Monday, January 20, 2014

Nature of Property Tax Base

Nature of Property Tax Base


When reading about property tax, one can find it a bit difficult to grasp its nature due to the inherently dual nature of property valuation. A property or real estate generates financial benefit in two ways:

1. It generates rent for its owners; and
2. It increases its capital value over time.

The rent or revenue-generating capacity makes it suitable for a property to be taxed as income. That is, rent is an income; thus, the property should be subject to income tax. (For more information on income tax, visit Understanding Income Tax.)

Meanwhile, the ever-increasing capital value of a property makes it suitable to tax it as an asset or a piece of wealth. That is, the capital value represents asset value; thus, the property should be subject to wealth tax.

What should be the tax base for determining tax liability on a property for the purpose of property tax assessment? Should it be rent, or capital value? Property tax is neither income tax nor wealth tax.

Most governments around the world use capital value, e.g., market value or purchase value, for assessing value of property to determine property tax liability. For example, in most of the states of the US, county assessors use market value for determining property tax liability.

In some countries, notably Pakistan, property assessors use annual rental value for determining property tax liability.

Use of capital value as the property tax base makes property tax similar to wealth tax, and use of rental value as the property tax base makes property tax similar to Income Tax.

The point to ponder is:

Does property tax represent a case of double taxation?

Saturday, January 18, 2014

Lorain County, Ohio, USA: Properties will face more tax in the coming year

More Property Tax on Lorain County properties


Despite a fall in property values, there may be rising property taxes for properties in Lorain County, Ohio. Residents of the county are going to get their tax bill this month, with a due date in mid-February 2014. The basic factor behind this increase in tax bills is voter-approved higher rates, not higher values of the properties.

The levies behind this increase in tax rates are:

1. A levy for renewal of a community college;

2. A levy for the county drug task force;

3. A levy for the Lorain County Board of Developmental Disabilities; and

4. A levy for the 911 emergency telephone network.

The valuation of property and calculation of property tax is not simple, but one point is clear: property taxes are going to be higher this year due to the rate changes.

Some past levies are also behind the higher tax rates. The Avon Lake school district is an example: property tax has increased because of approval of an additional emergency levy of about eight million dollars.

The districts facing relatively higher tax bills include Elyria, Grafton Township and Eaton Township.

The following are three major factors which affect the property tax bills of county residents:

1. Property Value

In general, property tax amounts have a positive correlation with property values. The higher the property values, the higher the property tax. Similarly, the lower the property values, the lower the property tax.

2. Rate of Property Tax

The next important factor affecting the amount of property tax is the property tax rate. The higher the rate of property tax, the higher the property tax. Similarly, the lower the property tax rate, the lower the property tax.

3. Location of the Property

One of the most important factors in determining the amount of property tax is the location of a property within the county. Both the property values and property tax rates vary from one location to another around a county.

Friday, January 10, 2014

Punjab, Pakistan: Capital Gains Tax


Capital Gains Tax


The Punjab Government collects capital gains tax on gains arising from the acquisition and sale of immovable properties. The effective date of collection is from July 01, 2013.



What is Capital Gain?

In very simple sense, a capital gain arises when you acquire an immovable property at a lower price and sell it at a higher price, the gain being the difference in the prices. Suppose you bought a house for Rs 1,400,000 and sold it for Rs 2,500,000. There is a gain of Rs 1,100,000.

Technically, capital gain is an increase in the value of a capital asset, e.g., real estate, that makes its selling price higher than its purchase price. The gain is not readily realizable; it is only realized when the capital asset is sold.

Certainly, the capital gain arises over some period. The period of the capital gain is important for taxation purposes, because shorter periods are taxed more than longer periods.  The logic is simple: a gain of Rs 100,000 in six months in better than the same gain of Rs 100,000 over a period of one year. Generally, the period of capital gain is classified as short term or long term. Short-term capital gain is a capital gain arising within one year of the acquisition of the immovable property.



Mode of acquisition for Capital Gains Tax?

Acquisition means acquiring or getting the immovable property by some means. For the purpose of capital gains tax, acquisition includes all of the following:


Transfer

Transfer means transfer of the title of a property from one person to another person. The most common method of property transfer is sale. A sale is usually negotiated through a “sale deed”; however, there may be other methods of property transfer, e.g., a sales letter from a competent authority.

There are two parties involved in the process of sale, and the seller gets the capital gain. It is not very difficult to assign a value to the property acquired, because sale value is available on the sale deed or other sales document.



