New, Loss, Adjustment, Losses, and Additions COMPARING EQUALIZATION, CAPPED VALUE AND HEADLEE CONCEPTS IN THE RECOGNITION OF CHANGES IN TRUE CASH VALUE EQUALIZATION MANDATE Article IX, Section 3 of the 1963 Constitution of the State of Michigan provides for the “uniform general ad valorem taxation of real and tangible personal property not exempt by law …” MCL 211.10 provides that “(a) n assessment of all the property …shall be made annually in all townships, villages and cities by the applicable assessing officer as provided in section 3, article IX of the state constitution of 1963…” MCL 211.34(2) provides that “(t)he county board of commissioners shall examine the assessment rolls of the townships or cities and ascertain whether the real and personal property in the respective townships or cities has been equally and uniformly assessed at true cash value.” MCL 209.4 provides that the State Tax Commission (acting as successor to the State Board of Equalization, pursuant to MCL 16.186) “shall determine whether the state equalized valuation of … property in the county was set at the level prescribed by law or should be revised to provide uniformity among the counties …” EQUALIZATION PURPOSE Quality local assessing practices can assure uniformity among parcels within a classification and within a local assessing jurisdiction. Equalization is to assure uniformity in the level of assessment from one property to another, among the classifications within each assessment jurisdiction, among the cities and townships in each county, and among all of the counties within the State of Michigan. Lack of uniformity results in a non-uniform distribution of the tax burden. Lack of uniformity can exist between assessing units due to the failure to value property at 50% of true cash value, even if the assessments within the unit are uniform. This lack of uniformity is corrected by means of a County Equalization Factor. The goal of the equalization process is to assure that the level of the assessment that results from the assessment process is uniform for all properties in the State. EQUALIZATION PROCEDURE ADJUSTMENT: Assessment changes that are implemented to recognize the results of the equalization study, and which were accounted for in setting the equalization starting base for the year in question. Adjustments are also sometimes described as changes in assessment to establish uniformity and meet the 50 percent requirement. Assessment changes due to a change in the market value of property improvements, components or structures valued in the preceding year’s assessment roll. Market value changes are Adjustments if they were reflected in the equalization study to set the starting base for the current year. EQUALIZATION PROCEDURE Assessment changes for reasons other than the recognition of the results of the current equalization study are treated as “New” or “Loss”. “New” or “Loss” are: Physical changes in the property Changes in the taxable status of the property Certain occurrences that directly or indirectly result in the recognition of an increase or reduction in market value (such as some improvements to public services, certain actions by the STC or MTT, and land division or assemblage activities). Examples of Equalization Plus Adjustments • Increases in value due to general price increases in the area. • Increase in value due to increased demand arising from the building of a new industrial plant. • Increase in value due to a new freeway that generally improves access from the city. • Increase in value due to improvement in the school system. • Increase in value due to a reduction in property taxes. • Increase in value due to zoning changes. • Increase in the value of an individual assessment solely to establish uniformity, where no physical change in the property has occurred. Examples of Equalization Minus Adjustments • Decrease in value due to general price decrease in the local market. • Decrease in value due to an industrial plant closing. • Decrease in value due to zoning changes. • Decrease in value due to financial difficulties in the school system. • Decrease in value due to an increase in property taxes. • Decrease in value of an individual assessment to establish uniformity. Examples of Equalization New • Placement of a legal description on the roll for the first time after splitting a larger parcel or assembling smaller parcels. • A classification change which results in the inclusion of a parcel in a class for the first time. • The return of a parcel from an exempt status. • The valuation of a new building or other new property improvement on the roll for the first time. • Property that was previously omitted from the roll. • Value added to reflect additions or improvements to existing structures or other property improvements. • Further completion of new construction that was partially complete on the previous tax day Examples of Equalization New • The value increase occasioned by the platting of a parcel. • Value changes resulting from a State Tax Commission or March Board of Review determination that omitted property should be added to the assessment roll. • In the ABSENCE of an equalization study, increases in value of a personal property parcel when compared to the previous year, except for the values of items or components which are statutorily assessed as personal property but are real property in nature. • Increased land values or value increases caused by improved economic conditions which were not reflected in the equalization study. This sometimes happens when a starting ratio is not based on a reliable and accurate study but rather is merely an estimate. Generally, the equalization study, if properly conducted, will reflect increases in value such as those described in #11 above. Sometimes if the study does not include samples which are representative of the property in question, such circumstances may justify New (or Loss) treatment when the property in question is of a large enough value and has a significantly different level of assessment than that indicated by the equalization study, so that the tentative equalization factor would change. A representative sample need not include parcels representing each and every subdivision or plat (or each subgroup) in the unit’s classification. However, a sample should contain parcels with study ratios that, in their aggregate, indicate the average ratio for that unit’s classification. Consider the following example: Z Township has 11 industrial parcels; 10 relatively small satellite machine shops and 1 relatively large manufacturing plant. The county equalization department (CED) performed no 2002 study to set the 2003 starting base ratio and true cash value for the industrial real classification. The CED posted the values from line 308 of the 2002 Form L-4023 (with a 48% ratio) to line 301 of the 2003 Form L-4023. Therefore, the 2003 starting ratio is 48.00%. To set the 2003 assessment, Z Township contracted for an appraisal of the large manufacturing plant. The appraisal (net of current loss, adjustment, and new) indicates a 42.00% starting ratio for 2003 for the plant. The assessor has increased the assessment to 50% of the appraised value. Even though the increase is not the result of value that is new to the roll in the usual sense (such as new construction, exempt and returning to the roll, or split new); the surplus amount of assessment increase must be taken as equalization new for Forms L-4021, L-4022 and L-4023, assuming that the Equalization Director agrees that the appraisal is a valid indicator of true cash value. The remaining amount of assessment increase that is taken as Equalization New is the amount of the increase taken to raise the ratio from 42.00% to 48.00% (the starting ratio shown on line 301 of the L-4023). The amount of assessment increase that is taken to raise the ratio from 48.00% to 50.00% is taken as plus adjustment. If the entire assessed value increase was taken as plus adjustment, an unjustified factor of less than 1.00000 could result. !!! IMPORTANT !!! The value taken as Equalization New is not recognized either as capped value additions, or as additions for Headlee rollback purposes. For example, suppose that the manufacturing plant has a 200,000,000 TCV for 2003. 