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HomeMy WebLinkAboutFIN 19/99 "'- :tI1'I OF PIC f*, . co~ ).-- REPORT TO COUNCIL FROM: Gillis A. Paterson Director of Finance & Treasurer DATE: June 23, 1999 REPORT NUMBER: FIN 19-99 SUBJECT: Revised 1998 Taxation Billing for Commercial, Industrial & Multi-residential properties RECOMMENDATION: It is recommended that: 1. thc Director of Finance and Treasurer be authorized to issue the final adjusted 1998 Tax Bills for commcrcial, industrial and multi-rcsidential properties with a duc datc of August 27, 1999; 2. the Direeetor of Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; ,.. 3. the Director of Finance & Treasurer notifY Members of Council in advance of the Bill 79 adjustment billing, including any communications issued and any changes in the billing process. 4. The necessary By-Law No. 5527 as contained in Schedule A be read three times and approved; and 5. The appropriate staff of the Town of Pickering be given authority to give effect thereto. ORIGIN: Director of Finance & Treasurer AUTHORITY: The Municipal Act R.S.O. 1990, as amended, and Regulations. The Assessment Act, R.S.O. 1990, as amended and Regulations. The Education Act, R.S.O. 1990, as amended and Regulations. FINANCIAL IMPLICATIONS: I!IIfIa. The Minister of Finance has been making school board remittances on behalf of the Town of Pickering to the various local boards to ease the cashtlow strain associated with Bill 79. The Town of Pickering has to repay the Province $8.8 million by July 31, 1999. Based on current - I "- - - 3 2 (!eport to Council FIN 19-99 Date: June 23, 1999 Subject: Revised 1998 Taxation Billing for Commercial, Industrial & Multi-residential Properties Page 2; infonnation contained in the OPT A database, the Town of Pickering can collect $1.7 million) from the clawback properties. These funds will be used to help repay the Provincial loan. The 1 balance will come from the FINAL 199 tax billing. ' EXECUTIVE SUMMARY: Adoption of the above recommendations and the attached By-law provides for the revised 1998, laxation billing for lhe cOllllllcrcial, industrial and Illulti-residential propcrties. BACKGROUND: The Town of Pickering will soon be in a position to calculate the final 1998 property tax, adjustments in accordance with the "10-5-5" capping legislation (Bill 79) passed by the Province on December 18, 1998 and implemented through various regulations. This legislation was put in place to limit assessment refonn related increases to 10% in 1998 and 5% in each of 1999 and 2000 on commercial, industrial and multi-residential properties. The 1998 property tax adjustments will be done using the Ministry supplied Ontario property\ Tax Analysis (OPT A) system, the 1998 assessment roll and the 1997 frozen assessment roll. To do the revised 1998 tax billing, assessment activities such as Assessment Review Board (ARB) appeal decisions, Section 442's have to be reflected in the OPTA database. As of June 21,1999, the Provincial database has not yet reflected all of these changes. Once the database has been! "updated", Town of Pickering staff will conduct a verification process to validate the integrity ofl the database. It is anticipated that the verification process could take from four to six weeks: before the database can be used to do the billing. After this process, Town of Pickering staff will; then be in a position to issue the 1998 property tax adjustments. Recommendation 2 authorizes I the treasurer to alter the date mainly due to the uncertainty of the billing schedule. The due date j as established by the Treasurer would be governend by Section 399 subsection (6) of the Municipal Act that states that the due date is fixed as 21 days after the billing date. The current anticipated due date for the revised 1998 taxation billing is August 27, 1999. Recommendation 3, will ensure that the treasurer infonns Pickering Council in advance of any changes due to the fact \) it is anticipated that the Members of Council may receive phone calls from the Bill 79 taxpayers. j I Finance staff are currently working with the OPT A database to analyze the impact of the 1998~ property tax adjustments and to develop