Department of Infrastructure Building & Real Estate Economics Royal Institute of Technology Master of Science Thesis 234 PROPERTY TAXES AND REVENUE GENERATION: THE CASE OF SWEDEN. ________________________________________________________ Author Supervisor Ahmed Baah Futa Hans Lind Stockholm, February 2004 TABLE OF CONTENTS 1 1.1 1.2 1.3 1.4 1.5 1.6 INTRODUCTION…………………………………………………………………….7 Background…………………………………………………………………………....7 Statement of Problem…………………………….……………………………….….8 Objectives……………………………………………………………………….. …....9 Scope&Methodology……………………………………………………….…………9 Limitations of Study…………………………………………………………………..9 Structure of Thesis…………………………………………………………………..10 2 2.1 2.2 2.3 2.4 2.5 2.6 TAXES AND REVENUE GENERATION………………………………………...11 Characteristics of a Good Tax System……………………………………………..11 Requirements of a local tax…………………………………………………………12 Sources of local Revenue…………………………………………………….……...11 Emergence of Property Taxes……………………………………………………....13 Merits and Demerits of Property Tax……………………………………………...14 Property Tax as a Local Tax………………………………………………………..15 3 3.1 CENTRAL GOVERNMENT TAX REVENUE…………………………………...17 Sources of Tax Revenue for Central Government………………………………...18 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 LOCAL GOVERNMENT AND REVENUE GENERATION…………………...21 Local Government Concept………………..……………………………………….21 Local Government and taxation in Sweden……………………………………….21 Functions of Municipalities…………………………………………………………23 Financing Local Government Activities…………………………………………...24 Local Government expenditures…………………………………………………...25 Equalization Principle……………………………………………………………....27 International Tax Quota……………………………………………………………28 5 5.1 5.2 5.3 POLITICAL PARTIES AND PROPERTY TAXATION………………………..30 Political Parties……………………………………………………………………...30 Views on Property Taxation………………………………………………………..30 State or Local Property Taxation…………………………………………………..34 6 6.1 6.2 6.3 6.4 PROPERTY TAX AND REVENUE GENERATION………………………….…36 The Property Tax Register……………………………………………………….…36 Property Tax Institutions……………………………………………………..….…36 Assessment Process……………………………………………………………….…36 Contribution of Property Taxes………………………………………………….…38 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 DETERMINING THE TAX BASE ………………………………………………..41 Introduction………………………………………………………………………….41 Valuation Concepts…………………………………………………………..……...42 Methods of Valuation………………………………………………………………..42 Valuation For Taxation……………………………………………………………..44 Determining the tax base for revenue generation…………………………………45 California Assessment Example……………………………………………………48 Current Property taxation process in Sweden…………………………………….48 2 8 8.1 8.2 8.3 FINDINGS, RECOMMENDATIONS AND CONCLUSION……………………54 Summary of Findings……………………………………………………………….54 Recommendations…………………………………………………………………...55 Concluding Remarks………………………………………………………………..56 REFERENCES………………………………………………………………………57 APPENDIX…………………………………………………………………………..59 3 DEDICATION This work is dedicated to my parents, Alhaji Bashiru Futa and Hajia Lami Futa for their immense interest and support towards my education. 4 ACKNOWLEDGEMENTS I am most grateful to the Almighty God for giving me the strength to complete this Master of Science programme in Real Estate Management at the Royal Institute of Technology. I also owe a debt of gratitude to my project supervisor Prof. Hans Lind for his useful comments and guidance, which enabled me to successfully complete this work. My thanks also to the respondents interviewed during the research such as the representatives of the political parties and Municipalities who found time to respond to my question inspite of their busy schedules. My sincerest gratitude also to my parents for their keen interest in my education and their continued support, which has brought me this far. I also wish to express my thanks to my sisters and especially Nana Hawa for her financial assistance, which enabled me to pursue this programme. Finally my regards to all my friends and classmates notably Stephen, Edmund, Onalethatha, Esther, Leka, Divine and John who were all part of this Stockholm experience. Ahmed B. Futa, Stockholm, February 2004. 5 Master of Science Nr 234 Title: Property taxes and revenue generation: The case of Sweden Author: Ahmed Baah Futa Supervisor: Prof. Hans Lind Keywords: Property tax, revenue generation, taxbase, methods of valuation ABSTRACT A driving force of any economy is its ability to raise revenue from taxes to finance public expenditure. As a result the potential of property to generate revenue and in particular the role of the property tax as a source of revenue to either the local or central governments has been recognized for a very long time. In this regard this study was undertaken in Sweden to examine the contribution of the property tax to the revenue profile of the State and to also determine whether the present mode of assessment of properties offers the maximum potential revenue to the State. The study noted that though the contribution of taxes on property was lower than revenue generated from other taxes such as labour, it nonetheless was a useful form of revenue to the state. Furthermore, it also came to light that the property tax (real estate tax) contributed the most to the national treasury when compared to other taxes on property. Additionally, it was observed that that in view of the regulated nature of the rental residential market, the present mode of valuation of residential apartment through the Direct Capitalization method does not offer the potential maximum revenue to the State. The study therefore recommends among others for the adoption of the Cost Method as the method of valuation for rented residential dwellings since it promises to offer the potential maximum revenue. 6 CHAPTER 1 INTRODUCTION 1.1 Background The management of any nation is usually the responsibility of a government. Governments are responsible for the maintenance of law and order as well as ensuring the welfare of their Citizens. These are done mainly through the provision of goods and services to satisfy the needs and wants of the Citizens. However to be able to meet these various needs, it becomes necessary for any government to raise revenue through several sources. One of the most convenient and exclusive avenues available for raising funds is through the imposition of taxes. The dictionary definition of a tax is a compulsory levy imposed on the citizens, properties or companies within a country for the purpose of raising revenue to finance public services. In this regard, Stiglitz &Drifill (2000) recognizes that revenues are raised from a variety of sources but the most important are the Direct and Indirect Taxes. Direct taxes are levied directly on persons, properties or companies receiving the income and cannot be avoided. There are various types of direct taxes of which the most common are income taxes, which are charged and collected mainly by central and local government authorities in respect of income earned from any form of employment. Furthermore, property taxes represent a form of direct taxation on capital. On the other hand Indirect taxes are levied on goods and services and are paid only when the particular good is consumed or service is procured such as the sales tax or the value added tax. Taxes whether levied on persons, properties or companies are meant to achieve certain objectives. A tax may be imposed for the benefit of raising revenue to finance the provision of infrastructure or any other social or economic activity. . Secondly, a tax could be aimed at redistributing income whereby the rich are taxed more than the poor and social services provided to cater for the needs of both the rich and the poor. Furthermore an exceptionally high tax could be place on certain commodities to discourage their consumption such as cigarette and alcohol. Taxes on Properties come in various forms and are collected and used by both Central and Local Government Authorities. The most common taxes on properties are the Stamp Duty; Capital Gains Tax from the sale of property; Estate Duty tax and the Property Tax. The Stamp duty is a fee that is charged based on a percentage of the value of the property transferred whether in the form of a sale or lease. A Capital Gains tax is charged on the difference in capital appreciation at the time of purchase and at the point of sale of a Property. 7 The Estate duty is charged on the immovable assets of a deceased person and its paid by the next of kin. All the above are one-off payments made when property is about to change hands and the valuation, assessment and collection are usually administered by State Authorities and the tax paid into state coffers based on statutory regulations. On the other hand, the “Property tax” (Fastighetsskatt) as it is known in international literature is paid annually based on the value of property and in most countries its valuation, assessment, collection and usage is usually the responsibility of the Local Authority (Municipality). In modern times the administration of a country is not carried out entirely by the central government but rather power is decentralized to local government bodies to administer areas of which they have jurisdiction over and provide the necessary infrastructure to support economic development. The report by the Organization for Economic Corporation and Development (OECD) 1991, notes that there is the need to replace or rehabilitate existing infrastructure as well as provide new infrastructure, which can cope with the demands of industries and activities Furthermore, the OECD (1991) report indicates that Investments in urban infrastructure constitute a significant element in total fixed capital formation and they represent together with the running cost of existing infrastructure an important proportion of public budgets (national regional and local). This has brought to the fore how the cost of urban infrastructure should be financed and who should bear them. For local governments to be able to meet the challenges of providing social and economic services required of them under their jurisdiction they must be capable of generating revenue constantly to finance their expenditures. This implies that local authorities must constantly be exploring revenue generation avenues whilst at the same time not to overburden their residents with numerous taxes or charges. In this direction Dilinger (1991), indicates that Local Authorities rely on a combination of User Charges and Local Income taxes as sources of revenue. The Property tax is to a large extent, a globally adopted local tax and appears to be the most stable in terms of revenue generation for Local Authorities. However at the same time it appears to come under a lot of criticisms from some policy makers regarding its justification and appropriateness as a tool for revenue generation. 1.2 Statement of the Problem Sweden has a large public sector and for that matter both the State institutions and Municipalities have a multitude of functions to perform. This entails huge expenditures, which must be financed by either the central government or the Municipalities. In this regard it is important that sound laws and policies are formulated to ensure that government derives maximum revenue from taxation. To this end the property tax has been identified as one of the tools adopted by either the state or local government to finance expenditures. 8 In order for property taxation to generate it’s potential maximum revenue the choice of the appropriate means of assessment and the tax base are very important. However, it has been realized that the current method of assessment of rental municipal apartment, may not provide the potential maximum revenue, which can be derived from the taxation of such properties. It is therefore critical to address the problem so that government would be able to generate the desired revenue for it to continue to perform its obligations of ensuring the welfare of its citizens. 1.3 Objectives The objectives of this dissertation are as follows: 1. To determine the contribution of property taxes to the revenue profile of Sweden. 2. To analyse the arguments in respect of a State or Local property tax. 3. To analyse and suggest the method of valuation which should enhance revenue generation. 4. To analyse and suggest the taxbase which should enhance revenue generation. 1.4 Scope and Methodology The study was centred on soliciting the opinions of public officials on the property tax as a tool for revenue generation as well as how a change in policy regarding the assessment of property taxes would affect public revenue. As a result the respondents were public officials involved in the formulation of policies and laws such as political party representatives in parliament, civil servants and municipality officials. The primary sources of data were questionnaires, which were administered to the public officials as well as direct interviews. Furthermore literature on taxes in general and property tax in particular as well as the concept of Local level Administration was used to clarify issues and concepts on the subject matter. 1.5 Limitations of the Study The study was conducted in Sweden and for that matter there were certain materials which though the author could have wished to review was nonetheless incapable of doing so due to the limitation imposed by the fact that those materials were in Swedish. Furthermore the respondents were very busy public officials and for that matter and for that matter they were not easily accessible. 9 1.6 Structure of the Thesis The thesis is divided into eight chapters. Chapter two examines the characteristics of taxes generally as well as the requirements of a local tax. In this regard the various general sources of municipal revenue are examined with emphasis on the property tax. Chapter three focuses on Sweden and looks at the contribution of the taxes generally to the revenue profile of government. Chapter four examines the concept of local government as well as how it is practiced in Sweden. It also examines how the activities of local governments are financed in Sweden in particular. Chapter Five provides information on the views of the various Swedish Political Parties on property taxation. Chapter six provides an insight into the property tax machinery and the role of property taxes to the economy of Sweden. It also discusses the relevance of either a state or local property tax. Chapter seven examines various options available in the choice of a tax base and which option has the potential of yielding maximum revenue. Chapter eight ends the study and provides a summary of the findings and recommendations of the study. 10 CHAPTER TWO TAXES AND REVENUE MOBILIZATION 2.1 Characteristics of a Good Tax System In order to understand the conditions, which lead to a successful implementation of a local tax, it is first and foremost important to consider the framework within which taxes operate. In this regard, Harrison, Smith and Davies (1992) note that although Adam Smiths canons of Taxation was written over two hundred years ago, they are still being used as a measure in the assessment of a tax system. Consequently, they provide the criteria against which any tax system must be judged as follows and not in order of importance: The first criterion is convenience. The payment of a tax should not cause an appreciable level of inconvenience to the taxpayer. The deduction of income tax at source, which implies the taxpayer receiving his salary minus the tax, satisfies this requirement. The second criterion is Certainty. There should be clarity in the tax system as to what should be paid as taxes. This implies that there should be no ambiguities in the tax laws and the taxpayers must easily understand the laws and procedures. The third criterion is that the cost of tax collection should be a very small percentage of the total tax collected to ensure cost effectiveness. The last criterion is Equity. Equity refers to the fairness of the system of taxation. This implies that the burden of paying taxes should affect people of similar financial circumstances equally. As a result two principles are considered. Horizontal Equity and Vertical Equity. Horizontal Equity implies that people in similar financial circumstances must pay similar taxes. On the other hand vertical equity implies that taxes should be progressive meaning that those who earn higher incomes should pay higher taxes whilst those with lower incomes should pay lower taxes. A tax system in which poorer people pay a higher proportion of their incomes as taxes as compared to rich people is said to be regressive. The Studies on property taxes and revenue generation have generally focused on the property tax as a local tax, which is paid to the Local Authority. According to OECD (1983) the beneficiary institution of the property tax in Portugal and Turkey was the central government whilst the tax was a municipal tax in most other European countries. Sweden operated a Municipal Guarantee tax then which was introduced in 1953 and the beneficiary institution of the tax was the Municipality. A tax whether collected at the national or local level should in principle satisfy the requirements laid out by Adam Smith. However in the case of property taxes collected for 11 local government usage, additional factors also have to be considered since circumstances at the local level in most cases differ from national ones. Accordingly, to ensure maximum efficiency in the collection of local taxes Owens and Panella (1991) identified five main requirements, which a local tax should satisfy. These conditions are specified as follows: 2.2 Requirements of a local tax The first requirement is that of Immobility. It should not be possible for taxpayers to avoid tax payments by easily moving from one place to another. This implies that the tax base should not be easily mobile otherwise the abilities of local Authorities to raise revenue would be severely restricted. The second requirement is that of Visibility. The tax base should be visible and the determination of the tax should be specified and accessible to ensure accountability. This implies that revenue generated must be retained in the local area. The third requirement is raising sufficient revenue. This implies that a local tax should be capable of raising sufficient revenue to finance local government expenditure. The fourth requirements relate to Local Benefits. It should not be easy to transfer the burden of the tax from residents to non-residents otherwise the linkage between local taxes and local benefits would be lost. The fifth requirement demands ease of Administration. It should be easy to administer the taxes. This implies that the cost of administration should be a small fracture of the total revenue to be derived. 