Gov. Lamont Proposes New Taxes on Legal and Real Estate Services

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Governor Lamont Made an Address on his budget and shared a snippet on twitter.

Also Increases Conveyance Tax On Expensive Homes

First-term Governor of Connecticut, Ned Lamont, is introducing a new bill – to implement his proposed budget – that would expand the sales tax on services in Connecticut to legal and real estate related services. The bill also increases the conveyance tax on homes over $800,000.00.

You can see the full version of the proposed bill here: https://www.cga.ct.gov/2019/TOB/s/pdf/2019SB-00877-R00-SB.PDF. The good news is that many of the changes in the bill, if it becomes law, will not go into effect until 2023.

What types of “legal services” would now have to charge sales tax?

The proposed bill uses NAICS industry codes to outline the types of legal services that would have to charge sales tax to clients and pay over that sales tax to the State on a monthly basis.

The legal service providers covered under the new expanded sales tax law are:

  1. Lawyers;
  2. Notaries;
  3. Process servers;
  4. Paralegals;
  5. Settlement Agents; and
  6. Title companies.

What types of “real estate services” would now have to charge sales tax?

Under Lamont’s proposal, the real estate service providers that would have to charge and remit sales tax in Connecticut are:

  1. Real Estate Brokers;
  2. Real Estate Agents;
  3. Property Managers;
  4. Appraisers;
  5. Inspectors;
  6. Escrow Agencies or Escrow Companies; and
  7. Real Estate Consultants.

[NOTE: Some of the services listed above may already be subject to sales tax collection and reporting earlier, but if the Governor Lamont’s Proposed Bill is passed (without changes to these provisions), there will be no question that the above service providers will be subject to sales tax.]

Top CT Real Estate Conveyance Tax Would Be Increased to 1.5%

Right now, every time residential real estate is sold in Connecticut, the Seller pays 1% in conveyance tax which is divided in the following way:

For houses sold for under $800,000: 0.75% is paid to Connecticut and .25% is paid to the local government.

Currently, for homes over $800,000, the seller pays an higher conveyance tax – at the increased rate of 1.25% – to Connecticut for sales proceeds over the $800,000.00 threshold (not a rare occurrence in most populated areas of CT!)

Proposed Connecticut Tax Laws would nickle and dime property owners, along with small business service providers and their clients.

The proposed bill would actually increase the State’s portion of the Conveyance Tax to 1.50% on any amount over $800,000.00 in the conveyance of commercial real estate.

This change would take effect this year on July 1st!

The Impact On Real Estate Clients

These new laws will directly impact the cost of buying, selling and maintaining real estate in Connecticut, whether for residential, business or investment purposes.

Buyers of real estate would pay sales tax on realtor admin fees, title search and title insurance fees, attorneys fees, paralegal or document preparation fees, appraisal fees, inspection fees, and any consultation costs.

Sellers of real estate will have to pay sales tax on attorneys fees, realtor fees, real estate broker property advertising charges, paralegal or document prep fees, release tracking, and an increase in a portion of the conveyance tax over $800,000.00 in purchase price.

The Impact on Legal and Real Estate Service Providers

The impact on the legal service and real estate service providers will be severe in the beginning. The learning curve for how to properly charge, collect, track and remit sales tax will take some time. The increased time to handle this compliance may take away from time spent doing the actual work or servicing the client. Over time, Service providers will probably outsource these tasks to third parties, meaning that consumers of these services would pay more for those services.

Why Do I Have To Pay A Capital Contribution To The Condominium Association When Buying A Condo In Connecticut?

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Capital Contribution to HOA

Closing Costs Paid to Condo Association

Today, I had a closing with a client n a condominium in New Milford. The particular condominium association (or home owners association, commonly called “HOA”) had a condition to buying a property there: he had to make a “capital contribution” to the association accounts in the amount of two months of HOA fees. This left my client wondering: “Why do I have to a capital contribution to the condo association?”