an implementation strategy. The 1998 property tax . adjustments for Durham Region lower tier municipalities is presented in table one. ! it .., Table One 1998 Property Tax Adjustments for Durham Region Single Tier Municipalities '1 Municipality Multi- Residential Commercial Industrial Class Pickering $ 64,374 ($1,232,642) ($ 438,874) } . Ajax $158,638 $364,250 ($ 370,037) Whitby $113,416 ($712,034 ) ($1,607,189) ri'r Oshawa ($223,724) $1,480,958 , $2,489,962 i\; Clarington $ 20,091 ($ 438,537) ($ 798,204) ." "I Scugog ($ 26,243) ($ 263,004) I. ($ 3,030) Uxbridge ($ 55,795) ($ 114,820) ~ ($ 64,215) \ ", Brock ($51,003) ($ 46,812) $ 69,597 -',I , J : ,II' , . .,tl Report to Council FIN19-99 Date: June 23, 1999 Subject: Revised 1998 Taxation Billing for Commercial, Industrial & Multi-residential Properties Page 3 - The above table represents "net" dollar flow changes due to Bill 79. The negative values represent payments due from the Region to the lower tier municipality. For the Town of Pickering, the Region of Durham will reduce its requisition for the commercial and industrial realty classes to make up for the tax revenues lost through decreases. This revenue loss is made up by increases in other area municipalities. The Region of Durham will increase their requistion to the Town of Pickering for the multi-residential class to reflect the additional amount of $64,374. Within each realty class there are tax reductions and increases due to Bill 79. Table One reflects the net dollar changes due to Bill 79. Table Two provides a more detailed breakdown regarding tax shifts among the various realty classes. Table Two Town of Pickering Breakdown of 1998 Tax Adjustments by Dollar Changes Real Class Clawback Decrease Net Chan e Multi-residential $74,093 -$9,720 $64,373 Commercial 1,630,249 -2,862,891 - 1,232,642 Industrial 72.324 -511.198 -438.874 Total $1.11!i.666 - $3~~ :$.1.735.889 For the clawback properties, the dollar changes vary based on the assessed value of the property and the 1997 taxes paid. Table Three provides a breakdown of the number of 1998 tax adjustments by realty class. 4IfIA Table Three Town of Pickering Breakdown of 1998 Tax Adjustments by Realty Class N b fP rf urn er 0 rope les Realty Class Clawback Capped Increases No Impact Multi-residential 6 3 0 Commercial 220 349 70 Industrial 40 126 38 Total 2.66 ill lnB Table Three indicates that there will be approximately 266 properties having to pay an additional amount for their 1998 taxes. The 478 property owners under the capped increase category will receive a credit on their revised 1998 tax bill and will have that credit applied to their 1999 FINAL taxes. Proposed Bill 79 Billing Schedule The following is a tentative schedule for the 1998 and 1999 billing and communication process. Ilillil.: ;.iiil;..i.j, ...;,1 "'i"";:'C..,~Jt~Il\,~:"'~,~" .~. ,,~.~......,-,.......!....j IILEstimate!l.CC)ll\pl~tiC)Q.D.Rf41..ld Mailing of pre-billing written communication (tax alert July 9, 1999 letter) to property owners who will be subject to a clawback as a result of Bill 79. (Property owners who experience a clawback that is greater than $1,000 or 10% increase over their original 1998 tax bill will receive the tax alert letter). rt.tt..~li:~;"?~"""'i~';"" ,',;,y,!""'",,, ,; " "'" ,j','"., "",.;",~:i",;':i;;;":,:,,:.:l ii .'. ~.~t.'I',"~k~~~~>:OMI::.taLM,t.~~\L~j_.s.;~..,..J .:zlt.':,Jt~~'~,"",Iio.ia1bh~~~'j.k.:..~~~~.j - Calculations of rebates for charitable organizations and July 23, 1999 processing of payments ~4i~ai~~~iiL;c,~t,:(t;'r":C'..;~~";~~~';l~i~~~,~i:;~.,:l:~,,;.:...l~,...,,~~j ~Lid~~1~,:i.b(sii~';~:<Vtl;~~~~:~liJ{~~Jt'~ !j, "91{T;'';;', A'diuS~imt' nui;:Pate~~j, ,.,,,,,~.:.: .'?>, . ". ".,,;' ,~.:....:,~ j, F A ugus' ')'7 J9.29.~;j~~i~d....{!.li2j iIIlZ.....~.....~..u.__...~~~..........K_....... .,<.._.______ .____. ~.)._o>&.~.... ~_" .,.~...!.....