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HomeMy WebLinkAbout3. Real Estate Transfer Tax Discussion 02/24/2015 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO:DAVID STRAHL, ACTINGVILLAGE MANAGER FROM:FINANCE DIRECTOR DATE:FEBRUARY 10, 2015 SUBJECT:PROPOSED MODIFICATIONS TO REAL ESTATE TRANSFER STAMP ISSUANCE PROCESS PURPOSE: To present for the Board’s consideration aproposed change to the real estate transfer stamp issuance process. Responsibility for paying the tax would move from the buyer to the seller. BACKGROUND: Chapter 8 of the Village Code provides for the imposition of a tax on the transfer ofallreal estate located in the village. The tax has been in place since November1987. At that time the tax was assessed at a rate of $1.00 per $1,000.00of sale valueandresponsibility for payment buyer of the tax was borne by the .Chapter 8 of the Village Code was amended in December 2000 increasing the tax to $3.00 per $1,000.00 of sale value. A number of administrative changes to various other provisions of Chapter 8 were made inthe 2000 amendment and two othersubsequent amendments approved in 2001 and 2007. These changes did not impact the overall issuance process or revenue generated.Increased state and federal regulations have impactedthe issuance of the transfer stamp resulting in a further review of the process. DISCUSSION: Beginning in 2009 with provisions mandated as part of the federal act entitled the Fair and Act Accurate Credit Transactions(Red Flag Rules) and state requirements relating to the Act Freedom of Information, the process for issuing areal estate transfer tax stamp has become extremely cumbersome. The current process followed in issuing a transfer stamp has beenrelatively unchanged since itsinception.Efforts to comply with the new regulations have been integrated into the existing process. As a result,the process is awkward and customers may experience delaysin the issuance of their stamp. There also are times where customers have been asked to provide additional information in order to complete the transaction. Included with this memo is a flow chart of the current transfer stamp issuance process.The current process contains over 20 steps, involves both the buyer and seller and requires input from multiple village departments. After a review of internal procedures, and gathering input from transfer stamp customers including property owners, realestate agents and attorneys,staff hasidentifiedwhere changes could be made to the current processto improve efficiency for the customer without impacting the revenue generated. Two areas were specifically identifiedthrough this review. These two areas were 1)shifting ofresponsible party for paying transfer tax from the buyer to the seller; and 2) the decoupling of the connection between the utility account and the transfer stamp. C:\\Users\\djarosz\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\YID4321P\\RETT Modifications -February 2015.docx Proposed Modifications to the Real Estate Transfer Stamp Process February 17,2015 Page 2 Shifting of the Responsible Party for the Tax A2011 surveyconducted by the Attorney’s Title Guarantee Associationshowed 78 municipalities in the greater Chicago metropolitan area requiring a transfer stamp for the conveyance of property. Sixty municipalitiesidentify the seller as the party liable for payment of the tax. Of the 4 neighboring communities that require a transfer stamp(Des Plaines, Elk Grove Village, Rolling Meadows,and Schaumburg),allassess the tax to the seller. In Mount Prospect, buyer the responsibility for payment of the tax is borne by the . A number of issues arise from having the buyer responsible for payment of the tax. First, the buyer coming into Mount Prospect is likely to have paid a transfer tax upon exiting another communitymaking a subsequent payment of the transfer tax especially burdensome on anew resident. Second, while the buyer is responsible for payment of the tax, the seller’s utility payment status and other outstanding property issues could halt issuance of the stamp regardless of the willingness of the buyer to make payment, even on the behalf of the seller. Athird issue of note is the impact that Freedom of Information Act (FOIA) requests are having on staff as a result of having the buyer the responsible party. In following up on certain items to ensure a transfer tax stamp can be issued, the buyer submits a FOIA to obtain information related to outstanding utility accounts or other alerts for property being considered for purchase. Information the buyer is otherwise not able to receive as they are not the “owners”of the information. The FOIA requests come almost daily and require several hours of staff time each week to respond, which may extend property closing timeframes. The switch ofresponsible party from buyer to seller eliminates FOIA requests as they relate to the sale of property, removesfrom the issuance process obstacles that delay or halt the sale of a transfer stamp and provide for a more welcoming environment for the new resident. There are potential time savings to the issuance processas well. In order for a more smooth transition to the new procedure(tax to be borne by seller)we recommend a phase-in period. The phase-in would provide for a reduced tax rate for properties previously purchased within a certain timeframe. For properties under contract as of the effective date, and for a period of time thereafter, responsibility for payment of the tax would remain with the buyer. We are recommending an effective