Summary. April 14, 2009

Similar documents
SUMMARY. September 19, Documentary Stamp Tax Note and Mortgage Modification/Restructuring Alternatives Sections , , F.S.

SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

SUMMARY QUESTION: ARE CLUB MEMBERSHIP FEES, PAID TO THE TAXPAYER, SUBJECT TO SALES AND USE TAX ON ADMISSIONS?

The Renewal Note provides on page 7 that:

SUMMARY. July 24, 2006

HOUSE OF REPRESENTATIVES COMMITTEE ON JUDICIAL OVERSIGHT ANALYSIS

August 30, Issue. Whether Taxpayer is a real property improvement contractor for purposes of Rule 12A-1.051, F.A.C.? Facts

TP-584-I. Instructions for Form TP-584. Summary of September 2003 Changes. Who must file. When and where to file. Instructions for Schedule A

TRANSMITTAL MEMORANDUM DEPARTMENT OF REVENUE RULES. This transmittal memorandum contains changes to Department of Revenue Rules.

S 2613 S T A T E O F R H O D E I S L A N D

This chapter shall be known and may be cited as the "Unit Property Act." (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.)

REAL PROPERTY TRANSFER TAX DECLARATION

Supreme Court of Florida

Deed Recording Fee SOUTH CAROLINA DEPARTMENT OF REVENUE OFFICE OF GENERAL COUNSEL / POLICY SECTION

INTRODUCTION TO DOCUMENTS. FOR CALIFORNIA

AN ACT RELATIVE TO THE ESTATE OF HOMESTEAD. (see Senate, No ) Approved by the Governor, December 16, 2010

12B Taxable Documents. (1) Signature Required: Tax is on Promise to Pay and each renewal thereof and to be note or obligation it must be signed

3- Should the Taxpayer charge sales or use tax on charges for the installation and/or repair of signs and awnings?

Senate Bill No. 88 Committee on Judiciary

Chapter 5: Forms of Real Estate Ownership

MID-MISSOURI ENERGY, LLC UNIT TRANSFER AGREEMENT AND APPLICATION FORM. (November 2010 Form)

LOUISIANA HOUSING CORPORATION QUALIFIED CONTRACT PROCESSING GUIDELINES

CHAPTER Senate Bill No. 4-D

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 229

*Charter references: Power of city to impose and collect tax on transfer of real property, subpart A,

How a Lady Bird Deed Works. General Warranty Deeds. Special Warranty Deeds. The Difference Can Be Critical

CHAPTER Committee Substitute for Senate Bill No. 818

Instructions for Form NYC-RPT Real Property Transfer Tax Return

DELAWARE CODE TITLE 25. Property. Mortgages and Other Liens CHAPTER 22. UNIT PROPERTIES

RESOLUTION NUMBER 3968

CHAPTER Committee Substitute for Senate Bill No. 314

P.L. 2004, CHAPTER 66, approved June 30, 2004 Assembly, No. 3115

HOMESTEAD. David Weisman

QUESTION: Whether Taxpayer s sales are retail sales of tangible personal property?

Maine Revised Statutes. Title 33: PROPERTY. Chapter 12: SHORT FORM DEEDS ACT

RESOLUTION NUMBER 3970

RATE AND METHOD OF APPORTIONMENT FOR CASITAS MUNICIPAL WATER DISTRICT COMMUNITY FACILITIES DISTRICT NO (OJAI)

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:

RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 3 (SEABRIDGE AT MANDALAY BAY) OF THE CITY OF OXNARD

MacKenzie Realty Capital, Inc.

