Transfer Tax robocall

I just got a robocall from a group calling itself "Citizens for a better Orange County" that opposes the Transfer Tax. It calls the tax the "Home Tax," which is clearly wrong on two levels. Firstly, the proposed tax is on all land sales, and secondly it is an attempt to falsely personalize this tax for local homeowners. Oh, and it fails to mention an important detail: the tax rate would be 0.4%. That's right: four tenths of a percent. That's one thousand dollars on a $250k hypothetical home. Sounds like too much money? Well, what are the alternatives? If this is defeated, the only two alternatives that have been seriously discussed are a sales tax (the most regressive tax possible) and a property tax increase. A property tax increase would be a home tax. Everything about the robocall was misleading and dishonest.

The call directs people to a website that I won't link to here. The website refers to "Tom Holt" as their treasurer and "Mark Zimmerman" as their spokesperson. A bit of googling gives:

Mark Zimmerman (919) 942-9150

so that might be one way to get more info about this if anyone is interested. The website also lists a toll-free number: 866-275-1129. Also, a visit to the Internet Archive's Wayback Machine shows us that Mr. Zimmerman was chair of the Chapel Hill/Carrboro Chamber of Commerce in 2005, and is... drumroll... a realtor with Remax.

So, to recap: a realtor is the spokesperson for a shady group that is using shady tactics (including robocalls and dishonest "home tax" verbiage) to try to shoot down the Transfer Tax. A good question for Mr. Zimmerman might be, "How much money have you personally spent on trying to defeat the Transfer Tax?" Or maybe, "Why do you feel it's necessary to resort to dishonest tactics to defeat a tax that might have a small impact on your business?"

Issues: 

Comments

So much for trying to ease out of this discussion.  Terri, the SOG representative did not provide you with accurate information if she told you that it would affect inheritance.  The tax applies when money changes hands.  If it is deeded to heirs or given as a gift the tax does not apply. 

§ 105‑228.29.  Exemptions.  This Article does not apply to any of the following transfers of an interest in real property:

(1)       By operation of law.
(2)       By lease for a term of years.
(3)       By or pursuant to the provisions of a will.
(4)       By intestacy.
(5)       By gift.
(6)       If no consideration in property or money is due or paid by the transferee to the transferor.
(7)       By merger, conversion, or consolidation
(8)       By an instrument securing indebtedness. (1967, c. 986, s. 1; 1999‑28, s. 1; 1999‑369, s. 5.10(a)‑(c).)

 

Terri replies to the question "How to pay for the next needed school?" with 

 "If we don't have the money to pay for it, I want the school board to withhold certification through SAPFO."  In other words, just don't build it?  Is this

what you really mean?

 

Joe Capowski  (sorry, forgot to log in)

 

What I mean Joe is that years ago some smart people tied infrastructure expansion to development through SAPFO. I'd like to see that process work as intended so that we live within our means and stop approving new development if we don't have the financial resources to provide the infrastructure. Development is the problem, building schools and parks without adequate funding is the result. My solution is to stop approving new residential development until we have adequate funding to provide the infrastructure.  Then we can go out and find a funding mechanism, like an impact fee on new development, that meets the needs of this community.

Still don't think this is the right tool, but I'm happy that if it goes through, our farmland will not be jeopardized.
because of the mess that the state made it is expensive to take care of people with mental health dd /sa problems i know i am one of them and the problem will be growing bigger and bigger. the schools have other ways to pay for building schools.people with mh/dd/sa dont have the services that they need

Reasons:

