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HomeMy WebLinkAboutTR-059-00 .' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . REPORT Date: Monday, September 18, 2000 File # ;:/0 G,:r Res. tiff/!- if/3?Ji) Meeting: General Purpose and Administration Committee Report #: TR-!i9-00 FILE#: By-law # Subject: Property Taxation Status Report Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-59-00 be received for information. 1.0 BILL 14 AND FINAL 2000 CAPPED BILLS 1.1 In December of 1999, the Province of Ontario passed Bill 14- More Tax Cuts for Jobs, Growth and Prosperity Act, 1999. This legislation had a significant impact upon 2000 tax billing for properties in the commercial, industrial and multi-residential family of classes. Specifically, new construction properties were to receive special tax treatment under the 10-5-5 program for the 2000 billing as well as retroactively to 1998 and 1999 depending upon the date of the new construction. 1.2 Essentially, Bill 14 created an alternative method of calculating 1997 assessments for properties that did not exist in 1997 by determining the average level of assessment of comparable properties in the vicinity. This level was compared to the 1997 assessment based on the average level of assessment for the class across the whole municipality (based on provincially prescribed construction factors). The lower of the above two values is incorporated into the frozen assessment listing for the property. The amount of taxes then billed is the lower of the taxes determined using the frozen assessment listing under the 10-5-5 calcuiations or CVA times the tax rate. 1.3 As mentioned, Bill 14 also provided for mandatory rebates to be paid to certain newly constructed properties in 1998 and 1999. 1.4 For the 2000 year, the Municipality had two options. The Municipality could have issued 2000 final tax bills for the capped classes without waiting for the Ontario Property Assessment Corporation (OPAC) to identify comparable properties under Bill 14 and for the Online Property Tax Analysis (OPTA) to be updated to incorporate Bill 14 calculations. In this case, all post billing adjustments done to bring the tax 815 REPORT NO.: TR-59-00 PROPERTY TAXATION STATUS REPORT PAGE 2 bills into conformity with Bill 14 would have to be funded from the local tax base. The alternative was to wait until both OPAC and the Province (via OPTA) had provided all necessary information in order to accommodate the Bill 14 adjustments into the final 2000 bill. In this case, the cost of the Bill 14 adjustments are financed through the 10-5- 5 claw back factors across the Region. This was the approach taken in Clarington in order to minimize the tax impact upon local property taxpayers. 1.5 Final 2000 tax bills have now been issued for the capped classes with due dates of September 20th and November 22nd A copy of the insert to these bills has been attached for your information (Attachment #1). A copy of the Region of Durham Finance Report #2000-F-44 is also attached for information (Attachment #2). 1.6 Unfortunately, the adjustments mandated for new construction for prior years must be financed from the local tax base. A portion will be charged back to the Region and the School Boards as appropriate. The total impact for Clarington new construction for 1998 and 1999 may be in the vicinity of $300,000 to $400,000 to be shared with upper tier and schools. 1.7 Currently, all property owners qualifying under Bill 14 as new construction have been notified of the comparable properties selected by OPAC. They have ninety days from the date of mailing to appeal the comparable properties selected. OPTA has not yet been modified to calculate these prior year adjustments as yet. It is the intention of staff to issue rebates once the appeal period has expired and OPT A has been modified to perform the calculations. Municipal Tax Equity Consultants will be assisting with the calculations. 2.0 ARB PRIOR YEAR MANUAL ADJUSTMENTS 2.1 Due to the significant volume of appeals submitted as a result of the implementation of Current Value Assessment, there were unavoidable time delays in processing by OPAC and the Assessment Review Board. Generally speaking, residential appeals were dealt with first and others such as commercial, industrial and multi-residential followed thereafter. As a result, the Municipality received a significant number of ARB decisions relating to the capped classes in late 1999 and early 2000 for the 1998 and 1999 taxation years. 