2.3 General Sources of Local Revenue In order to raise the standard of living of local residents and thereby justify the mandate reposed in them by their electorate, it is important for local Authorities to continue to strive to improve the general well-being of their residents through the provision of social and economic infrastructure as well as the continual maintenance of such infrastructure in order to ensure regular and efficient service delivery. The OECD (1999) report indicates that such infrastructure include water supply, sewerage networks, surface water drainage, roads and bridges. As a result, it is imperative for local authorities to raise revenue in order to finance these expenditures. Dilliger (1991) identifies “User Charges” and “Local Income Taxes” as two main sources of local government revenue. 12 2.3.1 User Charges These are fees paid for services provided and the benefits of which are confined to individual consumers. The rate of consumption can be varied by consumers and charges are based on the level of consumption such as those paid for water and electricity consumption. 2.3.2 Local Taxes Dillinger (1991) indicates that local taxes are in principle an appropriate means of financing of services such as roads whose benefits are localized but cannot be confined to individual consumers. The local income tax, which is levied on all residents within the locality and the property tax, are the most widely used local taxes. Local income taxes are normally taxes levied by local authorities and retained locally to support the local provision of goods and services. Owens and Panella (1991) have identified ways in which this arrangement takes place to include the following: The situation where local authorities are allocated a fixed portion of total income taxes collected by the State to represent their portion of local income. Another situation is whereby both the State and local tax authority can specify and collect their own income taxes as specified under the income tax law. In this regard the local authorities determine their own tax rates and limit it to residents within their locality. 2.4 Emergence of Property Taxes The emergence of taxes on land predates the feudal era and various forms of taxes on land were collected in countries such as England. The earliest form of land tax in England was the “geld” which occurred between the tenth and twelfth century” and was essentially tribute money” calculated on land belonging to a family which was used to finance the military of the Anglo-Danish invaders(Public Records: Doomsday Book 2003). During the period 1016 to 1135, which was the Feudal era in England, the crown did not own all land but instead it was owned by wealthy people known as lords who allocated the lands to peasant farmers in return for the obligation to perform some kind of service. (Public Records: Doomsday Book 2003). The tax on Property as it exists today was adopted in Europe in the late nineteenth century. According to OECD (1983), the tax was introduced in Ireland in 1838 and was a tax on immovable properties known as rates. The property tax plays a key role in the revenue profile of municipalities due to the income earning attributes of property. This primarily arises out of the unique quality of property in that it immovable. This unique feature implies that property is permanently located and therefore a local resource, which has the capacity to generate revenue in perpetuity and for that matter serves as a reliable asset from which municipalities, can raise revenue. 13 The property tax is by far the most important and well-known tax associated with property. This annual tax is usually paid by residents of a locality to the local government Authority for the provision of social and economic services. In most countries the local Authority under the control or supervision of a central authority does the valuation, assessment, collection and usage of the property tax. However the point of departure in Sweden is that the revenues are paid into state coffers and forms part of State revenue. 2.5 Merits and Demerits of the Property Tax 2.5.1 Merits The reliance on revenue from Property Tax to finance the provision of infrastructure and other services at the State or local level is due to the quality of property as being immovable. As a result the OECD (1983) report indicates that the primary function of the Local property tax is to finance local government services for the benefit of the local community. In this regard, the IAAO(1997) and the OECD (1987) reports specify the benefits of the property tax to include the following: Firstly it is noted that since the property tax is independent of income taxes, it enables those with low income yet with substantial property holdings to make an appreciable contribution to the provision of local government services. Additionally it enables municipalities to derive revenue from its residents who do not reside in the localities yet maintain properties there. IAAO (1997). Secondly the property tax system is transparent as compared to other forms of taxes. Property owners can always compare what they pay with what others pay for their properties and have a fair idea of whether they are paying too much or too little taxes. Furthermore provisions are always made for appeals and as such dissatisfied taxpayers can always appeal against any perceived unfair tax levied on them. IAAO (1997). Thirdly the property tax is essentially a local tax since the tax base is immovable and permanently fixed within the locality. Consequently it provides a regular source of revenue and the property itself acts as collateral security in the case of default. OECD (1983). Fourthly it should be possible for the tax authorities to vary the rates of the tax without any threat to the tax base or migration of property owners. With reference to the sales tax, an increase in prices of commodities from a rise in the sales tax within the locality would result in residents moving elsewhere to purchase those commodities. However in the case of property, the tax increase must be very substantial to result in the sale of property and relocation of the owner. OECD (1983) Fifthly the income from property tax is predictable, since the value of the tax base can be deduced. For that matter planning for provision of services is less arduous since the cost of projects can be easily related to expected revenue from the property tax. 14 2.5.2 Demerits The property tax is based on unrealised property wealth, which may not necessarily translate into personal income wealth. The tax is perceived as regressive since all property owners are levied the same tax rate based on the value of their property. This causes considerable hardship to the poor and the vulnerable in society. Secondly most residents are at pains to justify the imposition of property taxes since invariably the tax would have to be paid from income, which has already paid income taxes, and as such it is viewed as double taxation on income. Moreover, sharp increases in property taxes after a period of revaluation cause appreciable increases in taxes, which draw a lot of resentment from property owners. Thirdly, it is sometimes difficult to perceive the linkage between the tax and the project, which the tax is financing. For example a property tax, which is used to finance recurrent expenditures, would not find favour with taxpayers. Fourthly, the property appraisal process is a cumbersome and time-consuming exercise especially when revaluations are due. Thus the administrative cost could be high in term of personnel, and logistics required for a revaluation exercise.1AAO (1997). Generally it is considered that though the administration of the property tax requires a lot of skilled personnel and logistics for assessment, it should not exceed more than 3% of the value of the revenue collected( Vlassenko 2001). Fifthly, capital appreciation from property is realized only when the property is sold and as such though values may rise as a result of capital appreciation, the gains are realized only when the property is sold but however this increased appreciation can also be subjected to capital gain tax. Lastly a property tax reduces the market value of the property since the taxes are deducted from the rent before the rent is capitalised, thereby producing a lower market value than if there were no property taxes. 2.6 Property Tax as a Local Tax The Property tax is a widely used tax at the local level and it is currently being used in one form or other by members of the OECD. It satisfies most of the conditions outlined for a successful implementation of a local tax such as Immobility, Visibility, Local benefits and ease of administration. It can be observed that though property owners may be able to move from one locality to another, the tax base, which is the property, is fixed and therefore visible in the locality. The revenue generation potential of property can be assured however the property tax alone is incapable of providing the maximum revenue needed to finance local government expenditure for local areas. Stiglitz and Drifill (2000 ) note that the property tax or rate forms only a small percentage of local government revenue in the United Kingdom and that local Authorities are able to generate only about twenty-three per cent of revenue from local sources. The rest is catered for by the central government. 15 The local benefit principle of a local tax implies that the burden of the tax should not fall on non-residents since they are outside the jurisdiction, which enjoy the benefit. However in the case of property tax the tax applies to property and therefore owners of commercial properties should be liable for the payment of the tax since property tax appraisal affects all types of properties be it residential or commercial. To a large extent it can be stated that the property tax is an efficient source for revenue mobilization and whilst its genesis dates back to centuries ago it is believed that its reliance by local Authorities would continue for a very long time. 16 CHAPTER 3 CENTRAL GOVERNMENT TAX REVENUE 3.1 Political Characteristics of Sweden Sweden is located in the Northern part of Europe and one-sixth of the country lies north of the artic circle in the region known as Nordkalotten (the northern skull-cap of Europe). It has a population of approximately nine million and an area of 450,000square kilometres, which makes it one of Europe’s most sparsely, populated countries. The distance from the northernmost most to the southernmost point is 1572 kilometres and the widest distance from east to west is 499 kilometres. The capital city is Stockholm and it is the most densely populated city in Sweden with a population of 758,000(Svenska Kommunförnundet 2003). The current day-to-day governance of Sweden is based on the Swedish Constitution, which is the supreme law. Sweden is a Constitutional Monarchy and has a monarch who only holds ceremonial powers and ascension to the throne is hereditary. There is also a Prime Minister who is elected by Parliament for a term of four years and he is mandated to form a cabinet to govern the Country. The Constitution is a written one and the rules and methods of governance are contained in four statutes namely the “instrument of government”; “the act of succession”; “the freedom of the press act” and the “fundamental law on freedom of expression”. These altogether constitute the “Constitution of Sweden”. However the instrument of government serves as the building block of the Constitution and addresses issues on democracy and the rule of law. The instrument of government states in Chapter 1 under Article 4, which deals with the basic principles of government, that the Riksdag (legislature), which is the law making body, is the foremost representative of the people. The Riksdag enacts the laws, determines the taxes and decides how state funds shall be spent. This article denotes that, members of the Riksdag, who represent seven different political parties based on the mandates reposed in them by their electorates, represent government at the national level. Popular government at the lower levels of government is exercised at the regional levels by the County Councils and at the local level by the Municipal Authority. The Constitution states in Article 7 of Chapter 1 states that “Sweden has Municipalities and County Councils. The decision making power in these local Authorities is exercised by elected representatives. The Local authorities may levy taxes in order to perform their tasks”. 17 3.2 Sources of tax revenue for central government in Sweden The general tax base in Sweden consists of taxes on labour, capital and goods and services. The main taxes on labour are income taxes paid to the state and local income taxes paid to local government as well as social security contributions. On the other hand the main taxes on capital are income taxes on company profits as well as property and wealth taxes. 3.2.1 General Government The general government sector or public sector in Sweden consists of the Central Government and the Local Government sectors, which are composed of Municipalities and County Councils, and the social security sector. The budget for the general government contains all the revenues and expenditures of the combined sectors and is a snapshot of the state of the nations financial health. The major components of revenue from taxes and expenditure for the year 2002 are indicated in the table below. Table 1 Composition of Tax Revenue. Revenue item Percentage contribution Direct tax on labour 36.4% Indirect tax on labour (social security contributions) Taxes on capital (including property tax) Taxes on consumption 28% Other taxes 0.1% 9.4% 26.1% Source:Ministry of Finance According to Table 1 above, most of the revenue came from taxes on Labour and Consumption as well as taxes on capital to a lesser extent. These revenue sources go into financing public expenditure in Sweden, which in the year 2000 was composed of the following items. The table below illustrates the level of expenditure commitment, which accrue to the general government sector in any typical year. The pattern of expenditure for year 2000 has been used as an example in this case. 18 Table 2 Public Sector Expenditure in 2000 Source of expenditure Social security Education and University Research Health and Medical Care General Public Services Defence Community protection and Justice Culture and Leisure Miscellaneous Percentage share of expenditure 42.5% 12% 11% 10.4% 3.7% 2.3% 1.8% 9.0% Source: Ministry of Finance From the table above the largest government expenditure commitment was to social security, which entailed expenditures on pensions, unemployment benefits and social security services. The other units of expenditures are spelt out below: Health and Medical care: e.g. hospital care, primary health care, and dental care General Public Services: e.g. central government administration, and development assistance Education and University Research: compulsory school, upper secondary school, higher education, research and study support Community Protection: e.g. Police, Judicial service, penal care. Miscellaneous: housing, energy, and subsidies to agriculture 3.2.2 Central Government The main sources of revenue for central government are taxes and charges, which consist of income taxes whist the major sources of central government expenditures, were transfer payments as shown in the table below. 