QQQQ 960426 BLUE File Reference Number: 1554 TT 960509 SUPPORTS ITEM NO. 3 CS&B COMMITTEE AGENDA MAY 9, 1996 POLICY REPORT PROPERTY TAXATION Date: April 26, 1996 TO: Standing Committee on City Services and Budgets FROM: General Manager of Corporate Services, in consultation with the Citizens' Advisory Group on Property Taxation SUBJECT: Additional Taxation Policy Considerations for 1996 RECOMMENDATION A. THAT Council instruct the Director of Finance to introduce a 1996 Property Tax Limitation Program for Business (Class 6) properties, along the lines discussed in this report. The Limitation Program would be enabled under Section 173 of the Vancouver Charter and would require that Council pass a tax limitation by-law with a two-thirds majority. B. THAT Council instruct the Director of Legal Services to prepare a 1996 Property Tax Limitation by-law applicable to Business (Class 6) properties containing the tax capping parameters outlined in this report for submission back to Council for approval. CONSIDERATION The Citizens' Advisory Group on Property Taxation submits the following recommendation for CONSIDERATION. The Chair and other members of the Group may wish to address Council on this issue. C. THAT Council approve a $3.2 million shift of tax burden (approximately 1% of the City's 1995 general purposes tax levy) proportionately from the Utilities (Class 2), Business (Class 6), Major Industry (Class 4), Light Industry (Class 5) properties to Residential (Class 1) properties in 1996. GENERAL MANAGER'S COMMENTS The General Manager of Corporate Services RECOMMENDS approval of A and B and advances C for CONSIDERATION as a recommendation from the Citizens' Advisory Group on Property Taxation. The Advisory Group has met three times leading up to the production of this report. In terms of Recommendations A and B outlined above, the Advisory Group is unanimous in supporting these actions. In terms of Recommendation C, a majority of the Advisory Group favour the continuation of shifting 1% of the City's general purposes tax burden annually and proportionately from the non-residential property classes to the residential property class over a five year period which began in 1995. The Advisory Group also believes that the implementation of the solid waste and sewer utilities will form an important part of the tax burden rate-of-adjustment mechanism and expressed a concern over the delay in the implementation schedule. Moreover, the Advisory Group has indicated that they would like to report back to Council at a later date on the implementation strategy previously approved by Council for those utilities. Clearly, the decision to continue with the 1% tax burden shift rests with Council. In my opinion, there is no strong evidence which suggests that the tax load, as a percentage of the City's general purposes tax levy, now borne by the residential and non-residential classes is inappropriate on a historical basis. The problem arguably rests with how the tax burden is shared amongst the individual properties within a property class based on the year-over-year volatility of property assessments. As Council already knows, land averaging was introduced to dampen large annual swings in property taxes caused by uneven property assessments, and to that end it has been successful. Council should also note that Recommendation C comes with an approximate 2.4% tax increase for residential properties alongside a 0% inflation/growth tax increase related to the City's 1996 operating budget, resulting in an average increase of about 1%. A table showing the impact of a $3.2 million shift to residential properties can be found on page 7 of this report. Charts 7, 8 and 9 of the report Appendix show the historical tax shares, assessment shares and tax rates for comparison purposes. COUNCIL POLICY Council policy has been to keep property taxes affordable by following a practice of holding year-over-year tax increases at inflationary levels. For 1996, Council has held the increase in the City's general purposes tax levy to zero percent, while passing through a slight increase (0.1%) in the GVS&DD levy to the taxpayers. Council has also decided that taxes will be raised to offset any loss in provincial revenue-sharing should that occur. From 1983 to 1994, Council has maintained the taxation burden sharing ratios between property classes which existed in 1983, allowing adjustments to the burden ratios resulting from new construction, reclassification and zoning changes. In 1994, Council approved a $3 million shift of the City's general purposes tax burden from Class 6 Business to Class 1 Residential properties. In 1995, Council approved a further shift of $3 million, proportionately from the non-residential classes to the residential class. In 1992, Council folded the residential, recreational and farm classes together to establish a common tax rate for billing purposes, before any tax limitation measures are applied. PURPOSE The