Historically, assessment and property taxes were dealt with as separate entities: • Assessed Values were set • Tax rates reflected budgetary requirements Assessed Value X Tax Rate = Property Taxes 2 Introduction of “Capping” created a new assessment / tax relationship Taxes became the base for allowable % increases and claw-backs BUT, only certain types of assessment revisions affect the tax calculation 3 “Annualized Taxes” refers to the year-end tax calculation that reflects, legislated capping limits optional capping parameters & includes: allowable assessment changes 4 “Allowable” assessment changes that revise taxes include: Physical changes (e.g. improvements, additions, demolitions) Changes in use (i.e. classification changes) Reconsiderations & ARB decisions which reflect the changes above 5 “Equity” changes do not revise Taxes Opinion of Value Change in Valuation Method [unless legislated under s. 32(4) of Assessment Act] Corrections 6 Calculation of annualized taxes required a new process: Identify type of change (equity vs. physical) Separate the CVA associated with each type 7 Such a breakdown not explicitly provided in: Reconsideration Minutes ARB Decisions/Minutes Only clearly allowable changes are supps/omits 8 Identification/Separation process relied on MPAC involvement Need for consultation, especially in reassessment year, time-consuming for OPTA & municipalities and labourintensive for MPAC But we managed! 9 Phase-In scheme has introduced new requirements: 2005 base year CVA can only be adjusted for physical changes equity changes (i.e. non-physical or opinion of value) adjust the 2008 base year CVA, but not the 2005 base year or tax calculation 10 The Assessment & Tax World have now come together! Phase-In adjustments are essentially the same as Annualized Tax adjustments! Identification/Separation process requiring detailed breakdowns now extends to the Phase-In Calculation 11 Allowable changes must be incorporated into annualized tax calculation for commercial, industrial & multi-residential properties Obvious physical changes that revise CVA include Omitted & Supplementary assessments (e.g. new building, improvement, class change) Demolitions 12 Majority of ARB decisions/minutes, Reconsideration minutes and Year-End changes do not differentiate physical from equity changes Review required to identify the type of changes responsible for the revised CVA: Physical – Revises Annualized Taxes Equity Mix of Physical & Equity – No Impact on Annualized Taxes – Annualized Taxes revised for physical portion only 13 Where a mix of physical and equity changes is identified, CVA details by classification (RTC/RTQ) are required: CVA attributed to physical change(s) by class CVA attributed to equity change(s) by class Annualized taxes are revised to reflect these apportionments of the previous year CVA As apportionments are not formally issued, taxpayers can only challenge the revised annualized tax calculation and not the assessment breakdown 14 Phase-In introduced as an additional tax mitigation method for the new 4-year reassessment cycle Assessment increases limited to 25% per year based on difference between 2005 base year CVA and 2008 base year CVA Applies to all properties (i.e., capped & non-capped) 15 Maintenance of 2005 base year CVA and 2008 base year CVA required to calculate amount of phase-in each year Taxes for the year reflect changes made: for physical changes captured in the 2005 base year CVA Onus for adjusting the 2005 base year CVA falls solely on MPAC 16 Phase-in requires time adjustment to set 2005 CVA where a physical change affects 2008 CVA 2005 CVA and 2008 CVA should value the property in the same condition, i.e. including the same assessment changes For physical changes only, 2008 base year CVA is factored to 2005 base year CVA by applying either of the: Municipal Discount Factor (MDF) Property Specific Discount Factor (PSDF) 17 Allowable changes must be incorporated into annualized tax calculation for all properties Omitted & Supplementary assessments (e.g. new building, improvement, class change) are physical changes that revise CVA Increase in 2008 CVA is factored by MDF or PSDF and added to 2005 CVA Phase-In amounts are recalculated based on revised 2005 CVA and revised 2008 CVA 18 Reconsideration minutes, ARB decisions/minutes and Year-End changes rarely identify a change as physical or equity However, annualized tax calculation requires such details for all properties: Type of change (physical or equity) Class(es) affected CVA associated with each type of change by Class (RTC/RTQ) 19 Physical changes 2005 CVA attributed to the physical change(s) is added/removed from the original 2005 CVA Adjusted 2005 CVA is used by OPTA and municipalities to adjust the annualized taxes Equity changes No adjustment to the 2005 CVA or annualized taxes Tax impact differs depending on type of assessment change! 