19 Table 3 Central Government Finances Billion SEK Year 2002 2003 2004 2005 2006 Revenue 742 743 782 812 844 Taxes and charges Other income 678 678 716 741 771 64 66 66 71 73 Expenditure 756 796 822 839 855 Transfers to private sector & abroad Contributions to local government Transfers to the old age pension system Consumption and Investment Interest 301 345 354 352 357 120 123 126 132 134 41 43 48 51 52 219 230 238 242 248 66 54 56 61 64 Net lending -14 -53 -40 -26 -11 Source: Statistics Sweden and Ministry of Finance Taxes and charges are expected to provide the bulk of revenue to central government coffers (90%) whilst the bulk of expenditures include transfers to local government, consumption and investment which includes expenditures on health and education as well as interest payment on government debt. The central government budgetary positions are forecasted to result in expenditure exceeding revenues for the duration of the projected period. These deficits are accounted for in the form of net lending from the general government sector to the central government. 20 CHAPTER 4 LOCAL GOVERNMENT AND REVENUE MOBILIZATION 4.1 Local Government Concept The concept of Local Government has been developed to fill in the vacuum caused as a result of the concentration of political power in the central government. This concentration of power is manifests in the central government taking full responsibility for governance directly from the seat of government at the national level. As a result governance is carried out through national institutions of the executive and legislature and other national governmental decision making bodies and decisions, which affect local areas, are taken at the national level. In response to this state of affairs, decentralization has arisen due to the need to make governance more efficient by transferring political power from the central government to the local level. Decentralization has become an acceptable form of governance and it is practised in both developed and developing countries. Miller (2002) defines local government as “a sub national level of government which has jurisdiction over a limited range of state functions within a defined geographical area which is part of a bigger territory”. The attainment of a local form of government is manifest through a process of decentralization. Miller (2002) defines decentralization as the transfer of State/National responsibilities/functions from central government to sub national levels of government or from central agencies to regional bodies or branch offices or to non-governmental organization or private concerns. In essence local government is a form of “mini government” at the local or municipal level whereby officials are either elected or appointed to the local decision making body. This local decision making body has the mandate to formulate local bye laws, raise local taxes and spend such monies for local development subject to constraints imposed by national or state laws. However a major drawback is that it may lead to regional inequalities as a result of different resource endowments. This is because different localities within a nation are endowed with different revenue generating capacities. Thus there is the need for the central authority to ensure that no locality is left deprived by ensuring that there is a fair distribution of the national wealth. 4.2 Local Government and taxation in Sweden The Swedish system of Local government is regulated by the Local Government Act of 1992. Prior to that Sweden had had a long tradition of local governance whereby the Lutheran Church administered both religious and civil duties, which dates back to the Government Ordinance of 1862(Sweden.se 2003-07-22). Under this ordinance the function of the Church of Sweden was split into religious and civic ones. The Church maintained the religious duties whilst the civil duties were the responsibilities of city and rural Municipalities. The ordinance also established county councils at the regional level. 21 As at 1862 there were 2,498 municipalities and this was reduced to 1,037 as a result of the first local boundary reforms in 1952. Subsequently there was a second boundary reform between 1962 and 1974, which created 278 municipalities. Ten more municipalities have been created between 1994 and 1999 and the number stands at 298. Furthermore the number of county council, which stood at 25 in 1862, has been subsequently reduced to 20 by 1999 (Swedish Government Article no98.057). The present local government act of 1991 derives its strength from the instrument of government, which is one of the four fundamental laws of the Swedish Constitution. It states in Chapter 8 under Article 5 that “ the principles governing changes in the division of the realm into local government districts, and the principles governing the organization and working procedures of the local authorities and local taxation shall be laid down in an act of law. Provisions concerning the competence and responsibilities of the local authorities in other respects shall likewise be laid down in an act of law”. As a result the Local Government Act of 1992 subsequently recognizes two main local government bodies namely the Municipality (Kommun) and the County Council (Landsting), which is the regional unit. There are currently 290 municipalities and 18 county councils. These bodies derive their strength from the local Government Act, which specifies the duties and responsibilities of Municipalities and County Councils. The average population of a Municipality is about 15,000 and the Municipality of Stockholm has the highest Municipal population of 700,000 inhabitants. On the other hand the Municipality of Bjurholm has the least population of 3000 inhabitants. Furthermore the county of Kiruna, which has the biggest land area of 19,477square km, has a tiny population of 25,000 inhabitants whilst Sundbyberg county, which has a land area of 9square km and the smallest in terms of area, has a population of 33,000. The powers to raise revenue through taxation to finance local government activities are contained in Section 5 of the Local Government Act. It states “provision concerning the rights of municipalities and county councils to issue regulations and to levy taxation for the discharge of their duties are contained in the instrument of government”. The instrument of government specifies in Chapter 1 under Article 7, “the local authorities may levy taxes in order to perform their tasks” However the ability of local authorities to raise taxes and revenue in general is subject to state control such as the State setting tax ceilings when it is in the national interest to do so and the equalization principle. 22 4.3 Functions Of Municipalities Section 1 of Chapter 2 of the Local Government Act states that “Municipalities and County Councils may themselves attend to matters of general concern which are connected with the area of the Municipality or county council or with their members and which are not to be attended to solely by the state, another municipality, county council or some other body.” Furthermore certain special legislations such as the Social Services Act, Rescue Services Act, Education Act and health and Medical Services Act have also bestowed certain duties and responsibilities on Municipalities. According to Regeringskansliet (2000) and Sweden.se(2003-07-22), the functions of Municipalities and County councils can be grouped into two categories. These are the mandatory or compulsory services, which are traced to the Local Government Act and certain special legislations. The other categories are the voluntary services which cannot be traced to any law but which nonetheless are performed by Municipalities. The compulsory functions of municipalities consist of the following: Municipalities are obliged to provide pre school facilities for children from age one up to six as well as to run the pre university level educational system through the enrolment of students and recruitment of teachers. They are also to provide and maintain the educational infrastructure such as classrooms and offices. The Social services Act makes it mandatory for municipalities to provide services needed to support the vulnerable members of the society. This include providing for the special needs of physical and intellectually disabled members of the society which include housing to take care of the physically disabled. Additionally, it is the responsibility of the municipalities to cater for the welfare of the elderly through the provision of home care services, senior housing, as well as adult care centres. Municipalities are also responsible for physical planning and the issuance of building permits. This involves ensuring that developments conform to the zoning of the area. Thus residential developments would not be allowed in an area preserve for commercial developments. Furthermore they are to ensure buildings conform to stated requirements before issuing out permits for developers to build. Furthermore, they are mandated to provide and maintain water and sewerage services, refuse collection and street cleaning services, rescue services, civil defence as well as library facilities. As part of their voluntary activities, municipalities may provide technical services such as energy supply, building and maintaining streets and roads within the localities and maintaining parks and gardens. Municipalities also support leisure and cultural activities through the provision of sports facilities, youth and recreational centres as well as museums. On the other hand, tasks which are normally not confined to a single locality and which require dealing with large inhabitants are handled by the county councils such as medical care and public transport. 23 4.4 Financing Local Government Activities In order for the municipalities to perform their functions effectively and efficiently it is important that they are capable of raising revenue constantly to finance their expenditures The Swedish Municipalities derive their revenue mainly from local income taxes and user fees as well as central government grants. The different sources of finance are as follows: Table 4 Revenue Distribution for Municipalities in 1999 Item Tax revenue Miscellaneous Rates and Fees Government Grants Share of revenue 58% 19% 8% 15% Source: Statistics Sweden In the year 1999 local government revenue consisting of both Municipalities and County Councils was 307billion Sek.. The Municipalities generated 208billionsek whilst the County Councils generated 99billionsek.The share of revenue accruing to the Municipalities was 67% whilst that accruing to County Councils was 33%. The subsequent years has seen an increase in revenues accruing to local government and the projected revenue for the period 2002 to 2004 are shown in the table and diagram. Table 5 Projected Local Government Revenue from 2002 to 2004 Year 2002 2003 2004 2005 2006 Expected Revenue 549 586 596 622 645 Sources: Statistic Sweden and Ministry of Finance 24 Diagram 1 Revenue in (SEK billion) Local Government Revenue 660 640 620 600 580 560 540 520 500 2002 2003 2004 2006 2005 Years Source: Table 5 On the whole the above diagram shows that revenue would rise during the projected period although the rise would be less steep from the period 2003 to 2004. 4.5 Local Government Expenditures The main components of local government expenditure are composed of expenditures in respect of services, which the local authorities are required by law to perform as part of their functions as shown below. Table 9 Municipal and County council expenditures Year Revenue Expenditure Consumption Other expenditure Net lending 2002 549 558 468 90 2003 586 580 492 88 2004 596 599 510 89 2005 622 623 531 92 2006 645 648 553 95 -8 6 -4 -1 -3 Source: Statistic Sweden& Ministry of Finance. 25 Diagram2 Local Government Expenditure Expenditure in SEK(billion) 660 640 620 600 580 560 540 520 500 2002 2004 2003 2005 Years 2006 The Table above provides the expenditure pattern of the local government, which includes municipalities and county councils. The municipal component of expenditure consist of expenditures on education such as the compulsory schools elderly and childcare. Further cost is encountered in the provision of and maintenance of infrastructure such as roads and bridges. The bulk of expenditure by the county council is on the provision of health and Medical care services. The graph above also rises steeply indicating that the increasing levels of expenditures over the projected period. When the revenues and expenditures are compared, it is realized that expenditure levels exceed revenue levels for most of the forecasted period as shown below. 26 Diagram 3 Revenue and Expenditure in SEK billion Revenue and Expenditure pattern for local Government 660 640 620 600 580 560 540 520 500 480 Series1 Series3 Series 1 =Revenue 2002 2003 2004 Years 2005 2006 Series 2= Expenditure The bar graph above reveals the parity levels between revenue and expenditure over the forecasted period. The diagram indicates that with the exception of the year 2003 when revenue is expected to exceed expenditure, all the other years portray a situation whereby expenditure exceed revenue albeit very marginal. This is contrary to the policy, which requires municipalities to have balanced budgets each year. 4.6 The Robin Hood or Equalization Principle This system was introduced in 1996 based upon the Robin Hood fairy tale of taking from the rich and giving to the poor. The equalization principle is operated in two main ways namely income equalization and expenditure equalization (Swedish Government Article no98.057). The income equalization implies that municipalities with a higher than average revenue from taxes must pay a fee to the state. This fee in turn is given out to those municipalities with lower than average taxable earning capacities. On the other hand expenditure equalization implies that structurally advantaged municipalities pay a levy to the state. This levy is passed on to structurally disadvantaged municipalities to finance development services. 4.6.1 Consequences Equalization enables all parts of the country to receive equal levels of development projects. As such equalization ensures that localities which have limited and low value properties and for that matter generate low levels of revenue are also able to pursue their development programmes through funds which are channelled from other richer municipalities. This is in line with the welfare programme, which is to ensure that no segment of the country is deprived of the national wealth. 27 Furthermore, it eliminates the tendency for local authorities to overtax residents since any extra revenue would find its way out of the district. On the other hand, equalization stifles initiative and rewards incompetence. This is because municipalities, which do not embark on aggressive revenue mobilization programmes, are assured of a secured revenue base in spite of their incompetence. Also municipalities, which adopt aggressive revenue mobilization programmes, are penalized for their innovation. Additionally, equalization takes away healthy competitive rivalry and for that matter there is no reward for good performance. In the absence of this form of incentives, municipalities capable of generating high revenue would consider it not worthwhile to do so and instead adopt a lackadaisical attitude to revenue mobilization. Furthermore municipal authorities would find it difficult to justify increases in taxes since residents of the municipalities would not want to pay higher taxes to finance services in other municipalities whilst residents of these municipalities themselves pay lower taxes. 