Valuation and Assessment MVV182K Property-related Taxation: Issues and Trends Masaryk University Brno, Czech Republic 29 September 2015 Prof Riël Franzsen South African Research Chair in Tax Policy and Governance Director: African Tax Institute University of Pretoria South Africa Elements to Consider • Tax base and property discovery • Taxpayer • Valuation and/or assessment • Tax rates • Tax relief • Billing • Collection • Enforcement • Taxpayer communication • Overall system management Revenue Mobilization Model Policy variables Administration variables CR: Coverage ratio VR: Valuation ratio Col R: Collection ratio Source: Kelly (2000) Revenue = Tax base Tax rate CR VR Col Rx x x x Introduction • Value-based systems – Why use value as tax base? – What property value must be used? • Who is responsible for property valuations? – Land only; buildings only; land and buildings (separately/collectively)? – National government; municipalities; agency; private sector; taxpayer? – Advantages and disadvantages regarding the above • What methods/techniques are used to value property? – Land? Buildings? ‘Banded’ values? – CAMA and GIS? • Valuation – How often are properties valued? Prescribed cycles? During cycles? – External quality control? • Objection and appeal processes Value • Advantages: – Relatively good proxy for ability to pay – Relationship between value and public services – Data sharing in respect of other property-related taxes • Disadvantages: – Requires skills and good market data – Could be complex – Requires credible objection and appeal processes – Costly to implement and to maintain • E.g. Australia, Singapore and Zambia Capital Value v Annual Value? • Capital value: – Developed capital market – E.g. Canada, Lithuania, New Zealand, Northern Ireland, South Africa, United States • Annual (i.e. rental) value: – Sufficient rental evidence – E.g. Egypt, France, Singapore, Uganda, United Kingdom Valuation • Responsibility • Qualification of valuers • Nature and scope – what has to be determined? • Methodologies? • Objection and appeal process – Payment of tax while case is pending? • External quality control • Intellectual property of data Valuation Basis “Market value” South Africa’s Local Government: Municipal Property Rates Act, 2004: “Section 46(1) Subject to any other applicable provisions of this Act, the market value of a property is the amount the property would have realised if sold on the date of valuation in the open market by a willing seller to a willing buyer.” Valuation service providers – Central or provincial/state government Antigua, Australia, Botswana, Grenada, Hong Kong, Malawi, Slovenia, Uganda, United Kingdom, United States, Zambia – Government agency or corporation: Canada (British Columbia, Ontario), Moldova, New Zealand – In-house (i.e. municipality itself): Lesotho, Macedonia, Namibia, South Africa, Tanzania, Turkey, Zambia – Private sector: Malawi, Namibia, New Zealand, South Africa, Tanzania – Self-assessment: Georgia, India (some cities), Liberia, Romania, Rwanda Valuation Service Providers Qualifications of “municipal valuers” (South Africa) “A municipal valuer (a) must be a person registered as a professional valuer or professional associated valuer in terms of relevant legislation; and (b) may not be a councillor a of the designating municipality” Valuation Methods • Comparison method – Direct method – comparing the actual sales prices/rentals of comparable properties (e.g. residential) • Income method – Indirect method – Estimating the potential revenue stream (UK) • Cost method – Replacement construction cost – Depreciation to be considered – Cumbersome to determine (Ghana, Tanzania) Technologies and Methodologies • Computer-assisted Mass Appraisal (CAMA) • Indexation • Geographic Information Systems (GIS) • Property banding Property Tax Valuation Concepts • Date of valuation – All properties are valued with reference to the same date - equity • Effective date – The date the valuation roll becomes operational • Valuation cycle – Annually; 3-yearly; 5-yearly; 10-yearly? – Extensions of the roll? – Indexation? • Issues – Capacity? – Objection and appeal Date of Valuation and Effective Date Date of Valuation 1 July 2012 Effective Date 1 July 2013 Supplementary Valuation Effective Date 1 June 2014 Commence General Valuation 1 March 2012 Complete General Valuation Roll 1 November 2012 Commence with Supplementary Valuations 1 February 2014 Complete Supplementary Valuation Roll 15 April 2014 