FHA Guidelines for Condo Associations

The answer here is regulation by the Federal Housing Authority, or “FHA”. In order for potential buyers to be able to get FHA loans for units in a certain condo complex, that complex has to meet numerous guidelines. Some of these guidelines pertain to the fees, budget, and funds on deposit of the condo association.

Keep in mind, associations DO NOT have to comply with FHA guidelines. They do it as a courtesy to potential homewoners, so that they can get FHA and CFHA loans for the units in that complex. This is important because it allows the buyers to get loans with as low as 3.5% down and great interest rates if they qualify for FHA loans. This is also good for potential sellers of condominiums because it increases the number of people that can afford to buy the units in FHA approved complexes.

Which FHA regulations are Capital Contributions meant to meet?

Adequate Reserve Funds

One of the FHA requirements for condominiums is that they maintain an adequate reserve on deposit. There is no set dollar amount. However, there are two main concerns:

  1. Funds to cover all insurance deductibles; and
  2. Funds to cover repairs and replacements for two years.

By charging a new unit owners a Capital Contribution, the HOA can make sure they have sufficient funds on deposit and can remain compliant with FHA regulations.

Delinquent HOA Dues

Another FHA requirement is that no more than 15% of unit owners can be 60 or more days behind on their HOA dues.

By charging two months of dues up front, if the owner becomes ill or loses their job and cannot make their HOA payments, the HOA can give themselves a buffer on collecting those overdue HOA fees from unit owner.

Questions Aout Buying a Condo in Connecticut? Call Attorney Glouzgal at 203-794-6691

chfa downpayment assistance

CHFA Loans – Connecticut Housing Finance Authority Mortgage Assistance

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CHFA Mortgage Assistance for Connecticut Home Buyers

The Connecticut Housing Finance Authority, or CHFA, provides mortgage assistance programs to homebuyers in Connecticut. To receive CHFA mortgage assistance, you must be a first-time homebuyer or buying a home in a revitalization zone and qualify for CHFA assistance based on income. CHFA offers both low interest rate loans as well as downpayment assistance.

CHFA mortgages can be used to purchase single family homes, condos, multi-family homes, and even some mobile homes.

The current CHFA interest rate is 3.5% for government insured mortgage loans and 3.75% for non-insured mortgage loans.

CHFA First-Time Homebuyer Mortgages

Under the CHFA, first-time homebuyers and those who have not owned a home in over three years qualify for the First-Time Homeowner program. The Buyer, or borrower, must also mee

There are also income limits as well as property value limits for CHFA mortgages. The Buyer, or borrower, must make less than a certain amount, which is $87,800 for a home of 1 to 2 people, and $100,970 for a home of three or more people. There are also some income limit differences depending on the town you are looking to purchase in. The property value limits also vary by town. The income and property value limits for specific towns are listed here: CHFA Income & Value Limits by Town.

CHFA Down Payment Assistance

As a separate service from its low interest mortgage loans for low-income households, CHFA also offers downpayment and closing cost assistance. Down Payment Assistance is offered to borrowers who can afford to pay both loans but lack the savings to make the downpayment (less than $10,000.00 total household savings).

The minimum for Down Payment Assistance loan amount is $3,000, with the maximum being the minimum downpayment amount for the actual CHFA mortgage. In most cases, the Down Payment Assistance interest rate will match the CHFA mortgage interest rate, but it can vary and could be up to 6%.

CHFA Revitalization Zones

CHFA also offers mortgage assistance for homebuyers looking to purchase homes in certain areas marked for revitalization. These are areas where the Federal Government has determined would benefit from and increase in home ownership.

In the CHFA Revitalization Zones, the first-time homebuyer requirement is suspended, 1/4% reduction in CHFA published interest rate, income limits do not apply unless also seeking downpayment assistance, and mortgage insurance may be suspended.

In Connecticut, these revitalization areas include Ansonia, Bridgeport, Danbury, Derby, East Hartford, Groton, Hartford, Manchester, Mansfield, Meriden, Middletown, New Britain, New Haven, New London, Norwalk, Norwich, Stamford, Torrington, Windham and Waterbury.