2.2 Bill 79 (10-5-5 capping legislation) required that the capping adjustment be recalculated to reflect any subsequent changes in assessment applicable to the 1998, 1999 and 2000 taxation years. In August, the Municipality processed 84 manual adjustments relating to 1998 and 1999 taxation years. This represents approximately 10% of the properties in the capped classes with each requiring a significant amount of time due to the complexities involved. Municipal Tax Equity assisted in determining the capping adjustment and Municipal staff verified this and calculated billing adjustments. Multi- year impacts were determined and adjustments made to taxpayer accounts prior to the issuance of the 2000 final bills. 816 REPORT NO.: TR-59-00 PROPERTY TAXATION STATUS REPORT PAGE 3 2.3 As ARB decisions and appeals are ongoing, subsequent adjustments will be calculated as they are received by the Municipality. This includes those relating to the 2000 taxation year that could not be processed until final tax bills issued. 3.0 SUPPLEMENTARY BilliNGS 3.1 As mentioned in section 2.2 above, Bill 79 required that the capping adjustment be recalculated to reflect any subsequent changes in assessment. This also applies to supplementary assessments. This, in particular, picks up properties that switch from residential into one of the capped classes. In the case of supplementaries. the capping calculation must be done but the property may also require removal from the residential phase-in program depending upon the effective date of the supplementaries. 3.2 In 1999, all supplementaries relating to capped classes were put on hold until capping calculations could be done. In particular, there are special rules relating to expansions of facilities etc. that provided complications. The Municipality's auditors were apprised that the bills could not be issued. This was typical across the Province. 3.3 In conjunction with the manual adjustments mentioned in section 2, supplementary tax bills were calculated and issued for all supplementary rolls received in 1999 from OPAC with the exception of one that incorporated multiple supplementaries as well as Bill 14 impacts. 3.4 For supplementary assessment rolls received in 2000, all bills were issued in August, 2000 for the non-capped classes. Those affected by Bill 79 and Bill 14 will be issued in the fall of this year. 4.0 2001 AND BEYOND 4.1 As is mentioned in the Region Finance report attached and the 2000 capped tax bill insert also attached, there are some major outstanding issues relating to the 2001 taxation year. During this year, OPAC has been compiling information for a province wide reassessment effective for 2001 based on June 1999 as the valuation date. Information regarding impacts will be forthcoming in the fall of 2000. 4.2 Also, as you are aware, Bill 79 (10-5-5 capping) is completed in 2000. The Province has stated that some form of phase-in will continue. However, they have not yet released any legislation or information to indicate what form that phase-in may take. 4.3 Staff will report back as soon as the Province releases information or draft legislation. MFOA jointly with AMO and AMCT have recently released a position paper with their recommendations. It is available on the MFOA website. Potentially, tax bills will be delayed again in 2001 depending upon when the Province proceeds with legislation and the form of that legislation. 817 REPORT NO.: TR-59-00 PROPERTY TAXATION STATUS REPORT PAGE 4 5.0 CONCLUSIONS 5.1 Due to the volume of activity during the month of August, and the need to issue correct 2000 final bills for the capped classes in a timely manner, some taxpayers received long awaited prior year adjustments (both bills and credits) back to back with the final bills. Staff felt it was necessary to ensure that those taxpayers awaiting credits received those credits in time to apply them to their final 2000 tax bill. Those receiving bills relating to prior year adjustments have been aware for some time that the bills would be forthcoming and have received the benefit of the bills being deferred until now. 5.2 Some complaints have been received as a result of the balances owing. Staff have spent many days working with the taxpayers who have called with concerns and questions. Although it is not permitted under the Municipal Act to waive penalty and interest, staff have been as accommodating as possible regarding payment arrangements while treating all concerns consistently and reasonably. 