Appoint Municipal Valuer 15 November 2011 Valuation Roll • Valuation roll must list all properties in the municipality • Following particulars must be reflected in respect of each property at date of valuation – – Unique description of the property (e.g. as in deeds register) – The relevant municipal property category – Name of the “owner” (as defined) – Physical address of property – Extent of the property (i.e. size) – Market value (if valued) – Any other prescribed particulars Supplementary Valuations • Incorrectly omitted from the valuation roll • Included in a municipality after the last general valuation • New property – e.g. subdivided or consolidated • Value has substantially increased or decreased for any reason after the last general valuation • Substantially incorrectly valued during the last general valuation • Revalued for any other exceptional reason (e.g. change in category) • Clerical error General Valuation Process • Process (for valuer) – Inventory – Data Collection – Market research – Modelling – Quality control Objections and Appeals • Advertising of valuation roll – minimum # of days – Official Gazette; local newspaper; web page – Individual notices? – Owners and other interested parties have right to inspect • Objection – minimum # of days – Formal legal process – Possible changes to original value – Reasons – Costs? • Appeal – minimum # of days – Relevant tribunal • Payment whilst objection/appeal is pending? Valuation - Oversight • To review the quality (accuracy, consistency, comprehensiveness, etc.) of the total valuation roll • South Africa “The Minister may monitor, and from time to time investigate and issue a public report on, the effectiveness, consistency, uniformity and application of municipal valuations for rating purposes.” • Valuers General in Australia and New Zealand Valuation - Data Valuation (ownership of data) South Africa’s Local Government: Municipal Property Rates Act, 2004: Copyright of valuation rolls and other data “Section 85 – Copyright of valuation rolls and other documents produced by municipal valuers, assistant municipal valuers or data-collectors in the performance of their functions, and data collected by municipal valuers, assistant municipal valuers or data-collectors for the purpose of preparing valuation rolls, vests in the municipality concerned.” Discernible Trends? Recent changes in respect of valuation services • Central government to in-house: Lesotho • Government to local government: Macedonia • Government to private sector: Botswana, Malawi, Uganda • Increased utilisation of computer-assisted mass appraisal (CAMA): Cameroon, Malaysia, Slovenia, South Africa • Increased consideration of self-assessment as an option: Georgia, Liberia Cost of 1st Valuation Roll in relation to Revenue in Four Rural Municipalities in South Africa Municipality (Province) Total Number of Properties Total Cost (Excl VAT) Cost per Property Revenue for 2009/2010 Aganang (Limpopo) 24,258 R1,650,000 R68 R190,082 Umzumbe (KZN) 1,232 R1,440,357 R1,169 R510,309 Blouberg (Limpopo) 5,795 R2,300,000 R397 R484,582 Mutale (Limpopo) 1,255 R3,671,124 R2,925 R763,922 Source: Franzsen & Welgemoed, 2011 “Governance” questions: • Procurement of valuation services? • Quality control? • Education of local councillors and officials? Policy questions: • Who should be responsible for valuations and valuation quality control? • Should small rural councils have a value-based system? • Is a property tax an option at all? Examples • British Columbia, Canada – Crown agency (BC Assessment) – Annual valuations of all properties in the province • United Kingdom – Valuation Office Agency (VOA – Great Britain; Northern Ireland) – Non-residential: annual value – Residential: capital value (England, Wales, Scotland = banded values; Northern Ireland = discrete capital values) • Western Australia – Valuer General Office and Landgate – Urban property: 3 to 5 yearly valuation cycles (rental values) – Rural property: annual determination of unimproved land values • South Africa – ‘Municipal valuers’ – ‘Market value’ – prescribed valuation cycles (4 + 1 and 5 + 2) Conclusions • Valuation is not an exact science • Assessments are estimates of value and as such elements of subjectivity are difficult to remove completely • Having sound and reliable assessments of value can contribute positively to equity and fairness of the property tax • A credible objection and appeal process is an integral part of a modern value-based system