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HomeMy WebLinkAboutCOM 0641.002 2010-2012SUBMITTED BY: COLLEEN SCHRANDT, LEGISLATIVE AUDITOR PfrG Cipmm.G4-1 UATION OF PROPERTY OLIC1ES AND ATIVE PRACTICES N COUNTY Authors: Alan Dornfest, AAS Richard Almy April 3, 2012 ernational Association Assessing Officers This report was conducted as a Technical Assistance Project under the auspices of the International Association of Assessing Officers (IAAO) Comm. No. Ref. Tot Ref. Date jaiLa-242_, 641.z IAAO a The IAAO is a world - recognized membership organization of property tax assessment professionals. o Its mission is to promote innovation and excellence in: • Property appraisal • Property tax policy • Assessment administration Its role is to: Improve the standards of professional practice • Educate property tax administrators & appraisers • Provide research & disseminate information on property taxation to professionals & the public Significance of IAAO Standards o Provide broadly agreed upon goals and the underlying basis for best practices: Valuation system - • Methods - Standard on Mass Appraisal • Quality assurance - Standard on Ratio Studies Taxation system (tax reform) - Standard on Property Tax Policy El Assessing officers are encouraged to use and promote the standards Policy makers are provided independent, largely objective back up o Represent a consensus of assessment professionals Characteristics of High Quality Property Tax Systems - Key Elements (found in Standard on Property Tax Policy) o Equitable distribution of property tax burden Efficient administration Predictable (stable) revenue generation Open and accessible (transparent) Economically neutral - • Should not encourage property owners to take otherwise economically unsupportable actions • Especially true when rates are low preach to Evaluation o On -site interviews , Structured review of • Chapter 19 of the HawaiDi County Code • Real Property Tax Division procedural documentation • Other relevant materials o Follow -up questions and requests o Submitted draft report for critique by an independent IAAO reviewer •ssaaoid amua atl} ui siaplogavls 2uinlonu! 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'. — Aallod jo uogp ;uaulaldult MainaZl spiPpuPls OVVI puP SUIToU leuORPU o� annduzoD - Aailod xP; Apadoad Mainaa uualsAs xui Ai,lacloid 1,!PMME1-1 uo D s of Recommendations This evaluation contains two types of recommendations: oRecommendations addressed chiefly to the County Council oRecommendations chiefly to the Finance Department and the Real Property Tax Division Of course, fully implementing some recommendations would require actions by both the Council and the administration Setting The economic, fiscal, and institutional setting of a property tax system influences its development and evolution. An understanding of the setting is helpful in evaluating it. oThe recession has affected the County economically & the Real Property Tax Division operationally oThe history and geography of the State of Hawaii influences government and tax policy General Findings 1Zs measured by effective property tax rates (property taxes as a percentage of market values), property taxes are comparatively low in Hawaii County — a feature that leads to taxpayer acceptance o Effective rates vary considerably • There are several causes including the combination of differing tax rates (based on property type) and overlapping value constraints (i.e., the homeowner's exemption coupled with value increase caps, etc.) • The variations lead to different treatment of similarly situated properties and to perceptions of unfairness aierai Findings g (continued) o Hawaii County's property tax system contains many other elements that contribute to fairness and taxpayer acceptance: • Annual, current market value appraisal • Measures and procedures to provide for exemptions, appeals, and collection of taxes • Minimum tax means that all taxpayers share in funding government • Quality control procedures such as ratio studies to measure appraisal level and uniformity • Conveyance tax and sale price disclosure Valuation Systems - s i s - MAO Commentary "To maximize fairness and understandability in a property tax system, assessments should he based on current market value of property." From the IAAO Standard on Property Tax Policy, 2010, Section 4.2 System based on market value appraisals: • 32 states (but some fractional assessment ratios) • 26 states appraise at