The view from a downtown Baltimore rooftop was worth $14 million two years ago, when Gov. Martin O’Malley proclaimed an end to the loophole exempting some investors from paying taxes on their real estate purchases.
The vista from Annapolis these days is worth considerably less: just $325,000.
That is how much the state has collected this year in transfer taxes from those kinds of deals, involving the sale of limited liability corporations created exclusively to own or sell large commercial properties, according to the Maryland Department of Assessments and Taxation.
That’s 97 percent less than the $14 million Annapolis had hoped to collect from those transactions a year after closing the loophole. The drop in LLC sales has shorted the state millions of dollars in a recession that has already forced the governor to furlough workers, reduce state aid to higher education and slash stem-cell research funding. And it’s also hurting the coffers of local governments as well, both because the state has less money to dole out to them and because they, too, are collecting less money from real estate deals.
Now, the state is planning to lower its projections for this year, said Robert Young, associate director with the Maryland Department of Assessments and Taxation. Young said overall, fewer deals of any type are getting done because of the recession.
But LLC sales in particular have fallen well short of expectations, and he said he believes the state shouldn’t anticipate collecting more than $450,000 in transfer taxes from them this year.
Real estate experts say the frozen credit markets and bleak economy have done more to stifle real estate sales than the closing of the loophole. But once the market recovers, they say, it is unlikely the state will come anywhere close to collecting $14 million a year in LLC-tied property sales.
The main reason many properties changed hands through LLC sales was to avoid transfer and recordation taxes. The state levies a 0.5 percent transfer tax, on top of what local governments collect. Baltimore City, for example, charges another 1.5 percent transfer tax and a 1 percent recordation tax.
Now that there’s no financial advantage to an LLC sale, many buyers are opting to buy property through straight deed transfers the way residential properties change hands, said Y. Jeffrey Spatz, a real estate lawyer with Gordon, Feinblatt, Rothman, Hoffberger & Hollander LLC.
Spatz said closing the LLC loophole has not had a significant impact on real estate deals. But he said there have been a few potential deals that were scrapped because of the added cost of transfer and recordation taxes.
The sale that spurred the change came in 2006 when America’s Capital Partners of Miami bought that Alex. Brown building at 1 South St. for $120 million. It acquired the 30-story building through its purchase of the controlling interest in ABB South Street Associates LLC. The loophole allowed America’s Capital Partners to avoid what would have been $2.4 million in city and state transfer taxes.
A year later, O’Malley staged a news conference on a rooftop overlooking the Alex. Brown building. There he announced his plans to tax LLC sales to bridge what was then a $1.7 billion shortfall in the state’s budget.
Since then, the pace of real estate deals have fallen considerably. On average, about $500 million in office properties and an equal amount of industrial properties change hands annually, said Robert T. “Bo” Cashman, an investment sales broker at CB Richard Ellis in Baltimore. This year, just $35 million in industrial properties have sold and $118 million in office properties have changed hands.
Nick Gioia | www.NGRealtyGroup.com