Commerical Property Tax Loophole

Ohio Supreme Court Deals Blow to Sales Designed to Take Advantage of a Property Tax Loophole

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On Thursday, the Ohio Supreme Court ruled that evidence of a commercial real estate transaction depends on the intent of the parties and the building transferred, not the structure of the sale. The court invalidated the "drop LLC" sale of 4121 Palmer Park Circle East, which would have deprived public coffers of about $273,000 a year in tax money, based on a lower valuation of the property. Eye on Ohio featured the case in its August 2019 investigation of the commercial property tax loophole in Ohio, which costs the median Franklin County commercial business property owner an average of at least $4,893 per year. A property owner with a $100,000 property in Columbus' tax district 10, where Palmer House is located, pays at least $1,800 extra. In December 2014, Palmer Square sold an apartment building to PPG Manhattan Real Estate Partners LLC.

entity sales

How Much are you Overpaying in Property Tax?

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Commercial Property Sales Loophole Costs Small Business Owners Thousands

This investigation made possible via a grant from the Pulitzer Center for Crisis Reporting. 

When Palmer Square, LLC recently wanted to sell their apartment building at 4121 Palmer Park Circle East in Columbus, they went through all the usual hoops that most homeowners are familiar with: they executed a purchase contract with the buyer, Manhattan Real Estate Partners, LLC, they ordered an inspection, and they obtained title insurance. 

But selling the property outright would have cost $65,000 in conveyance fee taxes, and annual property tax would bump up an additional $309,000 dollars per year, with the property now valued at the agreed to purchase price of $35.25 million instead of the auditor’s value of $24.5 million. So instead, Palmer Square formed Palmer House Borrower, LLC. That new business received the property at 4121 Palmer Park Circle and its mortgage. Then they technically sold the business, and not the property. Conveyance tax due to Franklin County: $0. 

Palmer Square is one of hundreds of such property deals taking place throughout the state of Ohio every year, and they are legal.

anonymous donors

Q&A: Experts Discuss How to Find Undisclosed Campaign Donors

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On Tuesday, a panel of top researchers, policy experts, and legal minds discussed lessons learned from the 2018 election and how groups- both liberal and conservative- have gotten better at hiding the source of campaign messages. (See video below.)

PANEL 1: Following dark money trail through 2020

Michael Beckel, Issue One, Manager of Research, Investigations and Policy AnalysisBio: Michael’s latest project, “Dark Money Illuminated” revealed that 75% of dark money spending since Citizens United came from just 15 dark money groups. Before joining Issue One in March 2017, Michael spent roughly a decade as an award-winning journalist following the money in politics, including stints at the Center for Public Integrity and Center for Responsive Politics. Anna Massoglia, The Center for Responsive Politics, Nonprofits and FARA ResearcherBio: Anna researches foreign influence and dark money in politics for the Center for Responsive Politics, working on the OpenSecrets’ Foreign Lobby Watch project, dark money database and FCC political advertising database. Anna holds a J.D. from the University of the District of Columbia and worked previously at Bloomberg BNA.

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How do the issues affect Ohio voter choices?

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Ahead of the election this week, Eye on Ohio took a quick look at how major issues could sway voters still on the fence. "Even though the election is Tuesday, there are still a lot of undecided voters. We are fairly certain that Democrat Sherrod Brown will win the U.S. Senate race in Ohio, but most of the races (e.g., the governor's race and the down-ballot races) are toss-ups," said Dr. Lauren Copeland, Associate Director of the Community Research Institute at Baldwin Wallace University, who has used survey data in her research since 2009.  "The outcome of the gubernatorial race will hinge on turnout and how late deciders break. If history is any guide, Cordray might be able to ride Brown’s coattails to the finish line because the same party tends to win the subernatorial and the senate races." But Copeland cautioned against accepting polls as the whole picture.

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Surprise Supreme Court Reaction to Ohio Controversy Prompts More Campaign Disclosures Nationally Right Before the Election

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A look at the 12 groups who haven't disclosed their donors in state elections; The 501(c)(4) with no trace
The identities of many political donors can no longer be hidden behind a nonprofit shield, a D.C. Circuit judge recently ruled, in a case that started in Ohio. The Supreme Court’s decision not to issue an emergency stay on that ruling sent election groups around the country scrambling to comply with new disclosure rules just weeks before Nov. 6. After Ohio Senator Sherrod Brown faced a $6 million attack campaign funded by anonymous donors in 2012, Citizens for Responsibility and Ethics in Washington complained to the FEC that Crossroads GPS, an major conservative nonprofit, should have to disclose their donors. When the FEC dismissed their complaint, they sued in 2016.

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Ohio Attorney General faces legal action after Eye on Ohio story

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Columbus— A new complaint before the Ohio Elections Commission alleges that the Ohio Attorney General’s practice of hiring debt subcontractors violates state law. J. Whitfield Larrabee, a left-leaning activist, filed the complaint Thursday, citing a recent article by the Ohio Center for Investigative Journalism as exhibit A. The article noted that under current Republican Attorney General Mike DeWine, and his Democratic predecessor Richard Cordray, large campaign contributors were much more likely to get large collections contracts. Both DeWine and Cordray are currently running for governor. Larrabee alleged, in his 27-page brief, that “DeWine’s scheme to economically coerce contractors to make campaign contributions amounts to extortion, fraud and racketeering in violation of Ohio and federal law.”

DeWine’s campaign spokesman, Joshua Eck, said in response: “This is nothing more than political grandstanding by a Massachusetts liberal. This complaint is frivolous and will go nowhere.”

Larrabee practices employment and health law from his suburban Boston office.

Sidebar: The Lobbyist Impact

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The Ohio Attorney General's office disputes the notion that campaign contributions influence how it awards debt collection work. But another factor – hiring a lobbyist – has had a big impact.