2002 AV = 200,000,000 x 42.00% ratio = 84,000,000 2003 AV = 200,000,000 x 50.00% ratio = 100,000,000 2003 NEW = (200,000,000 x 48.00% ratio) – 84,000,000 = 12,000,000 or =200,000,000 x (48.00% - 42.00%) = 12,000,000 2003 Plus Adjustment = 200,000,000 x (50.00% - 48.00%) = 4,000,000 2002 2003 AV 84,000,000 100,000,000 CV NA NA 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment 0 4,000,000 0 0 0 NA New/Additions 12,000,000 0 If the CED had made a reliable and accurate study for the Z Township industrial real property classification for the 2002 assessment year, the entire increase in value would typically be recognized as plus adjustment. (Note: the CED may make the case for stratifying the plant’s values for equalization purposes on Form L4018.) Examples of Equalization Loss • Retirement of a parcel (legal description) after a split, an assemblage, or a platting. • Removal of a parcel from the classification when a parcel is changed from one classification to another (Agricultural to Residential). • Removal of a parcel to a tax exempt status. • The physical destruction or removal of a property component or improvement. • Value reductions resulting from a State Tax Commission MCL 211.154 order or from a March Board of Review determination that improvements improperly assessed to the wrong parcel. Examples of Equalization Loss • In the absence of an equalization study showing a starting ratio greater than 50%, reductions in value in a personal property parcel when compared to the previous year, except to the extent that the parcel includes items or components which are statutorily assesses as personal property but are real property in nature. • Decreased land value or the value decreases occasioned by deteriorated economic conditions that were not reflected in the equalization study. This sometimes happens when a starting ratio is not based on a reliable and accurate study but rather is merely an estimate. CAPPED VALUE Mandate Article IX, Section 3 of 1963 Constitution of the State of Michigan - “… taxable Value … adjusted for additions and losses, shall not increase each year by more than the increase in the immediately preceding year in the general price level … or 5 per cent, which ever is less, until the ownership of the parcel of property is transferred.” MCL 211.27a implements the section of the Constitution and provided a detailed definition of “transfer of ownership”. MCL 122.34d provides detailed definitions of “Additions” and “Losses” and provides the formula for calculating Taxable Value. CAPPED VALUE PURPOSE • Fulfill the constitutional and statutory requirements described in the Mandate. • Limit the amount by which the value used to compute taxes can increase in any one year. • Unless a “Transfer of Ownership” has occurred in the preceding year, each year’s Taxable Value (TV) must be limited to the lessor of the State Equalized Value and a the Capped Value (CV). • CV increases from previous year’s TV by the lesser of the rate of inflation or 5%. • CV = [(Previous Year’s TV - Losses) X Inflation Rate Multiplier1] + Additions • 1The lesser of the Consumer Price Level or 1.05 Examples of Capped Value Additions • Increase in value from inclusion of an omitted building (limited to the taxable value it would have if it had recognized when built, at the inception of Proposal A, or the last Transfer of Ownership plus the permitted taxable value increases. • Increase in value arising from the inclusion of personal property that was not reported on a personal property statement. • New construction on the property • Value arising from property returning from exempt status2. • Value arising from replacement of a structure destroyed by act of God or accident (subject to limitations). • Increase in value arising from an environmental cleanup (subject to question because of WPW Acquisition court decision). • Increase in value arising from introduction of public services 2cases involving industrial exemption certificate or poverty exemption limit the amount of the Additions to the amount the property would have had if it had never been exempt. Examples of Capped Value Loss • Demolition of an existing building • Destruction of a building by a flood. • The exemption of property acquired by a school district (or other exempt entity) in the preceding year. • Decrease in value due to impaired occupancy (subject to question because of WPW Acquisition court decision). • Decrease in value caused by the recognition of environmental contamination (subject to question because of WPW Acquisition court decision). HEADLEE MANDATE Article IX, Sections 25 through 31 of the 1963 Constitution of the State of Michigan provides for a procedure that reduces local and county millage rates. MCL 211.34d implementing statutes Separate revenue reduction procedure limits the ability of the State of Michigan to increase revenue by more than the rat of inflation HEADLEE PURPOSE Operating tax revenue (not including bonded indebtedness) for the current year cannot exceed tax revenue for the previous year, increased by the increase in the inflation rate after being adjusted for taxable value Additions and Losses. Additions may increase revenue. Losses may reduce revenue. Millage Reduction Fractions (MRF) prescribed by MCL 21.34d PERMANENTLY REDUCE the maximum authorized millage rate that may be applied to a property’s taxable value. Headlee overrides are no longer acceptable - Voter authorized additional millages is the only method available to increase millage rates. HEADLEE PROCEDURE Generally ADDITIONS are any property new to the assessment roll. Generally LOSSES are any property that was formerly a part of the assessment roll but which is gone from the current assessment year. A MILLAGE REDUCTION FRACTION (MRF) is applied to the maximum authorized millage rate. MRF = (Prior Year’s Taxable Value - Losses) X inflation Rate Multiplier Current Year’s Taxable Value - Additions The purpose of the calculation is assure that revenue is not collected in excess of that allowed under the Michigan Constitution. EXAMPLES OF HEADLEE ADDITIONS • New construction and other physical improvements to property. • Personal property listed as New Acquisitions that have been property reported on the newest acquisition year of the Personal Property form and which do not represent a “rebooked” cost. • Personal property that is physically moved in from another assessment or tax levying jurisdiction and which has either been properly reported as a “Move-In” or has been verified by audit. EXAMPLES OF HEADLEE ADDITIONS • Property that was physically located in the jurisdiction but was omitted from the assessment in the previous year. • The increase in value arising from the removal of property from exempt status. (IFT and Poverty exemptions are limited to the amount necessary to return current taxable value to the amount it would have been, had the property not received the exemption). • The increase in value made arising from the replacement of a structure destroyed by an act of God or accident - subject to limitations. EXAMPLES OF HEADLEE ADDITIONS • The increase in value made arising from an environmental cleanup (given WPW Acquisition, the appropriateness of these Additions may now be subject to question). • Increase in value arising from the introduction of public services such as roads, sewers, and other utilities. EXAMPLES OF ITEMS THAT ARE NOT HEADLEE ADDITIONS • Platting, splitting, or combinations of property. • Change of zoning of a property. • Increases in Taxable Value attributable to uncapping in the year following transfers of ownership. • Increase in reported costs of personal property on an acquisition year (other than the most recent acquisition year), unless properly reported as a “Move-In” or the assessor has audited to verify that the property is new to the applicable levy jurisdictions. EXAMPLES OF HEADLEE LOSSES • Demolition of an existing building • Destruction of a building by a flood, storm, or fire • Exemption of property acquired by a school district or other qualifying entity in the preceding year. • A decrease in value due to impaired occupancy (Given WPW Acquisition, the appropriateness of these Losses may now be subject to question). • A decrease in value caused by the recognition of environmental contamination (Given WPW Acquisition, the appropriateness of these Losses may now be subject to question). EXAMPLES OF ITEMS THAT ARE NOT HEADLEE LOSSES • The platting, splitting or combination of a parcel of land. • A change in zoning. It is not necessarily the case that value changes that are identified to be Equalization New, or Capped Value Additions, or Headlee Additions must be all three, or even two of the three. 