___________._ Report to Council FIN 19-99 Date: June 23, 1999 - Subject: Revised 1998 Taxation Billing for Commercial, Industrial & Multi-residential Properties Page 4 Taxation staff verify 1999 OPT A database and process the September, 1999 final residential installment due date. Final 1999 Due Dates October 29 & November 30 An area of concern is cashflow management for those properties having a clawback for 1998 taxes and having to pay their 1999 TOTAL taxes all within a five-month period. Taxation staff are proposing to issue a tax alert letter only to those properties who are subject to a clawback and where the clawback is either greater than $1,000 or the increase is 10% higher than the original 1998 tax bill. Taxation staff are in a position to issue pre-billing tax alert notices using the current information provided by the OPT A database. (The information in this database has not been verified, however, before the tax alert letter would be issued, a preliminary review would be conducted). Schedule B has a sample letter that would be issued to the perspective property owners. Charities Under Section 442.1 of the Municipal Act, registered charities in any of the industrial and commercial property tax classes are eligible for a property tax rebate equal to 40% of the property taxes paid. The Town of Pickering has received approximately seven applications for the property tax rebates. Taxation staff will verify their registered charity status with Revenue Canada and will then issue their corresponding rebate cheques. ".. Proposed Due Dates Finance staff are proposing that the 1999 final tax bill will have October 29 and November 30 as the installment due dates. This will provide the 1998 clawback property owner two months to manage their cashflow to meet the first installment due date. Communication Strategy The 1998 adjustments for properties impacted by Bill 79 are complex and will be difficult to convey to property owners. Given the complexity of the legislation and the myriad of issues to be covered in order that taxpayers understand their tax bills, the following communication strategy is recommended: . Written pre-billing communication to property owners subject to "clawback". . Briefing notes to be prepared for elected officials. . Newspaper notices . Preparation of Tax Bill insert to expand on the information provided in the Provincially regulated disclosure notice (see below). . Providing tax information on the internet web site . Added training for taxation customer service staff. Provincial Regulated Standard Disclosure Notice Under Ontario Regulation 50/99, municipalities must send a disclosure notice to all taxpayers affected by Bill 79 for the revised 1998 tax bills. No disclosure notice is required for the 1999 tax bills. Schedule C is a sample Provincial Disclosure Jetter prepared by the Province which attempts to explain the impact of Bill 79 on the property owner's 1998 taxes. Taxation staff realize that communication is an important element for the successful introduction of Bill 79 tax adjustments and will therefore, provide an additional, more user friendly and we believe, more informative document. Tax Bill Insert for Revised 1998 Billing - The Town's draft tax bill insert (Schedule D) has been designed from the perspective of a question and answer format in an attempt to anticipate the property owners general questions. Report to Council FIN 19-99 Date: June 23, 1999 Subject: Revised 1998 Taxation Billing for Commercial, Industrial & Multi-residential Properties Page 5 - Bill 79 Speedbumos One of the interesting issues regarding Bill 79 is who receives the tax credit or the clawback when the property has been sold. Municipal legislation is silent on this issue. However, past practice dictates that the property taxes are attached to the property and the obligation to pay the tax rests with the current owner. Unfortunately, the disclosure notices which must accompany the 1998 tax adjustments adds confusion to the tax liability issue. The name that appears on the mandated disclosure notice is the one who originally was billed in 1998. Obviously, properties have changed ownership since the time the roll was prepared. For a property owner who is having a clawback, they may think that the obligation to pay the clawback amount is the responsibility of the previous owner (who received the benefit of the original reduction) due to the fact it is their name that appears on the disclosure notice. Taxation staff anticipate that there may be difficulty collecting the taxes from this group. 