20 2009 Roll Reduction: $2,000,000 (2008 CVA) Demolition: $1,000,000 (2008 CVA) Equity: $1,000,000 (2008 CVA) According to regulations, 2005 CVA should only be adjusted for physical changes, i.e., in proportion to the 2008 CVA associated with the physical changes Phase-in amounts would be calculated using revised 2005 CVA and 2008 CVA 21 2009 Roll Reduction: $2,000,000 (2008 CVA) Demolition: $1,000,000 (2008 CVA) Equity: $1,000,000 (2008 CVA) Demolition Identified Value associated with Demolition ($1,000,000) would be removed from 2005 CVA in tandem with 2008 CVA (Sections 48 and 48.1 of O. Reg. 282/98) Phase-in amounts would be calculated using revised 2005 CVA and 2008 CVA 22 Demolition Identified 2005 CVA Adjustment reflected on the Reconsideration If the PSDF was 0.812, property would receive a reduction of $812,000 in the 2005 CVA Based on a tax rate of 3%, the annualized taxes effective at the beginning of the 2009 tax year would be reduced by $24,360 23 2009 Roll Reduction: $2,000,000 (2008 CVA) Demolition: $1,000,000 (2008 CVA) Equity: $1,000,000 (2008 CVA) Demolition Not Identified 2005 CVA is not adjusted in Recon Minutes Entire $2,000,000 reduction would be phasedin over the four year cycle (Note: Assumes that a phase-in calculation applies, i.e., 2008 CVA is greater than the 2005 CVA) 24 Demolition Not Identified 2005 CVA Adjustment not reflected in the Minutes and the 2005 CVA not adjusted If entire $2M reduction treated as an opinion of value/equity change, no change to 2005 CVA No 2005 CVA change means no change to the annualized taxes for the affected year Property owner will see no reduction in CVA or in annualized taxes beginning in the 2009 tax year CVA reduction will be phased-in over four years 25 2009 Roll Increase: $2,000,000 (2008 CVA) Improvement: Equity: $1,000,000 (2008 CVA) $1,000,000 (2008 CVA) Opposite scenario: ARB decision supports municipality’s appeal to increase assessment Again, 2005 CVA should only be adjusted for physical changes and not equity changes Phase-in amounts would be calculated using revised 2005 CVA and 2008 CVA 27 2009 Roll Increase: $2,000,000 (2008 CVA) Improvement: Equity: $1,000,000 (2008 CVA) $1,000,000 (2008 CVA) Improvement Identified Value associated with Improvement ($1,000,000) would be added to 2008 CVA and factored by MDF or PSDF to set 2005 CVA equivalent increase (Sections 48 and 48.1 of O. Reg. 282/98) Phase-in amounts would be calculated using revised 2005 CVA and 2008 CVA 28 Improvement Identified 2005 CVA Adjustment reflected in ARB decision/minutes If the PSDF was 0.812, the 2005 CVA of the property would increase by $812,000 Based on a tax rate of 3%, the annualized taxes effective at the beginning of the 2009 tax year would be increased by $24,360 29 2009 Roll Increase: $2,000,000 (2008 CVA) Improvement: Equity: $1,000,000 (2008 CVA) $1,000,000 (2008 CVA) Improvement Not Identified 2005 CVA not adjusted by decision/minutes Entire $2,000,000 increase would be phased-in over the four year cycle (Note: Assumes that a phase-in calculation applies, i.e., 2008 CVA is greater than the 2005 CVA) 30 Phase-in rules only allow adjustments to the 2005 CVA which is used to calculate annualized taxes for physical changes This now casts doubt on long-standing premise that assessment is separate from taxation: The calculation of property taxes can no longer be seen as a tax issue alone; it has evolved into an assessment issue that affects everyone! 32 Thought for the Day: If we ensure that Minutes of Settlement reflect not only the total CVA change by class, but also include details about what part is physical and what part is equity, together with their associated CVAs, we will all be better served. 33 Thank you!
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