7 Examples Follow: Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 1. If the classification of the property is changed from Agricultural to Residential, the value removed from the Agricultural Class is Equalization Loss to that Class and Equalization New to the Residential Class, but no Capped Value Additions or Losses and no Headlee Additions or Losses are recognized. Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 2. If personal property is moved from one location in an assessment jurisdiction to another location in the same jurisdiction which is in a different school district, the value added to the new school district is not Equalization New and the value removed from the old school district is not Equalization Loss. However, although the movement does not result in Capped Value Additions or Losses if reported under the same parcel account, it is Capped Value Additions and Losses if afterward reported under a different parcel account. Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 2. Continued: Further, for the assessing unit’s millage rollback calculations, absent an assessor audit, even if reported under a different parcel account, the movement will not be reported as a “Move-In” using Form 3966 and it will, therefore, not be treated as Headlee Additions for the new account. However, absent audit, it will be treated as Headlee Losses for the previous account. For the ‘change in school district’ rollback calculations, the entire prior year’s taxable value is Losses to the school district that the personal property left. The entire current year’s taxable value is rollback Additions to school district the property entered. Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 3. Previously exempt personal property will be treated as Equalization New, but only to the extent that it results in an increase from the previous year’s assessment. The previously exempt personal property may be treated as Headlee Additions, but only if it is reported as a “MoveIn” on Form 3966, or verified through an assessor’s audit. Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 4. The exemption of personal property may be treated as Equalization Loss, but only to the extent that it results in a decreased value for the parcel from the previous year’s assessment. The newly exempt personal property will be treated as Headlee Losses. Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 5. Leased equipment previously reported by the lessor and acquired by the lessee will be Equalization New to the lessee and Equalization Loss to the lessor. The previously reported leased equipment will be Headlee Losses for the lessor’s parcel, unless verified by an assessor’s audit. It will not be Headlee Additions for the lessee’s parcel, since it is not a “Move-In.” Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 6. Equipment reported by a previous owner and acquired by a new owner who keeps it located in the same assessment jurisdiction (change in accounts, but no change in jurisdictions) will be Equalization New to the new owner and Equalization Loss to the prior owner. The equipment will be Headlee Losses to the prior owner, unless otherwise verified by an assessor’s audit, it will not be Headlee Additions to the new owner, since it is not a “Move-In.” Combinations of Equalization NEW, Capped Value ADDITIONS, and Headlee ADDITIONS 7. If a parcel has been split, combined or platted, the new parcel created will be deemed to be Equalization New and the retired parcel(s) will be deemed to be Equalization Loss. However, there are no Capped Value Additions or Losses and there are no Headlee Additions or Losses. The same general principles that are applied above to the comparison of Equalization New, Capped Value Additions and Headlee Additions, also apply to Equalization Loss, Capped Value Losses and Headlee Losses. ERRONEOUS ACTIONS BY ASSESSORS - PERSONAL PROPERTY Many assessors mistakenly assumed that if a value reduction was Headlee Losses, it must also be a Capped Value Losses. THIS ASSUMPTION IS INCORRECT The method established to calculate Headlee Losses and Additions for personal property was knowingly and intentionally designed so that, in the absence of verification through an assessor’s audit, it would not understate Headlee Losses and would not overstate Headlee Additions. This was done so that the Headlee Millage Reduction Fraction would not be understated. The State Tax Commission does not expect there to be more than a handful of instances, even in the largest of jurisdictions, where the Personal Property Capped Value is properly set in an amount less than the State Equalized Value. Most personal property declines in value from one year to the next. In most instances where the Capped Value appears to be less than the State Equalized Value, there is likely to be a mistake, and an analysis must be made to determine whether the value is actually capped. In particular, the assessor must be prepared to recognize four situations: 1. Instances where the taxpayer changes the Section in which it reports its property. For instance, if all of the property is reported in Section B one year and reported in Section F the next, there is probably an incorrect report in one of the years, that may result in omitted or improperly reported property. 2. Instances where the taxpayer has “rebooked” its costs and has reported on the most recent acquisition year, while omitting all previous acquisition years. 3. Instances where the value may be properly capped, arising from the fact that assets have increased in value, rather than declined in value. Examples are cases where the assessment is composed primarily of fluid pipeline property, fine art, other Section G reported assets that present unusual valuation problems and assets that have, in the past been undervalued, resulting in a capped under-assessment. Even in these cases, Bulletin 1 of 2000 provides that the value is capped, only if the effect on the entire assessment is such that the assessment, after adjusting for Additions and Losses exceeds the lesser of the rate of inflation or 5%. Bulletin 1 of 2000 also indicates that an asset-by-asset review is necessary before concluding that the value is capped. 4. In instances where the assessment was estimated in the preceding year, in the current year, or in both years, all net changes are deemed to be either Headlee Additions or Headlee Losses. Such changes will also be deemed to be Equalization New or Loss. DETERMINING ADDITIONS AND LOSSES USED IN THE CALCULATION OF THE “HEADLEE” MILLAGE ROLLBACK AND THE “TRUTH IN TAXATION” ROLLBACK FOR PERSONAL PROPERTY 1. The State Tax Commission has directed that a new system for determining ADDITIONS and LOSSES shall be used in the calculation of the “Headlee” Millage Rollback and the Truth in Taxation Rollback for personal property, starting in assessment year 2004. This new system is set forth in State Tax Commission Bulletin 19 of 2002. 