[RPPTL LandTen] Sales Tax Bill

[Haney, Gregory]

Okay. Thanks so much for confirming and letting us know, Art.  Using this as a follow-up in the Landlord-Tenant Committee discussion as well, since the question was also raised there.




Gregory R. Haney | Shumaker
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Board Certified in Real Estate Law
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From: Arthur J. Menor [mailto:AMenor at shutts.com]
Sent: Wednesday, June 14, 2017 2:03 PM
To: Haney, Gregory; 'Martin A. Schwartz'
Cc: 'Stone, Adele'; Neil B. Shoter; Yugma Desai
Subject: Sales Tax Bill

We spoke with the Department of Revenue and were advised that the date that a lease is executed or the date the tenant takes occupancy has no bearing on whether the reduced tax rate applies. Rather, it is the period for which the rent is due that determines the rate.

As an example, for a lease that is executed prior to July 1, 2017, a 6 percent tax rate would be assessed for the rent payments for the period through the month of December 2017, while a 5.8 percent tax rate would be assessed for the rent payments for the period of January 2018 and thereafter.


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Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers

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