5.3 As mentioned above, a status report for the 2001 tax year will be forthcoming when further information is available. Respectfully submitted, Reviewed by, ", ~/6~ ~rie Marano, HBSc., AMCT, CMO., Treasurer. O~~ Franklin Wu, Chief Administrative Officer. MM/NT/hjl Attachments Interested parties to be notified of Council and Committee's decision. 818 ATTACHMENT III MUNICIPALITY OF CLARINGTON TAX INFORMATION INSERT 2000 PROPERTY TAX UNDER PROVINCIALLY MANDATED BILL 79 CAPPING (Also referred to as the 10-5-5 Cap) 2000 INSTALLMENT DATES: September 20TH AND November 22ND The Province of Ontario implemented Current Value Assessment (CVA) in 1998 along with a number of other policy-related changes (i.e. business occupancy tax elimination, provincial services downloading, residential education taxes reduction, farm rebate elimination and region- wide tax ratios). . Bill 79 ties the 1998-2000 property taxes to the property taxation that existed in 1997. The Provincial Government has mandated this calculation for all Ontario municipalities (excluding Metro Toronto) and for all properties within the Multi-Residential, Commercial and Industrial family of classes. Residential, farmland and the managed forest classes are not affected. By tying the 1998-2000 property taxes to 1997 (before CVA implementation), the Province has significantly reversed the implementation of the 1998 reforms. As stated above, the reforms introduced in 1998 were wide-ranging and complex. To achieve the partial reversal of these reforms requires a very detailed and complex mathematical calculation for each property. The Province has created and mandated the methodology, formulas and factors required for the calculation and the municipality has no flexibility in implementing the legislation. The delay in the implementation of Bill 79 is a direct result of the complexity of the mathematics involved. Although the legislation became law in December of 1998 the Province prescribes, through regulations, the formulas and factors required for the calculation. Many regulations were not filed until 1999. The Province has also passed Bill 14 in late 1999. Bill 14 introduced new rules for the treatment of newly constructed properties under the 10-5-5 capping program. Bill 14 ensures that these properties will have a 1997 assessment that is no higher than that of comparable properties in the immediate vicinity. These rules have been applied for the 2000 tax bill attached. Prior year adjustments for applicable properties will be forthcoming. 2000 TAXES & BEYOND Didn't I already receive a final 2000 Tax Notice? Final 2000 Tax Notices for the uncapped classes (residential, farmland and managed forests) were issued in May. If you own a mixed-use property (Le. one property with multiple assessment classes) then you may have received a final tax notice for the uncapped class portion of the property. The capped class assessment based property taxes were NOT included on this bill. 819 What about future taxes? In the year 2001, Bill 79 expires and it is not currently known what will transpire. Also, a reassessment process has been done for the 2001 taxation year (valuation date of June 30, 1999) by the Ontario Property Assessment Corporation. Property-by-property impacts are not yet available. lawyer to resolve discrepancies in your purchase transaction. Does it matter if I have had an assessment changed? If your assessment has been adjusted by either the Ontario Property Assessment Corporation (OPAC) or by a decision of the Assessment Review Board, then it will affect the capping calculation. The majority of approved assessment related changes, which have been received by the Municipality, are incorporated in the capping adjustments. However, assessment changes are ongoing and will result in revisions to the appropriate tax billing year. What do I do if I have tenants? In 1998, the Province eliminated the Business Occupancy