  1. There is far more money available to be collected in existing property taxes than is now being collected, simply by finding the abuses that already exist in the system, and weeding them out. For example, if the back taxes and interest on just ONE fradulent "land use exemption" situation I know of were collected, you'd have nearly $500,000! I see little indication that situations like this are rare, nor that they will be attended to in any timely fashion.
  2. Orange County is effectively a one-party political fiefdom. Since there's no realistic expectation of any political opposition to tax increases, you can bet your bottom that the 0.4% proposed initial levy is a 'teaser rate' and will be raised every time somebody has a good idea about how to spend other people's money.
  3. And yet further, advocates of this tax are unwilling to commit to a future rate-adjustment cap on regular property tax rates. My own property tax bill went up 17% in the past 4 years alone, far more than inflation AND far more than my own income increased. What guarantee would I have that this rate of increase won't remain, even IF the new tax is approved? Call me a cynic if you must, but this County isn't known for fiscal conservatism.
Sorry. Taxes of all types consitute --by far-- my #1 cost of living expense. The value received is poor. I just don't need any more taxes, especially one as onerous and unfair as this one.
The wording of the referendum including 0.4% is the language provided by the state legislature.  The county is not permitted to change it.  Consequently, 0.4% isn't a "teaser" rate, it's the maximum amount that the Commissioners could charge.  They have the option (though I don't think anyone expects them to use it) of charging less than 0.4%, but cannot legally charge more.
According to this article by Max Rose in the Daily Tar Heel, OC schools need ~$200M over the next 10 years. http://tinyurl.com/6mfc27. How does the transfer tax, which in a very best case scenario is only expected to bring in a tiny fraction of that, address that big picture need? And how much will OC schools get as opposed to Chapelboro system? And for that matter, how much of this "need" is really just reflective of wasteful spending practices?
support this tax, or property taxes will go up, again. Orange is already has the 3rd highest property tax rate in the state. Enough is enough.
What makes you think that property taxes won't continue to go up no matter what happens with this transfer tax? This thing is like a tempting solution in search of a problem. But the problems that we face are greater than what this little ole "solution" can really address.
As others have said, the increased transfer tax is just a band aid. Property taxes will continue to rise with or without a transfer tax. It is a mistake to think otherwise. Vote for it or against it but go into the voting booth with your eyes open. And anyway, this is just another propety tax with a different name.
Property taxes are less likely to go up and if they do, by a lesser rate if this tax passes. I don't agree with the additional taxes, but this is the lesser of two evils IMO.
I will be voting no for the Transfer Tax. I live in northern Orange County on about 13 acres with my husband. We've lived here 8 years and we have a small older house. We have no children and we have two incomes, but we have not had an increase in our incomes for at least 6 years, so increasing property taxes and cost of living have seriously impacted our budget. Our land and home is our only investment and by the looks of the rampant development going on all around us, we may receive a return on our investment eventually. When we do sell, which may be very soon, we will leave the county for a more rural and less expensive place and frankly, I don't think it would be fair for Orange County to levy a tax on my exit. I have paid more than my fair share during my residency here. I do believe that Impact Fees should be raised steeply to protect Orange from being over-developed - but it may be too late for that. I am also for a sales tax - while some feel that this would be regressive, I feel that it would be much more equitable. The assumption that property owners are more able to absorb raises in taxes is absurd - we simply cannot bear the weight of heavy spending of our county without help from Renters and other non-property owning citzens who enjoy the benefits of Orange County.

Reasons:

Property Taxes will go up anyway. Orange County already has the highest taxes of anywhere around. This tax will definitely impact the senior population who sells to attempt to provide additional funding for retirement as well as  to simply move into a smaller, less physically demanding place, or  into an assisted living facility. The SELLER is responsible for payment, NOT the buyer, therefore, this is a tax on the existing population, not the incoming population nor the developers with the (presumably) big bucks.

But my biggest reason is: Orange needs to learn to create a budget and live within it! And as far as "Where will the money come from for a new school?" First prove that a) a new school is absolutely necessary as the old schools should be able to absorb a 100% increase- or they weren't built correctly to begin with! 

Proponents of the Transfer Tax are gaining.  The green and white sign packs a strong message, and better than that is the general buzz I hear among early voters.  I haven't met a single opponent in person.  (As an official voter greeter, I'm very careful not to campaign for anyone or any cause at the OCDP table.  But many voters want to chat among themselves and/or with me ... hence the general buzz.)  Carrboro Aldermen resolved in favor of the Transfer
Tax last evening.  Mayor Chilton, himself a realtor, supports it. 

