, so this household's state tax bill does not change because of it. The tax is an excise tax on the wealth of individuals with net worth of $1 billion or more, measured as of December 31, 2026, and the act's findings describe the taxpayers as about 200 California billionaires. The act does require every California resident individual required to file a return for the 2026 tax year to declare whether their net assets exceeded $1 billion, which is a reporting step rather than a tax for households far below that threshold. The measure's fiscal effects run through state revenue: the Legislative Analyst estimates tens of billions of dollars in temporary revenue, a possible ongoing decrease of less than $1 billion per year in income tax revenue from billionaires, and administrative costs paid from the new revenues.S2S3S7 | High confidence |
| High earner (over $1M) | Neutral | The measure does not raise the personal income tax, add a bracket, or change the tax treatment of investment or business income, and it applies only to individuals with net worth of $1 billion or more, so a taxpayer at this income level is not directly taxed by it unless their net worth exceeds the threshold. Two features of the measure would apply to a taxpayer who did reach the threshold: interests in business entities would be valued under a presumption of book value plus a multiple of average book profits unless a certified appraisal shows that would substantially misstate value, and Roth-type retirement accounts above $10 million in aggregate present value would be counted, while qualified pensions and individual retirement arrangements are otherwise exempt. The act also allows a credit for taxes paid to another state on net wealth also taxed under the measure, prorated by days of residency in that state. The Legislative Analyst identifies a possible ongoing decrease of less than $1 billion per year in state income tax revenue from billionaires, which is a state budget effect rather than a direct charge on this household.S2S3S7S16 | High confidence |
| Small business owner | Neutral | The measure imposes no tax, fee, filing or reporting requirement on businesses as such, and it does not change employment, licensing or tax rules. The tax applies to individuals with net worth of $1 billion or more and to certain trusts, not to business entities generally, and the Legislative Analyst describes the taxpayers as billionaires. Where an owner of a business did reach the threshold, the value of interests in business entities would be included in net worth under a presumption of book value plus 7.5 times average annual book profits multiplied by the ownership percentage, with a certified appraisal allowed in place of the presumption on clear and convincing evidence, and debts of partnerships, limited liability companies and other business entities would not reduce the taxpayer's net worth except to the extent the taxpayer is personally liable. The act also gives the Franchise Tax Board authority to allocate assets and liabilities among commonly controlled entities and to disregard transactions lacking economic substance. The measure's costs fall on the state rather than on businesses, and the analysis identifies a possible ongoing decrease of less than $1 billion per year in state income tax revenue that could affect the General Fund.S2S3S7S16 | Medium confidence |
| Retiree | Neutral | The measure creates no tax on retirement income, Social Security, pensions or individual retirement accounts for households below the wealth threshold, and it applies only to individuals with net worth of $1 billion or more. The act exempts qualified pensions and individual retirement arrangements from both taxation and reporting under the measure, except that Roth-type accounts above $10 million in aggregate present value are counted, so a retiree who is not a billionaire owes nothing under this measure. Ninety percent of the revenue after administrative expenses must go to health care, which could support Medi-Cal and other coverage programs, but the Legislative Analyst states the state would decide how and when to spend the money and the Legislative Analyst's fiscal estimate is a temporary revenue increase with a possible ongoing decrease of less than $1 billion per year in income tax revenue from billionaires, so any benefit to a retiree through health programs depends on future decisions and is indirect. Opponents argue the measure would be the first in California history to tax retirement accounts, and CalMatters reports that claim is misleading because pensions and individual retirement accounts are exempt even for billionaires.S2S3S5S7S11 | Medium confidence |