Mississippi Condo Statutes

IN THE SUPREME COURT OF FLORIDA. Petitioner, ) ) Case No. SC v. ) ) Lower Tribunal No. 3D STATE OF FLORIDA, DEPARTMENT ) OF REVENUE, )

ALTA SHORT FORM COMMITMENT FOR TITLE INSURANCE

LexisNexis Montana Code Annotated > Title 70 Property > Chapter 23 Unit Ownership Act Condominiums. Chapter 23 Unit Ownership Act Condominiums

Idaho Condo Statutes

TANGIBLE PERSONAL PROPERTY TAXATION

TRANSMITTAL MEMORANDUM PROPERTY TAX OVERSIGHT RULES

REPORT OF SPECIAL TAX LEVY FOR THE CITY OF LAKE ELSINORE. CITY OF LAKE ELSINORE CFD (Rosetta Canyon Public Improvements) Fiscal Year

Installment Sales. Installment Method under Section 453 Allows for a gain on sale as well as the accompanying tax liability to be deferred

DOCUMENTARY STAMP TAX COMBINED SUBJECT INDEX TO STATUTES & RULES. FLORIDA STATUTE CHAPTERS 201, 608, 620, 689 RULE 12B-4, F.A.C. Revised Oct.

SPECIAL WARRANTY DEED. THIS DEED, made this day of, 2005, between

Chapter 4 Questions: Interests in Real Estate

CHAPTER Committee Substitute for House Bill No. 1243

Homeland Energy Solutions, LLC. Unit Transfer Application

NC General Statutes - Chapter 32 Article 3 1

STANDARD MATRIMONIAL INTERROGATORIES PURSUANT TO ILLINOIS SUPREME COURT RULE 213

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 1, 2018

A Bill Regular Session, 2005 HOUSE BILL 1137

Undivided Fractional Interest In Rental Real Property

Sec. 1. This article applies to property if: (1) the sole owner of the property; or (2) all of the owners of the property;

CHAPTER 514C, HAWAII REVISED STATUTES LEASE TO FEE CONVERSIONS FOR CONDOMINIUMS AND COOPERATIVE HOUSING CORPORATIONS

UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT. Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. and by it

ANZVGN 7 THE VALUATION OF PARTIAL INTERESTS IN PROPERTY HELD WITHIN CO-OWNERSHIP STRUCTURES

FYI For Your Information

North Dakota Condo Laws. 1. "Common areas" means the entire project excepting all units therein granted or reserved.

TABLE OF CONTENTS I. OVERVIEW... 1

Administration Report Fiscal Year 2016/2017. Hesperia Unified School District Community Facilities District No June 20, 2016.

CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION

28.24(15)(a) Fla. Stat. Larger than 81/2' x 14": 28.24(5)(b) Fla. Stat Microfilm (Per Book) 28.24(6)(a) Fla. Stat CD (Per Book & Index).

Rev. Rul ISSUE(S)

ORDINANCE NUMBER 1154

Instructions for Form NYC-RPT Real Property Transfer Tax Return

Internal Revenue Service Revenue Procedure

THE LIKE KIND EXCHANGE: A CURRENT REVIEW TABLE OF CONTENTS I. OVERVIEW... 1

As Introduced. 132nd General Assembly Regular Session H. B. No

IDAHO TITLE 55 PROPERTY IN GENERAL CHAPTER 15 CONDOMINIUM PROPERTY ACT

REAL PROPERTY TRANSFER TAX DECLARATION INSTRUCTIONS

PROPERTY MANAGEMENT AASHTO MINNEAPOLIS, MINNESOTA

Common Interest Ownership Act Key Points

Compass Exchange Advisors LLC

Community Facilities District Report. Jurupa Unified School District Community Facilities District No. 13. September 14, 2015

DEED OF TRUST (For use in the State of Washington only)

DEED OF TRUST (For use in the State of Washington only)

Change of Ownership/ Application for Transfer Form

WARRANTY DEED INFORMATION PACKET

PART 1 Withholding Tax on the Sale of Real Property by Nonresidents

NC General Statutes - Chapter 47A 1

(3) 30 percent of the qualified fuel cell property expenditures made by the taxpayer during such year,

Whatʼs inside? What is the Tax Rate? Form NYC-RPT (Real Property Transfer Tax Return). Pages Who is exempt from the transfer tax?

