4226792 The phrase "residential properties" is defined for for purposes of the 1.1% security interest recordation tax.

OFFICE OF TAX AND REVENUE

 

NOTICE OF FINAL 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 (2010 Repl.) and 47-916 (2005 Repl.); 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.));and the Office of the Chief Financial Officer Financial Management and Control Order No. 00-5, effective June 7, 2000, hereby gives notice of the adoption of final rulemaking 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 rules were previously published as proposed rulemaking in the D.C. Register on February 1, 2013 at 60 DCR 1194.

 

The amendments provide needed clarification on the District’s position and consistent interpretation of the phrase “residential properties” as referenced by D.C. Official Code §§ 42-1103(a-4) and 47-903(a-4).  The sections 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. 

 

Two comments were received concerning the proposed rulemaking, and due consideration was given to the comments.  OTR took final rulemaking action on March 4, 2013. This final rulemaking is identical to the published text of the proposed rulemaking.  This final rulemaking shall become effective upon 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).