The Lender you choose can give you more information about the details, costs, benefits and downsides of a CHFA mortgage. Click for a List of Participating CHFA Lenders

maximum fha loan amount

Federal Housing Finance Agency “FHFA” Raises FHA Loan Limits for 2017 – First Increase Since 2006

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FHFA Announces Increase in Maximum Loan Amounts for Conforming “FHA” Mortgages

There is some good news for those people looking to buy a home in 2017. The Federal Housing Finance Agency, or FHFA, has announced that for the first time since 2006, they will be raising the maximum conforming loan limits for FHA mortgages.

FHA mortgages, for those that may not be aware, are those that are insured by the Federal government. FHA mortgage loans are popular because they allow prospective home buyers to put as little as 3.5% down to buy.

How is the FHA Maximum Mortgage Loan Limit Calculated?

The baseline loan limit for FHA mortgages was set back in 2008 through the Housing and Economic Recovery Act (HERA). HERA sets the baseline FHA mortgage loan limit at $417,000 with a yearly review and adjustment based on the average home price nationally. However, we all know that home prices vary greatly across the country. Therefore, the FHA raises mortgage loan limits in high-cost areas; where the median (or mid point) of home values is greater than 115% of the baseline loan amount. The maximum increase in high-cost areas is to 150% of the baseline.

What are the 2017 FHA Mortgage Loan Limits?

The FHFA Housing Price Index for the third quarter of 2016 increased for the first time since the third quarter of 2007, on which the HERA baseline was calculated. The increase in the Housing Price Index between the two periods was about 1.7%. Therefore, the baseline FHA loan amount for conforming mortgages is being increased from $417,000 to $424,100. The maximum FHA mortgage loan amount is further increased to up to $636,150 for high-cost areas.

Fairfield County, Connecticut is considered to be a high-cost area under the FHA guidelines. The Maximum FHA mortgage loan amount for Fairfield County is $601,450. This is just $34,700 less than the FHA absolutely maximum allowable mortgage loan amount for the highest cost areas in the country.

Why Buy With An FHA Loan?

A stated above, FHA mortgage loans are popular because they allow the Buyer to put less than 20% down, often as low as 3.5%. Additional benefits are refinancing without appraisals and FHA mortgages being assumable by future Buyers.

However, FHA loans require mortgage insurance premiums (MIP) for any loans with less than 20% down. There is both an “up front” fee that is paid at closing as well as monthly payments. MIP is an additional expense that home buyers should consider when deciding between FHA and other loan types.

 

 

What is the Connecticut Real Estate Conveyance Tax?

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What is a real estate conveyance tax?

A real estate conveyance tax is a tax paid by the “Transferor” in a real estate transaction, typically this is a Seller. However, there are some clever Sellers that put the burden of paying the conveyance tax on the Buyer in the real estate purchase and sale contract. The conveyance tax is paid BOTH to the State of Connecticut as well as to the municipality in which the property is located. The real estate conveyance tax MUST be paid to the Town Clerk (note: not the tax collector) at the time that the Deed transferring title is recorded on the land records. You must also present a completed  and signed OP-236 – Connecticut Real Estate Conveyance Tax Return. A fillable online version is available here.

How much is the real estate conveyance tax in Connecticut?

The amount of the conveyance tax is dependent on the value of the real estate property being conveyed. In Connecticut, the real estate conveyance tax is .0075 of every dollar to the State (thts 3/4 of 1%) and .0050 of every dollar to the local municipality (that’s 1/2 of 1%).

If a home sells for $200,000.00, the Seller will have to pay $1,500.00 to the State of Connecticut, and $1,000.00 to the Town.

Are there any exceptions to the Connecticut Real Estate Conveyance Tax?

There are 22 exceptions that are noted on the back of the instructions to the return. The most commonly used are conveyances between spouses, conveyance due to foreclosure, and conveyance for little or no consideration.