RESOLUTION NUMBER 3992

Chapter 11: Conservation Easements

Duties Amendment (Land Rich) Act 2004 No 96

STAMP DUTIES (LAND RICH ENTITIES AND REDEMPTION) AMENDMENT ACT No. 80 of 2000

RULES AND REGULATIONS FOR ADMINISTRATION OF AREA DRAINAGE PLANS

CHAPTER Committee Substitute for House Bill No. 7097

DECLARATION OF BY-LAWS AND RESTRICTIVE COVENANTS BINDING SEVEN BAYS ESTATES UNLIMITED HOMEOWNERS AND HOMEOWNERS ASSOCIATION

SENATE BILL lr3298 CF HB 78 A BILL ENTITLED. Condominiums and Homeowners Associations Payments Under Protest

August 9, Taxation--Mortgage Registration--Instruments Subject Thereto and Exemptions Therefrom

House Joint Resolution 1

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 1, 2018

Transcription:

Summary Husband and wife jointly own a condominium which they wish to convey to their joint trust. The condo is encumbered by a mortgage. Under s. 201.02, F.S., if a mortgage encumbers real property that is owned by two persons, in this case husband and wife, only minimum documentary stamp tax is due on recordation because there is no conveyance. The husband and wife owned it as individuals and they still own the property once it is in their joint trust. Where only one of two parties has title to mortgaged property which is being conveyed to a trust for the both of these parties, documentary stamp tax is due on the 50% interest being transferred from the person now in title to the second person who is the second beneficiary of the trust. Therefore, 50% of the total outstanding principal mortgage balances existing on the property on the date of the assessed deed is the basis for the tax. April 14, 2009 XXX Re: Technical Assistance Advisement No. 09B4-003 Documentary Stamp Tax on Conveyances from Owners to a Trust Where Husband and Wife are Beneficiaries for Their Lifetimes Sections 201.02, F.S. Rules 12B-4.013 (9), (22), (28), (29)(a)(b), F. A.C. XXX XXX: This is in response to your request for a technical assistance advisement asking for an opinion on whether a conveyance from the husband or from the husband and wife to a trust of the husband and wife are subject to documentary stamp tax and how to calculate the tax. FACTS AS PRESENTED BY PETITIONER

Page 2 Three mortgages encumber part or all of the seven condominium units involved in this technical assistance advisement. Mortgage #1 encumbers units #1 through #6. Mortgage #2, a line of credit, also encumbers units # 1 through #6 and unit #7. Mortgage #3 encumbers only unit #7. These seven condominium units in XXX are owned by Husband and/or Wife. They wish to convey these condominiums to a trust for the benefit of Husband and Wife. Units #1 through #6 of the condominium units are owned in the name of Husband. Mortgage #1 and Mortgage #2, the line of credit, encumbers units #1 through #6. Unit #7 is owned jointly in the name of Husband and Wife. This unit is encumbered by a separate first mortgage (Mortgage #3) and also the same line of credit mortgage (Mortgage #2) which also covers units #1 through #6. REQUESTED RULING You request the Department s determination as to how to calculate the documentary stamp tax on the deeds conveying these seven condominium units to a trust where the Husband and Wife are the beneficiaries. LAW AND DISCUSSION Under s. 201.02, F.S., the basis for computing the amount of documentary stamp tax due on conveyances of real property is termed consideration: 201.02 Tax on deeds and other instruments relating to real property or interests in real property. (1) On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by his or her direction, on each $100 of the consideration therefor the tax shall be 70 cents. When the full amount of the consideration for the execution, assignment, transfer, or conveyance is not shown in the face of such deed, instrument, document, or writing, the tax shall be at the rate of 70 cents for each $100 or fractional part thereof of the consideration therefor. For purposes of this section, consideration includes, but is not limited to, the money paid or agreed to be paid; the discharge of an obligation; and the amount of any mortgage, purchase money mortgage lien, or other encumbrance, whether or not the underlying indebtedness is assumed.... Under Rule 12B-4.013, F. A. C.: Conveyances Subject to Tax. (9) Condominium Units: Instruments conveying interest or ownership in a condominium unit are subject to tax.