Tugging at heartstrings, some opponents of the tax on selling property label it “the home tax,” though the tax would apply to all transfers of property, like sales of junk yards, night clubs, and undeveloped land about to be paved over. That’s like labeling the tax on retail sales “the Bible tax” because it taxes every Bible that’s sold. (North Carolina tried in 1939 to exempt just Bibles, but that’s not Constitutional: http://bulk.resource.org/courts.gov/c/F2/902/902.F2d.1158.89-2767.html.)  The “home tax” label is measurably less of a distortion than “Bible tax,” but it’s a distortion, and a shrewd one.

If part can describe the whole, “land flipping tax” and “property churning tax” will do.

I'm becoming downright embarrassed by the advertising that is flooding into Orange County by the NC Association of Realtors and by the Citizens for a Better Orange County.   Even if I were against the tax, I'd want to disassociate myself from these ads.

 I'm now looking at a brochure mailed, I assume, to every registered voter in the county.  It sells gloom, doom, and fear in an attempt to defeat the tax.  On the front page is a little girl being held by her father.  I can't begin to understand how they got this little girl to look so pitiful.

I know many of the people who are on the CBOC list of supporters that is published on their website, and they are positive people.  In Chapel Hill, based on yard signs, the epicenter of the anti-tax movement is in the Oaks, one of the most affluent regions of town.  The people who live there did something right to get there.  They certainly don't look at the world as a dark, forboding place full of doom, gloom and fear.  Yet they are willing to support such advertising.  What am I missing here?  Are these people so afraid of a tax that they will flood us with such despondent literature?  It's got to be more than the old saw that negative advertising works.

Found this on Orange Chat. Thanks to Mark Peters for sharing it on Google Video.

I began watching this informative video of the transfer tax forum with an open mind to the idea of the tax itself, but with a predisposition against those arguing loudest against it. In my view, the transfer tax idea itself has some problems that aren't really being discussed much, but I started out so ambivalent about it's merits that when a friend asked my opinion of it yesterday my response was literally, "flip a coin, it doesn't matter much either way."

Given the amount of sheer crap that the realtor's assn has seen fit to stuff my mailbox  regarding the issue, and given my general extreme distain for realtors of any stripe, and given the comments on this forum, I started out prepared to essentially despise Mark Zimmerman. I hadn't really made up my mind fully on the tax itself, but I already knew I probably had little in common with the most vocal group against it.

So as I watch Joe Capowski initially flounder around not making a single point in favor of the tax, I'm kinda embarrassed for him. Initially, I keep thinking, come on Joe say something that regular folks can get behind. In his presentation he says nothing whatsoever that resonates on any level.

Then the presumed evil Mark Zimmerman steps up to the podium and ticks of a whole list of mostly sound reasons why the transfer tax is a bad idea. I'm amazed at how articulate he is. Frankly, I'm secretly hoping to catch him telling whoppers or something. But, instead he just sticks to taking the tax apart point by point. The points that resonated with me the most are that it's an unreliable means of funding anything, and that it asks a very small portion of the population to fund the needs of the majority.

So I'm looking at this video of this forum and my perception is slowly solidifying against the tax in a way that it's never really been clear before. Then comes the absolute defining moment.

Thirty minutes in, (30:28--31:33), Joe Capowski is asked directly what impact he thinks the tax would have on affordable housing. His answer is simply shocking, insulting, outrageous, pompous, clueless, arogant and mindnumbingly elitist. He answers that "affordable housing" falls under the auspices of welfare.

Hey Joe, you come out to my hardworking bluecollar neighborhood and spout that clueless crap. Tell the Orange County school maintenance workers, the teachers, the plumbers, the electricians, the beauticians, the landscapers and the other service sector employees that are my neighbors that because they either choose not to live in overpriced yuppie housing or simply can't afford to live elsewhere that they fall under the auspices of welfare. Do you even realize how utterly insulting that is? Do you have a clue?

"No disrespect meant?" "Grants from organizations will take care of it?" What kind of clueless nonsense is this? Very few here want handouts. Nor are patronizing elitist comments appreciated.