Tax (billed to business rather than property owners) and the lost revenue was recovered by an increase in the general property tax rate. The Province passed legislation that allowed the property owner to pass through some of their increased costs to tenants who were relieved of tax liability in 1998. Bill 79 requires that property owners recalculate any tenant's tax adjustment in light of the 10-5-5 Cap. Guidelines for this calculation have been provided by Province and are available from the Municipality of Clarington Municipal Administrative Centre. CONTACT INFORMATION Assessment related questions: Ontario Property Assessment Corporation (905) 432-8444 (Oshawa) or 1-800-268-2224 Provincial Information: Ministry of Finance (Centre Street and King, Oshawa) Online at www.gov.on.ca/FIN or Ontario Legislation: www.ontla.on.calDocuments/documentsindex.htm Municipality of Clarington (Tax Department): (905) 623-3379 PAYMENT I NfORMATIQN CAN BE FOUND ON THE FRONT OF YOUR TAX BILL. 820 I recently purchased this property, shouldn't this bill go to the previous owner? Under the current legislation, it is the property and not the individual owner that is taxed. As such, the current owner is responsible for any outstanding taxes, including pre- ownership taxes resulting from legislated retroactive adjustments. Please contact your ATTACHMENT 112 'September 13, 2000 TO: The Finance and Administration Committee FROM: RJ. Clapp, Commissioner of Finance RE: REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM RECOMMENDATIONS: That the Finance and Administration Committee recommend to Council that: 1) This Report be forwarded to Region Council for information; and 2) The Regional Solicitor be directed to prepare the requisite by-Iaw(s) REPORT: 1.0 BACKGROUND . The 10/5/5 capping program (under Bill 79, Fairness for Property Taxpayers Act, 1998) is set to expire on December 31,2000. . On May 24. 2000. Council was informed that there would be a delay in issuing the final 2000 property tax bills for the capped classes (Report #2000-F-25). The delay was primarily due to the new methodology required under Provincial Bill 14 (More Tax Cuts For Jobs, Growth and Prosperity Act, 1999) for new construction properties. 2.0 FINALIZATION OF 2000 CAPPING DATA . Unfortunately, the final capping data was not available prior to the last Regional Council meeting. Regional Finance staff along with Area Municipal staff continued to worked over the summer months to ensure the integrity and accuracy of the 2000 capping data and calculation. 2.1 Establishment of 2000 Reqion-Wide Cut-Off Date . On July 4, 2000, the Commissioner of Finance with the agreement of the Area Treasurers, set a Region-wide cut-off date of July 7, 2000, for the calculation of the Region-wide clawba'ck percentages, municipal levy impact percentages, education tax cut percentages and the school tax recovery amounts. . Following the cut-off date, municipal staff reviewed the capping results from the OPT A system and on July 18, the capping data was frozen for the purpose of proceeding with the final 2000 property tax billing. 821 REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 2 2.2 New Construction Complexity Added . The capping analysis and finalization were more difficult and time consuming this year. The implementation of the new construction methodology, mandated in Provincial 8i1l14. resulted in increased complexity, required substantial input from the Ontario Property Assessment Corporation (OPAC) and detailed review by Area Municipal staff. The implementation of this new methodology was. the primary reason that the final 2000 capped property tax bills were delayed. . According to the Province, new construction was being penalized under the existing 10/5/5 capping rules and, therefore, introduced the new methodology. . However, as Regional staff discussed in Report #2000-F-29 (Appendix 2, Section 2.4.4), new construction properties by definition do not require capping protection. These properties did not exist in 1997 and, therefore, have no 1998 assessment-related tax increase for which protection was intended. . As well, these changes provide an unfair competitive advantage to new construction who will receive the benefit of any protection offered to comparable properties. Existing comparable