Gift

Acquisition of property as a gift occurs when a person gives another person a property as a present. The person who gets the present is the acquirer of the property. This type of property acquisition is carried out through a “gift deed”.

In the case of a gift, the valuation for the purpose of capital gain is not as easy, because the cost of acquiring the property is not available on the gift deed.



Bequest and Will

Acquisition by bequest and will occurs when a person gives another person a property after the first person dies through a legal document called a will. The valuation for the purpose of capital gain is likewise not easy in the case of a will, because the cost of acquiring the property is not available in the will.


Succession and Inheritance

Succession is the process by which one person get a property after another as the next person in a series of persons. It is like getting a kingship after the death of a king. The legal document to negotiate a succession is called a “succession certificate”.

Inheritance is a similar process. In inheritance, a person receives property from his or her parents or from people who lived before him or her.

Inheritance is carried out through entry of legal heirs of a deceased person in ownership records maintained by the revenue department and any other authority.

Succession and inheritance also make the valuation for the purpose of capital gain less easy.



Rates of Capital Gains Tax


Sr. No.
Holding Period (period from acquisition to sale)
Rate
1.
One year or less
Higher of:
(i) 5% of the capital gain, or
(i) 2% of the recorded value at the time of sale
2.
More than 1 year but less than 2 years
4% of capital gain
3.
More than 2 years but less than 3 years
3% of capital gain
4.
More than 3 years but less than 4 years
2% of capital gain
5.
More than 4 years and less than or equal to 5 years
1% of capital gain
6.
More than 5 years
No tax


The federal government also levies tax on income from capital gains. Income from capital gains is a separate head of income. Since immovable properties and real estate also generate capital gains, they also fall within the scope of taxation for income tax assessment.

You may also like to read:

Wednesday, January 1, 2014

Property Tax in the USA

Tax

A tax is a financial charge that a government collects from persons
including individuals and corporations. Generally, governments impose taxes on persons, corporations, transactions, assets, etc. Income tax may be imposed on persons with a certain level of income, sales tax on commercial transactions at a given percentage of the sales value, etc.

The amount of tax is calculated from a base value; for example, income tax has income as its base. Where there is income above a certain level, there will be income tax. Similarly, value of sales is the base for sales tax, and number of items sold is the base for excise duty.



Property Tax

Property tax is a tax on property and is payable by the owner of the property. It is also known as millage tax and real estate tax. Property tax has value of property as its base, i.e., a government imposes property tax on the value of a property.


Property tax is an annual tax or annual charge on a property: the owner of a taxable property pays property tax every year.

Property Tax falls in the jurisdiction of local government

Normally, people think of government as a single entity. They do not have a good idea of its structure and the various levels of legislative tax powers. Generally, there are three levels of government:

     - Federal;
     - State; and
     - Local or county.


When it comes to taxation, each level of government has its own jurisdiction. For example, it is the power of the federal government to tax personal and corporate profits; the other two levels of government cannot tax these profits. Similarly, in most states and countries around the globe, property tax falls under the jurisdiction of local government.


Property Tax is an ad valorem tax


Property tax is an ad valorem tax. Let us explain what an ad valorem tax is. Taxes may be divided into two categories: ad valorem taxes and ad quantum taxes. Ad valorem taxes are calculated based on some value, e.g., value of sales revenues of a business, value of corporate profits, or value of a property. Examples of ad valorem taxes include sales tax and property tax. On the other hand, ad quantum taxes are calculated based on a quantity, such as number of items sold, weight of an item imported, or number of items exported. Excise and import duties are examples of ad quantum taxes.

Since property tax is an ad valorem tax, it is calculated as a percentage of the value of a property. Therefore, the process of determining property tax liability has two steps:

  1.     Assessing the value of a property; and
  2.     Taxing the assessed value of the property.


1. Assessing value of property

The value of a property used for calculating property tax may be:

    - Market value of the property;
    - Capital value of the property;
    - Purchase value of the property;
    - Rental value of the property, etc.

The amount of property tax payable depends on two values: the value of the property, and the rate of tax. In general, the property value is determined by an assessing officer and is not the market value. The market value of a property may fluctuate based on buying and selling trends in the real estate market, but its value for tax purposes may remain the same without regard to these fluctuations.

The assessed value will vary depending on factors including:

     - Nature of the property (commercial, residential, etc);
     - Size of the property;
     - Quality of construction or buildings; and
     - Location of the property.