| Local government services user | Mixed | The measure's fiscal effects are on the state rather than on local government budgets: the Legislative Analyst's estimate of net state and local government fiscal impact is a temporary state revenue increase of tens of billions of dollars over several years, a possible ongoing decrease of less than $1 billion per year in state income tax revenue from billionaires, and state costs of tens of millions of dollars per year for several years to administer the tax, paid from the new revenues. In the direction of more services, 90 percent of the revenue must go to health care, including restoring or addressing reductions in federal funding or state appropriations, protecting Medi-Cal and other coverage for low and moderate income individuals, and supporting safety net providers, and 10 percent must go to kindergarten through grade 14 education and food assistance programs including CalFresh, CFAP, CalFood and school meals. In the other direction, the money goes into a special fund that the act keeps separate from the General Fund, and the act provides that the revenue is not proceeds of taxes for the state spending limit and is not counted toward the Proposition 98 minimum funding guarantee for schools and community colleges, which changes how this revenue is counted in the state budget compared with general tax revenue. The possible reduction in income tax revenue would reduce the General Fund that pays for most public services.S1S2S3S4S7S15 | Medium confidence |
Tradeoffs
- Temporary money for an ongoing problem: supporters say the measure would raise about $100 billion to replace federal health care cuts and protect services without raising taxes on the middle class, small businesses or homeowners, and the act's findings say California billionaires' wealth would only modestly slow and that even after paying the tax they will continue to amass ever rising fortunes. The argument against says the measure is a one-time tax that provides only temporary funds and that when the money runs out politicians will be back with another tax, and the League of Women Voters reports opponents saying it will not be temporary because it tries to solve a problem that is permanent as federal funding continues to fall short of the state's health care spending. The Legislative Analyst's own estimate is a temporary revenue increase spread over several years, which is the point both sides are arguing about.S2S3S5S6S7S15
- Dedicated revenue against a guarantee that it replaces cuts: 90 percent of the revenue must go to health care, and the act states that appropriating Reserve Fund money may not justify reducing, eliminating or failing to increase other state appropriations for health care, education or food assistance and that the money may not supplant existing state funds. The California Medical Association and Planned Parenthood circulated a memo reported by CalMatters arguing there is no guarantee the money would replace the federal funding cuts because the proposition also allows the money to offset state cuts to Medi-Cal, which they say would let lawmakers use the new money to hold state funding levels and free up the General Fund for other things. CalMatters reports that similar special funds have been used to replace existing funding in the past, and that supporters say the concern does not make sense because the measure was written to create funding for a shortfall rather than to close one.S7S11
- Exempting the revenue from the school funding guarantee and the spending limit: the act provides that Reserve Fund revenue is not General Fund revenue or proceeds of taxes for the state spending limit, that appropriations of it are excluded from the appropriations subject to limitation, and that it does not count toward the Proposition 98 minimum funding guarantee for schools and community colleges. Supporters present this as letting the money be spent without unnecessary delay. The argument against says the measure exempts itself from voter approved constitutional protections for schools and shortchanges public schools $3 billion annually, and that it exempts itself from the state spending limit including its requirement that excess revenues be returned to taxpayers. The voter guide summary and the Legislative Analyst both state the measure exempts the revenue from the constitutional requirements for school funding, budget reserves and the state spending limit, so the exemption itself is not in dispute; what is disputed is how much money schools and taxpayers lose as a result.S1S2S3S4S5S6S7
- Taxing wealth that has not been sold against the difficulty of valuing it: the act taxes a 5 percent share of net worth measured as of December 31, 2026, including publicly traded securities at market value, business interests, art, collectibles, intellectual property, vehicles and non-publicly traded financial instruments, and it excludes directly held real property and qualified pensions and retirement arrangements. CalMatters reports that the state is not in the business of valuing and taxing personal property, that the measure would require the state within six months to create a way to assess a wide range of holdings, that a UCLA tax law professor said the definition of wealth has to be broad to close workarounds, that a former Franchise Tax Board attorney said the board has no way of knowing anyone's net wealth, and that a USC tax policy professor said stocks are easily valued and the state could look to the federal estate tax for art and jewelry. The act addresses valuation with presumptions, certified appraisals, minimum valuation floors and anti-avoidance rules, and the Legislative Analyst states exactly when and how much the state would collect is very hard to predict.S2S3S7S11