properties which have tax decreases clawed back will be at a disadvantage to these new construction properties. . As well as increasing the workload related to the 2000 capping, the new construction methodology must be applied retroactivity to 1998 and 1999. This will require that municipalities recalculate the 1998 and 1999 property taxes for these properties and provide rebates (if applicable). The rebates must be shared between the local municipality, upper tier municipality and school boards. . Section 6.0 of this report provides the financial impact of the new construction methodology in 2000 and estimates the potential municipal liability for 1998 and 1999 rebates. 3.0 2000 DECREASE CLAWBACKS AND SUMMARY OF PROGRAM (1998-2000) . For 2000, the "assessment related" increases in taxes for the multi-residential, commercial and industrial classes are effectively capped at 20% of the 1997 taxes (i.e. the 10% cap for 1998 plus an additional 5% cap for each of 1999 and 2000). 822 REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 3 3.0 2000 DECREASE CLAWBACKS AND SUMMARY OF PROGRAM (1998- 20001/cont'd . Table 1 provides the 2000 Region-wide c1awback percentages required to fund the capped increases. . In order to finance the 2000 "capping" of property taxes, Provincial legislation requires that the property owners in the capped classes who received assessment related decreases must have a portion of the decrease clawed back in order to finance the capped increases. TABLE 1 PERCENTAGE OF PROPERTY TAX DECREASES TO BE CLAWED BACK FOR THE YEAR 2000 Multi-Residential Properties Industrial Properties Commercial Properties 48.7739% 45.8831% 60.3042% . Graph 1 shows the GRAPH 1 clawback percentages CLAWBACK PERCENTAGES BY CLASS FOR 90% 3 YEAR 10 /5/5 CAPPING PROGRAM required over the three .1998 79.9% years of the capping 80% 01999 74.2% program by property tax 8 2000 class. 70% 67.&%1>6.5% 60% . For the Multi-Residential class, the small decrease 50% in the clawback 40% percentage from 1998 to 1999 is primarily due to 30% - classification changes and 20% ' reduced CVA values as a result of Assessment 10% Appeal Board (ARB) 0% rulings. Mu Iti-Residential Commercial Industrial . For the Commercial and Industrial classes, the lower reduction in the clawback percentages for 2000 when compared to the reduction that occurred in 1999 is due to the impact of ARB rulings (the appeals for these classes began after the residential and multi-residential hearings were completed for the Province). As well, the impact of the new construction methodology in 2000 both reduced the size of the decrease pool and increased the protection required for these classes, resulting in upward pressure on the c1awback percentage. 823 REPORT #2000-F44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 4 4.0 2000 PROPERTIES INCLUDED IN CAPPING PROGRAM AND SUMMARY OF PROGRAM (1998-2000) . There are approximately 160,000 properties in the Region of Durham, with slightly over 6,100 (3.8%) in the capped classes. Although the number of properties included in the 10/5/5 program is relativity small, these 6,100 properties pay approximately $58 million or 26% of the total Regional General Purposes Tax Levy. . Table 2 provides a breakdown of the number of properties in 2000 that were included in the 10/5/5 capping program. . In 2000, 2,435 properties had TABLE 2 a portion of NUMBER OF PROPERTIES INVOLVED IN THE their decrease 10/5/5 PROGRAM IN THE YEAR 2000 clawed back Multi-Residential Commercial Industrial All to provide ~ ~ ~ 9nw protection to Capped Increases 173 1,792 448 2,413 2,413 properties that No Effect (Increase <:: 20%) 105 939 221 1.265 had their Decrease Clawbacks 142 1,961 332 2.435 increases capped. Total for Class 420 4,692 1,001 6,113 . The following four graphs (Graphs 2 to 5) show the breakdown of the number of properties included in the 10/5/5 program over its three year duration by property class and the total across all classes. GRAPH 2 Multi-Residential Properties Effected by 10/5/5 Program 1998 - 2000 211 .1998 01999 .. 