On February 3, Legislative Director Kevin Kinnally submitted written testimony to the Ways and Means Committee in opposition to HB 82 – Recordation and Transfer Taxes – Exemption for Related Business Entities – Common Law Trusts.
HB 82 creates a new tax avoidance pathway that directly erodes county revenues, removes local discretion, and provides no public benefit in return. The bill expands existing exemptions in a way that benefits a narrow, sophisticated group of commercial property owners while shifting costs to counties and, ultimately, residents.
The bill does not incentivize housing production, redevelopment, nor
job creation. It does not target distressed properties or advance any public policy objective. Instead, it facilitates the restructuring of ownership interests on paper to avoid taxes that would otherwise apply. Homeowners and small businesses that lack access to complex trust structures continue to pay full taxes, while considerable commercial transactions gain a new exemption.
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job creation. It does not target distressed properties or advance any public policy objective. Instead, it facilitates the restructuring of ownership interests on paper to avoid taxes that would otherwise apply. Homeowners and small businesses that lack access to complex trust structures continue to pay full taxes, while considerable commercial transactions gain a new exemption.