market value without fractional ratios • Closeness to current market value depends on: • Reappraisal cycle (if any) • Adjustments between reappraisals - 6 states indicate this practice (2008 Ratio Study Survey) General Contentions Fiscal analysis — there is insufficient analysis of how tax burdens are distributed and how they shift from year to year o Some property tax system improvements will require changes to the County Code El There are opportunities to improve management and use technology more effectively There are opportunities to improve appraisals and assessments by instituting programs and procedures to ensure accurate data rieral Contentions (continued) o The are opportunities to use additional, more effective appraisal methods o The approach to selective property tax relief in Hawai'i County is overly complex and difficult to administer uniformly and economically o The appeal system could be made more accessible o There is a lack of easily accessible information to guide policy makers, administrators, and the taxpaying public cal Analysis and Property Tax cation & Relief Policies El] Differential property tax rates — the rate of tax depends on the type of property • There is a need to examine the purpose and effects of the differentials - Recommendations 1 & 2 • There is a need to ensure that property is properly classified o Residential property tax relief - Recommendations 33- 36 • Residential and homeowner class rates • Valuing land as if agricultural based on zoning • Partial exemptions • Value cap and freeze • Other safety -net approaches, such as "circuit breakers" �t, )-41 Classes and Rates Class A Residential B Affordable Rental Housing C Apartment D Hotel and Resort E Commercial F Industrial G Agricultural & Native Forest H Conservation I Homeowner Levy Percentages Ordinance Rates Land Buildings Land 0.1292 0.1609 0.0028 0.0015 0.1224 0.0527 0.0377 0.0318 0.0303 0.0386 0.0193 0.0253 0.0871 0.1115 0.0022 0.0157 0.0643 0.0667 9.10 5.55 9.85 9.85 9.10 9.10 8.35 9.85 5.55 Buildings 9.10 5.55 9.85 9.85 9.10 9.10 8.35 9.85 5.55 11 Percent Distributions of » Taxes by Property Class MAO Comments on e Constraints (Caps) t r i constrain changes in assessed or appraised value of property may appear to provide control but actually distort the distribution of the property tax, destroying property tax equity and increasing public confusion and administrative complexity. Standard on Property Tax Policy (IAAO, 2010) Section 5.4.3, p. 21 Note: 18 states and DC use value increase constraints; MN allowed such constraints to expire in 2009 after studies showed increasing inequities and tax shifting scat Analysis and Property Tax °cation & Relief Policies (continued) El Agricultural use -value assessment • Preferential property taxation of farmland, forest land, and open space is common nationally • There is a need to clarify the objectives of use -value assessment in Hawai`i County ere is a need either to enforce current requirements or revise them • Agricultural use - values should be updated and eligibility ensured as required by the Code - Recommendation 27 2A I Analysis and Property Tax cation & Relief Policies (continued) E] Affordable rental housing - receives a 3% cap on value increases Golf courses - actual, not highest & best use • Other incentives, such as qualifying historic properties o As a general matter, eligibility for exemptions and other forms of property tax relief should be verified periodically - Recommendations 30 & 31 Uato Improvements D Programs are needed to ensure that property descriptions are up -to -date • Data errors lead to inaccurate, indefensible appraisals - Recommendation 21 • Every property should be inspected at least once every six years - Recommendations 24 & 25 D Property classes need to be defined better o There needs to be less reliance on voluntary self • orting when changes in ownership or property pa may disqualify properties for agricultural and residential property tax relief - Recommendations 30 -32 o Procedures for inspecting recently sold properties and for screening and documenting sales used in appraisal and ratio studies should be strengthened - Recommendations 22 -23 sat Practice Improvements o Base assessments on "market modeling" when there are sufficient sales — the Real Property Tax Division already plans to institute this — and consider valuing improved properties as an economic unit - Recommendation 29 o Use the income capitalization approach