2020 Property Taxation: Targeted Land Assessment Averaging10 Targeted Land Assessment Averaging...
Transcript of 2020 Property Taxation: Targeted Land Assessment Averaging10 Targeted Land Assessment Averaging...
2020 Property Taxation: Targeted Land Assessment Averaging Regular Council - March 10, 2020
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• Property Assessment & Taxation Framework
• Targeted Land Assessment Averaging
• Recommendations
• Development Potential & Taxation Impact on Independent Small Businesses, Arts, Culture & NPO Sectors
• Provincial Interim Solution
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BC Assessment
City Council
Other Taxing Authorities
Market Dynamics
Land Use
Policies
BC Assessment determines: • property value based on highest &
best use & market activities • property class based on actual use
City Council determines: • land use policies (zoning, density, etc.) • total tax levy to be collected • residential/business tax share • tax rate for each property class • use of land assessment averaging
Property Assessment & Taxation Framework
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Step 1: Determine tax levy required to support the budget
Step 2: Determine tax share between residential & non-
residential property classes
Step 3: Set tax rate for each property class
Property Tax Rate = Tax Levy ÷ Taxable Assessment Base
Annual Operating Budget – Non-tax Revenues = Tax Levy
2019: Residential 56% / Non-residential 44%
How Are City Tax Rates Determined?
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Revenue Neutrality
City does NOT get more taxes as property value increases.
Tax rates are adjusted to collect levy set by Council.
Residential Tax Rate
Business Tax Rate
$0.0
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
$16.0
$18.0
Tax
Rat
e (p
er $
1,00
0 as
sess
ed v
alue
)
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Assessment Changes & Taxation Impact
Property #2
Property #4
Property #3
Property #1
Year 1
Property #2
Property #4
Property #3
Property #1
Year 2
City allocates taxes among properties based on assessed values • below avg increase in property value for 1 & 4 lower tax • above avg increase in property value for 2 & 3 higher tax
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Single family homes have had higher tax increases than strata until recent years
Assessment Changes & Taxation Impact Residential
$980
$1,0
44
$1,0
47
$1,0
76
$1,0
54
$1,0
48
$1,0
29
$996
$961
$979
$1,0
71
$1,2
30
$1,7
42
$1,9
45
$2,0
65
$2,1
88
$2,3
54
$2,4
58
$2,5
41
$2,6
86
$2,8
30
$2,9
93
$3,0
27
$3,0
49
-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Average City Property Tax Strata vs Single Family
Strata
Single Family
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Informing the Public
A video at vancouver.ca/property-tax illustrates the relationship between assessment changes and property taxes
Q4 2019 – BCA notified property owners with significant assessment increases
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• Property Assessment & Taxation Framework
• Targeted Land Assessment Averaging
• Recommendations
• Development Potential & Taxation Impact on Independent Small Businesses, Arts, Culture & NPO Sectors
• Provincial Interim Solution
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Targeted Land Assessment Averaging
Targeted averaging provides short-term, multi-year relief to “hot” properties to mitigate significant tax increases for residents, businesses, arts, culture & NPO sectors
According to the Property Tax Policy Review Commission (2014), a “hot” property is one that experiences an unanticipated, year-over-year increase in total net assessed value, before land averaging is applied, which exceeds the average assessment increase for the same property class >10%
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What Drives Property Values?
• supply and demand
• market speculation
• major infrastructure investment
• an actual (or perceived) higher & better use relative to existing use
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Targeted Land Assessment Averaging
Only “hot” properties above the threshold are eligible.
Averaging could lower value up to, but not below, the threshold.