2000 105 . As properties that had assessment related increases in 1998 approach their full CVA taxation (CVA x taxation rate) under the 10/5/5 program parameters, they move from the Capped Increase group to the No Effect group. Capped Increases 137 138 142 No Effect (Increase <; Decrease Clawbacks 20%) 824 REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAl AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 5 4.0 2000 PROPERTIES INCLUDED IN CAPPING PROGRAM AND SUMMARY OF PROGRAM (1998-20001/cont'd . Properties with an assessment related decrease in 1998 remain in the Decrease Clawback group; however, the percentage of the clawback decreases as the amount of protection offered to the Capped Increase Group decreases or until all increases have been phased in. . The changes in the number of properties within the Decrease Clawback group varies slightly as a result of Assessment Review Board rulings that either alter the CVA of the property or changes the property classification. As well, new construction properties (in 1998 or 1999) could affect the number of properties in the Decrease Clawback group. In 2000, new construction properties are not permitted to be clawed back. GRAPH 3 Commercial Prooerties Effected by 10/5/5 Program 1998 - 2000 2,456 .1998 01999 El2000 3K~ U 939 .1998 01999 " 2000 109~ U Capped Increases No Effect (Increase Decrease < 20"lo) Clawbacks .1998 01999 " 2000 1,265 555~ ILII GRAPH 4 Industrial ProDerties Effected by 10/515 Program 1998 - 2000 '" 221 '" Capped Increases No Effect (Increase < Decrease Clawbacks 20%) . Graph 5 represents the total number of properties included in the 10/5/5 program across all property capped classes (multi- residential, commercial and ind ustrial). Graph 5 All Properties Effected by 10/5/5 Program 1998.2000 3,270 825 Capped Increases No Effect (Increase < 20%) Decrease Clawbacks REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 6 5.0 2000 FINANCING OF THE 10/5/5 CAPPING AND SUMMARY OF 3 YEAR PROGRAM (1998-2000) . Table 3 provides the aggregate Region-wide financing required for the 10/5/5 program in the year 2000. TABLE 3 FINANCING OF THE 10/5/5 PROGRAM IN THE YEAR 2000 ($millions) Multi-Residential Commercial Class Classes Capped Increases (0.874) (8.651) No Effect (Increase < 20%) Decrease Clawbacks 0.874 7.538 Total for Class 0.000 (1.113) Industrial Classes All Classes (4.113) (13.638) 3.445 11.857 (0.668) (1.781) . The Provincial school tax recovery program ensures the 10/5/5 program is revenue neutral on a Region-wide basis. Area Municipalities are required to lower the 2000 payments to the school boards by an assigned amount and forward it to the Region in its role as banker for the capping program. The aggregate amount from the area municipalities in 2000 will be $1.78 million, making up for the shortfall in the financing provided by the decrease clawback group. GRAPH 6 Protection Provided by Property Class under the 10/5/5 Program 1998 - 2000 ($millions) . Graph 6 represents the protection provided by property class for the duration of the program. 11.6 . As the capping threshold increases (10% in 1998,15% in 1999 and 20% in 2000), the amount of protection required decreases. ~ Multi-Residential Commercial 826 .1998 01999 \012000 5.6 5.3 Industrial REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAl AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 7 5.0 2000 FINANCING OF THE 10/5/5 CAPPING AND SUMMARY OF 3 YEAR PROGRAM (199B-2000Ilcont'd . Graph 7 shows the total decrease clawbacks required to fund the capping protection (in addition to the school tax recovery). . In all three years of the 10/5/5 program, approximately $1.7 to $1.8 million in school tax recovery was need to ensure the program was revenue neutral on a region-wide basis. GRAPH 7 Clawbacks Required to Finance Capping Protection by Property Class under the 10/5/5 Program 1998 - 2000 1o.<($millions) n .1998 01999 "" 2000 4.9 4.6 Multi-Residential Commercial Industrial Note: To make the 10/515 Program revenue neutral on a Region-wide basis, the School Tax Recovery funds the difference between protection and the claw backs. 6.0 IMPACT NEW CONSTRUCTION METHODOLOGY 6.1 Estimated Impact of Bill 14 on the 2000 10/5/5 CappinQ PrOQram . Table 4 provides an overview of the impact of the new construction methodology on the 2000 capping program for the Region as a whole. Table 4 Estimated Impact of New Construction Methodology in 2000 Pre Bill 14 With Bill 14 Effect of Bill 14 Old MethodoloClV New MethodoloQv New Methodoloqy Number of Number of Number of Properties Impact $ Properties Impact S Properties ImpactS Regional Capped 15 (298.921) 19 (459.009) 4 (160,0881 Clawback 32 453,047 (32\ (453.047) No Affect 39 67 os Total 86 154,126 86 (459.009) (613.135) 827 REPORT #2000-F-44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 8 6.0 IMPACT NEW CONSTRUCTION METHODOLOGY/cont'd · In 2000. 