1997 Frozen Assessment Role The 1997 frozen assessment role is among the most important determinants of a ratepayer's tax liability for 1998, 1999 and 2000. (The frozen assessment role is based on the assessment roll of 1997 and adjusted to reflect changes to the property such as additions, change in occupancy status and deletions.) It is anticipated that many ratepayers will attempt to have their 1997 frozen assessment altered. The Province has extended the deadline for appealing the 1997 frozen assessment value used for the 1998 frozen assessment listing from February 1999 to February 29, 2000. Extending the appeal deadline may result in a several manually calculated revised tax bills. #* In 1998, property owners had a deadline of November 1, 1998 to apply to have all or part of their commercial or industrial property'coded as vacant for the upcoming 1999 tax year. To qualify as vacant, the property had to be vacant for the three months of July, August and September. The Province extended the vacant application deadline to February 28, 1999. The 1999 vacant commercial tax rate is 30% lower than the commercial occupied rate. There maybe property owners who failed to make the application deadline and their property has been coded as occupied for 1999. Finance staff anticipate that these property owners may not accept the realty classification and may generate additional phone calls. The Provincial OPT A program does not reflect supplementary assessments that are taxed for only part of the year. These properties are reflected in the capping calculations the following year when the assessment is on the roll for the entire year. An addition or a new property is an example of a supplementary assessment not reflected in the OPT A database. For these properties, manual tax calculations are required to calculate the 1997 frozen assessment value of the property (even though the property did not exist in 1997) and then apply the appropriate budgetary increase factor. Son of Bill 79? As membcrs of Council are aware, the taxation changes associated with Bill 79 ends on December 31, 2000. On Janaury 1, 2001, the taxation structure would have the capped increase property owner going from 20% to 100% in one year! Therefore, we expect that there will be a new taxation bill (Son of Bill 79) introduced either next year or in 2001. (The residential phase- in was completed over a three year period.) Finance staff will prepare a report and corresponding By-Law to issue the 1999 FINAL taxes. ,- 324 Report to Council FIN 19-99 .""'" Subject: Revised 1998 Taxation Billing for Commercial, Industrial & Multi-residential Properties Date: June 23,1999 Page 6 A IT ACHMENTS: I. Schedule 13 - Tax Alert Letter. 2. Schedule C - Provincial Disclosure Notice. 3. Schedule D - Explanation Letter for 1998 Revised Tax Bill. Prepared By: //~ -=- ~ Stan Karwowski Manager of Finfl11ce TJQ:sk Attachments "",.... Recommended for the consideration of Pickering Town it - Approved / Endorsed By: ~~~ Gillis A. Paterson Director of Finance & Treasurer \ II I II I I I I I I I I I I I I I I I I \1 \1 \ I (I I THE CORPORATION OF THE TOWN OF PICKERING ;.;<. BY-LAW NO. 5527/99 Being a by-law to establish the revised 1998 taxation billing for the commercial, industrial and multi-residential properties. WHEREAS the Regional Municipality of Durham has passed By-law No. 9-99 to limit tax reform related property tax increases to 10% in 1998, a further 5% in 1999 and a further 5% in 2000 for industrial, commercial and multi-residential properties in the Region of Durham as provided for under Division B of Part XXII.2 of the Municipal Act. WHEREAS the Regional Municipality of Durham has passed By-law No. 65-98 opting to have the optional property classes consisting of the office building property class, shopping centre property class and large industrial property class within the Region of Durham. NOW THEREFORE THE COUNCIL OF THE CORPORA nON OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. All assessment in any commercial class, any industrial class or in the multi-residential class, shall have the revised tax levy for the year 1998 calculated as follows: :fill". Total tax rate X applicable in previous year assessed value for the year on the assessment roll as most recently revised for the taxation year 1998 + any adjustment made to increase or decrease taxes under Division 8,of Part XXII,2 of the Municipal Act 2. If the revised tax levy as calculated above creates a tax liability for the property owner, the taxes owed shall be due in one installment on a date on August 27, 1999 or adjusted by the Director of Finance/Treasurer. 