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Where are the “Hot” Residential Properties? 2020: ~25,200 (13%) [2019: ~40,900 (21%)]
(8.4
%)
aver
age
ases
smen
t dec
reas
e
1.6%
Thr
esho
ld a
sses
smen
t inc
reas
e
-
5,000
10,000
15,000
20,000
25,000
<(25%) (20%) (15%) (10%) (5%) 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 55% 60% 65% 70% 75%+
# of
Pro
perti
es
Taxable value increase (2020 vs 2019)
5 year targeted averaging
Unaveraged
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Targeted Averaging – Residential Threshold: Value Increase >1.6% [2019: 11.7%]
Assessment Impact
7.95
% C
ounc
il di
rect
ed ta
x in
crea
se
-
5,000
10,000
15,000
20,000
25,000
<(25%) (20%) (15%) (10%) (5%) 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 55% 60% 65% 70% 75%+
# of
Pro
perti
es
Estimated tax increase (2020 vs 2019)
Unaveraged
5 year targeted averaging
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Targeted Averaging – Residential Threshold: Tax Increase >20.6% [2019: 18.9%]
Taxation Impact
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Averaging – Impact on Residential Tax Rate
Tax levy required $ 482M
Assessment base $ 306B
Tax rate $1.574
Pre-averaging Assessment Base
$306B
Averaging reduces assessment base
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Tax levy required $482M $482M
Assessment base $306B $304B
Tax rate $1.574 $1.585
Post-averaging Assessment Base
$304B
Averaging – Impact on Residential Tax Rate
Higher tax rate to achieve “revenue neutrality”
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Provincial Tax Relief Programs Residential – Assessment Act s19(8)
Intent: Protect long-term home owners whose assessed values would rise due to zoning changes How: Land is assessed based on current zoning, not anticipated redevelopment potential Eligibility: Owner/occupier @ principal residence >10 yrs # of Properties: 2020: 1,099 2019: 1,021
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Provincial Tax Relief Programs Residential – Home Owner Grant
Intent: Provincial grant to offset taxes to protect lower value homes & seniors How: Up to $570 grant for lower value homes; additional $275 grant to seniors Eligibility: Owner/occupier @ principal residence valued up to $1.525M (reduced to zero @ $1.639M) # of Claims: 2020: applications in progress 2019: 85,909
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Provincial Tax Relief Programs Residential – Property Tax Deferment
Intent: Tax deferral for seniors & families with children; taxes & low rate interest paid upon sale of property How: Charge against the property on equity released resulting from sale Eligibility: Owner/occupier - >55 yrs old, or - with children <18 yrs old
# of Properties: 2020: applications in progress 2019: 8,414
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How Provincial & City Programs Work Together
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Where are the “Hot” Commercial Properties? 2020: ~3,200 (22%) [2019: ~3,700 (29%)]
4.7%
ave
rage
ase
ssm
ent i
ncre
ase
14.7
% T
hres
hold
ass
essm
ent i
ncre
ase
-
500
1,000
1,500
2,000
2,500
3,000
3,500
<(25%) (20%) (15%) (10%) (5%) 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 55% 60% 65% 70% 75%+
# of
Pro
perti
es
Taxable value increase (2020 vs 2019)
5 year targeted averaging
Unaveraged
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Targeted Averaging – Light Industrial/Business Threshold: Value Increase >14.7% [2019: 33.6%]
Assessment Impact
5.8%
Cou
ncil
dire
cted
tax
incr
ease
-
500
1,000
1,500
2,000
2,500
3,000
3,500
<(25%) (20%) (15%) (10%) (5%) 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 55% 60% 65% 70% 75%+
# of
Pro
perti
es
Estimated tax increase (2020 vs 2019)
Unaveraged
5 year targeted averaging
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Taxation Impact
Targeted Averaging – Light Industrial/Business Threshold: Tax Increase >20.3% [2019: 18.0%]
Averaging reduces assessment base
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Tax levy required $352M $352M
Assessment base $ 81B $ 78B
Tax rate $ 4.31 $ 4.48
Post-averaging Assessment Base
$81B
Higher tax rate to achieve “revenue neutrality”
Averaging – Impact on Commercial Tax Rate
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• Apply targeted 5-yr averaging for residential, light industrial & business properties – set threshold at property class average change + 10% – limit averaging up to, but not below, the threshold
• Include properties impacted by Director of Planning initiated amendments to Zoning & Development By-law or ODP
• Exclude properties whose owners sought additional density or a change in use from Council through rezoning, whether enacted or not, or through Council-approved policy changes
Recommendations
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• Property Assessment & Taxation Framework
• Targeted Land Assessment Averaging
• Recommendations
• Development Potential & Taxation Impact on Independent Small Businesses, Arts, Culture & NPO Sectors
• Provincial Interim Solution
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• Properties are assessed at “highest & best use” (full market value) in accordance with the Assessment Act, and property taxes are allocated to individual properties based on those values
• For underdeveloped/non-HBU commercial properties, the unrealized development potential could result in significant property tax implications
Highest & Best Use Assessment & Taxation
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Independent small businesses, arts, culture & NPOs operating in underdeveloped/non-HBU properties, particularly those in neighborhoods that are experiencing fast pace of change and dramatic increase in market valuation, are impacted the most
• Through triple net leases, landlords pass the entire tax burden onto tenants – taxes on the space they rent and taxes on the development potential
• Independent owner/operators may also experience significant cashflow challenges until they redevelop/sell their properties
Impact of Development Potential on Independent Small Businesses, Arts, Culture & NPOs
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• One tax rate per property class; cannot lower rate on development potential
• Cannot modify assessed values or change property classes set by BC Assessment
• No guarantee that tax relief goes to tenants; depend on lease terms
Legislative Restrictions for Municipalities
Without appropriate legislative authorities, Council has very limited tools to target tax relief to independent small
businesses, arts, culture & NPOs
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Established in Q4 2018, the IWG is made up of…
Province • Ministry of Municipal Affairs & Housing • Ministry of Finance • BC Assessment
CFO’s (& designates) representing Metro Vancouver • Vancouver, Burnaby, Coquitlam, District of North Vancouver,
Richmond, Surrey & West Vancouver • City of North Vancouver & Delta joined after Provincial
announcement in Jan 2020
Intergovernmental Working Group
Focus: Tackle taxation impact from development potential
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Upon the introduction of Bill 42, Minister Robinson committed to reviewing “Highest & Best Use” valuation impacts on various non-residential property classes, including light industrial and business, in addition to ongoing work on identifying property tax mitigation strategies for small businesses subject to triple net leases.