purpose of this report is to recommend additional taxation policy considerations to Council for implementation in the 1996 taxation year. BACKGROUND In recent years, increases to the City's general purposes tax levy have been limited to the rate of inflation. In spite of this, taxes on some properties have fluctuated greatly due to marked year-over-year changes in assessed values. In order to provide temporary relief from the biggest increases, City Council chose to limit tax increases in 1989. In each year since, tax increases have been capped for Class 1 Residential and/or Class 6 Business properties. History of Capping Year-Over-Year Tax Increases Class 1 Residential Class 6 Business 1989 provincial legislation 40.0% cap 1990 no capping 10.1% cap 1991 5.5% cap 7.5% cap; $400,000 max credit 1992 6.0% cap; $5,000 max credit 10.0% cap; $100,000 max credit 1993 25.0% cap; select properties 25.0% cap; select properties 1994 10.0% cap; $500 max credit 10.0% cap; $15,000 max credit 1995 no capping 15.0% cap; $10,000 max credit 1. Property Tax Task Force & KPMG Consumption Study In its April 1994 report to Council, the Property Tax Task Force presented Council with fourteen recommendations dealing with the existing assessment and taxation systems, suggesting improvements to each. Council approved two of the Task Force recommendations for implementation in the 1994 taxation year, concerning a slight shift of the tax burden from commercial to residential properties, and a tax increase capping program for commercial and residential properties. Among its other recommendations, the Task Force proposed a study of consumption of City services as related to taxes paid by each property class. Council established an Advisory Panel as a means of providing community perspectives into the study. This Panel was made up of members of the Property Tax Task Force who wished to participate, and was later expanded by three members to better reflect a cross-section of community interests. The consumption study was commissioned in December 1994, and in April 1995, KPMG Management Consulting submitted its report to Council, accompanied by a staff report from the Director of Finance and a report from the Chair of the Advisory Panel. City Council received the consultant's report for information, and instructed the Director of Finance to report back on short-term policy measures to be implemented for the 1995 taxation year that specifically addressed the issues of a shift in the tax burden and of tax capping. In addition, Council instructed the Director of Finance to report back on a longer-term taxation policy that would take into account the recommendations and findings of the consumption study, along with the recommendations of the Advisory Panel arising from the consumption study. The development of a longer term taxation policy was to address the following considerations: taxation policy based on benefits, services and ability to pay; tax write-off opportunities; and differential tax rates within classes of property. This work has awaited the creation of the Citizens' Advisory Group on Property Taxation, and with that task now accomplished, it will be started almost immediately. The Property Tax Task Force report and the KPMG Consumption report are on file with the City Clerk. 2. The 1995 Taxation Year In 1995, taxes for residential properties were based on three-year averaged land values, and no tax capping was applied. Taxes for business properties were also based upon three-year averaged land values, in conjunction with a 15% tax limitation program and a $10,000 maximum tax credit. In addition, approximately $3 million was shifted proportionately from the non-residential classes (Utilities, Major Industry, Light Industry, and Business) to the residential class. DISCUSSION This report presents the results of modelling several tax capping options for 1996, using stricter qualification criteria than used last year, and, as well, examines the impacts of shifting an additional $3.2 million (1% of the City's 1995 general purposes property tax levy) off the non-residential classes and onto the residential class as recommended by the Citizens' Advisory Group on Property Taxation. 1. Shifting Tax Burdens In its report submitted to Council on April 13, 1995, KPMG Management Consulting recommended a number of priorities for further action. In the short run, the consultant proposed rate-of-adjustment options for shifting the tax burden off non-residential properties over the next five years for Council's consideration. The Chair of the Advisory Panel also recommended a policy change for each taxation year from 1995 to 1999 that would involve an annual shift from non-residential to residential property taxpayers equal to one percent of the overall tax levy. While there was not unanimous agreement by the members of the Advisory Panel on further shifting the City's general purposes tax burden from non-residential to residential