2. The directives in Bulletin 19 of 2002 apply only to the calculation of the “Headlee” rollback (MCL 211.34d) and the Truth in Taxation rollback (MCL 211.24e). They DO NOT apply to the calculation of capped value or to the equalization process. In the past, the procedure for determining ADDITIONS and LOSSES used in the calculation of the “Headlee” Millage Rollback and the “Truth in Taxation” Rollback FOR PERSONAL PROPERTY stated that all changes in taxable value were either ADDITIONS or LOSSES. 3. Starting in assessment year 2004, this procedure shall no longer be used. The State Tax Commission recognizes that any practice that would understate the amount of the constitutionally mandated “Headlee” rollback of taxes is impermissible. Calculating a MRF that is too high is not permitted, and would likely be found to be unconstitutional. The following practices must be avoided because they would understate the amount of the “Headlee” rollback of taxes and produce a MRF that is too high: Avoid Understating LOSSES - Understating LOSSES results in an understatement of the amount of the “Headlee” rollback of taxes. a. In order to avoid understating LOSSES, it is necessary to determine the amount of “move-ins” of used equipment. (“Move-ins” of used equipment will be defined later in this outline.) Avoid Overstating ADDITIONS - Overstating ADDITIONS results in an understatement of the amount of the “Headlee” rollback of taxes. b. In order to avoid overstating ADDITIONS, it is necessary to determine the amount of “move-ins” of used equipment. Avoid Netting of ADDITIONS and LOSSES - Netting of ADDITIONS and LOSSES (versus separate treatment of ADDITIONS and LOSSES) must be avoided because it understates the amount of the “Headlee” rollback of taxes. c. The formula for calculating the “Headlee” Millage Reduction Fraction rollback has not changed for several years. The formula is as follows: 4. (Prior Year’s Taxable Value – LOSSES) X Inflation Rate Multiplier Current Year’s Taxable Value – ADDITIONS The formula for calculating the “Truth in Taxation” Rollback has not changed for several years. The formula is as follows: Prior Year’s Taxable Value – LOSSES Current Year’s Taxable Value - ADDITIONS What has Changed? The method of identifying LOSSES and ADDITIONS used in the Millage Rollback and Truth in Taxation Rollback calculations. Starting in 2004, the instructions for determining ADDITIONS and LOSSES for Forms L-4025 and L-4028 will also apply to personal property, where appropriate. The following are some specific guidelines of particular interest for determining ADDITIONS and LOSSES used in the calculation of the “Headlee” and “Truth in Taxation” rollbacks for personal property. The following increases in Taxable Value ARE ADDITIONS and are referred to as “move-ins”. There are two types of “move-ins” - “move-ins” of NEW equipment and “move-ins” of USED equipment. (It is important to note that only “move-ins” of USED equipment are reported on STC Form 3966 which is filed by the taxpayer along with the personal property statement.) i Acquisitions of new personal property made during the year preceding the current tax year are “moveins” of new equipment. Example: for the 2004 tax year, acquisitions of new personal property made during 2003 are “move-ins” of new equipment and are ADDITIONS. ii Acquisitions of used personal property are “move-ins” of used equipment provided that ALL of the following apply: 1) The personal property was NOT formerly used by the purchaser as leased equipment within this same governmental unit in the immediately preceding year. 2) The personal property was NOT formerly used by the purchaser at another location within this same governmental unit in the immediately preceding year (i.e. moved to a new location within the taxing jurisdiction). 3) The personal property was NOT formerly assessed to a different owner in the same jurisdiction in the immediately preceding year. iii Personal property that was exempt in the prior year is “move-ins” (for example, personal property that was exempt on the IFT roll in the prior year). iv Personal property omitted from the roll in the immediately preceding year is “move-ins”. The following increases in Taxable Value ARE NOT “Headlee” or “Truth in Taxation” ADDITIONS and are NOT “move-ins”. They are referred to as Non-Headlee Increases. i Acquisitions of used personal property purchased from a leasing company AND reported in the prior year by the leasing company in this same governmental unit. ii Used personal property reported last year at a different location and/or by a different taxpayer in the same governmental jurisdiction. For example, used equipment moved from one location to another location in the same city, or property purchased as part of a going concern from a previous owner is not “move-ins.” iii Increases in taxable value due to an increase in the multiplier tables from one year to the next, for example, the increase from one year to the next found in Table K (Crude Oil and Fluid Pipelines). The following reductions in taxable value are LOSSES i Property assessed in a prior year and physically removed from the governmental unit in the following year. ii When a leasing company sells used equipment to the same company which has been leasing the equipment, this reduction shall be treated as LOSSES on the leasing company’s statement, even though the equipment stays in the same unit of government. This is necessary because the mechanics of the system of estimating LOSSES for the lessee/user could otherwise understate LOSSES, IN THIS ONE SITUATION. ii – 1 If an audit of the purchaser’s personal property statement is performed, which identifies formerly leased equipment and which reveals that the purchase does NOT offset LOSSES on the purchaser’s statement, then it is not necessary to treat the sale (to the user) of formerly-leased equipment as LOSSES on the leasing company’s statement. ii – 2 Unless an audit is conducted, all reductions in reported costs on a leasing company’s personal property statement must be treated as LOSSES. ii – 3 Note that the purchaser must report the same cost and acquisition year for the property that was reported by the leasing company. iii The bulk transfer of the assets of an ongoing business, where the purchaser continues to operate the business in the same location must be treated as LOSSES, if there is not continuity of reporting (i.e. reporting by the new owner using the same parcel code). It is necessary to treat this type of sale of assets as LOSSES for the reason that the purchaser who is continuing the business frequently does not acquire all of the seller’s assets or disposes of some of the assets purchased prior to tax day and the present system would not otherwise recognize these as LOSSES. iii – 1 If the assessor performs an audit and determines the amount of assets which were not purchased by the person who is continuing the business and/or the amount of disposals by the purchaser prior to tax day AND treats these as LOSSES, then it is not required to treat the rest of the assets involved in the bulk sale as LOSSES. iii – 2 Note that the purchaser must report the same cost and acquisition year for the property that was reported by the seller. iii – 3 This procedure (of treating bulk transfers as LOSSES) would not typically be necessary in cases where the same parcel code, formerly assigned to the seller, is also assigned to the buyer. The following reductions in taxable value ARE NOT “Headlee” or “Truth in Taxation” LOSSES and are referred to as Non-Headlee Reductions. i Reductions caused by a reduction in the personal property multipliers from one year to the next. ii Reductions caused by applying the Idle and Obsolete or Surplus equipment multiplier of .40. (Please see pages 5 and 6 of STC Bulletin 12 of 1999 regarding the Idle and Obsolete or Surplus Equipment multiplier.) iii Used personal property moved to another location in the same township or city may be treated as a NonHeadlee Reduction, but only if fully supported by audit. 