Trust This. Non-Floridian Tax

Trust This Newsletter

4. Parting shot - Something to think about that I heard at a community meeting this week: Why does S

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Trust This.

By Joseph E. Seagle, Esq. ● Aug 05, 2022

Smart Brevity® count: 3 mins...844 words

👋 Happy Friday! How can I tell the 🏘️ housing market is turning? I’m getting more spam texts and phone calls asking me to buy a property instead of to sell a property.

1. A tax on non-Florida investors

Illustration for column about carbon taxes

A local Florida state senator proposed that a special tax be assessed on out-of-state companies and individuals investing in Florida real estate.

Part of a three-part plan laid out by Sen. Randolph Bracy, the tax portion is a new twist. It would apply to housing purchased by corporations and individuals with out-of-state addresses, including “snowbirds.”

The other two parts of the plan call for local incentives for the development of community affordable housing and tax breaks and grants for developers willing to set aside portions of new developments for affordable housing.

What's next: A potential ballot measure that would put a one-year cap on rent increases is also on the table at next week’s Commission meeting.

The tax would function much like the “tax” or fees that new incoming residents pay when registering their car in Florida. These fees or taxes would be used to finance affordable housing incentives.

Other states with income taxes charge a tax that is collected when a non-resident of the state sells real estate located in the state. The tax is a percentage of the sales price and is collected at closing and then sent to the state’s revenue department. So it’s not unheard of.

Avoiding the tax would be easy for corporations, and constitutional issues will need to be worked out.

The bottom line: These are just proposals. To be part of the discussion, participating in the August 9 meeting is essential.

Go Deeper

2. More insurance moves

Illustration of a mobile phone displaying an umbrella and surrounded by a small wall of concrete bags

In the continuing soap opera that is swirling around Florida’s homeowner’s insurance industry, Demotech this week withdrew ratings of two Florida insurers and downgraded two companies.

Why it matters: At least the rating agency didn’t downgrade 27 companies as it had planned to do last week. If an insurer is downgraded from “A” to “M” or “S” status, most conventional mortgage lenders will not accept the insurance. If an insurer is simply not rated at all, then no mortgage lender should accept the insurance coverage as adequate.

Demotech downgraded the following companies from “A Prime” to “A”:

  1. Florida Family Insurance Company

  2. Florida Family Home Insurance Company

  3. Ocean Harbor Casualty Insurance Company

It downgraded the Financial Stability Rating of United Property & Casualty Insurance Company from A to M (“Moderate”). Most mortgage lenders only accept insurers rated at some level of “A” when making and holding mortgage loans. Ratings of “M” or “S” (satisfactory) won’t cut it.

Weston Property Insurance and FedNat were dropped from Demotech’s ratings. Any borrower whose property is insured by one of these companies, or United, will have to find new insurance coverage. Being dropped from ratings is an indication that the company’s solvency is in question and could be going into liquidation.

By the numbers:

  • Floridians pay three times the amount for insurance compared with other states at an average of $4,231 a year versus the national average of $1,544.

  • Citizens Insurance Company, the state-backed insurer of last resort has $6.7 billion in reserves and $11.3 in claims-paying ability.

Good advice heard today from a client:

As soon as I get insurance on a property, I start shopping for a new policy. I’m always shopping, because I’ve been dropped so many times and had so many companies liquidated out from under me.

Go Deeper

3. What you missed

PHONE BOOTH
  1. The housing slowdown is here and once-hot “Zoom Towns” are fizzling fast. Axios Markets

  2. The national average mortgage rate fell below five percent, so if you’re thinking of buying, now is a good time. Next week … who knows? Axios Markets

  3. Orlando rents increased 18.7% in the second quarter versus the previous year. That’s the highest percentage of rent increase in the nation, and puts the average rent at $1,819 which is $150 higher than it was in January. Orlando Sentinel

  4. Equifax sent lenders millions of inaccurate credit scores on applicants for car loans, credit cards, and mortgages for three weeks earlier this year leading to wrongful denials/approvals and interest rates that maybe shouldn’t have applied. Wall Street Journal

  5. The 10 best and most affordable places to retire. Realtor

4. Parting shot

Orange Bird of Paradise flower
The birds of paradise are flocking to their corner of the yard this month.

Something to think about that I heard at a community meeting this week: Why does Sunbiz have a place to insert your company’s employer identification number? How many companies have had their identities compromised because it’s out there? What statute or regulation requires that it be entered on the annual report? Should I just not enter it on the report?

Reminds me of this Men at Work ‘80’s classic. If you want to catch up with the band, they’re performing with Rick Springfield tonight in St. Augustine at 7 pm. Tickets are still available.

We hope you found this helpful — any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.

Be on the lookout for our next issue! 👋

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