Page 3 (22) Mortgage on Property: When computing the tax under Section 201.02, F.S., on a deed of conveyance, the total consideration includes any mortgages encumbering the property being transferred. Cross Reference - subsections 12B-4.013(7), (8), (10) and 12B-4.013(31), F.A.C. (28) Husband and Wife Deeds: Deeds transferring unencumbered property between spouses are not taxable, except that any consideration paid by one spouse to the other spouse for additional shares greater in value than their undivided interest is taxable. Where the property is encumbered, tax is based on the mortgage balance in proportion to the interest transferred by the grantor. (29)(a) No change in Beneficial Ownership: A deed from X to a trustee is exempt from the stamp tax to the extent of X's beneficial ownership interest as a trust beneficiary, whether or not the real property is encumbered by a mortgage. For example, if X owns encumbered or unencumbered real property and conveys it to the trustee of a trust of which X is the sole beneficiary, the conveyance is exempt from the stamp tax. (29)(b) Change in Beneficial Ownership: If persons other than X are trust beneficiaries, then a deed from X to a trustee is taxable to the extent of the consideration, if any, for the beneficial interest in the real property transferred to such other persons. The stamp tax is based on any cash, note, release or other consideration from the trust beneficiaries other than X, including their proportionate share of any mortgage encumbering the real property. For example, if X owns unencumbered real property valued at $100 and X conveys the property to the trustee of a trust of which X and Y are each 50% beneficiaries, and Y pays $50 cash for the conveyance to the trustee, then stamp tax would be due based on a consideration of $50. When Unit #7 held in the name of the Husband and Wife, is transferred to the trust for Husband and Wife (whether encumbered or unencumbered by mortgages) only minimum ($.70) documentary stamp tax is due. This is so because there is no change in beneficial interest. Husband and Wife are currently in title to the property, and a deed to a revocable trust where Husband and Wife are the only beneficiaries during their lifetimes would not represent a conveyance to another person or entity. Therefore, only minimum documentary stamp tax is due. The transfer of Unit #1 through Unit #6 currently held in the Husband s name only to the trust for Husband and Wife is a taxable transfer because of the conveyance of 50% of the interests in Unit #1 through Unit #6 to the Wife. The amount of tax due is calculated as shown below in item # s I through VI.

Page 4 I. Regarding Mortgage #1 which cover Units #1 through #6 and Mortgage #2 which covers Units #1 through #7: Determine the proportionate value of each of the properties in these mortgages by calculating the pro rata amount of each mortgage for each property: Fair market value of each property divided by the total of all of the fair market values of properties secured by the mortgage times the outstanding principal balance. Calculate Mortgage #1 separately from Mortgage #2. II. Add together the outstanding principal amount of Mortgage #1 for each individual unit under the two blanket mortgages determined in #1 above (Mortgage #1 for 6 units, Mortgage #2 for 7 units). III. Multiply this sum by 50 %. IV. Round that figure up to the nearest $100. V. Divide the resulting amount in # IV by 100. VI. Then multiply the figure obtained in # V by $.70 cents (except in Dade County). The resulting figure is the amount of documentary stamp tax due on each deed from grantor (Husband) to Husband and Wife as beneficiaries of the Trust for Husband and Wife. DETERMINATION The only documentary stamp tax due on the deed of the condominium currently owned jointly by Husband and Wife to Husband and Wife s Trust is the minimum documentary stamp tax. Each deed for the six units currently owned by Husband is subject to documentary stamp tax based on 50 percent of the pro rata portions of the outstanding principal balances of all the mortgages pertaining to each of these six properties. The process for calculation of the tax on each deed is shown above. This response constitutes a Technical Assistance Advisement under s. 213.22, F.S., which is binding on the Department only under the facts and circumstances described in the request for this advice as specified in s. 213.22, F.S. Our response is predicated on those facts and the specific situation summarized above. You are advised that subsequent statutory or administrative rule changes or judicial interpretations of the statutes or rules upon which this advice is based may subject similar future transactions to a different treatment than expressed in this response. You are further advised that this response, your request and related backup documents are public records under Chapter 119, F.S., and are subject to disclosure to the public under the conditions 6of s. 213.22, F.S. Confidential information must be deleted before public disclosure. In an effort to protect confidentiality, we request you provide the undersigned with an edited copy of your request for Technical Assistance Advisement, the backup material and this response, deleting names, addresses and any other details which might lead to identification of the

Page 5 taxpayer. Your response should be received by the Department within 15 days of the date of this letter. Sincerely, M. E. Clemens, C.P.A. Senior Tax Specialist Technical Assistance and Dispute Resolution MEC/bb