6. ADDITIONS and LOSSES are calculated separately for each section of the personal property statement AND for each acquisition year within each section. 7. Assets Reported on Section G of the Personal Property Statement (STC Form 632, formerly L-4175) must be separately analyzed to determine whether changes in taxable value from one year to the next are ADDITIONS and/or LOSSES. 8. Section H is a separate section for the reporting of assessable tooling. The costs reported on the top line of Section H are ADDITIONS. All cost reductions on the rest of the table are LOSSES. All increases on the rest of the table are Non-Headlee Increases (NOT ADDITIONS). Any departure from this guideline must be supported by an audit. 9. Assets reported on Section I of the Personal Property Statement must be individually analyzed to determine whether changes in taxable value from one year to the next are ADDITIONS and/or LOSSES. 10. The STC procedures for reporting Construction in Progress (CIP), as outlined on the 2003 Personal Property Statement, state that property that was reported as Construction in Progress last year and was placed in service on or before December 31, 2002, should be entirely reported on the 2002 acquisition line. That being the case, it is necessary to reduce the ADDITIONS on the 2002 acquisition line of the 2003 personal property statement by the amount of CIP reported on the prior year’s statement. (This assumes that CIP does not extend over more than one year.) This procedure is necessary because the CIP is contained as ADDITIONS in the prior year’s taxable value, and it is also fully reported as ADDITIONS on the 2002 acquisition line of the 2003 statement. Unless the adjustment is made, the result would be an overstatement of ADDITIONS. 11. MCL 211.22 authorizes an assessor to estimate an assessment under certain circumstances. This is frequently the case when a property owner fails to file a personal property statement as required by law. An estimated assessment is based on the amount that the assessor considers reasonable and just. If an assessor has estimated a taxpayer’s assessment for personal property in the current year, or has estimated a taxpayer’s assessment in the year immediately preceding the current year, or has estimated a taxpayer’s assessment in both the current year and in the year immediately preceding the current year, the following procedures shall apply: a. If the assessor’s current year assessment incorporates an increase for additional personal property reasonably estimated to have been placed at that property location, an increase in Taxable Value attributable to the additional personal property is ADDITIONS in the calculation of millage rollbacks. If, after the close of the March Board of Review, a legal determination by the Michigan Tax Tribunal, or by another legally sufficient source, indicates that the estimate made by the assessor resulted in ADDITIONS that were greater than should have been applied, the reduction entered for Headlee and Truth in Taxation millage rollbacks is considered to be LOSSES for the following year’s rollback calculations. b. If the assessor’s current year assessment incorporates a decrease for personal property that was reasonably estimated to have been removed from that property location, the decrease in Taxable Value attributable to the removed personal property is LOSSES for the calculation of millage rollbacks. If, after the close of the March Board of Review, a legal determination is received from the Michigan Tax Tribunal, or from another legally sufficient source, which indicates that the estimate made by the assessor resulted in LOSSES that were greater than should have been applied, the increase entered for Headlee and Truth in Taxation millage rollbacks is considered to be ADDITIONS for the following year’s rollback calculations. 12. A reduction in the value of personal property assessed in the jurisdiction the previous year, due to the placement of the property on idle and/or obsolete or surplus property status, as defined in Form 2698, is a nonHeadlee reduction (not LOSSES) for the calculation of millage rollbacks. An increase in the value of personal property assessed in the jurisdiction the previous year, due to the removal of the property from idle and/or obsolete or surplus property status, as defined in Form 2698, is a non-Headlee increase (not ADDITIONS) for the calculation of millage rollbacks. 12. continued: Idle and obsolete or surplus personal property may qualify as "move-ins", if it was not assessed in the jurisdiction the previous assessment year. Due to the limited number of instances where this situation arises, the State Tax Commission has not provided for this possibility on Form 3966 (the “move-in” form). Instead, if a taxpayer has idle and/or obsolete or surplus property that also meets the definition of being a "move-in", the taxpayer should so indicate prominently on the Form 2698 (the idle and obsolete or surplus property form). If the taxpayer also has items of "idle and/or obsolete or surplus property" which are not "move-ins", the taxpayer should complete two Forms 2698 (one for each circumstance) and indicate prominently on both that there are two Forms 2698 attached to the Form 632 (formerly L4175). 13. The staff of the Property Tax Division will be developing a spreadsheet program that will be placed on a future update of the CD produced by the State Tax Commission and the Treasury Department. Staff will also be developing a form for use in 2004 for manually calculating the rollbacks. This form will be placed on the Treasury Department Web site accessed at www.michigan.gov/treasury. When you reach the site, click on Forms. 632 PERSONAL PROPERTY SECTION A Including Furniture and Fixtures County: Unit: A B C D E Acq. Yr. 2003 2004 2004 A-(B-C) Previous Report Report Move-Ins If Greater Year's than Zero, Multiplier otherwise (2003) Zero 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 Prior Subtotals Check 0.91 0.80 0.69 0.61 0.53 0.47 0.42 0.37 0.33 0.29 0.27 0.24 0.22 0.19 0.12 F G H Headlee Current Headlee Losses Year's Additions (D x E) Multiplier (C X G) 0.91 0.80 0.69 0.61 0.53 0.47 0.42 0.37 0.33 0.29 0.27 0.24 0.22 0.19 0.12 0.12 Parcel ID: I A-D J Depr. Mult. K NonHeadlee Reduction (I X J) L 2004 TCV M 2003 TCV 0.11 0.11 0.08 0.08 0.06 0.05 0.05 0.04 0.04 0.02 0.03 0.02 0.03 0.07 0.00 0 N O NonNonHeadlee Headlee Cost Increases B-(A+C) (N X G) If Greater than Zero New, Loss, Adjustment, Losses, and Additions Scenarios and Problems with Answers 2004 For the purpose of these examples, unless otherwise stated, the following data apply There are no Transfers of Ownership. IRM = Inflation Rate Multiplier IRM for 2002 capped value is 1.032. IRM for 2003 capped value is 1.015. IRM for 2004 capped value is 1.023. AV = assessed value (tentative SEV) SEV = state equalized value CV = capped value TV = taxable value Tentative Equalization Factors for the Agricultural, Commercial, Industrial, Timber – Cut Over, Developmental, and Personal Property classifications are1.00000. For Residential the factor is 1.05264 (the assessor makes appropriate adjustments to achieve a Final Equalization Factor of 1.00000). Show the 2002 AV, 2002 TV, 2003 AV, 2003 TV, and L-4021 figures for each of the following examples: Basic Formulas: Capped Value = (Previous TV – Losses) X Lesser of IRM or 1.05 + Additions Taxable Value = Lessor of Capped Value or State Equalized Value Generally, Capped Value Losses = TCV of Loss for prior year X (Prior TV of Loss Prior TCV of Loss) Plus Adjustment Equalization study indicates average residential classification assessment ratio for unit is 47.50. Unfortunately, the assessor uniformly increases all assessments by factoring the assessment roll. The previous assessment is $45,000; the previous taxable value is $30,425. 