4.7. The International Tax Quota Sweden is generally considered to be the country with highest levels of taxes within the OECD. According to Taxes in Sweden 2000, a study carried out in 1997 of the seven highly taxed countries within the OECD, indicates that Sweden had the highest tax quota (percentage of taxes in relation to GDP) in 1997 of 51% whilst the EU average was 41.5% as shown below. Table 10 1997 international tax quota Country Sweden Denmark Finland Luxembourg Belgium France Italy EU average Tax quota % 51.9 49.5 46.5 46.5 46.0 45.1 44.4 41.5 Taxes on Property % 4 3 2 8 3 5 5 4 Source:OECD & Eurostat With regards to taxes on property, Sweden’s 4% was in consonance with the EU average of 4% though in most countries in Europe such as the United Kingdom and France, property taxes are paid to the local government and forms part of local government revenue. In a comparative study of the Property tax of Britain, France and Sweden, Vlassenko (2001) indicates that the “peculiarity” of the Swedish system is its efficiency. It notes the property tax collection process in Sweden is cost effective since the cost of the property taxation process does not exceed 6% of the tax return. Furthermore there is about 99% to 100% collection rate. It is difficult to evade property taxes since they become a collateral, which are charged to the owners’ salary. The taxpayer has the option to contest the property tax within five years of the assessment. 28 CHAPTER 5 POLITICAL PARTIES AND PROPERTY TAXATION 5.1 Political Parties The Riksdag as the law making body consist of representatives of Political Parties, which are elected on the basis of the manifestoes of their Political Parties in a general election every four years. Elections to the County councils and the Municipalities are held at the same time. Article 1 of Chapter three contained in the instrument of government states that “ the Riksdag shall be appointed by means of free secret and direct elections. In such elections votes shall be cast for parties with an option for a voter to express a preference for a particular candidate. The Riksdag shall consist of a single chamber comprising three hundred and forty-nine members. There are presently seven political parties in the Riksdag, which consists of 349 members who are elected for a period of four years. The parties which make up the Riksdag are the Social Democratic Party; the Left Party: the Green Party; the Moderate party; the Liberal Party , the Christian Democratic Party and the Centre Party. These Political parties have different ideologies though broadly speaking each Party may be either from a Socialist or Conservative School of thought. 5.2. Views on Property Taxation 5.2.1 Social Democratic Party The Social Democratic Party was founded in 1889 and is the current single largest Political Party in the Swedish Parliament. At the last election in 2002 it obtained 144 seats out of the 349 unicameral or single legislature (Riksdag), which was equivalent to 39.8%. This however fell short of the number needed to from a government single-handedly and for that matter it formed a coalition government in alliance with the Left Party and the Green Party. The Social Democratic Party has governed Sweden for sixty-one out of the last seventy years. The goal of the Social Democratic Party is to build a modern welfare and democratic society based on equality and which will provide each citizen with the opportunity of leading a rich and meaningful life. The Social Democratic Party introduced the current form of property tax as State tax. The party believes in the usage of taxes to achieve economic development throughout the country and the equal distribution of the wealth derived from the resources of the nation. The Party support the property tax but it is now reviewing the system so that it reduces the hardship faced by poor house owners as a result of values increasing in areas such as holiday resorts and thereby making the tax less regressive. The Party will continue to maintain the tax as a state tax since it brings in revenue, which is quite substantial and equivalent to the income spent on child support. They maintain that if it is a local tax there will be differences in tax rates and revenue between the localities, but a state tax smoothens these differences. Furthermore the abolition of the property tax will lead 29 to higher taxes being paid on other taxes on property such as capital Gains tax, stamp duty and wealth tax. 5.2.2 The Green Party The Green Party is a relatively young party and was founded in 1981. It is currently part of the ruling coalition government. The aim of the Party is to build a sustainable democratic party within the framework of the limits of nature locally and internationally. It also aims at ensuring the equal distribution of resources within the context of a general welfare system. The Green Party believes that though the property tax is unpopular it has few harmful effects since it is visible and evasion is difficult as compared to financial property tax which is on registered wealth and often leads to tax evasion. The Party also believes that there should be a tax reduction for low-income earners. The party is also prepared to support a shift in the tax base from the property itself to the resource used to warm and light peoples houses such as oil and electricity and that houses per se should not be taxed unless the usage produces a harmful effect on the environment. Furthermore it is of the opinion that it is the Municipality, which should collect such a tax, and not the State. 5.2.3 The Left Party The Left Party is a Socialist Party and forms part of the coalition ruling party although it has fewer numbers of seats totalling thirty in the Riksdag. It was founded in 1917 and its aim is to create a welfare state in which each individual regardless of his status can enjoy a high level of social services such as education, health, shelter and secured and full employment. The Left Party supports the use of property taxes to finance public spending and a just distribution of wealth and also supports the present situation where the property tax is a state tax. 5.2.4 The Moderate Party The Moderate Party was formerly known as the Conservative Party and was formed in 1938. The Conservative Party changed its name to the Moderate party in 1969.It obtained 55 seats in the Riksdag during the 2002 general election, which is equivalent to 15.2%. It is currently the largest single opposition Party in the Riksdag. The Party’s ideology is based on liberalism and conservatism. The party holds the view that individual goals can be best achieved in a market oriented economy. The Party’s view is that taxes generally in Sweden are astronomically high and it is in favour of income taxes being lowered to reduce or eliminate reliance on subsidies. The Party is against the property tax in principle and it will gradually abolish the real estate tax if it comes into power since it is unfair because it is paid on something, which gives no money in itself. Furthermore the party indicates that there is no targeted expenditure for revenue derived from property taxes, which they believe, is paid to a “black box”. They agree to taxes such as sales tax and capital gains tax but are opposed to property taxation. They believe that residents have paid income taxes, which should pay for the cost of infrastructure. The Party is of the view that Property taxes hurt poor tenants the most since wealthy house owners pass on the property tax to poor tenants in rented premises. 30 Additionally the Party believes that the tax is regressive since poor people pay more as a percentage of their income. They believe also that when people are taxed less on property they will have more money in their hands and be able to build more and invest more. 5.2.5 The Liberal Party The Liberal Party was founded in 1934 following the merger of a number of liberal Parties. The central ideology of the party is for every individual to pursue its own goals in a free environment and that political decisions should not override personal responsibility. The party does not support property taxation in principle and they hold the view that taxation of property should be lowered substantially and be completely abolished in the long run. At the same time the tax on capital Gains when people sell their houses should be increased to compensate for the loss in property taxes. They however want the tax to continue to be a state tax until it is abolished. They also share the opinion that property taxes are a disincentive to house ownership. They would also want to see the tax on personal fortunes reduced since the bulk of these taxes are paid off by older people who have also paid off their loans. 5.2.6 The Christian Democratic Party The party does not support property taxation in principle and it is of the opinion that the tax should be abolished since the tax on wealth also takes account of real estate and that it is not everybody who owns property who is capable of paying a percentage of the value each year in taxes. The Party also thinks that though the wealth tax (förmögenhetsskatt) (which includes real estate) is progressive it is totally irrational since about 40% of the tax is paid by homeowners who have also paid property taxes. The party thinks that the property tax and wealth tax on property should be modified and replaced by a local fee on real estate of not more than 2600 sek per year, which should be paid to the local government. It should also be used only for local services that pertain to the homeowners such as maintenance of roads and all other property taxes should be abolished. The party does not also support the argument that property taxes make houses cheaper. They note that the taxes lead to segregation since pensioners often have to leave their homes because of taxes and other low-income groups cannot purchase property in certain areas because of taxes. 5.2.7 Centre Party The Centre party was originally a merger between the Agrarian union, which was founded in 1913, and a National Farmers Organization founded in 1915. This merged into the agrarian union in 1922. The Centre party ideology is woven around both the free market and social responsibility. The party’s ideology is based on equal rights irrespective of gender, religion, ethnicity or sex as well as environmental awareness. The party holds the opinion that the present manner of property taxation is unacceptable since some people have to abandon their houses because of high taxes. However, they point out that the tax is a useful form of revenue, which cannot be abolished. Furthermore the interest on 31 loans are deductible from the taxes which eases the burden for loan repayment especially on the part of young people who want to own houses through mortgages. They are however opposed to the wealth tax and would abolish it since it is damaging to the economy. They indicate that the tax cost more to the society than what it yields. Furthermore the property taxes on wealth is harmful because it is only on Swedish investors and excludes foreign investors which implies that the foreign investors can repatriate all their profits outside the country even though they have not paid any substantial taxes to the country. 5.2.8 Observations An overview of the views expressed by the political parties indicate that the socialist ruling alliance made up of the Social Democratic Party, the Left Party and the Green Party support the adoption of the property tax though the Green Party would prefer that the tax is collected by the local Authority and applied to the resources used to warm and light the houses. On the other hand the Conservative Parties such as the Moderate Party, Liberal Party and Christian Democratic Party are opposed to property taxation in principle and have all indicated their intention to abolish the property tax when they come to power. The Liberal Party has proposed increases in the Capital Gains tax from the sale of property to compensate for the loss of revenue. On the other hand the Christian Democratic Party intends to introduce a local tax of not more than 2600 sek to replace the property tax. The Centre Party stands in the middle in terms of ideology and also stands in the middle in terms of the property tax. The party recognises that although the tax has some defects it is still a relevant source of revenue, which cannot be discarded. Almost all the Parties with the exception of the Social Democrats and the Left Party are against the payment of wealth tax on property. The wealth tax is charged on the combined assets of a person comprising of real estate, stocks/bonds and bank deposits in excess of 1,500,000kr that a person owns and 2,000,000sek for married couples at a tax rate of 1.5%. According to the parties it is usually the same people who pay property tax who also pay wealth tax. There is however consensus on the issue that property taxes hurts low income people and the Social Democratic Party is taking steps to alleviate the suffering and hardship faced by very poor property owners. Finally the Social democratic party and the Left party hold the view that the Property tax should be a state tax whilst the Green Party is of the view that it should be a local tax. The Liberal Party is however opposed to the tax in principle but wants it to be a state tax until it is abolished. The Centre party is of the opinion that though property taxes should be a state tax, provision should be made for the local authority to partake in the share of the revenue. The Christian Democrats however hold the view that any real estate tax should be local. On whole three parties think that the tax should be a state tax whilst two parties think it should be local. Another two parties do not have any clear-cut choice. 32 5.3 State or Local property taxation? The issue of whether revenue from property taxes should be utilized by the state or local authority continues to be the focus of discussion due to the differing opinions held by different segments of the Swedish society, such as the political parties and the association of local government. It seems that both schools of thoughts have legitimate grounds for their opinion and some of the pertinent issues surrounding the discussion are presented as follows: 5.3.1 State Property taxation The political manifesto of the ruling party in government, that is the Social Democratic Party demands that no part of the country is left behind in the socio-economic development of the country. This implies that if revenue from property tax were localized, areas with abundant real estate would have an advantage over areas with limited real estate. The attractive areas would be able to generate substantial revenue from property taxes to implement their programmes whilst the areas with limited resources would not be able to generate sufficient funds. In order that no part of the country is left behind the state utilizes all available resources for equal development irrespective of where the revenue is coming from to finance the social welfare programme Furthermore there is a case for the state to cream off betterment, which lead to appreciation in property values. Such valuable and expensive services provided by the state such as the maintenance of law and order which is the main duty of the police, feeder roads, which facilitate transportation all, contribute to property price appreciation. A state property tax provides the state with an opportunity to tax this increased values arising from state funded services. Moreover, a state administered property tax and the Swedish equalization principle implies that a locality does not suffer adverse effects if its citizens decide to locate their buildings elsewhere with the hope of paying lower taxes. This is because equalization ensures that all revenues from property taxation would be used for developments in all parts of the country Finally, state property taxes provide uniformity in property related taxes since all taxes on property in Sweden such as capital gains, stamp duty and property taxes are administered by the state. 5.3.2 Local Property taxation As a result of the large number of responsibilities required to be performed by the municipalities, it is necessary that municipalities have access to a lot of revenue generation avenues including the revenue from property taxes within their municipalities. This situation is made more complex due to the present regulation that municipalities in Sweden are required to balance their budgets annually. The result is that municipalities are constrained to embark on any infrastructure development since they would not be able to finance large-scale projects within a year. Furthermore the adoption of Local property taxes will lead to healthy rivalry amongst Municipalities. This is because if municipalities know that they can charge property taxes they will be more aggressive in attracting high value properties such as hotels into their municipalities since they will be able to collect more taxes from such properties. 