If you are a member of a traditional club (not an equity club) that operates as a not for profit, what are your rights to revenue from a sale? What are the tax implications? I suspect in my jurisdiction that the Attorney General's office might have something to say about the disposition of the proceeds. Is there anyone here who has faced this scenario?
Rory:
My understanding is that in Pennsylvania an entity developing a property previously benefiting from a reduced real estate tax rate, like most private golf clubs, is subject to a ten year look back on the real estate taxes owed on the new higher improved value.
Not sure if it is on the unimproved or improved value. But let's say in a desirable location with minimal available land and each unimproved lot is worth $400,000 and each improved lot is worth $1,200,00 and a course can be developed into 100 new homes.
Unimproved:
100 lots x
$400,000 per lot =
$40,000,000 unimproved value
1% of value tax rate x unimproved value of $40,000,000 = $400,000
Less tax rate as open space say $100,00
$300,000 x 10 = $3,000,000 taxes owed
Or if on the improved value:
100 lots x
$1,200,000 per lot =
$120,000,000 improved value
1% of value tax rate x improved value of $120,000,000 = $1,200,000
Less tax rate as open space say $100,00
$1,000,000 x 10 = $11,000,000 taxes owed
Not sure how it's calculated but the difference is real and significant.