in the valuation of rental properties — would require authorization in the Code - Recommendation 26 o Lack of use of regional building cost modifiers • Land is valued based on local sales markets • Buildings are treated more uniformly county -wide - this likely undervalues buildings in resort areas - Recommendation 28 al System Issues a The current appeal system has several questionable features (see Recommendation 37), including: • The 20% value difference hurdle is excessive —at least for residential properties • The Code's current limited ground for uniformity appeals is not in harmony with a longstanding U.S. Supreme Court decision • The filing fee and link to condemnation proceedings could deter otherwise meritorious appeals • In valuation complaints, appellants should be allowed only to challenge total value, not the value of a component o IAAO standards recommend that the first level of appeal should be to the Division - Recommendation 38 Information Accessibility a More information is needed about: • The rationale for such system features as the differential tax rate structure • Why appraised and net taxable values of similar and neighboring properties can vary so much • Appraisal procedures • Why delinquent taxes are mounting - Recommendation 39 o Annual reporting to the Mayor, Council, and the public could be improved - Recommendations 18 & 40 o There is a need for a formal procedure for addressing complaints received by parties other than the Board of Tax Review of Annual Report , / Iafe S4�o��aos y Fiscal Year 2012 -2013 ,innual Igport to City Council GROWTH MID APPRECIATION /DEPRECIATION , m1 2005 2006 21477 2006 2002 ..10 20112012 20. Meal Tee Change in A..e..ment I s I NA6 ax 2004 2005 2022 2002 2008 1004 .10 2011 2012 2012 Keel Ter wow county Code Changes Changes may be needed to °Improve the organization and clarity of the code - Recommendation 3 °Implement changes to the property tax system - Recommendations 3 -4,19, 25 -26, 30, 34, 37, & 38 'cal Oppor if �s ecommendation 11 calls for: °Upgrading the co peer- assistedrmass apprais A system ointegr .: ; f_ ormatibr iUtilYzing o (Pictonl'e nth tie County's geo p IS) otgraphy erations ematic map from GIS - i,,}ortunities to Improve Management Better, more formal long -range or strategic planning - Recommendation 5 o Better analysis of workloads and productivity to support budget requests and allocate resources - Recommendations 6, 7, & 8 Better internal controls & quality assurance procedures, including • Standards & procedures - Recommendation 9,17 • Ratio studies - Recommendations 12 -18, 20 • Training - Recommendation 10 • Communications & public contact - Recommendation 40 t are Ratio Studies? a o s a es are statistical analyses that compare assessed or appraised values and market values with sale prices or independent appraisals serving as proxies for market value). $100,000 appraised value $150,000 sale price = 0.667 = 66.7% Is the jurisdiction appraising property at market value? atio Studies Tell Us? here are two key aspects of assessment quality: aLevel - How close assessments (or appraisals) tend to • e to market value (or any other statutorily required oal) on an overall basis. 'Uniformity - How much variability exists with respect to individual assessment ratios compared to the typical property in a neighborhood or larger area • Vertical equity - similarity of assessment ratios over different property value ranges (i.e., high and low priced); • Horizontal equity - variability within and among property groups or "strata" d Ratio Study Results Very Property Is Appraised at Market Value? Ratio studies are statistical tests providing indications about whether properties generally, or in certain groups or categories, are at market value and are equitably assessed in relation to market value. o It is not necessary or expected for every ratio to be near 100% or even within a given range such as 90% to 110 %. _eve i vs. Uniformity xamp Sale Number 1 2 3 4 5 6 7 Totals: Assessed Value Sales Price Ratio $10,000 $ 25,000 40.00% 30,000 50,000 60.00% 22,500 30,000 75.00% 60,000 60,000 100.00% 37,500 30,000 125.00% 70,000 50,000 140.00% 40,000 25,000 160.00% 270,000 Mean = Median = Sales Wtd. Mean = Geometric Mean = Good level, but poor uniformity! 