33 Since property is a local resource it implies that taxes from property should accrue to the local authority. Residents are more likely to associate with a property tax, which benefits them directly since they can quantify the benefits they derive from their taxes. There is a high risk of tax evasion if the taxes are not local since residents would hold the opinion that their taxes are being used to develop other areas. A local property tax will enable municipalities to determine their own tax rate depending on the peculiarity and special needs of the community. It will then be no longer relevant to adopt a uniform tax rate but that each locality should be able to raise or lower the tax rate depending on the needs of its localities. Additionally, an examination of the revenue profile of local Authorities indicate that the state’s contribution in the form of grants constitutes about 15% of local government revenue. This implies that the bulk of local government resources are generated locally. Thus the addition of property taxes which constitutes about 3% of government revenue would lead to a reduction of state grants to the Municipalities to between 10% to 12%. Additionally, it would be easier for residents to take their representatives in a local assembly to task for non-performance of service delivery since they are easily accessible rather than representatives in a national assembly. 34 CHAPTER 6 PROPERTY TAX AND REVENUE GENERATION 6.1 The Property Tax Register In order for public institutions to derive maximum revenue from property it is important to have a well-structured land information system, which provides records of all properties on which tax officials can rely upon Real properties are required to be registered in the Real Property register in Sweden which contains information about the geographical attributes of the Property. Furthermore legal rights such as freehold and leaseholds, mortgages and easements are registered in the land register to give legal effect and state protection. These two registers are used together through a coordinating system known as the Land Data Bank System (Swedish Land and Cadastral Legislation 1998) The law on Property Tax was passed by the Riksdag in 1984 and spells out what should constitute the tax base and the tax rates. Prior to that the law on property assessment known as the Real Property Assessment Law was promulgated in 1979. The data on Property taxation is kept by the Tax Authorities in what is known as the Property Tax register and relies on the Land Data Bank System for basic information on ownership and location details of real properties. The Property Tax Register provides information on the owner, description of the property as well as the assessed values. Most of the information is supplied by the owners of the property who are require to fill in a tax assessment form and handed to the tax authorities (Kjellson 1994). 6.2.Property Tax Institutions The Property tax is a state tax in Sweden and for that matter property taxes collected are not retained by the municipalities but rather they are channelled into state treasury and form part of state revenue. As a result both state and local agencies play different roles in the assessment and collection of property taxes. Sandquist (2003) identifies the main agencies involved in the property taxation process as the National Tax Board and the National Land Survey. 6.3 Assessment Process The Property taxation procedure consists of two main parts. These are the actual assessment procedure itself and the preparatory work, which precede the assessment work. The National Tax board which is under the Ministry of Finance is responsible for the actual assessment work to arrive at the value on which the tax rates are based and relating the information of the taxes to be paid to the owners of the property. Prior to that it is the responsibility of the National Land Survey to supervise the preparatory work, which involves market analysis of the real estate sector in order to depict price trends 35 from comparables for different categories of properties. The bulk of this work is outsourced to valuers in the private sector. There is also currently operating a Computer Assisted Mass Appraisal, which relies on the LDBS for most of the data for the preparatory valuation work. It enables analysis on comparable rents and helps in the detection and deletion of irrelevant data on purchases and sales. This operates within the framework of a Geographic Information System where computer based maps are used to support the property data in the LDBS in such a way that each individual property data can be linked to its corresponding map. The process of determining the property tax to be paid by the owner requires a valuation of the properties by the various county tax boards under the supervision of the National Tax Authority to arrive at the assessed value. The law on real Property assessment indicates that the assessed value should be 75% of the open market value of the property two years before the assessment date. The taxbase consists of all real properties (both land and buildings) within a municipality subject to properties exempted by the law on real estate assessment. The exemption covers properties used for religious activities, educational purposes, state, county and municipal administration as well as properties belonging to the Nobel foundation. Furthermore new buildings are not liable to pay property tax during the first five years after construction and the taxes for each category of property are halved for the next five years. The process of determining the value of the taxbase requires an assessment. In Sweden two procedures are normally distinguished namely general and special assessment. A general assessment requires a valuation to determine the values of different types of properties according to a specific schedule. This assessment is done every third year and in the year 2003 and 2006 there will be an assessment for one and two family houses. The next assessment for apartment blocks will take place in the year 2004 and dwelling units on agricultural land will be assessed in the year 2004. A special assessment is carried out when considerable refurbishment, renovation or demolition is carried out on the property so as to increase or decrease the value arrived at during the general assessment by 20% or a minimum of 24000sek (Sandquist 2003). The tax rate, which is applied to the assessed value to determine the exact amount to be paid by the property owner, varies for different categories of properties and the rates are uniform throughout the country. As at 2003 the tax rate for one and two family houses as well as dwelling houses on agricultural land was 1% of the assessment value. It is 0.5% of the assessed value for apartment blocks and industrial buildings. The rate is 1% for commercial buildings such as offices and shops. The method currently adopted by the tax authorities for the valuation of one and two family units is the comparative approach. Where the usage of the comparative method is impracticable it is permissible to use the Yield Capitalization Method. The Cost method of Valuation is used for special industrial properties which are normally not for sale. Any property owner who is dissatisfied with the amount to be paid as tax can file a complaint within a period of five years and the law allows owners who are dissatisfied with the amounts 36 levied against them to lodge a complaint to the county tax court. In the event of default on the part of the owner, the law provides for the property to be sold to recoup the amount owed to the tax Authorities. 6.4 Contribution of Property Taxes Revenue from property and in particular property tax is an important source of revenue due to the role of real estate in the socio- econonomic development of Sweden. Every economic activity demands the usage of one form of real estate or another whether in the form of residential, commercial, agriculture or industrial. The values of the various type of real estate are shown in the table below. Table 6 The Swedish Real Estate Stock Market Values Type of Company Market Value billion) 200 200 350 350 350 350 300 2000 700 200 5000 Public real estate companies Institutional Investors Private Owners Municipal Housing companies Owner occupiers Public sector real estate Tenant owned real estate Detached houses and summer houses Farm and forest real estate Other Real Estate: Power Plant Total (SEK Source: real estate in urban context. (2003 Lecture notes) The table above indicates that the total value of Swedish real estate is estimated at 5000billion SEK and this is estimated to constitute about twice the size of the GDP in Sweden. A considerable amount of real estate is owned by Institutional Investors and Municipal Housing Companies, which indicate the extent to which real estate is viewed as a source of investment in Sweden. This implies that there is a considerable amount of money to be derived from the taxation of real estate since the bulk of the real estate described above is taxable except those exempted by law. Thus over the past ten years annual property taxes has contributed between 2%to 3% of state revenue as shown in the table below. Property taxes are a source of income for the state since individual municipalities do not retain the taxes collected but rather form part of total state revenue, which is utilized by the state in the administration of the country. The table below indicates the projected revenue sources from the annual property taxes and other taxes and fees on property for the period 2002 to 2006. 37 Table 7 Property Tax (Real Estate Tax) and Taxes on Property in Sweden Year 2002 2003 2004 2005 2006 Total State Revenue Revenue from property Property Taxes Wealth tax 742 743 782 812 844 36.1 37.0 38.2 39.2 40.2 23.2 24.0 24.5 25.1 25.6 4.1 4.6 4.8 5.0 5.2 Inheritance and Gift Tax Stamp duty 3.0 2.7 2.8 2.7 2.8 5.8 5.7 6.1 6.4 6.6 Source: Ministry of Finance &Statistics Sweden From the table above it can be deduced that the contribution of property taxes to state or central government revenue is averaged about 3% for the forecasted period, which is significant in absolute terms, and there is a marginal increase of an additional 1% from taxes on property, which raises the total contribution to about 4%. The other sources of taxes on property are derived from wealth tax, inheritance and gift tax and stamp duty. However when considering the roles of the various property contribution it can be deduced that Real Estate or property taxes contributed the most to revenue generation from the property sector. The pie chart below using year 2002 illustrates the situation. Table 8 Share of Real Estate Taxes in relation to total taxes on property Item Property tax Wealth tax Inheritance and Gift tax Stamp duty Contribution 64.3% 11.4% 8.3% 16.1% Source: Table 7 38 Diagram 4 Share of Property taxes in relation to Taxes on Property 16% 8% 11% 65% property tax wealth tax inh.& gift tax stamp duty Source:Table 8 From the above diagram, it can be inferred that the contribution of the property tax to revenue generation is significant within the real estate sector since it accounts for about two-thirds of total revenue collected within the sector. This implies that any policies to augment revenues within the real estate sector must be targeted at property taxes where the potential still exist for revenue to be increased. 39 CHAPTER SEVEN DETERMINING THE TAX BASE FOR REVENUE ENHANCEMENT 7.1 Introduction In order to ensure that there is a constant source of revenue from property tax to either the central or local government, it is necessary to ensure that the tax base, which is the source of revenue, is secured and capable of serving as a revenue source in perpetuity. This implies that there must be a well-structured and functioning land administration system capable of guaranteeing the security of tenure of land and property. This is established through the registration of title to land, which guarantees security to land, and for that matter protects the tax base on which the assessment of taxes depends from litigation. It is significant to note that the subject of Economics identifies three major factors of production namely land, labour and capital. Dale and Mclaughin (1999) define Land as “… a physical thing that encompasses the surface of the earth and all things attached to it both above and below. It is also an abstract thing that is manifest, as a set of rights to use with a value that can be traded even though the physical object cannot be moved”. Labour refers to the workforce used in the production process. Capitals on the other hand are manmade machinery, which are employed in the production process to generate goods and service. Furthermore, capital is any financial resource, which is capable of earning periodic income over a period of time. Land can be viewed as the earth’s physical surface or as a capital resource capable of generating further income. Land acts as a capital resource from two main perspectives. The first example is when undeveloped land is purchased through a contract known as a ground lease and ground rents paid by the tenant to the landlord periodically. On the other hand land could be developed into say residential or commercial property and sold or leased for a capital sum or income in the form of rents over a period of time. In the above two scenarios land has been transformed into capital and used as a form of investment. The subject of valuation has come about due to the necessity of determining the capital or rental value of land and property. Land provides the bedrock for any activity and Real Property constitute both land and the buildings or other fixtures and fittings attached to the land. In Sweden Land is divided into real property units and this forms the basic unit of ownership. For practical purposes, a distinction is made between land and real estate. The appraisal institute (2001) notes that land is termed as real estate when other structures such as buildings are attached to it. However in order for real estate to be transformed into a capital resource, it is necessary to establish ownership of the property through the process of registration of title. In this regard Desoto (2000) observes that what prevents poor people from transferring their properties into a financial resource in the form of loans from financial institutions is that the 40 title to their properties are defective and this prevents them from raising capital out of their properties. He writes that “because the rights to these possessions are not adequately documented, these assets cannot be traded outside of narrow local circles where people know and trust each other, cannot be used as a collateral for a loan, and cannot be used as a share against an investment”. A secured title to land implies a higher demand for land and property since ownership can be easily ascertained and the authenticity of the tax base can be justified from the land or tax registers. This enables public authorities to generate income through property taxation and thereby increase the level of social services they provide to the community. 7.2 Valuation Concepts According to the Appraisal Institute (2001) though concepts such as Price, Cost and Value are sometimes used interchangeably, they however differ in meaning. It indicates that “price refers to a sale or transaction price and applies to an exchange; a price is an accomplished fact. The price represents the amount that a particular purchaser agrees to pay and a particular seller agrees to accept under the circumstances surrounding the transaction. On the other hand cost refers to the amount of money spent in construction. It refers to production rather than an exchange between parties. A related concept is that of value. Value relates to the estimation of the monetary worth of land and property. There are various concepts of values such as use value, investment value and forced sale value but the most important value concept to appraisers is that of Open Market Value. The Appraisal Institute (2001) further states that the International Valuation Standards committee Defines Market Value as follows;“…..the estimated amount for which an asset should exchange on the date of valuation between a willing buyer and a willing seller in an arms-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion”. 7.3 Methods of Valuation. The basis of most appraisal work is to determine the Open Market Value of Land and property. The open market value arrived by valuers is based on estimation and may or may not coincide with the price based on negotiations between a willing seller and a willing buyer. The Open Market value serves as the basis for the determination of other values such as the assessment value for property taxation and mortgage values. There are a number of methods used in real estate valuation to arrive at the Open Market Value namely the Sales comparison method, the Income capitalization method and the Cost Method. 