I will say one thing though, Joe, you did a good job of knocking me off my fence on this tax. You can bet that I'll be organizing whomever I can against it. Know what the opposite of affordable housing is? It's not yuppieville, it's UN-affordable housing. And that's all that's gonna be left if Orange keeps gentrifying.

 

Joe stated a fact. County functions include (and are in many ways legally limited to) providing for health, education, and welfare. I don't think it is any way insulting to call affordable housing a form of welfare; in fact, affordable housing as a form of welfare is the legal justification for being able to provide funds and regulations for it. Welfare didn't use to be a dirty word: in this case, it just refers to providing a basic quality of life or standard of living. Before you accuse someone of a whole litany of unfair terms, it would be helpful to understand the word as it applies here. The following reference, albeit obscure in today's society, may be of benefit...

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Spin away, Jason. You miss the entire point. Affordable housing isn't a subset of gov't largesse. It's a mindframe that says, no thankyou, I don't want help (interference) from gov't, I'll stand on my own and limit myself to that which I can truly afford. Affordable housing isn't welfare, it's security that our grandparents knew and enjoyed. Don't fall prey to the popular and erroneous mindset that thinks of it in any other fashion. Can you build your own house? Why not? Your great grandparents very well may have. Why can't we?

Perhaps I missed the point because, rather than stating a belief you hold about affordable housing policy, you viciously attacked someone for describing which of the three functions of local government enables our current policies?

Viciously attacked? Have Joe say what he said to that forum in my or any one of a dozen Orange County blue collar neighborhoods and I'll do my best to see that he doesn't get viciously attacked. (To say that what he said is considered fighting words is almost an understatement.) Three functions of local gov't? Current policies? You do understand that this is not Poly-Sci 101 but rather real life with real people, most of whom don't have benefit of the luxury of such lofty pursuits?

Mike, I really feel like you are jumping down Joe's throat without truly understanding his comments. In Orange County the words "affordable housing" have a very particular meaning, which is broadly-understood to those engaged in public dialogue about it. They refer to specific programs through which local governments require developers to create and/or maintain certain amounts of housing that meets a certain standard of affordability, and to the specific nonprofit organizations who do this work - sometimes assisted by local government funding.

Just because Joe doesn't use your definition of the term, doesn't mean he doesn't share your concern about the problem. More importantly, attacking him as you have done here adds nothing to the debate but instead diverts it so that now we are talking about you and Joe instead of how to ensure that the people who work here can afford to live in Orange County!

I"m pretty sure most of us agree that having homes that people can afford is a good thing. Personally, I think a transfer tax is a fairest way to raise the money that the community needs to realize this and other shared goals. Property taxes make us pay cash when the value of our homes is not liquid. When we sell the land is when we reap the rewards, it makes sense to me that that's when we should pay.

Jason is using definition #1 from the Merriam-Webster dictionary:

1: the state of doing well especially in respect to good fortune, happiness, well-being, or prosperity <must look out for your own welfare>
 
Mike's interpretation of Joe's statement uses definition #2:
 
2 a: aid in the form of money or necessities for those in need b: an agency or program through which such aid is distributed

While affordable housing should be considered as a form of welfare (#1), the local use of the term has become more similar to #2.

I watched the video and it just cemented my own vote.  I also took note of Joe's comment but not in any negative sense.

The two issues that came up that I didn't think of before were really critical.

One is that a realtor's fees are a choice, essentially a sales commission for selling a home, not unlike the sales commissions paid to any other salesman in any other industry.  So trying to relate the TT to a realtor's fees is a disingenuous argument that really hurts the TT proponent's cause.  If I were them, I'd drop using that attempt to justify their position.

What is REALLY going on here, the second and unmentioned fact, is far more insidious:  the County seeks the legal right to tax wealth, since they already can tax consumption.  The rate, apparently set by the State, is subject to change.  In the future, you can absolutely bet it won't stay at 0.4% and I would not be surprised to see it rise to 5% or more ... just like the income tax after the 16th amendment.  You can not trust government to be a good steward and act with restraint, since they have proven they can not.   If they could, they'd write a cap into the legislation that says they cannot increase the rate except by referendum.  Since that's not in there ...

Some bad ideas need to be stopped before they start. 

