Exemption for Deeds of Sale Under a Decree of the Superior Court Pertaining to Foreclosure by Sale Reinstated: The judicial foreclosure process in Connecticut is carried out by either strict foreclosure or a decree of sale. In the case of a decree of sale, the court establishes the time and manner of the sale; appoints a committee to sell the property; and appoints three appraisers to determine the value of the property. The committee then proceeds to sell the real property. As evidence of the sale, a deed (commonly referred to as a committee deed) is issued to the purchaser.
2009 Conn. Pub. Acts 3, §114 (June Spec. Sess.) amended Conn. Gen. Stat. §Conn. Gen. Stat. §12-498(a)(9) to repeal the real estate conveyance tax exemption for deeds made under a decree of the Superior Court pertaining to foreclosures by sale. Effective October 1, 2010, 2010 Conn. Pub. Acts 1, §2 (June Spec. Sess.) reinstates the real estate conveyance tax exemption for deeds made under a decree of the Superior Court pertaining to foreclosures by sale. As a result, deeds made under a decree of sale conveying an interest in real property on or after January 1, 2010, and before October 1, 2010, are subject to the real estate conveyance tax. However, deeds made under a decree of sale conveying an interest in real property on or after October 1, 2010, will not be subject to the real estate conveyance tax.
Two New Exemptions From the Real Estate Conveyance Tax: Conn. Gen. Stat. §12-498(a) was amended to add two new exemptions to the real estate conveyance taxes. There is a new exemption for:
Deeds of sale in lieu of foreclosure that transfer the transferor’s principal residence; and
Any instrument transferring a principal residence where the gross purchase price is insufficient to pay the sum of:
The mortgages encumbering the property transferred; and
Any real estate taxes and other charges for which the municipality may place a lien (such as sewer taxes) and which have priority over the mortgages encumbering the property transferred (short sales).
These two new exemptions are effective with respect to deeds of sale that convey an interest in real property on or after October 1, 2010.
For Further Information: Call DRS during business hours, Monday through Friday:
1-800-382-9463 (Connecticut calls outside the Greater Hartford calling area only); or
860-297-5962 (from anywhere).
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Forms and Publications: Visit the DRS website at www.ct.gov/DRS to download and print Connecticut tax forms and publications.
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Business and individual taxpayers can use the Taxpayer Service Center (TSC) at www.ct.gov/TSC to file a variety of tax returns, update account information, and make payments online.
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Real Estate Conveyance Tax