Tax Relief MVV182K Property-related Taxation: Issues and Trends Masaryk University Brno, Czech Republic 12-14 November 2019 Prof Riël Franzsen South African Research Chair in Tax Policy and Governance Director: African Tax Institute University of Pretoria South Africa ATILogo2 Introduction (1) •Tax base •Property discovery •Valuation •Assessment •Tax rates •Tax relief •Billing •Collection •Enforcement •System Management • What is Tax Relief? (1) •“Tax relief” implies that some taxpayers, or properties, or property categories receive preferential treatment and should be justified in a rates policy as some are paying more if other are paying less… • •Relief is an expenditure – and should ideally be quantified and reflected as such in the (municipal) budget –Example: South Africa’s property tax law • What is Tax Relief? (2) •The relief could be granted – –to persons •E.g. pensioners, the aged) – usually “means tested” • –on the basis of use •E.g. properties used for bona fide farming; sports facilities • –on the basis of location •E.g. rural properties; conservation land – – – •Should property tax relief be – –Mandatory (i.e. fixed in the law), or discretionary (a local, political choice)? –Granted automatically or on application? • Revenue Mobilization Model: Tax Relief • • • 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 R x x x x Typical Candidates for Relief •Poor and indigent •Pensioners •Unemployed taxpayers •Farmers •Religious, charitable & educational institutions •Sports clubs •Foreign embassies •Conservation land •Monuments and national heritage sites •Properties damaged by natural disasters (e.g. flooding) •National and/or provincial/state government •Residential properties •Vacant/unoccupied properties Purpose of Relief (i.e. “Why?”) •To alleviate financial hardship –Actual (e.g. unemployed) – –Perceived (e.g. pensioners or the aged) – •Social or political “merit” –E.g. sports clubs, political parties – •Environmental protection • •Counter shifts in incidence • •Achieve “equity” Tax Relief Mechanisms (“How”?) •Base: –Exclusions – •Assessment: –Value reductions –Preferential valuation (e.g. “current use” value) • •Tax rate: –Rebate –Partial exemption –Full exemption –Differential rates –Rate capping –Phase-in –Tax holiday – •Payment: –Deferral –Income tax deductible –Tax amnesty Dangers •Erosion of the tax base • •Temporary relief measures tend to become permanent • •Understatement of fiscal capacity • •Loss of transparency • •Loss of accountability (if granted by different levels) • •Pressures to extend relief to other “deserving” groups/entities • •Administrative complexity • •Administrative discretion and corruption • •Unintended consequences or missing the target Exemptions •Distinguish exemption (assessed, but not (fully) taxed) from exclusion (excluded from the base or assessment) • •Based on ownership – e.g. government • •Based on ownership and use – e.g. religious, charitable, conservation purposes • •Based on use – e.g. bona fide farming • •Based on value – e.g. below a value threshold • •Problems: –Unless accounted for, conceals fiscal capacity –Political pressure by similar ‘pressure’ groupings Rate Capping •Protection of taxpayers • •Protection of national interests and national (fiscal) policies • •Prevents or limits (unhealthy) tax competition between municipalities • •Loss of local autonomy • •Statutory overrides Relief regarding Payment •Deferment –Administration –Interest rate –On application •E.g. British Columbia, Canada –As long as existing use is maintained •E.g. New Zealand – •Deductibility from income tax –Tax exporting Recommendations: Tax Relief •Relief mechanisms should be restricted to an absolute minimum • •Preferably not be related to the tax base (i.e. an exclusion) or assessment (i.e. preferential valuation) • •Must be quantifiable and justifiable • •Cost should ideally be reflected in annual budget Conclusions •Recommendations for tax relief policies –Keep it simple - equity comes with a price tag – •Keep tax relief to the absolute minimum – as it erodes the tax base • •Review relief policies/programmes regularly • •