The TT proponents need to stop attacking the realtors and their motivations as if there was some kind of "vast right wing conspiracy" - and be honest with taxpayers.  It's not a childish "well, they get 6% and all we want is 0.4%, waaah" ... TT proponents (almost universally persons on the political Left, by the way) want the right to tax wealth, and to do so with no caps, and with no restrictions on the use of funds.

That is the truth.  You might not like the sound of it, but, that is the truth. 

Joe's arguments in favor of this tax paled in comparison with Zimmerman's.  Joe's final comment was basically "new schools are not going to build themselves" and we need to find ways to pay for them. 

The TT isn't the right way.   I favor a sales tax.

My mailbox is also groaning from the overwhelming influx of spin from the Realtors’ lobbyists.

Let's start with the regressivity argument against the LTT: if a 0.4% transfer tax on a home sale is regressive, what is a 6% realtor's commission on a home sale? Sounds like 15 times the "regressivity" to me.

When we bought our condo in 2006, we did not retain a realtor, and we bought from a seller who did not use a realtor. Both parties had lawyers, worked collaboratively to settle improvements to the unit before move-in while protecting our property rights, and we had a successful sale where the seller certainly made more money than they would have if a realtor had sold it, and we probably paid less than we would have if the seller had to adjust her price to accommodate a 6% realtor's fee.

The transfer tax, if adopted, will be another piece of information absorbed into the price of any home sold in the county. On a theoretical $150,000 house, the tax would be $600. The transfer tax on a theoretical $150,600 house is $602.40. The transfer tax on a theoretical $150,602.40 house is $602.41. Simply move the price to $150,605 and the tax is $602.42, and the seller has covered the cost in the home price and you wind up with $2.58 left over. This level of price shift on a $150,000 house is not going to make or break the deal on a sale.

But what about the impact on the buyer? I ran a 30-year, 6% fixed-rate mortgage on a $150k house through bankrate.com. The monthly is $899.33 Then I ran the $150,602.40 through on the same terms. $902.94. That’s a difference of $3.63/month. Again, this differential is not going to make the difference on whether or not someone buys a house.

I’m voting in favor of the LTT. It is wrong to suggest we would best save lower-income families money by not passing this tax which is ultimately a de facto impact fee by other means on the buyer embedded in the price of the home, not an impact on the seller.

Locally, Mayor Chilton has been out in front as a realtor who is for the LTT. Most others have been quiet, so I assume they support Mark Zimmerman and his astroturf Raleigh-based mail campaign.

If we really wanted to save lower-income families money when they sold their homes, we would offer publicly-sponsored classes on how to use Craigslist, Zillow, Flat Fee Listing, and lawyers to avoid giving 6% of their sale price to a traditional realtor, while lobbying the state legislature to unlock the MLS for average citizens to put their home into the database for a reasonable price. In 2005, the US Department of Justice pursued an anti-trust lawsuit against the National Association of Realtors for their activities in working to prevent access to the MLS to a broader group of organizations and individuals. Read about it in the Sept 2005 Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2005/09/08/AR2005090802094.html)

Leslie Stahl from 60 Minutes also followed up on this issue in 2007.

http://www.flatfeelisting.com/60min.html

Whatever your position on the tax, keep in mind that the primary group campaigning against it is the local branch of a national lobbyist organization that the Justice Department is treating as a de facto cartel which acts as a diversified, conglomerate monopoly with sole access to the MLS.

Just one comment. Market supply and demand determine the selling price of the home. The increased transfer tax will have no bearing on the market value of the house. Home owners can ask whatever they want but that does not mean they will get it. At the end, the HUD statement and the reduced equity check that the seller receives at closing is the only time the increase transfer tax will show its head.

 We're voting on a referendum about a transfer tax, not realtor fees.   Realtors  provide a  service for which they charge a fee--just like many of the rest of us who post on this forum.     if you don't think the fee is worth it, then don't use one.  As the poster above discussed,   you don't have to use a realtor to buy or sell a house.    There is nothing regressive about hiring  a realtor to help you sell your house.   They are voluntary,  A tax isn't. 