- Retroactive application against tax flight and legal challenge: the tax applies to individuals who were California residents on January 1, 2026, which had already passed when the measure qualified for the ballot, so people who left the state afterward would still owe it. CalMatters reports that a San Francisco tax attorney expects clients to sue over the measure's retroactive nature, citing 1920s U.S. Supreme Court decisions on the federal estate and gift taxes and a 1994 decision that retroactive taxes can be constitutional in limited circumstances, and that he called the argument reasonable but said taking advantage of it would require leaving the state. CalMatters also reports that Hoover Institution researchers estimate billionaires representing 30 percent of the tax base have publicly said they have left, lowering state revenue estimates by $60 billion, while the Legislative Analyst estimates the revenue decrease at less than $1 billion per year. The act provides for an expedited validation action in Sacramento County Superior Court with direct appeal to the California Supreme Court.S2S3S7S11S13
- Legislative power to amend against voter control: the act lets the Legislature amend it by a two thirds roll call vote if the change is consistent with and furthers its purposes. The argument against and the opposition campaign say this gives politicians power to expand the tax beyond billionaires to savings, retirement accounts and home equity. CalMatters reports that the claim is only partially true: the state Constitution permits legislative amendment of an initiative when the initiative allows it, courts have upheld amendments that further voters' goals by any reasonable construction, an election law attorney said lawmakers probably could adjust the structure of the tax in marginal ways but probably could not make it more than a one-time tax or lower the wealth threshold, and because the tax is written into the Constitution, expanding it would likely require another trip to the ballot. The act's purpose and intent section references a one-time tax on billionaire wealth three times, and the voter guide arguments target approximately 200 California billionaires.S5S6S7S12S19
- A majority yes vote might not be enough: the Legislative Analyst states that if Proposition 41 or 42 receives more yes votes than Proposition 40, Proposition 40 could be stopped from becoming law even if it gets yes votes from a majority of voters, because the courts could find that Proposition 41 or 42 conflicts with Proposition 40. Proposition 40's own conflicts section says it prevails in its entirety if it receives more affirmative votes than a conflicting measure on the same ballot, and Propositions 41 and 42 contain competing measure provisions pointing the other way. CalMatters reports that if Proposition 40 captures more votes than both 41 and 42 the wealth tax takes effect and voids the countermeasures, and that if either 41 or 42 out polls Proposition 40 the billionaire tax does not take effect. CalMatters also reports that polling shows slim majorities of likely voters supporting all three measures and that the polling director of the Public Policy Institute of California said he does not think people realize yet that 41 and 42 are direct countermeasures.S3S7S10S13S16
- Money on both sides, as reported by sources that measure different things: the Secretary of State's compiled totals through 10/06/2026 report $32,213,823 in contributions to the two committees formed to support the measure and $99,596,279 to the four committees formed to oppose it. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election reports $32,346,200.51 in top aggregated contributions in support and, across the two opposing committees it lists, $114,171,279.44 in top aggregated contributions in opposition. Ballotpedia reports $32,202,655.53 in total support contributions and $101,728,053.58 in total opposition contributions through September 19, 2026, counting five opposition committees including Building a Better California, which also contributed to campaigns on other measures. CalMatters reported that the opposition had raised more than $205 million and that Sergey Brin had spent more than $138 million counting his spending on Propositions 41 and 42. The largest reported donors are SEIU-UHW at $22,058,461.16 in support and, in opposition, Building a Better California at $103,500,000, Sergey Brin at $102,000,000 and L. John Doerr, III at $30,000,000.S8S9S11S13S16
