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HomeMy WebLinkAboutTR-38-99 .. -' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File#:Fd.-1TI1 ' Res. tlCPft- 3~-'17 Date: June 21, 1999 Report #: Subject: TR-38-99 By-Law #. UPDATE ON THE FINAL BILLINGS FOR 1999 PROPERTY TAXES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-38-99 be received for information, and 2. THAT Staff proceed with the original billing target date schedule as set out in the By-Law Number 99-62. BACKGROUND AND COMMENT: The attachments to By-Law Number 99-62, BEING A BY-LAW TO ADOPT THE ESTIMATES OF ALL SUMS REQUIRED DURING THE YEAR AND TO STRIKE THE RATES OF TAXATION FOR MUNICIPAL PURPOSES FOR THE YEAR 1999, contained the following 1999 final property tax billing installment target dates: Residential, farmland, managed forests and pipelines July 16th and September 24th 1999 Multi-Residential, commercial and industrial (Capped Bills) August 27"', October 15th and November 19th 1999 Subsequent to the passing of that By-Law new information has come to light that raises several issues and concerns that Council should be aware of. 839 .. ~eporfTR-38-99 Page 2 NEW ISSUES AND CONCERNS: Separation of Non-Capped vs. Capped 1999 Final PropertY Tax Bills: At the time of the 1999 interim billing (February 1999), the regulations related to the Bill 79 (10-5-5 Capping) methodology were not yet completed. Therefore, the 1998 retroactive adjustments required for properties within the capped classes could not be calculated. Since interim property tax bills are based on the previous year's taxes, it was not possible to calculate an 1999 interim tax amount on these properties until after the 1998 adjustments were completed. As a result of the delays relayed to the implementation of Bill 79, the Province granted Municipalities the power to interim bill the non-capped property classes separately from the capped property classes. Clarington went forward and issued interim bills in these non-capped classes (Residential, farmland, managed forests and pipelines) in March 1999. It was the intention to continue the separation of the non-capped and capped properties with respect to the final 1999 bills for the following reasons: . continued delays with respect to the issuance of the 1998 retroactive adjustments for the capped property classes, . anticipated delays related to the 1999 capped property tax calculation, . significant strain on cashflow from any further delays in tax billings, . more even distribution of taxpayer inquiries, . the need to return to and maintain a normal billing cycle for at least the majority of properties (non- capped), and . implications of further delays on such programs as pre-authorized payments. On May 31, 1999, the Municipal Finance Officers Association (MFOA) reported in their 10-5-5 newsletter that there might be a problem with the separation of the final 1999 property tax bills. The Municipal Act and regulations passed pursuant to it suggest that there is no expressed authority for municipalities to issue final tax bills for one class in advance of issuing them for other classes. There are different legislative interpretations of this issue. 840 ~ ReperfiR-38-99 Page 3 The Expert Panel met on June 8, 1999 and discussed this issue. The subsequent MFOA release states that "It does not appear that there is anything that can be done in the short-term to establish a clear authority for municipalities to issue final tax bills for the uncapped classes. It was made clear that neither the Ministry of Finance nor the Ministry of Municipal Affairs and Housing will challenge the final tax bills of municipalities that have, or will, issue bills prior to having finalized bills for the capped classes" As well, numerous municipalities in Ontario have already issued the final 1999 bills for the non-capped classes. Further, it is believed that all Durham local municipalities (with the possible exception of Oshawa) are intending to or have already issued separate 1999 final bills. Considering the valid initial reasons to justify the continued separation for the 1999 final bills, the position of the Provincial government and the actions of other Ontario municipalities; it is the recommendation of staff that the Final 1999 Tax Billings remain separated and that staff continue to target July 16, 1999 as the 1st installment date for the non-capped classes. Capped Final Bills: Clarington, as well as all other municipalities in Durham, is utilizing the OPT A (On-Line Property Tax Analysis system provided by the Provincial Government) to do the majority of the capping calculations. Clarington is still waiting for the OPTA data to be updated with the 1998 appeals and reconsideration's, prior to issuing the 1998 retroactive adjustments for the capped property classes. OPAC estimated that these updates would be completed in the early part of June 1999. After the OPT A data has been updated, verification and reconciliation of the 1998 retroactive capping adjustment will be done. 841 "-' ReperfTR-38-99 Page 4 It was originally anticipated that both the retroactive adjustment and the final 1999 taxation calculation could be completed for the 1st installment date of August 27, 1999. However, the Provincial government's reduction of the multi-residential 1999 education tax rate could result in a delay of the 1999 capping calculation. Bill 79 and its associated regulations define a mathematical capping formula that requires the assumption that the capped classes education rate remains the same over the three-year capping period (1998-2000). The 1999 commercial education tax rate will be the same as 1998. Although the industrial class's education rate will be somewhat lower in 1999, this change was anticipated and accounted for in the capping calculation methodology. However, the decrease in the multi-residential education rate (announced in the March Budget) was unanticipated and cannot be accommodated in the current legislation and regulations. The Province is aware of the problem and is reviewing both the regulation and calculation methodology to determine what revisions are required. It is unknown when this issue will be resolved. It is still anticipated that the 1998 retroactive capping adjustments can be completed for the August 27, 1999 due date. However, it may not be possible to incorporate an installment towards the final 1999 taxes on this bill. If this occurs, attempts will be made to complete the 1999 capping calculations in time to issue a final 1999 bill towards the end of September without revising the targeted installment dates of October 15th and November 19th 1999. Staff will continue to keep Council advised on this issue. Respectfully submitted, Reviewed by: d ~~-~ Franklin Wu. M.C.I.P., R.P.P., Chief Administrative Officer. MM/NT/DH/cd 842