41 7.3.1 The Sales Comparison Method The Sales Comparison method of determining the Open Market Value of a property is based on the premise that no two properties are identical although they may be similar. In order to determine the value of a subject property, the method prescribes the selection of similar properties or comparables in the same location which have recently been sold in the open market and adjusting for differences between the subject property and the comparables to arrive at the value of the subject property. The need for adjustments arises due to differences such as location, legal rights and physical characteristics. The adjustments in most cases involve the subjectivity of the valuer and as such the valuer has to rely very much on his skill and experience. (See Appendix 1a) 7.3.2 The Direct Capitalization Method This method also known as the yield capitalization method is used to determine the value of a property by examining the property as an investment. The method seeks to advise the investor on the capital or initial investment he should invest to purchase a property in order to derive income or rent over a period of time or in perpetuity. In this situation the rent derived from a property is known and the valuers task is to determine the capital amount, which can purchase the property and produce the known rent. The Direct Capitalization method is used to “convert a single year’s income expectation into a value expectancy”. Appraisal Institute (2001). The capital value of a subject property is arrived at through the following procedure. The first step is to calculate the initial yield from comparable properties by dividing income by the price. Next the Net Operating income from the subject property is estimated by deducting the operation and maintenance cost as well as property tax from the rent to arrive at the Net Operating Income. Thereafter the Net operating income from the subject property is divided by the yield obtained from comparable properties to arrive at the market value for the subject property. (See Appendix 1b) 7.3.3 Discounted Cash Flow Method The discounted cash flow method is also an example of the investment approach to valuation of property. It is based on the concept that value is created by the anticipation of benefits to be derived in the future. The procedure involves cash flow projections of rents over a period of time say five or ten years and make allowances for inflation and deducting operational and maintenance cost as well as property taxes during the period of the projections. The values are then discounted by an appropriate discount rate. Thereafter the rent for the period after the lease is also estimated and capitalized using the Gordon’s formula and discounted to the present value. The values for the term and reversionary period are then added to arrive at the market value. (See Appendix 1c) 42 7.3.4 The Cost Method The Appraisal Institute(2001) describes the cost approach to valuation as a “set of procedures through which a value indication is derived for the fee simple interest (freehold) in a property by estimating the current cost to construct a reproduction of, or a replacement for, the existing structure plus any entrepreneurial profit or incentive to arrive at the total cost. Thereafter the cost of depreciation is subtracted to reflect the condition of the property. To this is added the open market capital value of the land and other site works. The cost approach to valuation assumes that cost will be equal to value. The cost components are made up of direct and indirect cost. Direct cost includes the cost of labour, construction materials and equipments whilst examples of indirect cost include professional consultancy fees and administration and marketing cost. Depreciation on the other hand, is defined by the Appraisal Institute (2001) as “the difference between the market value of an improvement and its reproduction and replacement cost. It is normally due to these reasons. The first is Physical obsolescence, which is also referred to as wear and tear. It arises from the normal everyday use of the property. On the other hand, functional obsolescence arises as a result of a defect in the building materials used or the architectural design, which leads to a reduction in the function of the building. External influences arise from factors, which cannot be controlled or avoided such as adverse market conditions and natural hazards. This method is usually used for the valuation of properties which are not normally put up for sale such as hospitals and religious places of worship. It is also employed in valuation for insurance purposes where the object is mainly to replace the building in case the property is destroyed by fire or other natural and manmade disasters.(See Appendix 1d) 7.4 Valuation For Taxation The aim of any property taxation assessment is to determine the amount to be paid as tax on the property. The procedure normally involves a three-part approach. The first approach is to determine the open market capital value or the open market rental value of the Property or tax base using either of the methods of valuation described above. Thereafter the assessment value is derived from the open market value of the property. The Appraisal Institute (2001) defines assessed value as the “value of a property according to the tax rolls in advalorem taxation. It may be higher or lower than market value or based on an assessment ratio that is a percentage of market value”. An advalorem tax depends on the value of the property, which varies from time to time. The next step is to make any necessary adjustments to the assessment value depending on statutory regulations. The last step is to apply the tax rate approved by the legal authorities to arrive at the rate or property tax, which must be paid by the taxpayer. Valuation for taxation is described as statutory valuation since the calculation of the tax is guided by official rules and regulations normally passed by the legislature. The various methods described above are usually used to determine the Open Market value in order to determine the assessment value for property taxation. However the choice of the 43 appropriate method of valuation depends on the policy objectives upon which the introduction of the tax was based. In order to determine the tax to be paid the assessment value could be based on the rental or capital value of the property. Where the assessment value would be based on rental value then the readily available method should be the Direct Comparison method since the other methods of valuation normally provide a capital sum than an annual or rental value. Where the property is owner occupied the rents passing on comparable properties would be used to assess the rents for the subject property and making the necessary adjustments to the rent. Where the object of the assessment is simply to know the value of properties for statutory purposes such as taxation and the assessment value is based on capital values then the Direct Comparison approach, the Direct Capitalization method, the Discounted cash flow method or the Cost method can be adopted. Where the properties are owner occupied and do not produce any revenue to the landowner and there have been a lot of comparable sales then the method of valuation to be adopted will be the Direct Comparison approach. On the other hand where the property is being used for investment purposes, such that there is an active rental market for both residential and commercial properties then the best way to arrive at the open market t value is to adopt either the Direct Capitalization method or Discounted cash flow method. However in the case where there are no active sales or an investment market in properties then the cost method of valuation could be adopted to arrive at the Open market value since the objective of the method is to equate cost to value. 7.5 Determining the tax base for revenue generation The discourse about the tax base has often woven around whether the tax base should be land or the improvement on the land. Dunkerly (1983) notes that the main contenders of the tax base are the total property value, site value and betterment. The relevant issue in the Swedish cases in terms of revenue generation would be whether the tax base should be changed from the total property value to taxation of either the site value or the improvement value, which refers to the development on the buildings. The tax base on which the tax rate is applied usually varies from country to country. There are usually four alternatives for consideration in property taxation namely the land, the building or both the land and building collectively called the property. The purposes for taxing land, building or the total property could be different. 7.5.1 Land as tax base The taxation of land to a large extent depends on whether the land is urban land or rural land. With urban land, due to government provision of infrastructure and excess demand over supply, the values of such lands tend to rise rapidly. The main reason is to encourage development and prevent speculation as a land use policy mechanism by taxing undeveloped land. Dunkerley (1983) reports that in order to encourage landowners to develop urban lands in certain areas in Taiwan and Chile, a tax on the 44 undeveloped land was introduced. In Jakarta a higher tax rate was imposed on lands, which did not comply, to the zoning regulations whilst there was a tax on the speculative gains on land values in the republic of Korea. On the other hand, Dale and Mclaughlin (1999) reports that Land taxes in rural areas have at one time or the other been levied on the productive capacity of land in countries such as New Zealand or South Africa. In New Zealand the objective was to discourage the individual holding of large units of arable land in 1878. Dunkerly (1983) notes that theoretical arguments have been put forward in terms of land taxation but there is yet substantial proof to indicate the benefits to be gained from taxing only the land value. However he notes that a change to land taxation can be justified on equity grounds where the high-income earners are the landowners and the taxes are aimed at distribution of land by making the rich release some of their land holdings. Additionally, it is noted that where land has a residual value such that the value of the land is higher than the building as occurs in many peri-urban areas then taxing land would yield higher revenues than taxing property. 7.5.2 Building as tax base On the other hand the tax base could be on the building and the advantage is that since buildings are more conspicuous than undeveloped sites and buildings are almost always identified, it is easier to identify the owner of a building for tax payment than the owner of undeveloped land. However the drawback with taxation of buildings is that it discourages investment in owner occupied properties since the payment of taxes could become a cost burden on the owner particularly those who later on retire and have no regular source of income. 7.5.3 Total Property(Land and Building) as tax base On the contrary, a tax on the total value of the property would necessarily generate higher income than a tax which was only levied on the site value or improvement value assuming the tax rate were the same. Taxing the total property also satisfies the definition of real estate as land and the building on the land In Sweden, property taxes are levied on the assessment value of the total property defined by 75% of market value two years previously and for that matter the tax base constitute both the land and the improvements on the land and the tax is to be paid by the owner of the property. 7.5.4 Betterment as a tax base This refers to increases in land values resulting from the provision of infrastructure or other services such as roads, street lightning or police service by the central or local government. Even though annual property tax payments aim at creaming off betterment, the property tax cannot always provide means of financing investment or recouping the cost of investment. At times the tax authorities find it necessary to charge a one-off payment for specific projects, 45 which are usually treated as a separate charge and distinct or additional to the usual property tax. This is so because since the tax rates on assessment values are small, they cannot pay off large public investments at once. In such a situation, Dunkerley (1983) indicates that the tax base is the increase in land or total value before the project is undertaken and the value of the project after the expenditures have been incurred .In order to determine the betterment tax to be levied on house owners, the comparative approach method is preferred for determining the value of the properties before the infrastructure project and after the infrastructure project. However the issue to be examined is whether all the betterment value needs to be creamed off as tax or a percentage of it. It will be unfair to property owners for tax authorities to assume that all the betterment value is a result of public investment since landlords’ activities on the properties such as periodic repairs and maintenance of the property also leads to increase in values as well. However it is acknowledged that location upgrading as a result of public investments within the locality are likely to influence values more than improvements in the individual characteristic of the property. A tax rate of 50% to 75% of the betterment tax is considered to be appropriate for creaming off betterment. The studies conducted by Macon and Merino Manon(1979) on betterment levies in Latin America revealed the problems associated with determining the area benefited by the public investment, determining the total betterment to be recovered and how to divide the levy among benefited properties. Alternatively if a public activity leads to a reduction in land values should the local authority compensate landowners? However the response to this lies in the fact that an activity, which leads to reduction in land values, would result in residents paying reduced annual property taxes since it will lead to the reduction of the assessment value. For a betterment tax to be effective, it implies that the tax must be applied to a specific area or a locality. This can be most effective in a situation where the local authority collects and uses the tax. In such a situation the local Authority can justify the collection of the tax based on the betterment since the local investment, which brought about the increase must be creamed off so that further investments can be made in the locality. It is worthy of note that it is difficult to identify all properties affected by betterment value and litigation may occur if not well managed. As an example certain areas may be included in a betterment tax simply because the investment such as a road may bypass their properties yet the values of such properties may not appreciate much. On the contrary, the effect of an investment may result in a spill over to other properties who experience increased values yet may be excluded from the list of benefited properties because the infrastructure such as a road does not bypass their properties. Yet another problem is that the values of properties must be known immediately before the investment and immediately after. This could make the cost of assessment very expensive. 46 7. 6 The California Assessment Example The California model calculates the open market value for assessment value based on the date of acquisition or construction of the property. Subsequently as the years go by the assessed value of the property cannot be increased by more than 2% per annum and the maximum tax rate is also pegged at 1%. However when the property is sold it is reassessed at current market value for the new buyer for that particular year alone. As long as the new buyer retains ownership, there is no reassessment but the value is only adjusted by 2% yearly. The main advantage of this model is that property owners who purchase similar property at the same time pay similar taxes. Moreover since the acquisition value, growth rate and tax rate are fixed, local authorities can calculate with certainty the revenue to be derived for a period of time. Thus it is easier to assess how a project can be financed. The main drawback to the model is that similar property within the same locality pay different taxes for the same services due to differences in the date of acquisition. Furthermore this model is likely to result in decreased revenues to the local authority since the assessment value would depend on market values, which are outdated. Additionally, since the rate of indexation is constant, it means that there is no room to adjust for variation if the rate of inflation happens to be higher the rate of indexation. The similarity to some extent between the California model and the Swedish model is that in both cases the assessment value is not the current prevailing open market value. Whilst in the Swedish case the open market value applicable is 75% of the value two years earlier, the date of valuation may be longer in the California model since the open market value is deferred to the date of acquisition. 