By now, you may have seen, heard and read about Governor Dayton’s recent proposal instituting a new sales tax on business services. This means that all real estate transactions involving a real estate professional will be taxed for the service provided. In the proposal the sales tax rate is lowered to 5.5%, instead of the current 6.875%. Any local option tax would need to be added to the state’s 5.5%.
What does this mean to consumers?
In a typical $250,000 home transaction, the additional tax amount will be about $1,500. This is the new tax on top of the Mortgage Registry and Deed Tax housing consumers already pay when they are involved in a real estate transaction.
The release of Governor Dayton’s budget recommendations to the Legislature was by far the biggest event at the State Capitol last week. The Minnesota Association of REALTOR's (MNAR) lobbyists continued to make their rounds, meeting with members of the Taxes, Commerce, and Housing Committees. Any free moments, outside of member meetings or committee hearings, were spent deciphering the Governor’s budget and tax reform proposal.
The most significant change recommended by the Governor calls for expanding the sales tax base to include most previously exempt services. This component of the proposal has proven to be a moving target with new details emerging daily. MNAR, and similarly situated groups, continue to press the Administration and the Legislature for more specifics regarding which services would be subject to the sales tax and which services would remain exempt.
Absent clear documentation to the contrary, we must assume that real estate-related services, including REALTOR® services, mortgage broker services, title/closing services, appraisals, home inspections, septic inspections mandated by counties, well inspections, surveys, and any attorney or tax services required due to the sale of a property would be subject to the sales tax.
Taxing real estate services would significantly increase the costs associated with a real estate transaction and comes at a time when the housing market is showing positive signs of recovery. MNAR has opposed the expansion of the sales tax to services in the past and will again be actively opposing an expansion at the Legislature this session, as the Governor’s recommendations are discussed.
On a positive note, the Governor’s budget recommendations include several property tax relief proposals, such as:
- A $500 property tax rebate for homeowners;
- Continued support for the existing Property Tax Refund Program (“circuit breaker”); and
- A two-year freeze on rate inflation for the statewide business property tax and a reduction in the inflation rate after the freeze.
The Governor’s recommendations represent the beginning of the discussion. Over the next few months, the Legislature will review the Governor’s recommendations and take testimony from interested parties, including MNAR. In April, the Senate and House will produce their own budgets, which may look very different from what the Governor has recommended.
MNAR lobbyists will be representing the interests of homeowners throughout the legislative process.
In the Senate:
On Wednesday the Senate Commerce Committee held a confirmation hearing for Department of Commerce Commissioner Mike Rothman.
In the House:
On Tuesday the House Commerce Committee held a hearing on a bill that would establish a Minnesota Health Insurance Marketplace.
This Week:
The House Taxes and House Ways and Means Committees are scheduled to begin hearings on Governor Dayton’s budget and tax reform proposal. The Senate Taxes Committee has scheduled a Confirmation hearing for Department of Revenue Commissioner Myron Frans and will begin its overview of the Governor's Budget Proposal.