1 2003 AV = 45,000 X 1.05264 = 47,369 2003 Capped Value = 30,425 X 1.015 = 30,881 Equalization Plus Adjustment = 45,000 X 0.05264 = 2,369 2002 2003 AV 45,000 47,369 CV 30,425 30,881 TV 30,425 30,881 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 2,369 0 0 0 0 N/A N/A N/A 0 N/A 0 1 Absent a ‘transfer of ownership’, the current taxable value is the lessor of the current ‘capped value’ and the current ‘state equalized value’. In the year following a ‘transfer of ownership’, the current taxable value is the same as the current ‘state equalized value’. Note that this problem says unfortunately, the assessor uniformly increases all assessments by factoring the assessment roll. The State Tax Commission does not recommend the factoring of the assessment roll. This act magnifies any inequity that exists in the assessment roll and does not take into account the different market factors that affect properties. Waterfront properties do not normally change in value at the same rate as non-waterfront properties. Older or poorly kept properties do not change at the same rate as newer or wellmaintained properties. Note that the equalization plus adjustment does not equal the capped value increase. The capped value calculation is strictly a mathematical equation and the result of the equation is compared to the state equalized value to determine the taxable value (lower of the CV or the SEV). Also note that at this point in the process, only the tentative SEV is known. If the County or the State adds or reduces value during County or State Equalization, the taxable value determined by the assessor and March Board of Review may need to be changed. 1 A new manufacturing plant is built in the township increasing the demand for employees by a significant number. The sales used in the equalization study recognize the upward pressure for housing as a result of the new plant. No physical change has been made to the following property. Previous assessed value is $45,000 and the current assessed value is $50,000. The previous taxable value is $31,629. 2 Equalization Plus Adjustment = 50,000 – 45,000 = 5,000 2003 Capped Value = 31,629 X 1.015 = 32,103 2002 2003 AV 45,000 50,000 CV 31,629 32,103 TV 31,629 32,103 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 5,000 0 0 0 0 N/A N/A N/A 0 N/A 0 2 A new freeway is built near a neighborhood improving access and increasing the desirability of the homes in that area. Previous assessed value is $65,000 and current assessed value is $75,000. The previous taxable value is $65,000. No other changes to the property are evident. 3 2003 Equalization Plus Adjustment = 75,000 – 65,000 = 10,000 2003 Capped Value = 65,000 X 1.015 = 65,975 2002 2003 AV 65,000 75,000 CV 65,000 65,975 TV 65,000 65,975 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 10,000 0 0 0 0 N/A N/A N/A 0 N/A 0 3 The 2002 equalization study indicates an assessment ratio of 40.00%. What does the assessor need to do in 2003 to assess a property worth $150,000 that was assessed in 2002 at 40% of TCV? The 2002 taxable value was $40,000. The assessor brings the assessment up to 50% for 2003 (assume no increase in true cash value and no physical changes to this property). 4 2002 AV (BOR) = 150,000 TCV X 0.40 = 60,000 2003 AV (BOR) = 150,000 TCV X 0.50 = 75,000 2003 Equalization Plus Adjustment = 75,000 – 60,000 = 15,000 2003 Capped Value = 40,000 X 1.015 = 40,600 2002 2003 AV 60,000 75,000 CV 40,000 40,600 TV 40,000 40,600 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 15,000 0 0 0 0 N/A N/A N/A 0 N/A 0 4 The local school system retired a large bond and the millage within that district dropped from 45 mills to 38 mills two years ago. The equalization study indicates properties in this school system command 10% more than in neighboring school districts within the same township and recognizes this increase in value in the starting ratio. The assessor increased the assessment from $75,000 to $90,000. There were no physical changes to the property. The previous taxable value is $68,420. 5 2003 Equalization Plus Adjustment = 90,000 – 75,000 = 15,000 2003 Capped Value = 68,420 X 1.015 = 69,446 2002 2003 AV 75,000 90,000 CV 68,420 69,446 TV 68,420 69,446 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 15,000 0 0 0 0 N/A N/A N/A 0 N/A 0 5 Three sections of land were changed from single family residential zoning to multi-family zoning. The equalization department conducted a study and concluded that the land value increased from $5,000 per acre to $20,000 per acre. A five-acre parcel in that area was assessed for $12,500. The assessor updated the assessment to $50,000. The previous taxable value is $7,000. 6 2003 Equalization Plus Adjustment = 50,000 – 12,500 = 37,500 2003 Capped Value = 7,000 X 1.015 = 7,105 2002 2003 AV 12,500 50,000 CV 7,000 7,105 TV 7,000 7,105 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 37,500 0 0 0 0 N/A N/A N/A 0 N/A 0 6 Five similar properties on Second Avenue are assessed at $30,000. A sixth property with the same characteristics was assessed for $25,000. The assessor increased the assessment of this property by $5,000 to equal the assessments reported for the other similar properties. The previous taxable value is $24,500. 7 2003 Equalization Plus Adjustment = 30,000 – 25,000 = 5,000 2003 Capped Value = 24,500 X 1.015 = 24,867 2002 2003 AV 25,000 30,000 CV 24,500 24,867 TV 24,500 24,867 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 5,000 0 0 0 0 N/A N/A N/A 0 N/A 0 7 The assessor of a fast growing area has made it a practice since 1995 not to value decks and walkways in the assessments. The equalization department has always used a 24-month sales study in this unit. For 2003 the assessor adds the value of the decks and walkways and indicates them as Equalization New, Taxable Value Additions, and Headlee Additions on the Form L-4021. How does the Equalization Department handle this situation? 8 The Equalization Department will change the Form L-4021 by reporting the value attributable to the Equalization New of the decks and walkways as Equalization Plus Adjustment. Note: The amounts reported as Capped Value Addition and as Headlee Additions attributable to the decks and walkways by the assessor are correct because they were never included in the Taxable Value of these properties. This is done because past equalization studies have already included the value of the decks and walkways in the beginning 2003 value. The equalization department will then submit to the State Tax Commission a Form L-4022 with the revisions. These revisions will form the basis of the Form L-4023. For years following the year that decks and walkways are first included in the assessment, newly constructed decks and walkways must be added as Equalization New, as Capped Value Additions, and as Headlee (rollback) Additions. Note: It is the position of the State Tax Commission that the equalization department DOES NOT have the authority to correct a Board of Review’s determination of capped and taxable value. 8 Minus Adjustment The equalization department sales study indicates that the average assessment level in a class is 55.00%. The assessor changes the assessment of a parcel from $65,000 to $58,000 to reflect the results of the study. The previous taxable value is $60,000. 9 2003 Equalization Minus Adjustment = 58,000 – 65,000 = -7,000 2003 Capped Value = 60,000 X 1.015 = 60,900 Note: the tentative SEV is lower than capped value, therefore SEV becomes TV 2002 2003 AV 65,000 58,000 CV 60,000 60,900 TV 60,000 58,000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 -7,000 0 0 0 0 N/A N/A N/A 0 N/A 0 You will note that there was $7,000 equalization minus adjustment however the capped value increased $900. Capped value is always determined strictly by a mathematical formula. The capped value is then compared to the SEV to determine the taxable value. At this point in the process, only the tentative SEV is known. If the County or the State adds or deletes value during County or State Equalization, the taxable value determined by the assessor and March Board of Review may need to be changed. 