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Arizona May Ban  Transfer Taxes
By Rick Edwards, Phoenix and Darrin Sharp, Washington D.C.

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Arizona doesn’t have a transfer tax and if lobbyists get their way, it never will. The Arizona Association of Realtors filed application for a ballot measure to institute a constitutional ban on transfer taxes. The measure needs 230,000 valid voter signatures by July 3 to get on the November ballot.

Supporters are pushing for the transfer tax ban as the state deals with a budget deficit of more than $1 billion. It faces opposition from groups open to tax increases to fund schools, healthcare and transportation.

Thirty-five states and District of Columbia impose a tax on the transfer of real property, according to the Federation of Tax Administrators. The tax is typically based on the value of the property being sold.

California, Louisiana, Ohio and some other states have no state transfer taxes but allow local governments to impose them.

Transfer tax rates range from a low of 0.01% in Colorado to a high of 2.2% in Washington D.C. In about 2/3 of the states imposing the tax, the rate is below 0.5% of the value of the transfer. In seven states and D.C., the state transfer tax rate is 1% or greater.
 

The Maryland Legislature recently closed a tax loophole that allowed businesses to avoid paying transfer taxes.

Previously, commercial property owners could simply transfer buildings or real
estate into a limited liability company and then sell the controlling interest.

Since the law did not require these transactions to be recorded with the assessments and taxation department, the deals were not subject to transfer taxes.

The law changed with the passage of Senate Bill 2.


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