Donald Trump’s business reported conflicting information about a key metric to New York City property tax officials and a lender who arranged financing for his signature building, Trump Tower in Manhattan, according to tax and loan documents obtained by ProPublica. The findings add a third major Trump property to two for which ProPublica revealed similar discrepancies last month.
In the latest case, the occupancy rate of the Trump Tower’s commercial space was listed, over three consecutive years, as 11, 16 and 16 percentage points higher in filings to a lender than in reports to city tax officials, records show.
For example, as of December 2011 and June 2012, respectively, Trump’s business told the lender that 99% and 98.7% of the tower’s commercial space was occupied, according to a prospectus for the loan. The figures were taken from “borrower financials,” the prospectus stated.
In tax filings, however, Trump’s business said the building’s occupancy was 83% in January 2012 and the same a year later. The 16 percentage point gap between the loan and tax filings is a “very significant difference,” said Susan Mancuso, an attorney who specializes in New York property tax.
A spokesperson for the Trump Organization said that “comparing the various reports is comparing apples to oranges” because reporting requirements differ.
Trump had much to gain by showing a high occupancy rate to lenders in 2012: He refinanced his share of Trump Tower that year and obtained a $100 million loan on favorable terms.
The vast majority of the gap between occupancy figures could be explained by diverging reports on how much space the Trump Organization used in Trump Tower. In loan documents, the company said it and its affiliates occupied 74,900 square feet in mid-2012, or 31% of the building. But tax reports from the January before and after listed the company and related parties as occupying 41,600 square feet — or about 18% of the tower.
“I cannot give you an explanation,” said Kevin Riordan, a financing expert, former accountant and real estate professor at Montclair State University who reviewed the tax and loan records for Trump Tower at ProPublica’s request.
More than a dozen tax and finance experts, presented with ProPublica’s earlier findings, also said they could not decipher a reason for the differences. As with Trump Tower, the discrepancies made the two properties — a skyscraper located at 40 Wall Street and the Trump International Hotel and Tower near Columbus Circle — appear more profitable to the lender and less so to property tax officials.
Those discrepancies were “versions of fraud,” according to Nancy Wallace, a professor of finance and real estate at the Haas School of Business at the University of California-Berkeley. The penalties for false filings can include fines or criminal charges.