And just as an aside, the personal attacks on Mark Z and others on both sides of this issue are just not OK.   If we want to question Mark's  "right" to speak out on this issue because he doesn't currently live in Orange County--though his current and previous companies probably pumped more money into  the County budget than most of us will contribute in a lifetime----then I can  make the argument that only people who actually own real estate in Orange County should be allowed to vote or have an opinion on this matter.   

I really hate the connotation that the people who oppose the tax are somehow stingy, or that anyone who supports it is  trying to make a money grab.    I'm personally just tired of us imposing another tax on existing infrastructure when we need $$ rather than encouraging and allowing development that wants to pay taxes in this community and won't use our most expensive services---schools and human services.  

But how free are people NOT to use a realtor to sell their home? Certainly less free than they are if they are selling a car. If I want to sell my used 1995 car, I can go to autotrader.com and put an ad directly on the web to sell my car.

I can get 3 weeks of nationwide exposure for $35. I have the information on my car, I can input it to the website and so on. I don't have to go to a "car buying and selling expert agent" to hold my hand to do this for me.

Can I do this to sell my house using the MLS? No, as an individual, I cannot. And I cannot do this because the National Association of Realtors engages in anti-competitive practices to preserve the status quo which mostly locks up the MLS for mainline realtors.

Ford, General Motors, and Mark Jacobs Toyota are not out actively lobbying to prevent my access as a seller to a national database of cars. Why should houses be different?

From the WAPost article I cited above:

In the lawsuit, filed in the U.S. District Court in Chicago, where the Realtors have their headquarters, the government alleged that the association -- particularly its traditional broker members -- has sought to maintain a "policy that restrains competition from brokers who use the Internet to more efficiently and cost effectively serve home sellers and buyers."

There are some people who surely want all the services a realtor provides. I have no problem with realtors providing those services. I do have a problem with an organization that uses lobbying clout to set up a restrictive information environment in order to push people to go to a traditional realtor in order to place a home on the MLS.

And why is this relevant to the LTT debate? The most visible anti-LTT group is waving the banner of affordability in real estate transactions as a reason to oppose the tax. If they were really concerned about affordability issues, they would not engage in anti-competitive practices to restrict access to homeselling data, which produces a less efficient market in real estate transactions, and makes real estate transactions more costly than they should be for buyers and HOMEOWNERS.

So technically, no, you don't need a realtor to sell a home. But the realty industry does its best to make it hard for you to be successful without them.

Based on these activities, I don't find the realtors credible when they talk about concerns about affordability.

I think Anita is correct in that this really isn't a discussion about realtor fees. Start a new thread if you want to discuss that. I really don't see what fees have to do with the TT at all. Or maybe things like the $15 you spent to stick your classifed ad in the paper should be discussed, too...?
And I can't use Monster to advertise for employees unless I pay their fee....  The MLS is a privately developed database.  They OWN it.  They pay for it.  They charge you to use it.  I'll stop now. 

Just a follow-up on this issue. This week the Realtors settled with the Justice Dept. The arguments above missed what was always the point- the Realtors did run a database, but even if you were willing to pay for it, they would only let you do so if you followed their business model and charged 6% commissions, which depended on preventing more efficient (read: lower costs to consumers) online realtors out of the market.

Part of the settlement is that the Realtors get to avoid admitting any wrongdoing, which of course, is important to a group that specializes in spreading disinformation to the public to achieve its goals.

Key excertps from the NY Times article Realtors Agree to Stop Blocking Websites:

 

 

 

