SAVE LIVES. TAX BILLIONAIRES.

How Billionaires Can Pay Without Paying Everything at Once

Prop 40 gives covered taxpayers, i.e., billionaires, a choice: pay the tax with the 2026 return or use the standard five-year installment option. It also provides a separate deferral mechanism for qualifying circumstances. [1]

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Yes on 40Evidence checked September 10, 2026Campaign/legal review draft

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The facts at a glance

Five annual installments are an option, not five separate annual wealth taxes. [1]

Later unpaid balances carry a 7.5% annual nondeductible deferral charge. [1]

Qualifying deferral arrangements carry conditions and reporting duties. [1]

Start with the amount owed—not the form of every asset

The proposal taxes covered net worth, subject to its exclusions, debts, and rate rules. A taxpayer’s holdings may include public shares, private businesses, and other assets. The full rate is 5% with the rate phasing in between $1 billion and $1.1 billion of net wealth. [1]

The tax is not a direction to sell an entire company or turn over all wealth to the state. A payment obligation and the ownership of an asset are different things. The statute supplies options for how a covered person can satisfy that obligation. [1]

The five-year option spreads principal payments

Under section 50301(c), a taxpayer may pay annually in five equal installments beginning in the year the tax is due. Each subsequent installment also carries an annual nondeductible charge of 7.5% on the remaining unpaid balance. It is therefore a payment schedule—not an interest-free exemption. [1]

For an illustration, suppose a taxpayer has $2 billion of covered net worth and is subject to the full 5% rate with no other adjustments. The principal tax would be $100 million. Five equal principal installments would be $20 million each, with the statutory charges added as applicable. [1]

A separate option addresses qualifying illiquid holdings

Section 50304 establishes an optional deferral account for qualifying individuals whose tax liability exceeds the specified publicly traded assets. The arrangement attaches to identified assets under an agreement with the Franchise Tax Board and includes reporting and future payment rules. [1]

This option is not a general promise that taxpayers can postpone payment indefinitely without cost. Eligibility, the attached assets and the agreement’s terms matter. Its purpose is to provide a collection mechanism where ordinary liquid holdings may not cover the obligation. [1]

The value is not just a taxpayer’s guess

Publicly traded assets generally use market value on the valuation date. Nonpublic business interests follow additional rules, with an appraisal route for rebutting specified presumptions. Other covered assets can also require certified appraisals under the statute. [1]

The Franchise Tax Board is assigned examination and enforcement duties. Existing income-tax administration, collection and appeal procedures apply to the extent consistent with this part, alongside the measure’s additional provisions. [1]

Administration and public spending are separate

The measure allows a start-up loan of up to $50 million for actual and necessary administrative costs in the first year following passage. That is a start-up authorization, not a promise that all future administration costs are capped at $50 million. Administrative costs are accounted for before the 90/10 allocation. [1]

Once allocated, the healthcare account can support coverage and providers and help prevent closures and service cuts. The payment arrangements are part of collecting revenue for those purposes, not a reason to lose sight of why the funding matters. [1]

A few more answers

Must every billionaire pay the entire bill immediately?

No. The standard five-installment option is in the statute. Qualifying taxpayers may also use the separate optional-deferral mechanism. [1]

Does deferred mean forgiven?

No. The deferral provisions create payment and reporting arrangements; they do not cancel the covered obligation. [1]

The people and institutions behind the evidence

Measure drafter and legal-analysis author

Brian Galle

The July 2026 explanatory report identifies Brian Galle with UC Berkeley. A measure drafter and coauthor of the legal analysis, he also explains the proposal in a Berkeley Law interview. [2] [3] [4]

Measure drafter and legal-analysis author

David Gamage

The July 2026 explanatory report identifies David Gamage with the University of Missouri. He is a measure drafter and coauthor of the legal and valuation analyses. [2] [3] [5]

Working-paper author and disclosed unpaid design/scoring adviser

Emmanuel Saez

The July 2026 explanatory report identifies Emmanuel Saez with UC Berkeley. He coauthored the revenue paper and discloses unpaid design/scoring advice. [2] [6]

Measure drafter and legal-analysis author

Darien Shanske

The July 2026 explanatory report identifies Darien Shanske with UC Davis. He is a measure drafter and coauthor of the legal and valuation analyses. [2] [3] [5]

Tax administration and residency guidance; not a campaign endorser

California Franchise Tax Board

The measure assigns collection and examination duties to the FTB. Its residency guidance explains existing concepts. [1] [7]

Read the relevant source →

Keep reading

CHECK THE EVIDENCE

Sources behind this page

Each reference identifies what it establishes. A cited agency or researcher is not automatically a campaign endorser.

01Proposition 40: text of proposed laws

California Secretary of State · 2026 voter guide · Proposed law

The actual proposed rules on taxpayer eligibility, valuation, payments, spending, and reporting. Tax payments begin in 2027; audit authority and special trust rules remain. Section 50310 governs possible amendments.

Where to look: Gov. Code §16355, PDF pp. 4–5; Rev. & Tax. Code §§50301, 50303–50304, 50308–50312, PDF pp. 5–13.

https://vig.cdn.sos.ca.gov/2026/general/pdf/prop40-text-proposed-laws.pdf

02The California Billionaire Tax: an expert report

Brian Galle, David Gamage, Emmanuel Saez, and Darien Shanske · Updated July 20, 2026 · Proponent expert report

The proposal’s drafters explain its funding estimates, payment installments, and qualifying deferral arrangements.

Where to look:

https://eml.berkeley.edu/~saez/galle-gamage-saez-shanskeCAbillionairetaxJuly26.pdf

04Professor Brian Galle on “How to Tax the Ultrarich”

Berkeley Law Voices Carry; host Gwyneth Shaw · February 17, 2026 · Interview with full transcript

A Berkeley Law interview with a full transcript about taxing the ultrarich. Galle distinguishes federal reform from the California proposal he helped draft.

Where to look:

https://www.law.berkeley.edu/podcast-episode/professor-brian-galle-how-to-tax-the-ultrarich-voices-carry/

06California Billionaires: Wealth, Taxes, and Wealth Tax Revenue Estimates

Jasper Boll, Emmanuel Saez, and Gabriel Zucman · 2026 working paper; author-hosted version checked September 10, 2026 · Working paper

Working-paper estimate, not observed collections or an institutional NBER endorsement. Saez discloses unpaid design/scoring advice. The downloaded version has differing cover/abstract revision labels; no single revision date is asserted.

Where to look: Abstract and disclosure, PDF pp. 1–2.

https://eml.berkeley.edu/~saez/BSZ26CAbillionaires.pdf

07Residency status: California tax guidance

California Franchise Tax Board · Undated; checked September 10, 2026 · Official tax guidance

Distinguishes residence, domicile, and temporary or transitory absence. No individual taxpayer status is determined here.

Where to look: Resident and nonresident definitions

https://www.ftb.ca.gov/file/personal/residency-status/index.html

About this page. Published as a review draft by the Yes on 40 campaign, which advocates passage of the measure. Sources were checked on September 10, 2026. Research estimates, proposed legal provisions and endorsements are identified separately. This page is not individual tax or legal advice. Send corrections with the relevant source to the campaign’s press contact.

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