Real Estate Excise Tax.
Real Estate Excise Tax (REET) applies to real estate transactions including the sale of property and the transfer of controlling interest in property. The rate applies to the selling price and is usually paid by the seller. The REET is due and payable to the county treasurer in which the property is located on the date of the sale, regardless of the date of recording, except in a controlling interest transfer. The REET is imposed at the following rates:
Local governments are authorized to impose a local REET in addition to the state rate. The two main local REET options are:
Local REET capital projects are local government public works projects for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of:
Additionally, there are several other local REET options for local governments:
Affordable Housing REET.
The REET option that is available to a county that imposed the full 1 percent for conservation areas prior to January 1, 2003 may only be imposed if approved by a majority of the voters and it is for a specified period. The tax is an obligation on both the buyer and the seller. The county legislative authority determines the obligation terms, with at least 50 percent being the obligation of the buyer.
Revenues from the tax must be used exclusively for development of affordable housing, including acquisition, building, rehabilitation, and maintenance and operation of housing for very low-, low-, and moderate-income people and those with special needs. Revenues must be placed in an affordable housing account, and disbursements from the account must be made via a competitive grant and loan process.
The requirement that a county must have imposed a 1 percent tax for conservation areas in order to establish an affordable housing REET is eliminated. All counties are given the ability to impose an affordable housing REET option.
If a county has not imposed the affordable housing REET by January 1, 2027, then the authority to do so goes to any city.