7.7 The Current property taxation process in Sweden The present situation as regards the property tax is that the assessment value is based on 75% of the market value of the property two years prior to the date of assessment. It is calculated on the total property, which includes both the land and the buildings, and the tax is to be paid by the owner of the property. This implies that the market values for properties in 2003 would be based on the values of properties in 2001.The base values for year 2001 are then indexed by an appropriate factor upwards to account for inflationary increase between year 2001 and 2003. (See appendix 1e) 7.7.1 Observations on the Determination of the Taxbase. It must be observed that the starting point in the determination of the property tax to be paid by the property owner is the calculation of the Open Market value of the property. However a critical factor, which affects the determination of the open market value, is the existence of regulated rents on residential properties. This leads to a situation whereby contract rents are constantly below what should be obtained in the open market. The effect of this is to produce lower assessment values and a reduction in revenue collected by government .If the rent regulation was non-existent, then higher revenues would be derived from higher assessment values, which are based on the open market value. The valuation method such as the Direct Capitalization Method and the discounted cash flow method are dependent on multiplying rents by an appropriate capitalization rate or discounting factor to 47 produce the required value. As such if the rents are subsidized the capital values produced would also be subsidized values. 7.7.2 Issues For Consideration The method of valuation adopted for residential and commercial properties as noted earlier is the comparative approach as well as the yield capitalization method where the adoption of the comparable method is impracticable. The Cost Method is adopted in the case of properties, which are not readily sold on the market. It is noted that there should be a direct relationship between the comparative method and the yield capitalization method in the sense that the value of a property just sold should equate to the capitalized rent from that property at an appropriate yield. The observations based on the rental and price determination in the property market suggest that the rents and prices derived from commercial transactions are realistic since prices are arrived at through the direct interplay between demand and supply. Thus for commercial properties, the open market value of the tax base should produce the same or similar value if the rents are capitalized through the yield method or a direct sale is effected on the open market. The tax authorities can expect to collect about the same revenue since the value of the tax base does not vary substantially with the different methods of valuation and as such there should not be a substantial decrease in revenue due to the method of valuation applied. However the residential market poses a different scenario because of the existence of regulated rents. According to the publication by the Swedish Association of Tenants “Hyresgästföreningen”(2003) there are 1,600,000 rental dwellings out of which 860,000 are owned by Municipal housing companies and 710,000 owned by private Companies and individuals. The Rent Negotiation Act of 1978 repealed the Rent control Act of 1948. The Rent Negotiation Act allows tenant associations to negotiate rents with landlords based on what is termed the prime cost principle. This implies that municipal housing companies are supposed to operate without profits or interest and as such the rents are supposed to defray only the annual expenditures of the Municipal Housing Companies. This principle also extends to the private sector since rents operating must be similar to comparable dwellings owned by the Municipal Housing companies. The Comparative Method and the Direct Capitalization method could have been the most appropriate in determining the capital value since most apartments are being used for investment purposes. Furthermore it constitutes direct evidence of rents being charged on the properties. However the regulated nature of the rents possibly implies that the value of the capitalized regulated rent would be lower than the open market value in a deregulated market. This leads to lower revenue from apartments arising from the regulated rent structure as well as the method of Valuation adopted 48 7.7.3 The Case for Cost Method In view of the regulated nature of the apartment rental market, in order to come out with a market value, which is not subsidized, the cost method is considered appropriate since it is not dependent on rents. Therefore in arriving at the capital value the cost method could be applicable for the valuation of residential apartments since under the current system of rent regulation, rents are not entirely dependent on location which is a crucial factor in the choice of rents of the property, but rather on age and condition and as such it distorts capital values. However it must be noted the construction cost is not affected by location and as such location difference does not distort market values when the cost method is adopted. According to Andersson and Söderberg(2000) a political weapon used to ensure that low income people had access to housing in the inner part of Stockholm and to avoid segregation between the rich and the poor was the combined policy of rent controls and subsidized housing. However the practice of providing subsidies to public housing companies to construct houses could not be sustained and immediately the subsidies provided to developers were halted the construction stopped. The situation currently is such that though construction subsidies for developers have been removed, regulated rents continue to persist. Thus the situation now is that construction costs from apartment blocks reflect actual market cost whilst rent and sale prices derived from rent capitalization continue to lag behind open market values for apartment blocks. In such a situation the adoption of the cost method of valuation would produce assessment values closer to “free”open market values. Even though valuation principles normally do not advocate for the adoption of the cost method where there is an active investment market, in this situation the rent controls have defeated the purpose. Furthermore the main objective of property taxation is to generate revenue and therefore the comparison and the yield methods become less relevant when it can be proven that the cost method is capable of providing higher revenues for residential apartment . The two components involved in the cost method are the price of land and the cost of construction of the building. The capital values of these variables can be determined without the reliance on rents. Land values can be derived from comparable sales in the market whilst the total cost of construction is derived based on the cost for materials, labour and other indirect cost. The summation of the land price and the cost of construction form the open market value from which the base value can be derived. The tax rate is applied to produce the property tax to be paid. The advantage of the Cost method is that it is a relatively easier and does not require extensive technical expertise. As such it can be carried out with the minimum training of middle level manpower. Below is an example to indicate that given the existence of regulated rents on municipal residential apartments, the cost method should produce a higher capital value on a given property in a locality than the Direct capitalization method. This example is based on data derived from the open market in Stockholm 49 Table 15 Illustration using the Cost method based on market data. Cost of Building in square metres (sqm) Floor Space per apartment Construction Cost per square metre Cost of building 80sqm. 20,000sek per sqm 20,000x80 1,600,000sek. 80,000 1,680,000 168,000 1,680,000-168,000 1,512,000 Entrepreneurial profit at 5% Total Cost Less depreciation@ 10% Depreciated cost of building Site value in square metres Approxm area of apportioned site (out of total land area) per apartment Site value per square meter Price of land 30sqm 10,000sek per sqm 10,000x30sqm 300,000sek Value estimate 1512,000+300,000 1,812,000sek The above example is based on the total property (land and building) .As a result a tax base, which excludes the land value, would produce a lower tax base. However in order to achieve a higher revenue the tax rate can be increased. If for example the tax rate for calculating the construction cost based on total property value is 1%, then a tax base that excludes the value of the land could be fixed at 10%. The example below illustrates the situation when regulated rents are used to calculate the capital value of property through the Direct Capitalization method. 50 Table 16 Example using the Direct Capitalization Method to capitalize regulated rents derived from the open market Floor Space Regulated Rent 80sqm 750Sek per sqm 750x80 60,000sek 80 Sek per sqm 80x80 6400 60,000sek-6400Sek 53,600Sek 0.04 53,600 0.04 1,340,000Sek Operation and Maintenance cost Net Operating Income Yield Capital value The above table results in a lower capital value when regulated rents are used and illustrates the possible superiority of the cost method when rents are regulated and construction subsidies are non-existent. The current trend whereby tenant associations buy the rented premises from the landlords thereby converting them to condominiums has tended to produce market values, which are not related to the capitalized rents in the events of sale. This implies that the tenants in order to convince the owners to relinquish the current lease contract, which has not expired, would have to pay the owners a premium equivalent to the value of the unexpired lease duration of the contract as a first option. Thereafter the tenants must then pay the value of the capitalized regulated rent. The summation of the premium and the capitalized regulated rent should result in the open market capital value to be paid by the tenants. Having established an appropriate open market capital value devoid of the influence of regulated rents, subsequent sale transactions would also be on the basis of the open market capital values. The issue at stake is then what method of valuation should be used to determine the open market value for assessment for tax purposes for tenant owned apartments. In this situation since the tenant-owned apartments are being sold freehold at their open market capital values, the comparative method would be ideal method for the determination of the market value for the purposes of assessment. In the case of owner occupied single-family houses since the properties are not dependent on rents the value of the tax base can be determined through sale values based on the direct comparative sales method. 51 The above analysis points to three categories of relationship within the residential property apartment market. The first situation is that where the buildings are residential apartments and the rents are regulated, then the cost method appears to provide a higher open market capital value for assessment purposes than the Direct Capitalization method. In the second case, where the apartments are tenant owned, then maximum revenue should be derived through the usage of the comparative approach to determine the open market value. The third situation refers to single-family owner occupied properties. In this case also since capital values do not depend on rents, the comparative approach to determine the open market value should result in higher revenues. The peculiar nature of the Swedish property market implies that different revenue generation options should apply to the different situations. It is therefore important for tax administrators to consistently appraise the strengths and weaknesses of various property sectors .As it stands now, there is virtually no growth in rental apartment and innovative means of revenue generation would have to be devised in order to improve revenues from such properties. 52 CHAPTER EIGHT FINDINGS, RECOMMENDATIONS AND CONCLUSION 8.1 Summary of Findings The study examined the canons of taxation as proposed by Adam Smith and noted the relevance of the criteria of convenience, certainty, cost of collection and equity to taxation. In this regard it was observed that the issues most relevant to any local tax were that of immobility, visibility of the tax base, revenue maximization, local benefits and the ease of administration. Furthermore there was mixed reaction on the relevance of property taxes by the Political Parties. Whilst the Social democrats appear to be in support of the property taxes, the Conservatives were against it. An issue worth noting was that by the Centre Party which though found the property tax to be unjust all the same recognized that it provided a substantial form of revenue which any party could not do away with. This was buttressed by the Social Democratic Party, which indicated that the revenue realized from property taxation was essential to national development since it was sufficient to take care of the expenditure on child support. The study also provided information on the functions of the Municipalities. These functions included the provision of education, care of the elderly and disabled and provision of water and sewerage services. Also the main sources of finance for Swedish municipalities were a combination of user fees and local income taxes as well as central government grants. Unlike most other countries where the property tax is collected by the local Authority and utilized by them, the situation is different in Sweden since the property tax forms part of the state revenue. Additionally, an insight into the property tax machinery in Sweden was provided as well as the procedures involved in the tax assessment. There were two main procedures of assessment namely a general assessment and a special assessment. The tax rate for one and two family houses as well as commercial buildings is 1% of the assessment value, whilst that for apartments is 0.5% of assessment value. In the case of taxes on real estate which includes property tax, wealth tax, inheritance and Gift tax and stamp duty, it came to light that the property tax contributes the most to the national coffers since it contributes about 65% of the total revenue from taxes on real estate. The issue of weather the property tax should continue to be a state or local tax was found to be a contentious one since both options appear to be meritorious Finally as regards the important issue of a tax base it was discovered that there were four main options namely the land, building, land and building (total property) and betterment. Furthermore there were four traditional methods to determine the open market value namely the Sales Comparison Method, the Direct Capitalization Method, the Discounted Cash Flow Method and the Cost Method. Moreover it was discovered that an alternative view, which was applicable in California in the United States of America, was to base the valuation not on the current open market value but rather the value at the time of acquisition or new construction. 53 It was found that the method used for the valuation of one and two family houses was the Sales comparison Method and the Direct capitalization Method whilst the Cost method was adopted for industrial properties. However with hypothetical examples and data collected from the real estate market, it was illustrated that taken cognisance of the existence of regulated rents on the residential apartments market, it appears more beneficial in terms of revenue generation to apply the cost method in the valuation of rented residential units since the cost method was not dependent on rents. 