9 The major employer, a furniture manufacturer, moves its operations out of state. The result is a weakening of the market for residential property that is measured by the sales used in the equalization study. The assessor changes the assessment of a home that was completed five years ago from $75,000 to $60,000. The previous taxable value is $51,226. 10 2003 Equalization Minus Adjustment = 60,000 – 75,000 = -15,000 2003 Capped Value = 51,226 X 1.015 = 51,994 2002 2003 AV 75,000 60,000 CV 51,226 51,994 TV 51,226 51,994 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 -15,000 0 0 0 0 N/A N/A N/A 0 N/A 0 This is an example demonstrating that because there is equalization minus adjustment, it does not follow that there must also be capped value losses or a reduction in the taxable value. The capped value formula is mathematical. The losses or additions resulting from that calculation are independent of equalization adjustment. The resulting capped value is compared to the SEV and taxable value becomes the lessor of the two. 10 The zoning in an area changes from high-density single family zoning to single family zoning requiring 20-acre minimum building sites. Two parcels of land in this area sold. Due to the zoning change, the assessor changes the assessment for a parcel of vacant land in this area from $30,000 to $20,000. The previous taxable value is $25,000. 11 2003 Equalization Minus Adjustment = 20,000 – 30,000 = -10,000 2003 Capped Value = 25,000 X 1.015 = 25,375 Note: the tentative SEV is lower than the capped value, therefore the TV is the tentative SEV. 2002 2003 AV 30,000 20,000 CV 25,000 25,375 TV 25,000 20,000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 -10,000 0 0 0 0 N/A N/A N/A 0 N/A 0 11 The local school district funding is decreasing due to falling enrollment resulting in lower state aide. Class sizes are increased as teachers are released to reduce cost; sports and other extra curricular activities are eliminated; and bus routes are extended. Demand for homes in this school district decreases as problems continue to build. The equalization study includes a representative sample of parcels in this area. The assessor reduces the assessment of a home $4,500 (no physical change to the property). The previous assessed value is $50,000 with a previous taxable value of $40,000. 12 2003 Equalization Minus Adjustment = 45,500 – 50,000 = -4,500 2003 Capped Value = 40,000 X 1.015 = 40,600 2002 2003 AV 50,000 45,500 CV 40,000 40,600 TV 40,000 40,600 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 -4,500 0 0 0 0 N/A N/A N/A 0 N/A 0 12 The assessor values vacant ten-acre parcels at $20,000 TCV each. During a review of the assessment roll the assessor discovers a ten-acre parcel valued at $25,000 TCV. After checking for differences, it is determined that this parcel should also be valued at $20,000 TCV. The assessment is lowered from $12,500 to $10,000. The previous taxable value is $11,225. 13 2003 Equalization Minus Adjustment = 10,000 – 12,500 = -2,500 2003 Capped Value = 11,225 X 1.015 = 11,393 Note: the tentative SEV is lower than the capped value, therefore the TV is the tentative SEV. 2002 2003 AV 12,500 10,000 CV 11,225 11,393 TV 11,225 10,000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 -2,500 0 0 0 0 N/A N/A N/A 0 N/A 0 13 Equalization New The owner of a forty-acre parcel requested the assessor create four equal two-acre parcels and leave the remaining thirty-two acres in a fifth parcel. The assessor complies and follows State Tax Commission instruction by retiring the original parcel number and creating five new (Child) parcels. There is no transfer of ownership. The original parcel was assessed in 2002 at $40,000 ($80,000 TCV or $2,000/acre). All of the land in this parcel was similar in value for 2002 and was valued at $2,000 per acre TCV. The new twoacre parcels are assessed at $10,000 (i.e. $5,000/acre) each in 2003 and the thirty-two acre parcel is assessed at $32,000 (i.e. $1,000/acre) in 2003. The previous taxable value is $35,000. 13 2003 Equalization Loss is the entire original parcel 2003 Headlee Losses – None, there was no physical change to the property. Parent Parcel 2003 2002 0 40,000 AV N/A 35,000 CV 0 35,000 TV For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 40,000 0 0 0 N/A N/A N/A 0 N/A 0 Note that there are no physical changes to this property. Since the 2003 SEV will be zero, which causes the 2003 TV to become zero, the 2003 capped value of $35,525 will be muted. 13 STC bulletin 14 of 1996 on page 3 says “For example description splits, platting of subdivision, and combination of descriptions create new parcels which do not have a taxable value for the prior year. The assessor must determine the taxable value for the prior year for the newly created parcels.” This means that for splits, the assessor must allocate the parent parcel’s taxable value for the immediately preceding year to each child parcel. For the 2003 capped value formula, the allocated amount becomes the child parcel’s 2002 taxable value. 14 Please note that for the 2003 capped value formula, it is not proper to assign zero to prior year’s taxable value and call the allocated amount a capped value addition. This improper practice would often result in the capped value addition also being treated as additions for rollback purposes. STC Bulletin 18 of 1995, Heading 5a states “Platting, splits, combinations, and class changes are categorized as equalization New and Loss but are NOT Additions and Losses for Capped Value, “Headlee”, and Truth in Taxation calculations.” 14 The Child Parcels are: 14a 2003 AV (BOR) = 5,000 X 2 acres = 10,000 2002 TV = 35,000 X (4,000 ÷ 80,000) = 1,750 Note: The allocation of the prior year’s taxable value is based on the ratio of the prior year’s TCV of the child parcel to the prior year’s TCV of the entire parent parcel. The 2002 TCV was $2,000/acre or $2,000 X 2 acres = $4,000 allocated TCV. $2,000 X 40 = $80,000 total TCV 2003 Capped Value = (1,750 – 0) X 1.015 + 0 = 1,776 AV 2002 0 2003 10,000 CV 0 1,776 TV 0 1,776 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 10,000 0 N/A 0 0 N/A N/A 0 N/A 0 Child Parcels 14b through 14d are the same as 14a above 14 14e 2003 AV (BOR) = 1,000 X 32 acres = 32,000 2002 TV = 35,000 X (64,000 80,000) = 28,000 2003 CV = (28,000 – 0) X 1.015 + 0 = 28,420 2002 2003 AV 0 32,000 CV 0 28,420 TV 0 28,420 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 32.000 0 0 0 N/A N/A N/A 0 N/A 0 Note: Since there was no transfer of ownership involved, the total taxable value of the child parcels must equal the parent parcel taxable value, adjusted by the IRM. (Assuming no changes or additions) Proof: Previous TV X IRM = 35,000 X 1.015 = 35,525 Current TV = (1,776 X 4) + 28,420 = 35,524 (difference due to rounding, taxable values must be rounded down) 14 The assessor made a complete review of the agricultural classification. During the review process the assessor determines that the highest and best use for a parcel of land is for recreational use. The assessor changes the classification from Agricultural to Residential. The previous assessment was $25,000 and the new assessment is $30,000. The previous taxable value is $20,000. 15 2003 Equalization Loss = 25,000 (the 2002 AV (BOR) value of the Agricultural Class) 2003 Capped Value = 20,000 X 1.015 = 20,300 2003 Equalization New = 30,000 (50% of the true cash value as a Residential use property. 