4167331 Proposed rulemaking to define the phrase "residential properties" for purposes of determining recordation and transfer taxes.

OFFICE OF TAX AND REVENUE

 

NOTICE OF PROPOSED RULEMAKING

 

The Deputy Chief Financial Officer of the District of Columbia Office of Tax and Revenue (OTR) of the Office of the Chief Financial Officer, pursuant to the authority set forth in D.C. Official Code §§ 42-1117 and 47-916, Section 201(a) of the 2005 District of Columbia Omnibus Authorization Act, approved October 16, 2006 (120 Stat. 2019; P.L. 109-356, D.C. Official Code § 1-204.24d (2012 Supp.)) of the Home Rule Act, and the Office of the Chief Financial Officer Financial Management and Control Order No. 00-5, effective June 7, 2000, hereby gives notice of its intent to amend Chapter 5, TAX ON RECORDATION OF DEEDS, of Title 9 of the District of Columbia Municipal Regulations (DCMR), by adding a new Section 527, Residential Properties, and Chapter 6, REAL PROPERTY TRANSFER TAX, of Title 9 of the DCMR, by adding a new Section 612, Residential Properties.

 

The proposed amendments will provide needed clarification on the District’s position and consistent interpretation of the phrase “residential properties” as referenced by D.C. Code § 42-1103(a-4) and D.C. Code § 47-903(a-4).  The sections will clearly identify what types of properties shall be considered residential properties for purposes of imposing the recordation tax pursuant to D.C. Official Code § 42-1103 and the transfer tax pursuant to D.C. Official Code § 47-903. 

 

OTR gives notice of its intent to take final rulemaking action to adopt these regulations in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

Chapter 5 of Title 9 DCMR is amended as follows:

 

A new Section 527, Residential Properties, is added to read as follows:

 

527      The phrase “residential properties” as referenced in D.C. Official Code § 42-1103(a-4) shall have the same meaning as Class 1 Property, as defined by D.C. Official Code § 47-813(c-8)(2), or such other section under D.C. Official Code § 47-813 as may supersede D.C. Official Code § 47-813(c-8)(2).

 

Chapter 6 of Title 9 DCMR is amended as follows:

 

A new Section 612, Residential Properties, is added to read as follows:

 

612      The phrase “residential properties” as referenced in D.C. Official Code § 47-903(a-4) shall have the same meaning as Class 1 Property, as defined by D.C. Official Code § 47-813(c-8)(2), or such other section under D.C. Official Code § 47-813 as may supersede D.C. Official Code § 47-813(c-8)(2).

 

Comments on this proposed rulemaking should be submitted to Sonia Kamboh, Assistant General Counsel, Office of Tax and Revenue, no later than thirty (30) days after publication of this notice in the D.C. Register.  Sonia Kamboh may be contacted by: mail at DC Office of Tax and Revenue, 1101 4^th Street, SW, Suite 750, Washington, DC 20024; telephone at [phone]; or, email at [e-mail]. Copies of this rule and related information may be obtained by contacting Sonia Kamboh as stated above.