properties, a majority of the members favoured that action. In 1994, Council approved a $3 million tax burden shift from business to residential properties. In 1995, Council approved the shift of an additional $3 million, proportionately from all non-residential properties to residential properties. The table below sets out the results of these burden shifts, by showing how the share of assessed value has changed, as compared to the share of the general tax levy. Class 1 - Residential % of Assessed Value % of General Tax Levy 1993 76.4% 39.3% 1994 79.3% 40.0% 1995 80.5% 41.4% Class 6 - Business % of Assessed Value % of General Tax Levy 1993 22.4% 55.8% 1994 19.5% 54.8% 1995 18.4% 53.4% The following table shows the share of the authenticated assessment roll, as compared to the share of the City's 1995 general purposes tax levy, for each property class. Share of 1995 General Share of '96 Roll Levy ($000) '95 Levy Residential 80.5% $133,142 41.4% Utilities .4% 6,997 2.2% Major Industry .3% 6,189 1.9% Light Industry .2% 3,150 1.0% Business/Other 18.4% 171,443 53.4% Recreational .2% 321 0.1% Farm .0% 0 0.0% TOTALS 100.0% $321,242 100.0% The total taxable value contained in the 1996 Authenticated Assessment Roll is $65,767,820,811. The intent of the burden shift recommended by the Task Force was to have the share of the tax burden better reflect the share of the City's total assessed value tax base. The KPMG consumption study explored the relationship between the share of the tax burden and the share of services consumed. The consultants concluded that the Residential Class consumed 71% of all tax-supported City services, and paid 40% of the tax burden, as compared to the non-residential classes, which consumed 29% of all services while paying 60% of the tax burden (1994 figures). In his report to Council on this topic last year, the Director of Finance suggested that the continuation of the shifting policy be held until further work is done in the area of utilities, and a more thorough analysis of the work of the Consumption Report and of the Property Tax Task Force has been undertaken. The Citizens' Advisory Group on Property Taxation, which was recently formed by Council to replace the Property Tax Advisory Panel, supports an additional one percent burden shift for the 1996 taxation year. The majority of the Group supported the following recommendation, with two members of those present opposed: The Citizens Advisory Group on Property Taxation supports the recommendation previously made by the Property Tax Advisory Panel, regarding the continuation of a shift in the relative tax burdens equal to one percent of the total tax levy, proportionately from all non-residential classes to the residential class, for the 1996 taxation year. In that regard, the following table shows the impact of a further $3.2 million shift of tax burden to the residential class, proportionately from the non-residential classes (Business, Utilities, Major Industry and Light Industry). This table reflects a 0% increase in the general tax levy for the 1996 taxation year. Tax Rate Tax Rate No Shift Shift $ Difference % Difference Business $14.403 $14.155 - $0.25 -1.7% Residential $ 2.649 $ 2.712 + $0.06 +2.4% The following table shows the residential property tax distributions in terms of a year-over-year percentage change (1996 over 1995) in total taxes. This table reflects a $3.2 million shift from the non-residential classes, a 0% increase in the City's general purposes tax levy for 1996, and an assumed 0% increase for all the other levies. Property Distribution - Residential Class with $3.2 m Shift In # Properties # Properties Percent Change Interval No Shift With Shift <= 0% 74,133 56,149 <= 2% 24,796 30,445 <= 5% 14,082 24,108 <= 7% 1,663 3,185 <= 10% 1,042 1,503 <= 20% 1,507 1,774 <= 30% 275 311 <= 50% 383 377 > 50% 845 874 TOTAL 118,726 118,726 Average Change in Taxes -0.6% +0.5% Indicated Tax Rates $2.649 $2.712 The report Appendix material contains charts numbered 1 through 6 on the business and residential tax distributions (all levies) produced using averaged land assessments (previously approved by Council), with and without a $3.2 million shift. These charts reflect no change in the City's general purposes tax levy for 1996, and assume no tax increase for all other tax levies. 