Obviously, a commercial property has more value than a residential property. Common sense informs us that a big building with better construction has more value than a poorly constructed small house. Similarly, a property located in a commercial district has more value than a property located in a suburb.

In particular, the purchase value of a property may be used as the assessed value from year to year for calculating property tax. However, every year, a certain percentage – e.g. 1% – is added to the actual purchase value to reflect increase in value. In addition, when a property is substantially changed because of reconstruction, its value will be re-assessed.

2. Determining Property Tax

The property tax is calculated using the following formula:

Property Tax = Value of property x Property Tax Rate

The value of the property includes both the value of the land and that of any buildings on the land.

The rate of property tax may be expressed as a percentage or in mills. A mill is an abbreviation of the prefix “milli” indicating one thousandth of a value. It is equal to one tenth of 1%. Commonly, property tax is 25 mills, or 2.5% of the value of a property. For example, property tax on a property with a value of $200,000 and a tax rate of 25 mills will be calculated as follows:

Value of the property = $ 200,000
Property Tax Rate = 25 mills, or 2.5%

Property Tax   = Value of the property x Property Tax Rate

                                    = ($200,000) X (2.5%)

                                    = ($200,000 X 2.5/100)

                                    = ($200,000 X 25/1,000)

                                    = $5,000


This example has been kept very simple; in practice, the process of finding property tax may be more complicated. The step of valuing a property is usually the cause of the complication, as the calculation of property tax after the determination of a property's value is simple and straightforward in most cases.

Procedure for Assessing Property Tax

To determine the amount of property tax on a property, the property is assessed to get its value. The rate of tax is then applied to the assessed value to get the amount of tax on the property.
At county level in the USA, three offices are generally involved in the process of property tax assessment:
   
     - The county assessor;
     - The county auditor; and
     - The county tax collector.

However, the exact process and involvement of various offices varies from state to state.


Use of Property Tax

Property tax is one of the major sources of revenue for local governments, which use it to finance their operations. Typically, property taxes generate funds for counties, cities, schools, and tax districts. 

Tuesday, November 12, 2013

Five Marla Tax Exemption: Punjab Pakistan

Property Tax Exemption: Five Marlas

Residential houses of five marlas or less not falling in Category A are exempt from property tax. A five-marla house will attract payment of property tax only if it has a Gross Annual Rental Value of Rs 5,000 or more and is situated in a locality where Category A has been applied. Category A is the category of the valuation table having a rate of Rs 15 per square foot per month, which refers to the monthly rental payment a house is capable of fetching. 

Is the five-marla exemption only for owner-occupied houses?

No, it is for both rented and owner-occupied houses. You do not have to pay property tax on a residential house measuring up to five marlas in size even if you have let it out.

Is this exemption available for a 10-marla house co-owned by two persons?

No. Property tax is on property, not on the owners of the property; therefore, it is the property which determines the property tax. Two persons owning a 10-marla house are co-owners of a house measuring more than five marlas, and thus are not entitled to the exemption from payment of property tax.

Thursday, October 17, 2013

Punjab Pakistan: Property Tax Survey 2013-14, Part 3

Effect of Property Tax Survey 2013 on Tax Revenue


The Property Tax Survey 2013-14 is in process, and the government of Punjab will use it to increase revenue. The government plans to double property taxes by January 2014. A taxpayer who has already paid property tax for the financial year 2013-14 will have to deposit the difference between the old and new tax liability during the month of January 2014.

Although the government has decreased the tax rate from 20% to 10%, the tax liability of a taxpayer will be doubled because of several factors, including various factors affecting the determination of rental value of properties. The government is currently collecting tax on rental value per square feet at 2003-04 rates. When these rates are revised, we are likely to get a 100% increase in rental values (based on a simple approximation that rental values have increased by 10% per year over a period of 10 years, i.e., from 2003-04 to 2013-14).

The government is now collecting about Rs 4 billion in property taxes. After the survey, the collection is expected to be about Rs 7 billion.

Wednesday, October 16, 2013

Punjab Pakistan: Can I download the PT1 form online?

Downloading the PT1 form from the Excise and Taxation Department's website is not possible, as the Department does not offer such services at present. However, the computerization of property tax records is in process in many of the districts in Punjab, and we may expect such services in the near future.

The Excise and Taxation Department also has plans to provide the taxpayer with services like online verification of tax payments, an online property tax tax calculator, etc.

You may also like to read:

  Understanding your PT1 form


 What is a PT1 or Form PT1?

 Is Form PT1 an ownership document?