3. 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 Town of Pickering that all remaining sections and portions of this By-law continue in force and effect. 4. Taxes shall be payable to the Treasurer, Town of Pickering. 5. This By-law comes into force on the date of its final passing. BY -LA W read a first, second and third time and finally passed this day of , 1999. Wayne Arthurs, Mayor .- """"'" 326 "... "... '-'r':l0":T i'~!~ Schedule B Tax Alert Letter July X; 1999 Dear Property Owner: Commercial, Industrial & Multi-Residential Property Tax Alert This property tax alert is to notify you that you may be impacted by the "clawback" provisions of Bill 79, the Provincial Government's Fairness for Property Taxpayer Act. 1998. Town of Pickering staff are currently preparing the REVISED tax bills for 1998. Our preliminary analysis indicates that you may owe additional taxes for 1998 currently estimated in the amount of $X,XXX.XX. This additional amount excludes penalties, late payment fee or any currently outstanding balances in your account. . The Province of Ontario introduced proper:t)' assessment tax reform in 1998. The new property tax system established a common base from which the assessed value of all properties is equitably measured. In addition, the Province eliminated the Business Occupancy Tax (BOT). Many property owners in the' industrial. commercial and multi-residential property classes experienced a wide range of increases and decreases due to assessment changes and property tax reform. To reduce these increases, the Province introduced Bill 79 to limit the increases and clawback some of the decreases. Capping of the increases is to be funded by withholding decreases within the same realty class. For example: a portion of the industrial decreases are pooled together to pay for the industrial capped increases. . For 1998, property tax reform increases were capped at 10%. A further capping of 5% has been legislated by the Province for 1999 and 2000. This will result in:~ a postponement of your property assessment tax reform savings until after the year 2000. Your co-operation and patience in understanding these complex changes being legislated by the Provincial Government is appreciated. After you have received your 1998 REVISED property tax bill. you are encouraged to contact the Town of Pickering Tax office at (905) 420 4614 with any questions. We anticipate our phone lines will be busy - your patience is appreciated. For further information regarding Bill 79, please contact the Ontario Government Ministry of Finance at 1-800-263-7965 or visit their website at www.gov.on.ca/FINlhrnpage.html. Sincerely yours, Town of Pickering Taxation Office - Schedule C A TIACHMEi\'. ;; 1::._ TO REPORT #flt'LlC'\.t.jq 327 Provincial Disclosure Notice FORM 6 I EXPLANATION OF 1998 PROPERTY TAXES JJJNICIPALlTY ASSESSMENT ROLL NO. , (\EGAL DESCRIPTION PROPERTY CLASS Commercial 1998 CURRENT VALUE ASSESSMENT $68,280 ~SESSED OWNER RECALCULATED 1998 PROPERTY TAXES Division B of Part XXII. 2 of the Fairness for Property Taxpayers Act .~ The Fairness for Property Taxpayers Act, 1998 protects businesses from large tax reform-related property tax 'ilcreases. This new legislation prevents commercial, industrial and multi-residential properties from facing reform- related tax increases of more than 10 per cent in 1998 and a further 5 per cent in each of 1999 and2000. Businesses :who received tax decreases due to reform will see a portion of those decreases delayed. Any municipal tax changes "eSUlting from decisions 01 local councils and the business education tax cut are applied on top of the amount of the .