8.2 Recommendations. Firstly, it is also proposed that the local authority be authorized to levy one-off betterment taxes from property owners to finance immediate and pressing infrastructure projects since the property tax per-se is incapable of financing large scale projects since they are collected in small quantities. In the Swedish case where municipalities are required to balance their budgets, a betterment tax may enable local authorities to recoup their cost of investment. In such a situation the property tax for that particular year could be reduced substantially. Also, since the property tax is now a state tax, the collection and utilization of the betterment tax should be the responsibility of the municipalities since they will be in a best position to identify properties, which have benefited from public services provided due to their local knowledge. Secondly, the issue of whether the property tax should continue to be a state tax or should be localized cannot be given a clear-cut answer. It is recognized that both the central government and the local government have important roles to play in order to implement the social welfare programme. As it stands now the state contributes to local government finance and if the tax should revert to the local authority, the state may intend reduce its contribution to local government finance. This implies that the impact of property tax going to local authorities may not be felt at all. The decision should therefore be a matter for each political party to decide. Thirdly, in line with the findings of the study, it is proposed that the Cost method of Valuation must be considered as a possible alternative to the other methods of valuation to determine the open market value for residential rental apartments for property tax assessment purposes. This as illustrated, would enable the state derive the maximum revenue possible from rental residential properties since the cost method should not be affected by decreasing revenues arising from regulated rents. However with condominiums and single family houses it is suggested that the present system of valuation through the sales comparison approach and alternative yield capitalization should offer the maximum revenue possible and be maintained for the calculation of open market values. Fourthly, the present mode of a tax base of both the land and property appears to be in the right direction since it yields higher values than if only the land was applied or the building was applied. However the adoption of the total value must also imply a low tax rate as currently operating so that the tax does not become unbearable to all categories of taxpayers. Fifthly, since the Swedish welfare programme demands a high level of public expenditure it is difficult to envisage whether the property tax can be dispensed with in the near future considering its contribution to the national treasury. Consequently, a mechanism would have 54 to be put in place to alleviate the suffering of vulnerable groups such as pensioners who are badly affected by rising levels in property taxes. It therefore becomes necessary to identify the properties of such vulnerable groups and apply the California model of assessment, which relates the valuation date to the date of acquisition. This will ensure that such vulnerable groups do not suffer unduly from appreciation in property values. Lastly, it is envisaged that in the long run, the potential for revenue generation lies in the total deregulation of the rent control system as suggested by Andersson and Soderberg (2002). A total deregulation would ensure that enough revenue is derived from rental properties to allow for profit. This would be an incentive for developers to enter the rental market where there is acute shortage. The effect is that it would also widen the tax base and to increase the revenue from property taxes since more properties will enter the residential apartment market. Additionally, it will allow open market valuations to be carried out through the direct capitalization approach and the discounted cash flow methods, which ultimately is the best method for the assessment of the capital values of rented properties. 8.3 Concluding Remarks This thesis has sought to show to a certain extent the linkage between the tax base, the method of valuation and revenue generation. It is reckoned that the driving force of any economy depends on its ability to raise revenues from taxes and importantly for a country such as Sweden where the welfare programme demands a high level of public expenditure. The Swedish case has shown the importance of the property tax to revenue mobilization. As the function of all levels of government continue to increase arising out of the huge task required to be performed by the public sector, it becomes important for the central and local government Authorities to formulate pragmatic policies and programmes which will increase revenue to the national treasury. In this regard, it is hoped that the adoption of the recommendations would in one way or the other help to augment revenues from property taxes and thereby increase the portion of the contribution of the property tax to the revenue profile of Sweden. 55 References Andersson R & Söderberg B, 2002, Deregulation of the Swedish Rental Market for Housing. Why and How? Appraisal Institute, 2001,The Appraisal of Real Estate. Appraisal Institute, Chicago. Bradfied R, 2000,The Constitution of Sweden (revised translation). Dale P &McLaughlin J, 1999, Land Administration. Oxford University Press, New York. De Soto , 2000, The Mystery of Capital. Basic Books, New York. Dillinger W, 1994, Decentralization and its implications for urban development. The World Bank, Washington. Dunkenley B H, 1983,Urban Land Policy, Issues and Opportunities. Oxford University Press, New York. Ellis C B,2003, Nordic Countries Office Properties. Harrisson, Smith and Davies, 1992, An Introductory Economics. Macmillan Press, London. International Association of Assessing Officers, 1997,Standard on Property tax policy, Chicago. Kjellson B,1994, Computer Assisted Valuation in Sweden. Lantmäteriverket , (1998),Swedish and Cadastral Legislation, KTH Högskoletryckeriet,Stockholm. Lundström S, 2003, Real Estate in Urban Context (Lecture notes). Macon J and Manon M, 1975, Betterment levies in Latin America, Inter American Development Bank, Washington. Miller L K, 2002 Advantages and Disadvantages of Local Government Decentralization: Georgetown Guyana June 25 to 28, 2002(Seminar). Ministry of Public Administration-Ds1992: 110,The Swedish Local Government Act. Newsec, 2003, Nordic Report Organization for Economic Co-operation and Development , 1983, Taxes on immovable property. OECD, Paris. Organization for Economic Co-operation and Development 1991, Urban Infrastructure: Finance and management. OECD, Paris, 56 Owens J &.Panella G, 1991, Local Government: An International Perspective.Elsevier Science Publishers, Amsterdam, Netherlands. Regeringsksnsliet, 2003,Local Government Finance. Regeringsksnsliet, 2003,Municipalities and County Council in Sweden. Regeringsksnsliet, 2003, Sweden’s Economy (Budget Bill 2004). Riksskatteverket,2003, Taxes in Sweden. Stiglitz & Drifill, (2000), Economics, Norton and Company, Newyork,Macmillan Press Ltd, London. Sundquist A, 2003, Real Property Assessment in Sweden. Sundquist A, 2003, The use of tax values in Sweden. Swedish Government Offices Article no.98.057, (2003), Municipalities and County Councils in Sweden. Svenska Kommunföfbundet, 2003, Levels of Local Democracy. Vlassenko I, 2001, Land and Property Taxation: Development, Evaluation and Perspectives. Royal Institute of Technology, Stockholm. Www.medievalgeneology.org.uk, (2003-10-12), Public Records, 2003, Doomsday Book. Www.svekom.se, (2003-08-2), About the Swedish Municipalities Www.sweden.se, (2003-07-21), Government and Politics. Www.riksdagen.se, (2003-08-10), The Riksdag at work. Www.regeringen.se (2003-8-10), Ministry of Finance Www.hjta.org/content/ARC00024A_Prop13.htm(2003-11-5), California model of property taxes 57 APPENDIX 1 1.A. EXAMPLE OF SALES COMPARISON APPROACH In the simplest form of the Comparative Analysis as an example, if a comparable property in a first class neighbourhood with a floor space of 500sq m has recently been sold for 500,000sek, then a subject property with similar features except a smaller floor area of 300sqm can be expected to command a value of about 300,000sek. 1.B EXAMPLE OF DIRECT CAPITALIZATION METHOD The following example illustrates the calculation of the capital value from the Direct Capitalization method of valuation based on the following assumptions. Assumptions: Net operating income (NOI) of Comparable Price of the comparable property NOI of the subject property 50,000sek 1,000,000sek 45,000 Sek Hypothetical illustration of Direct Capitalization Method of Valuation Assumptions Net Operating Income of comparable Property Price of Comparable Property Yield 50,000sek 1,000,000sek NOI Price 50,000 1000,000 0.05 (5%) Calculation The market value of the subject property NOI (of subject property) Yield 45,000 0.05 900,000sek 58 1 C EXAMPLE OF DISCOUNTED CASH FLOW METHOD An illustration of the calculation of the capital value using the Discounted Cash flow method is provided in the hypothetical example below based on the following assumptions. Inflation rate Discount rate Exit yield Growth rate for all cash flow variables 2% 8% 6% 4% Hypothetical illustration of Discounted cash flow method Year 2003 2004 2005 2006 2007 Rents 500,000 520,000 540800 562432 584929 Operation & 100,000 Maintenance Property Tax 50,000 104,000 108,160 112486 116,985 52,000 54080 56243 58492 Net Operating Income Discounted NOI 350,000 364000 378,560 398703 414651 324074 312071 300516 293058 282204 Residual Value 6910850 Discounted Residual Value Market Value 5474040 6703759 The above Table indicates that the operational and maintenance cost as well as property taxes are deducted from rents in order to arrive at the net operating income. Without property taxes the Net operating income would be higher and therefore when capitalized would produced a higher market value as shown below based on assumptions in the above table. 59 Hypothetical Illustration of Discounted Cash Flow method without Property taxes Year 2003 2004 2005 2006 2007 Net Operating Income Discounted NOI 400,000 416,000 432640 449946 467944 370370 363350 353163 330723 318474 Residual Value 7799066 Discounted Residual Value Market Value 5732546 7150152 The example shows that when property taxes are not deducted the market value is higher. In the example the market value increases from 6,703,759sek to 7,150,152sek due to the absence of property taxes. This example clarifies the earlier assertion that the absence of property taxes tends to increase the market values of properties. Consequently the abolition of property taxes would lead to an increase in the amount paid as Capital Gains Tax. 1D EXAMPLE OF THE COST METHOD Table 11 Hypothetical Illustration of the Cost Method of Valuation for a residential property Assumptions Cost of Building in square metres (sqm) Floor Space Construction Cost per square metre Cost of building 750sqm. 10,000sek 10,000x750 7,500,000sek. 375000 7,875,000 787500 7875000-787500 7,087,500 Entrepreneurial profit at 5% Total Cost Less depreciation@ 10% Depreciated cost of building 60 Site value in square metres Area of Site Rate per square meter 1000sqm 10,000sek per sqm Price of land 10000x1000 10,000,000sek Value estimate 7,087,500+10,000,000 17,087,500Sek 1E EXAMPLE OF BETTERMENT TAX Two ways in which the betterment tax can be calculated are described below. Table 12 Hypothetical Illustration of a betterment tax Assumptions Value of all properties before infrastructure project 10,000,000 sek Value after infrastructure Project 50,000,000sek Betterment Value 50,000,000sek-10, 000,000sek 40,000,000 Total number of benefited Properties 40 Betterment value per property 40,000,000/40 1000,000sek The problem of the above example is that it assumes that all properties would benefit equally from the investment. However this is not the case since even adjacent properties may be affected differently in terms of public investment. Another option would be to value each individual property before the investment and after the investment and the difference would be the betterment to be creamed off. An example is provided below. 61 Table 13 Another example of calculation of betterment value on a single property Assumptions Value of individual property before public investment Value of property after public investment Betterment value on particular property 1,000,000sek I, 500,000sek 1,500,000sek-1, 000,000sek 500,000sek In Table 13 the betterment values are calculated on each individual property and the tax to be paid is based on the betterment value of each single property separately. 1.F CALCULATION OF THE PROPERTY TAX Table 14. Hypothetical illustration of the calculation of Property tax for year 2003 Assumptions Type of area Residential site Residential Building Total Base Value 2001 500,000 1,500,000 2,000,000 Increase factor 2003 1.5 1.5 Tax rate 0.5% 0.5% Tax rate 0.5% 0.5% Amount 3750 7500 11,250 Calculation of Tax Paid Type of area Base Value in 2003 Residential Site 750,000 Residential building 1,500,000 Property Tax 62 APPENDIX 2 QUESTIONS DIRECTED TO OFFICIALS OF THE ASSOCIATION OF LOCAL AUTHORITIES Infrastructure Finance 1. What are the problems you encounter in the management of local infrastructure? 2. Generally, do you think you perform too many functions? 3. Which of the functions would you like to be removed and on which do you incur the most expenditure. 4. Is revenue derived from various sources capable of financing local infrastructure? 5. Can the Municipalities finance their infrastructure projects without State support? 6. Does the municipalities own any housing units? 7. Does the Municipality pay any property tax if it owns these housing units? Contribution of Property Taxes 8. What is the tax rate for different types of properties? 9. Do you think the tax rates should vary amongst municipalities based on the availability of infrastructure? 10. What has been the contribution of property tax to government revenue over the last ten years? 11. Do you think the revenue collected from Property taxes is sufficient? 12. What is the level of default in the payment of Property taxes 13. What can be done to increase revenue from Property taxes? 14. Do you think there is the need to redefine the tax base or method of valuation so as to enhance revenue mobilization? 63 State or Local Property Taxes 15. Do you want the Property tax to be a State or a Municipalities tax? 16. What are the advantages of the State receiving Property Taxes? 17. What are the disadvantages in the State receiving Property taxes? 18. What will be the benefits if the Property taxes are received and used by the Municipalities? 19. What will be the disadvantages of the Municipalities receiving Property tax? Policy Issues 20. What is the purpose of equalization? 21. Do you think it is a good system? 22. Does equalization stifle initiative on the part of Municipalities? 23. Would you like a system without equalization and why? 24. Do you think the property tax is a regressive tax and why? 25. What measures are in place to support the poorer members of society who cannot afford the Property tax? 64 QUESTIONS DIRECTED TO OFFICIALS OF THE NATIONAL TAX AUTHORITY Organization Set up 1. What are the various institutions involved in the assessment process? 2. What are the difference in roles between the National Tax Office and the National Land Survey? 3. Why is it necessary to separate the two roles? Method of Assessment Procedure 4. What information is contained in the Property tax register? 5. What is the basis and method of valuation for taxation? 6. Do you think there is a need to change the tax base and/or the method of valuation? 7. Would such a change lead to increased revenue for the Municipalities? 8. To what extent is computer assisted Mass appraisal used in the assessment process? 9. How useful is it as a tool for Property valuation 10. Is any aspect of the assessment and collection of Property taxes outsourced? 11.If yes is the outsourcing to Public or Private companies? 12.Is the tax office satisfied with the quality of outsourced work? Cost Of Assessment 13.What is the cost involved in the assessment process? 14.What is the percentage of the cost in relation to the total revenue? 15.Do you think the cost involved is large and what can be done to reduce the administrative cost. 65 QUESTIONS ADDRESSED TO POLITICAL PARTIES IN SWEDEN 1.Does your Party support property taxation? 2.Why do you want the property tax to be retained or abolished? 3. If it is retained do you expect any changes to be made to it? 4. If abolished what is your alternative to the property tax? 5. Do you think the Property tax is regressive? 6.Do you think the property tax should be a state or local tax? 7. Do you think there are too many taxes on property? 8. Do you think it is a disincentive to home ownership and investment? 66 67
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