The Province is seeking to understand what changes could be considered to provide a more fair and efficient assessment system for the affected classes in the context of real estate market pressures, affordability issues and Government’s economic priorities.
Ministry of Municipal Affairs & Housing (Oct 2018)
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IWG Recommendation (May 2019) Split Assessment Thru’ Commercial Sub-class
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Development Potential
Existing Commercial Use
Remains in Class 6 - Business
Current: Class 6 – Business Future: New Commercial
Sub-class
BC Assessment: Splits existing use vs. development potential values
Council: Lowers tax rate on development potential for eligible properties
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• Targets tax relief on development potential
• Enables municipalities to tax “existing use” vs. “development potential” differently without altering HBU assessment
• Offers a common platform for municipalities while allowing for a high degree of flexibility, scalability and customization
• Permissive – up to individual municipalities to adopt, or not
• Highly scalable and significantly less administratively burdensome than permissive exemption
• Does not shift tax from one municipality to another
IWG Recommendation (May 2019) Split Assessment Thru’ Commercial Sub-class
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Sequence of Events…
IWG Recommendation to Province May 2019
Jul 2019
Aug/Sept 2019
CoV Council Briefing & Adoption
IWG Written Clarifications to Province
Mid-Jan 2020
Sept 2019 UBCM Motion Adoption
Provincial Tax Relief Announcement
Mar 2020 Provincial Legislation Adoption
Mid-Apr 2020 Municipal By-law Enactment Required
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• Property Assessment & Taxation Framework
• Targeted Land Assessment Averaging
• Recommendations
• Development Potential & Taxation Impact on Independent Small Businesses, Arts, Culture & NPO Sectors
• Provincial Interim Solution
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Permissive exemption • municipalities to exempt a property from taxation, in
whole or in part, to provide tax relief for small business, arts, culture & NPO tenants on triple net lease
Eligible Property • must have experienced cumulative land assessment
increase by more than a set percent (e.g. 80%) over 5 years
• must have at least one tenant on triple net lease
Provincial Interim Solution (2020-2024) Address Volatility, Not Development Potential
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• A tool to address assessment volatility (similar to targeted averaging), NOT development potential
• Significant implementation challenges – small business not defined for assessment & taxation purpose – ownership/tenancy info & lease agreements not available – unrealistic timeline
• Unintended consequences – owner/operator small businesses not eligible – may result in tax shift from big box/chain stores to small
business property owners
• Significant risks & potential for legal challenge
Evaluation of Provincial Interim Solution
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Brighouse Solution for City of Richmond
• BILL 15: 2011 Municipalities Enabling & Validating Act - Brighouse Tax Relief
• Legislation tabled in May 2011 and municipal by-law adopted in Oct 2011 in time for 2012 tax year
• 6-month implementation for policy development, public consultation, application, due diligence, by-law adoption
• 39 properties all within a neighborhood with same characteristics
Implementation Challenges – Case Study
City of Vancouver – over 3,000 “hot” properties
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• Do not support Interim Solution
• Does not address development potential
• Too many unintended consequences
• Arbitrary eligibility criteria with significant tax shift impact
• Not able to consult impacted parties on program criteria
• Not able to do proper due diligence
Feedback from IWG & Key Stakeholders…
Proposed legislation addresses only symptom (assessment/tax volatility), not cause (development potential)
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2020 Approach for Vancouver
• Continue with targeted 5-year assessment averaging
– most of top 5% “hot” properties will receive ~25% reduction in assessed value
– most ineligible properties are stratified hotel units and surface parking lots (development land)
• Continue to work with Metro Vancouver, UBCM & key stakeholders to pursue the Province to implement “Split Assessment thru’ Commercial Sub-class” in 2021
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Next Steps: Property Taxation Cycle
BCA: Property valuation
July October December May February March January April
BCA: Property
classification (actual use)
CoV: Council approval of operating
budget & tax levy
CoV: Council approval of land assessment
averaging
BCA: Assessment
Notices
CoV: Council approval of permissive exemptions
BCA: Revised Roll
BCA: Completed
Roll
BCA: Average Roll
CoV: Council approval of tax
distribution
BCA: Assessment appeals reviewed by Property Assessment
Review Panel
BCA: Property owners submit
assessment appeals
CoV: Council approval of tax rates
May-July
CoV: Tax billing & Collection
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Questions?