\axes paid in 1997, as adjusted by the cap. . This tax notice explains how this new legislation affects your 1998 property taxes. If you have questions, please ronlact your municipal tax office. 8 TAXES PREVIOUSLY BILLED .AMOUNT S 1,945 RECALCULATED 1998 PROPERTY AMOUNT $ TAXES 1997 Base Taxes' 1,408 Capping Adjustment 141 Education Tax Reduction -0 Municipal Tax Change 70 Recalculated 1998 Property Taxes 1,618 nl or Taxes levied lor 1998 .AMOUNT S 1,945 $a Tax 1.."lmenl Recalculated 1998 Property Taxes 1998 Taxes Previously Billed 1997 base texes Include a.,997 business laxes peid by (levied on) occupents of the property but does not Include Business Improvement Area and Locallmprovemfmt Charges. $1,618 $1,945 [ AMOUNTS -327 ~ , f; An amounts have been rounded to nearest dollar. ooooe.. ~.._... - - ( ~-- ~. 328 AnACHMENT#~ TOREPORT~'I Schedule D Explanation Letter for 1998 Revised Tax Bill Understanding Your 1998 Revised Property Tax Bill What is the Fairness for Property Taxpayers Act (Bill 79)? On December 18, 1998. the Fairness for Property Taxpayers Act (Bill 79) was passed to protect businesses in Ontario from large property tax increases. Bill 79 will limit the increases resulting from property tax reform on commercial. industrial and multi-residential properties to 10% for 1998, 5% for 1999 and another 5% for the year 2000. In addition, Bill 79. allows the Town of Pickering and the Region of Durham to add budgetary increases to the property tax bill. The budgetary increases for 1998 are mainly due to Provincial Downloading. Bill 79 also states that the Town of Pickering can not issue the 1999 final tax bill until the 1998 revised tax bill has been issued. Why have your 1998 taxes been recalculated? As required by Bill 79 - the Provincial government's Fairness for Property Taxpayers Act, 1998, property tax reform increases for 1998 have been "capped" at a maximum of 10% plus the 1998 budgetary increase approved by the Region of Durham and the Town of Pickering. What does this mean? . Some property owners will pay less. Commercial, industrial and multi- . residential taxpayers who experienced assessment reform related increase in 1998 will now receive a credit which will be applied to their 1999 FINAL TAX BILL. . Some property owners will pay more. Commercial, industrial and multi- residential taxpayers who originally received a decrease in their 1998 taxes will now see a portion of that decrease "CLAWED BACK" and will have to pay an additional amount to help pay for those property taxpayers receiving the capped increase. What is the Provincial Notice? The notice entitled "Explanation of 1998 Property Taxes - Form 5", was designed and mandated by the Province of Ontario and is included with your tax bill. This notice outlines the amount of the capping adjustment required. One notice is supplied for each type of property class. If you have more than one class. the sum total of all notices will equal the net 1998 capping adjustment shown on your tax bill. When willi receive the 1999 final tax bill? The Town of Pickering expects to issue the 1999 final tax bill in September with two installment dates being the end of October and November. Are residential taxes affected by Bill 79? No. These changes only affect commercial, industrial and multi-residential properties. They will have no impact on taxes for residential properties or residential condominiums. 329 ...... What happens after 2001? Bill 79 only addresses the 1998, 1999 and 2000 tax years. T. staff cannot speculate on the impact of Provincial property t2 2000. . What is a multi-residential property? Multi-residential properties are defined as properties with sev units such as apartment buildings. Additional Information Ontario Ministry of Finance - Bill 79 News Release "vww. goy .on.calF] N/enl.!1 ish/nrcsma12.htm Government of Ontario - 1998 Legislation INW'N. ontla. on. ca/Documents/documentsindex. htm Questions? .- We appreciate your co-operation and patience in understanc changes being legislated by the Provincial government. YOl contact the Town of Pickering Tax Office at (905) 420 - 461 regarding the calculation of your REVISED 1998 tax bill. W phone lines will be busy and your patience is also apprecia' Town of Pickering Tax Office -