86 properties were designated as new construction. Of these: · Overall protection to the properties increased by $160,000 (or 1.2% of total Region-wide protection provided); · 32 properties had their c1awbacks eliminated and (p~tentially) were provided with protection, reducing the c1awback pool available to fund the protection for all properties by $450,000 (or 3.8%); and · The overall impact of these changes was $613,000 or approximately 4.5% of the 2000 protection provided. 6.2 1998 and 1999 Rebates for New Construction · As well as revising the methodology for the capping calculations of new construction properties in 2000, Bill 14 requires a similar methodology to be retroactivity applied to these properties in 1998 and 1999. · Since it is not possible to reduce the protection provided to these properties or retroactivity alter the c1awback percentages that existed in previous years, the retroactive rebates required under Bill 14 will result in a loss of taxation revenue for 1998 and 1999. . By using the 2000 new construction impact as a guide. Table 5 estimates the potential taxation losses of the 1998 and 1999 new construction rebates for each taxation tier. Table 5 Estimated Annual Cost of New Construction Retroactive Rebates for 1998 and 1999 Based on Average Taxation Share of a Commercial Occupied Property using 2000 Tax Rates Taxation Tier Total 2000 Impact S S hare of Taxation Share of Rebate S Local Municipalities School Boards Regional Total 612,000 612,000 612,000 N/A 18% 55% 110,160 336,600 165.240 612,000 27% 100% 828 REPORT #2000-F-44 FINALIZATION OF 2000 10/515 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM' , Page 9 6.0 IMPACT NEW CONSTRUCTION METHODOLOGY/cont'd · The Area Municipalities have the majority of legislative responsibilities under the Bill 14 new construction methodology including: · Providing property owners with a listing of comparable properties (supplied by OPAC) used in 2000 capping calculation; · Calculation of 2000 final taxation using the new 'comparable' methodology, previous Provincial Prescribed Factor methodology and maximum CVA tax methodology; · Provision of final 2000 capped tax billed to property owner including explanation and answering of any question; · Calculation and provision of 1998 and 1999 potential rebates under new Bill 14 rules; and · Allocating costs of actual rebates to three taxation tiers (local, regional and school), 7.0 NEXT STEPS · The Regional Solicitor will prepare the by-Iaw(s) required for the 2000 10/5/5 capping program, · On August 28, 2000, the Municipal Associations' official recommendations on a post-2000 business protection program were released in a paper entitled "RECOMMENDA TlONS FOR A POST 2000 TAX MITIGA TlON PROGRAM: A MUNICIPAL PERSPECTIVE: FINAL REPORT August 2000". · This paper has been submitted to the Province for consideration with the "hope that this report will provide the basis for provincial-municipal consultation on a post 2000 tax mitigation program". · The approach, principles and recommendations contained in the Associations' paper submitted to the Province are in line with the protection recommendations contained in Commissioner of Finance Report #2000-f-29 as adopted by Regional Council on June 28, 2000, which outlines the Region of Durham's recommendations to the Province on a post-2000 business protection program, 829 , REPORT #2000-F- 44 FINALIZATION OF 2000 10/5/5 CAPPING FOR MULTI-RESIDENTIAL, COMMERICAL AND INDUSTRIAL PROPERTY TAXES AND SUMMARY OF THREE YEAR PROGRAM Page 10 7.0 NEXT STEPS/cont'd · The Region will continue to work with Area Treasurers on any post 2000 protection program and other property taxation issues, · Regional staff will continue to keep Council informed of any developments in the 10/5/5 capping program or any post 2000 protection program, ~~,rp Commissioner of Finance Recommended for Presentation to Committee: GH Cubitt, Chief Administrative Officer MGIREPORTS\1 055 finalization 830