The settlement “is a win for consumers, certainly, who will now have the benefit of unrestricted competition,” Deborah A. Garza, deputy assistant attorney general for antitrust, said in an interview. “There inevitably will be more efficiency and more competition in the market.”
also:
In one instance, the Justice Department said an unnamed online broker was forced to shut down its Web site because all the traditional brokers on the local listing service, in response to the national association’s policy, had withheld their listings from the online broker. After the Justice Department sued the Realtors’ association in 2005, the group suspended the exclusionary policy. Officials said the settlement would ensure that online brokers are given full access and that its policies are made uniform. “For us, it’s a great result,” said Pat Lashinsky, chief executive of ZipRealty in Emeryville, Calif., which offers online users rebates of up to 20 percent off standard sales commissions. “We think it’s a great result for consumers.” Norman Hawker, a business professor at Western Michigan University who organized a symposium on the Justice Department litigation as a senior fellow for the American Antitrust Institute, predicted that the settlement would ultimately mean a drop in sales commissions of 25 percent to 50 percent as a result of increased competition. “It’s pretty clear that there was an enormous amount of discrimination against brokers who were trying to use innovative business models,” including discounted fees and virtual offices on the Internet, he said. “There are lots of entrepreneurs who have been looking for a green light in the form of this order to begin offering discounted rates. It has the potential to be a big step forward for consumers.”

On the website for "Real Orange County Citizens Working for the Best Option to Fund our Schools and Parks" it says "Capital needs, like new schools require large sums that are obtained by issuing bonds. Currently, the County has reached its self-imposed borrowing limits, but still has necessary, unmet needs for schools and parks." But missing from that statement, and from the entire site, is any ackowledgement of the existing $3,000 school impact fee imposed on new development specifically for the purpose of capital construction of new school facilities.

Can someone explain to me why the currently intact and approved school impact fee is not sufficient for financing "the expansion of the public school facilities in the county necessary to maintain current levels of service while accommodating new residential growth"?

Good question Terri.

I don't support the transfer tax for the following reasons:

1.  I think it is wrong to tax people as they exit our community.  They aren't the ones creating the demand for services. 

2.  It doesn't address the real issue, which is that we have too much 'revenue-negative' property (or revenue exempt property)  sitting on our tax rolls.  We need to make the pie bigger and mixed better with development that pays taxes but doesn't consume the big ticket service items like schools and human services.

3.  It is unpredictable and can flucuate a lot depending on the real estate market.   If what we need is a dependable revenue stream that we can count on to pay our county's bills, then this isn't it.

4.  The timing is wrong.  We're in a down market.  The people who are most likely to sell in a down market are people who are highly leveraged to begin with, and who have owned their homes less than five years.  I don't think they have a lot of equity to part with.   I am concerned about them.  Last time I checked, a thousand dollars was a lot of money to a lot of people.   I cringe a little when I hear people talk about "only" a thousand dollars.   I know someone right now who  probably doesn't have enough equity in her townhouse to pay the additional tax.  You can sit in judgment about why, but  she's just trying to deal with a complicated situation --medical bills coupled with a market downturn,  combined with being highly leveraged in the first place in order to achieve her dream of home ownership.      I don't want to see her borrowing money to sell her townhome. 

5.   It's not a tax on net profits,  it's a tax on sales price.   No deductions for what it cost to sell the property, including repairs, legal fees, and commissions, if a broker is used.   NO deduction for repaying liens on the property.   I don't know of another thing we "sell" where we pay taxes on the entire price we get---even when you sell stocks or real estate, you only pay taxes on the profit you realize, not on the entire sales price.    It is possible for someone to wind up negative in this transaction, and I don't think that's what we want or what we intended.   (and before someone points out that realtor commissions are based on sales price,  let me just say again that the use of a realtor is voluntary  and paying this tax will not be.)

    _____________

We all have the same goal in mind--to figure out how pay for the services we use.   If we are going to go through the cost and process of a public referendum, then I would have preferred to have more options on  the table than this.   People who are opposed to this tax are not necessarily opposed to other revenue generating options. 

Ok, I'm done.   I appreciate that we can vote on this matter.  Democracy is a great thing.  

I was leaning towards voting for. If you didn't change my mind, you certainly made me think more than twice about my vote.
This county document lists the impact fees as of 2001 and indicates that they have been revised several times since the legislature first gave the county the right to levy an impact fee back in 1993. So now I understand that the legislature sets the fee that can be imposed. What I don't understand is why Orange County wouldn't simply ask the legislature to increase the fee instead of adopting the land transfer tax.
I think its because the impact fees would have to be many times higher (like ten times) in order to meet all of Orange County's school construction needs - not a very realistic way to fund the whole problem.

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