- What the vote decides and what it leaves open: the measure fixes the 5 percent one-time tax and the residency date, the exclusion of directly held real property and qualified pensions and retirement arrangements, the 90/10 split of revenue, the annual appropriation ceilings of $22.5 billion and $2.5 billion, the treatment of the Reserve Fund as separate from the General Fund and outside the spending limit and the school funding guarantee, the two thirds legislative amendment power, and the expedited review process. It leaves to the Legislature the annual appropriation decisions from the two accounts, the implementing statutes and the Franchise Tax Board's regulations, the design of the forms and the appraisal process, and the Board's determinations about which receivables and similar assets are taxable. The Legislative Analyst states that the state would decide how and when to spend the money from the wealth tax as long as it is spent on the required types of services, and that the exact amount collected is very hard to predict.S2S3S7
- Polling, reported as polling: Ballotpedia's table of 2026 polls on the measure records a Public Policy Institute of California poll of 1,103 likely voters conducted September 4 to 10, 2026 with support at 52 percent, opposition at 46 percent and 2 percent undecided; a Survey USA poll of 742 likely voters conducted September 15 to 20, 2026 with support at 48 percent, opposition at 40 percent and 12 percent undecided; a Politico poll of 1,983 likely voters conducted September 8 to 14, 2026 with support at 45 percent, opposition at 43 percent and 12 percent undecided; and a UC Berkeley Institute of Governmental Studies poll of 2,310 likely voters conducted August 3 to 9, 2026 with support at 48 percent, opposition at 41 percent and 11 percent undecided. CalMatters reports that recent polling shows slim majorities of likely voters support Proposition 40 and also Propositions 41 and 42. These are reported poll results, not predictions of the outcome.S13S16
Sources
- Proposition 40 Official Title and Summary (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Proposition 40 Analysis by the Legislative Analyst (Official Voter Information Guide, November 3, 2026) California Secretary of State and Legislative Analyst's Office Accessed 2026-10-17
- Proposition 40 [Ballot], Propositions on the November 3, 2026 Ballot Legislative Analyst's Office Accessed 2026-10-17
- Proposition 40 summary page (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Proposition 40 Arguments and Rebuttals (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Proposition 40 print version, Official Voter Information Guide (title and summary, analysis by the Legislative Analyst, argument in favor, rebuttal, argument against, rebuttal) California Secretary of State Accessed 2026-10-17
- Proposition 40 Text of Proposed Laws, Official Voter Information Guide (new Section 37 added to Article XIII of the California Constitution, and the 2026 Billionaire Tax Act added to the Government Code and the Revenue and Taxation Code) California Secretary of State Accessed 2026-10-17
- Proposition 40 – Imposes One-Time Tax on Certain Individuals and Trusts. Initiative Constitutional Amendment and Statute., 2026 Ballot Measure Contribution Totals California Secretary of State (Cal-Access) Accessed 2026-10-17
- Top 10 Contributors List, November 2026 General Election California Fair Political Practices Commission Accessed 2026-10-17
- CalMatters California Voter Guide 2026: Proposition 40, Apply one-time tax to billionaires to fund healthcare and education CalMatters Accessed 2026-10-17
- Billionaire tax explained: What you need to know about Prop. 40 (Jeanne Kuang and Kristen Hwang, October 1, 2026) CalMatters Accessed 2026-10-17
- Fact check: Could California lawmakers expand the billionaire tax to everyone? (Kristen Hwang, October 2, 2026) CalMatters Accessed 2026-10-17
- The billionaire tax could be defeated by two other tax measures. Here's how (Kristen Hwang, published September 24, 2026, updated September 28, 2026) CalMatters Accessed 2026-10-17
- Proposition 40: One-Time Wealth Tax, California Ballot Proposition Guides, November 3, 2026 General Election Institute of Governmental Studies, University of California, Berkeley Accessed 2026-10-17
- Prop 40 (2026), The 2026 Billionaire Tax Act, CaVotes ballot measure guide League of Women Voters of California Education Fund Accessed 2026-10-17
- California Proposition 40, One-Time Wealth Tax for State-Funded Healthcare, Education, and Food Assistance Programs Initiative (2026) Ballotpedia Accessed 2026-10-17
- Quick Reference Guide – Proposition 40 (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Yes on 40, campaign website of the committee supporting the measure Yes on 40 – Billionaire Tax Now, sponsored by Service Employees International Union – United Healthcare Workers West Accessed 2026-10-17
- Californians Against Tax Increases, Sponsored by the California Business Roundtable – No on 40, campaign website of the committee opposing the measure Californians Against Tax Increases, Sponsored by the California Business Roundtable – No on 40 Accessed 2026-10-17