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HomeMy WebLinkAboutFIN 13-20 Report to Executive Committee Report Number: FIN 13-20 Date: November 2, 2020 From: Stan Karwowski Director, Finance & Treasurer Subject: 2021 Interim Levy and Interim Tax Instalment Due Dates File: F-4200-001 Recommendation: 1. That an interim property tax levy be adopted for all realty property classes for 2021; 2. That the interim property tax levy instalment due dates be February 24 and April 28, 2021; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of a by-law that establishes an interim tax levy to all property classes, payment due dates, and penalty and interest charges. Under Provincial legislation, the interim levy can be no more than 50 per cent of the previous year’s annualized taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. These due dates are relatively unchanged from prior years. Financial Implications: This is an annual report which is procedural in nature. Enacting a by-law that establishes an interim tax levy to all properties will permit the City to meet its financial obligations and reduce borrowing c osts until such time as the 2021 Budget and 2021 Final Tax Levy by-laws are approved by Council. The first instalments payable to the School Boards and Region are due shortly after the due dates. Discussion: In accordance with the Municipal Act, 2001, as amended, the City issues interim property tax bills based on the previous year’s annualized taxes. -C¾of- PJ(KERJNG Report FIN 13-20 November 2, 2020 Subject: 2021 Interim Levy and Interim Tax Instalment Due Dates Page 2 Those taxpayers that utilize the City's Pre-authorized Tax Payment Plan (PTP) will have the benefit of spreading any potential tax increase over the 6 instalments that occur after the City's budget has been passed and after the Province sets the 2021 (final) education tax rates. The City currently has approximately 12,000 ratepayers using the monthly PTP program. Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12-month period and also do not experience the impact of an increase to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. Attachments: 1. By-law to Establish the 2021 Interim Instalment Due Dates Mi Jones Supervisor, Taxation Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Approved/Endorsed By: Stan Karwowski Director, Finance & Treasurer Attachment #1 to Report #FIN 13-20 The Corporation of the City of Pickering By-law No. /20 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2021 Whereas Section 317 of the Municipal Act, 2001, S.O.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for th e year, pass a by-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and Whereas, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2020. b. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2020. c. For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and where applicable for school purposes, levied in the year 2020. 2. For the purposes of calculating the total amount of taxes for the year 2021 under paragraph 1, the Treasurer has the authority to prescribe the percentage for the calculation of the interim taxes, and if any taxes for municipal and school purposes were levied on a property for only part of 2020 because assessment was added to the collector’s roll during 2020, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this by-law apply in the event that assessment is added for the year 2020 to the collector’s roll after the date this by-law is passed and an interim levy shall be imposed and collected. By-law No. Page 2 4. Taxes shall be payable to the Treasurer, City of Pickering. 5. When not in default, the payment of taxes, or any instalment thereof, may also be made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 6. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.O. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the Treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act, 2001, S.O. c.25, as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act, 2001, S.O. c.25, as amended. 8. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2021 interim taxes, 1 notice being an interim notice, with 2 instalments under the provisions of Section 342 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, as follows: Interim Tax Notice - Due date of the first instalment February 24, 2021 - Due date of the second instalment April 28, 2021; or either date adjusted by the Director, Finance & Treasurer. 9. Section 8 of this by-law in respect to the due dates does not apply to those taxpayers who participate in the City’s monthly Pre-authorized Tax Payment plan (PTP). Monthly PTP interim due dates are the 1st, 8th, and 16th day of each month. 10. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. By-law No. Page 3 11. In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining unpaid on the first day after 21 days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. It shall be the duty of the Treasurer immediately after the expiration of the said 21 days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said 21 day period, together with the said percentage charges as they are incurred pursuan t to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. 12. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 13. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than 30 days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this by-law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 14. If any section or portion of this by-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this by-law continue in force and effect. 15. That this by-law is to come into effect on the 1st day of January, 2021. By-law passed this 23rd day of November, 2020. ______________________________ David Ryan, Mayor ______________________________ Susan Cassel, Clerk