270,000 700.00% 100.00% Measures of Assessment Level 100.00% 100.00% (COD) Coefficient of Dispersion = 90.98% 35.71% (COV) Coefficient of Variation = 44.06% Measures Of Uniformity Although all of the level measurements indicate that market Nalue has been achieved on an overall basis, significant variation is present and will prevent many taxpayers from being taxed equitably'. Example 2: Taxes paid given poor equity (COD = 22.0 %) ppr!i ood nifor�mity Uniformity equity (COD = 11.5%) v. Taxes - Example 1: Taxes paid given good Taxes to be paid ($) Taxes per $1,000 sale price Parcel Appraised Value ($) Avg. Abs. Taxes to Taxes per Diff. from be paid $1,000 Median ($) sale price Ratio (AN) Parcel Appraised Value ($) Sale Price ($) Ratio (AN) 1 100,000 130,000 0.769 0.229 $1,000 $7.69 2 110,000 135,000 0.815 0.184 $1,100 $8.15 0.298 3 125,000 145,000 0.862 0.136 $1,250 $8.62 $1,406 4 145,000 155,000 0.935 0.063 $1,450 $9.35 $10.08 5 170,000 175,000 0.971 0.027 $1,700 $9.71 7 6 200,000 195,000 1.026 0.027 $2,000 $10.26 282,805 7 235,000 215,000 1.093 0.094 $2,350 $10.93 285,000 8 275,000 250,000 1.100 0.101 $2,750 $11.00 9 320,000 285,000 1.123 0.124 $3,200 $11.23 9.008 10 370,000 320,000 1.156 0.158 $3,700 $11.56 Total 2,050,000 2,005,000 9.851 1.145 0.220 Median COD 0.999 22.0% Average difference 0.114 COD 11.5% Tax rate 0.01 Note: Taxes based on budget of $20,500 Example 2: Taxes paid given poor equity (COD = 22.0 %) Avg. Abs. Diff. from Median Taxes to be paid ($) Taxes per $1,000 sale price Parcel Appraised Value ($) Sale Price ($) Ratio (AN) 1 45,249 130,000 0.348 0.652 $477 $3.67 2 72,398 135,000 0.536 0.464 $763 $5.65 3 101,810 145,000 0.702 0.298 $1,073 $7.40 4 133,484 155,000 0.861 0.139 $1,406 $9.07 5 167,421 175,000 0.957 0.044 $1,764 $10.08 6 203,620 195,000 1.044 0.044 $2,145 $11.00 7 242,081 215,000 1.126 0.126 $2,551 $11.86 8 282,805 250,000 1.131 0.131 $2,980 $11.92 9 325,792 285,000 1.143 0.143 $3,433 $12.04 10 371,041 320,000 1.160 0.159 $3,909 $12.22 Total 1,945,701 2,005,000 9.008 2.200 Median 1.000 Average difference 0.220 COD 22.0% Tax rate 0.010536 Note: Taxes based on budget of $20,500 Effects of Poor Uniformity of Assessments Wha about Price Related Inequity? Occurs if higher and lower priced property is appraised at different percentages of market value $100,000 property at 50% = $50,000 ass'd. val. • $50,000 property at 100% = $50,000 ass'd. val. Known as vertical inequity ID Measured most often with an index statistic known as the Price- Related Differential (PRD) • More statistically precise tests are covered in Part 1, sections 5.6 and 5.7 of the 2010 Standard on Ratio Studies Examp es 1 and 2 compared Comparison of overall tax equity Example 1 Example 2 Example 1 Example 2 Parcel Taxes per $1,000 sale price Taxes per $1,000 sale price Difference ($ per $1,000 SP) Total Tax ($) Total Tax ($) Difference ($) Percent ( %) 1 $7.69 $3.67 -$4.03 $1,000 $477 - $523.26 -52.3% 2 $8.15 $5.65 -$2.50 $1,100 $763 - $337.21 - 30.7% 3 $8.62 $7.40 -$1.22 $1,250 $1,073 - $177.33 -14.2% 4 $9.35 $9.07 -$0.28 $1,450 $1,406 - $43.60 -3.0% 5 $9.71 $10.08 $0.37 $1,700 $1,764 $63.95 3.8% 6 $10.26 $11.00 $0.75 $2,000 $2,145 $145.35 7.3% 7 $10.93 $11.86 $0.93 $2,350 $2,551 $200.58 8.5% 8 $11.00 $11.92 $0.92 $2,750 $2,980 $229.65 8.4% 9 $11.23 $12.04 $0.82 $3,200 $3,433 $232.56 7.3% 10 $11.56 $12.22 $0.65 $3,700 $3,909 $209.30 5.7% COD 11.5% 22.0% 11.5% 22.0% Example 2 poor uniformity has Note: Parcels in both examples have identical sale prices, but assessments are uniform as a percentage of sale price in Example 2. less Wha about Price Related Inequity? Occurs if higher and lower priced property is appraised at different percentages of market value $100,000 property at 50% = $50,000 ass'd. val. • $50,000 property at 100% = $50,000 ass'd. val. Known as vertical inequity ID Measured most often with an index statistic known as the Price- Related Differential (PRD) • More statistically precise tests are covered in Part 1, sections 5.6 and 5.7 of the 2010 Standard on Ratio Studies Price - Related Differential Examples Rattc 1.8 1.6 1.4 1.2 1 0.8 0.6 0.4 0.2 0 Fa■ ors Loss L • • • INO Bias • • ' Favors High 10 20 30 40 50 Sales Prices (51.000) 60 ♦PRD = 0.85 PRD =1.13 •PRD =1.00 '0 80 and Conclusions Fundamentals are sound in both policy and administration o Greatest needs are: • A systematic review of tax policies to determine whether original goals remain valid and are being met • Programs to ensure that data used in property appraisal are accurate and that exemptions (etc.) are granted to eligible recipients • Improved internal controls & oversight • Investments in training and technology