2. Capping Property Taxes The Property Tax Task Force reached a consensus in 1994 that capping taxes to a determined percentage increase limit was appealing in the short term, in that this prevented taxes on individual properties from undergoing dramatic changes from year to year. The Task Force also recognized that capping taxes masks the effects of uneven changes in market values that underlie tax shifts and that once tax capping is lifted the adjustment back to market level taxation would be very difficult and painful. Given the foregoing, the Task Force concluded that: "Tax capping is not a tool that should be used by City Council on an ongoing basis to mask tax increases that are due to jumps in actual market values." The Task Force recommended that a plan to phase out the use of tax capping should be part of the consumption study, leading to a new tax policy for the City. One of the short-run recommendations of the KPMG report suggested that Council confirm and implement a preferred approach for phasing out tax capping. The consultant presented four options that could be used to gradually phase-out tax capping, but indicated that the most promising options would continue to offer tax capping to a broad base of properties, while gradually reducing and eliminating the benefit. Based on the foregoing, we have modelled various capping options for possible implementation in 1996. (a) Business Properties (Class 6) The capping mechanism that is being recommended to Council this year for business properties is based on increasing the year-over-year bottom line tax increase hurdle rate from 15% (1995) to 20%, and reducing the maximum amount of tax credit from $10,000 (1995) to $7,500. These new values reflect a one-third increase in the hurdle rate and a 25% decrease in the maximum tax credit available to an individual property. The proposed tax capping program will increase the Class 6 tax rate over what it would have been without capping by $0.066 or 0.5% to $14.469 per thousand dollars of taxable value. The number of commercial properties that would benefit from capping this year (about 530 properties) is reduced from the approximately 2,300 properties that received a benefit in 1995. This result is consistent with the phase-out approach recommended by KPMG Management Consulting. The essential features of the proposed tax capping program are noted below: * a 20% year-over-year bottom line tax increase hurdle rate, * a $7,500 limit on the tax credit to an individual property, * an individual property is excluded from capping if: - the property did not qualify for land assessment averaging in 1996 pursuant to By-law No. 7543, or - the property did not have an assessed value for improvements in both the 1995 and 1996 taxation years, or - the property was exempt from real property taxation in 1995, or - the 1996 assessed improvements value of the property has increased by more than 10% over its 1995 improvements assessment and such increase is, according to the records of the B.C. Assessment Authority, attributable to a change in the physical characteristics of the improvements, * capping does not apply to sewer, water, local improvement or other charges. The proposed tax capping program produced the following Class 6 property tax frequency distributions in terms of a year-over-year percentage change (1996 over 1995) in total taxes. This table reflects a 0% increase in the City's general purposes tax levy for 1995, and an assumed 0% increase for all the other levies. Property Distribution - Business Class with 20% Tax Cap with $7,500 Maximum Credit # Properties # Properties Percent Change Interval No Capping With Capping < 0% 4,642 4,577 0% - 10% 1,835 1,834 11% - 20% 546 1,011 21% - 30% 289 208 31% - 50% 291 91 > 50% 185 67 TOTAL 7,788 7,788 Average Change in Taxes 3.2% 1.9% Indicated Tax Rates $14.403 $14.469 (b) Residential Properties In 1995, the elimination of tax capping on residential properties was achieved, and that class was returned to a market value based taxation regime. Consistent with the Council's goal of phasing out tax capping, no modelling was undertaken for this property class for 1996 and no tax limitation program is recommended. SOCIAL IMPLICATIONS Property taxation policy has a direct impact on children and families. Since 1989, Council has attempted to dampen large year-over-year tax increases, which are driven by real estate market conditions in the City, in order to make housing (owned and rented) as affordable as possible. Council action to date has also capped the growth of commercial taxes with a view to preserving the business/residential character of Vancouver's neighbourhoods. CONCLUSION This report outlines additional property tax policy options for Council consideration before the appropriate 1996 tax rates are struck to reflect a balanced operating budget. Following from the recommendations set out in the consumption report prepared by KPMG Management Consulting, this report presents a policy recommendation dealing with the continuation of the phase-out program for capping property taxes on commercial properties. The report also advances a recommendation of the Citizens' Advisory Group on Property Taxation around the shift of an additional $3.2 million of the City's general purposes tax burden from non-residential to residential properties for consideration. A longer-term property tax policy for the City of Vancouver is to be developed over the coming year by the Director of Finance, in cooperation with the Citizens Advisory Group on Property Taxation. * * * * * APPENDICES - On file in the City Clerk's Office.