date of July 1, 2015.The phase-in period would extend for one year after the effective date of the change. Decoupling of Real Estate Transfer Process from Utility Billing In addition to the change in responsible party, staff is recommending a number of administrative changes as well. The most significant change involves the decoupling of the real estate transfer process from utility billing. The Finance Department has long used the transfer stamp process as a way to ensure the proper transition of a utility account to the new customer. Steps include requiring a final read be scheduled and names ofthe new customerbe made available. With the advent of the Red Flag Rules, new utility customers are now required to provide a photo I.D. This has proved difficult in administering. Additionally, before a transfer stamp is issued, a review of the propertyis made to check on unpaid utility balances.An adverse condition in any of these items would halt the issuance of a transfer stamp. C:\\Users\\djarosz\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\YID4321P\\RETT Modifications -February 2015.docx Proposed Modifications to the Real Estate Transfer Stamp Process February 17,2015 Page 3 While certain requirements are to be followed for establishing a new utility account, staff no longer feelsit necessary to link it to the transfer stamp process. The same objectives for complying with the requirements and administering the utility accounts can be met with a separate internal control, regardless of switch in responsible party for transfer tax payment. Staff has completed some initial work on a more efficient process for both the issuance of the transfer stamp and establishment of new utility accounts that eliminate steps and ismore customer friendly within the new regulatory environment.Further detail on the proposed administrative changeswillbe provided upontheir completion. RECOMMENDATION: It is recommended the Village Board authorize staff to make the proposed changes to the real estate transfer tax payment responsible partythrough an appropriate ordinance. David O. Erb Finance Director DOE/ C:\\Users\\djarosz\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\YID4321P\\RETT Modifications -February 2015.docx Village of Mount Prospect: Real Estate Tax Transfer Process, Property Sale Buyer (or buyer's attorney) Seller provides N applies for transfer stamp in Follow-up with forwarding person or by mail. In the case of buyer's attorney or address / Buyer Na sale, the buyer is responsible title company. provides photo ID ry for the transfer stamp. No IF Customer Service reviews application Customer Service checks & paperwork Is this an exempt No Does buyer agree with non- Tax is set at flat Tax is calculated at $3 per Logos for past -due utility bills to schedules final deed, contract, ( ransaction? z exempt status? fee of $15. $1,000 of purchase price. meter reading (if PTAX-203 or EZ- applicable). E DEC/MyDec).' QYes 0 Yes N U (Q ILL Customer Service Customer Service checks Logos checks Police sub -systems for Tickets for any o/s (continued to page two) property alerts and amount due. s other $ owed. Notes: 1. Allow up to 72 hours for Village review of application. 2. The sale is not tax exempt. Changes to a deed can be exempt or not, depending on situation. 3. Sub -systems include Utilities, Licensing, and Misc. Billing. Real Estate Tax Transfer Process Diagram Page 1 2/17/2015 Village of Mount Prospect: Real Estate Tax Transfer Process Seller settles any N outstanding amounts due, Nremedies property ry alerts. Customer Service Multiple considerations Customer Service data Are there any contacts the before progressing to entry into Logos and outstanding alerts Yeses department to Yes next step. See dialogue Excel. Select (continued to page three) E n the propert check on status of box below. 4 appropriate welcome _t__ (continued from page one) the alert. packet category. W Q N No- (D U Customer Service Can outstanding issues puts sale of 11 be resolved? No transfer stamp on hold until resolved by Seller. U L n N Details are -E researched and 0 reported back to Q N Finance. n Notes: 4. Considerations Before Data Entry: A. If the buyer is moving from one address in Mount Prospect to another, update the address in the vehicle license program B. If the sale involves a rental dwelling operating license, request to have the buyer complete a Rental Dwelling Operating License Application located in the Real Estate bin and terminate the existing license for the seller. C. If the sale involves a property with an alarm license, terminate the current alarm license (as of closing date) and have buyer complete a new application if the alarm system will continue to be utilized. Real Estate Tax Transfer Process Diagram Page 2 2/17/2015 Village of Mount Prospect: Real Estate Tax Transfer Process Buyer provides N Yes 1P payment, receives stamp and receipt. �op N r' Change the last 4 digits of the PIN in Logos - Parcel Management to match the documents. Yes N Use the PIN W es PIN number listed on the tran Does PIN in Logos -Parcel oes buyer have any additiona number in the Real N documents agree with Logos -Parcel No Management end in -9999? N0 documents showing PIN? No Estate Tax 0 Management? program (Master U Address link). C cB (continued from page two) tL Yes One copy of receipt is put in Total Task Time: 20 Minutes Customer Service file. U) Community L N N Development confirms L PIN and enters change 0 cB in Logos -Parcel Q Management N 0 Real Estate Tax Transfer Process Diagram Page 3 2/17/2015