2002 2003 AV 25,000 30,000 CV 20,000 20,300 TV 20,000 20,300 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 25,000 (ag) 0 30,000 (res) 0 0 0 N/A N/A N/A 0 N/A 0 15 There are no Headlee Losses or Additions because there was no physical change in the property. There are no Capped Value Losses. Recall that a ‘transfer of ownership’ does not, itself, result in capped value additions or Headlee additions. However, it must result in an uncapping of the following year’s taxable value. The Equalization Loss occurs in the Agricultural Classification, appears on Form L-4021 (606), and is carried through to Forms L-4022 (607) and L-4023 (2164). The Equalization New applies to the Residential Classification, appears on Form L-4021, and is carried through to Forms L-4022 and L-4023. 15 Last year’s (2002) March Board of Review granted a 40% partial poverty exemption. The 2002 assessed value was reduced from $50,000 to $30,000 and the taxable value was reduced from $40,000 to $24,000. Assume the assessed value is the same as the SEV in 2002 and 2003. 16 2002 AV = 30,000 2002 TV = 24,000 2002 Equalization Loss = 20,000 (due to exemption) 2002 Headlee Losses = 16,000 (due to exemption) Assume the assessments increased by 6% in 2003 due to market value increases. Calculate the assessed value, capped value, and tentative taxable value for 2003. 16 2003 AV and SEV = 2003 CV Additions = 50,000 X 1.06 = 53,000 (40,000 X 1.015) – (24,000 X 1.015) = 40,600 – 24,360 = 16,240 2003 CV = (24,000 – 0) X 1.015 + 16,240 = 40,600 2003 TV = 40,600 (prior to reductions for 2003) 16 16a. Last year’s (2002) Board of Review granted a 100% poverty exemption. The 2002 assessed value was reduced from $50,000 to 0 and the taxable value was reduced from $40,000 to 0. Assume the assessed value is the same as the SEV in 2002 and 2003. 16a 2002 AV = 0 2002 TV = 0 2002 Equalization Loss due to exemption is 50,000 2002 Headlee Losses due to exemption is 40,000 Assume assessments increase by 6% in 2003 due to market value increases. Calculate assessed value, capped value and tentative taxable value for 2003. 16a 2003 AV (and SEV) = 50,000 X 1.06 = 53,000 2003 CV Addition = (40,000 X 1.015) – (0 X 1.015) = 40,600 2003 CV = (0 – Losses) X 1.015 + 40,600 2003 TV = 40,600 2003 Equalization New = 53,000 If the 2003 Board of Review again grants a 100% poverty exemption, the 2003 Equalization New = 0 and the 2003 Headlee Additions and Losses = 0. 16a The taxable value of property returning to the roll from an exempt status (in the case of #16 a partial poverty exemption) often is less than the SEV of added value. The capped value addition for property returning to the roll from a poverty exemption is the “taxable value the entire parcel of property would have had if that property had not been exempt, minus the product of the entire parcel’s taxable value in the immediately preceding year and the lessor of 1.05 and the inflation rate.” The assessor is required to maintain a record of ‘what the TV would have been had no exemption been granted’ due to poverty exemptions that may be granted in consecutive years. (See pages 7 and 8 of STC Bulletin 3 of 1995.) 16a A new house was built on property whose 2002 assessment, as vacant land, was $15,000 and a taxable value of $10,000. The assessor adds $40,000 to the 2003 assessment. $39,000 of the increase is New Construction, $1,000 of the increase is Land Value. 17 2003 Equalization Plus Adjustment = 1,000 (land value increase) 2003 Equalization New = 39,000 (new construction) 2003 Capped Value Addition = 39,000 (SEV of Additions) 2003 Capped Value = (10,000 X 1.015) + 39,000 = 49,150 2003 Headlee Additions = 39,000 (new construction) 2002 2003 AV 15,000 55,000 CV 10,000 49,150 TV 10,000 49,150 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 1,000 39,000 0 0 39,000 N/A N/A N/A 0 N/A 39,000 17 The assessor discovers that a property built in 2001 was listed and assessed as having one bathroom while it actually has two bathrooms. Notations on the record card support the omission. Because of the discovery, the assessor adds $1,250 to the 2003 assessment. If the bathroom had been assessed in 2002, its assessed value would have been $1,200. The previous assessment (2002) was $35,000 and its taxable value was $22,500. Assume that market value has increased 4% for the 2003 assessment. 18 2003 Equalization New = 1,250 2003 Capped Value Addition = 1,200 X 1.015 = 1,218 2003 Capped Value = (22,500 – 0) X 1.015 + 1,218 = 24,055 2003 Assessed Value = 35,000 X 1.04 + 1,250 = 37,650 2002 2003 AV 35,000 37,650 CV 22,500 24,055 TV 22,500 24,055 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 1,400 1,250 0 0 1,218 N/A N/A N/A 0 N/A 1,218 18 The property owner built a family room addition on his home. The assessor determines that the addition has added $25,000 true cash value to the property. Before construction the assessed value was $45,000 and the previous taxable value was $38,000. Assume that no value increase is present due to general market factors. 19 2003 Equalization New = 25,000 X 0.50 = 12,500 2003 Capped Value Additions = 12,500 2003 Capped Value = (38,000 X 1.015) + 12,500 = 51,070 2003 AV (BOR) = 45,000 + (25,000 X 50%) = 57,500 2002 2003 AV 45,000 57,500 CV 38,000 51,070 TV 38,000 51,070 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 12,500 0 0 12,500 N/A N/A N/A 0 N/A 12,500 19 A property owner is building a house on his property. The previous tax year the home was 80% complete and the assessment was listed as $100,000, $95,000 taxable value. The house was completed in April of last year. The assessor determined that the amount of assessment represented by completion of the construction is $25,000. Assume that no value increase is present due to general market factors. 20 2003 Equalization New = 25,000 2003 Capped Value Addition = 25,000 2003 Capped Value = (95,000 X 1.015) + 25,000 = 121,425 2002 2003 AV 100,000 125,000 CV 95,000 121,425 TV 95,000 121,425 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 25,000 0 0 25,000 N/A N/A N/A 0 N/A 25,000 20 2003 Equalization New = ((40 Lots X 20,000) X 0.5) – 60,000 = 340,000 2003 Capped Value = 43,072 X 1.015 = 43,718 Note: Since there is no physical change (public improvements not added, yet), there are no CV or Headlee Losses or Additions. 2002 2003 AV 60,000 400,000 CV 43,072 43,718 TV 43,072 43,718 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 340,000 0 0 0 N/A N/A N/A 0 N/A 0 Capped value additions do not result from the platting, splitting, or combining of a parcel of land. There are no Headlee Additions on this property; there were no physical changes. The taxable value is affected only by the capped value formula. 21 This problem illustrates the procedure to follow when there is an increase in value due to platting which does not affect the capped value additions or Headlee Additions plus physical improvements to the site that do affect the capped value additions and Headlee Additions (see STC Bulletin 3 of 1995). 22 A developer has owned a parcel of land classed residential for 5 years. A plat was filed for this 80-acre parcel in early 2002. It includes 200 residential parcels. The developer has installed streets, sidewalks, electric distribution system, water and sewer. Examination of cost data and market data from other recently completed subdivisions causes the assessor to determine that the new improvements add $25,000 in assessed value per lot. Lot values are determined to be $35,000 assessed value each. Remember that there are no splits involved and the assessor values the entire parcel as a single entry on the assessment roll. 22 2002 AV = 60,000 2002 TV = 43,072 Equalization New = (200 Lots X 35,000) – 60,000 = 6,940,000 Capped Value Addition = 200 Lots X 25,000 = 5,000,000 Capped Value = (43,072 – 0) X 1.015 + 5,000,000 = 5,043,718 Headlee Additions = 5,000,000 2002 2003 AV 60,000 7,000,000 CV 43,072 5,043,718 TV 43,072 5,043,718 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 6,940,000 0 0 5,000,000 N/A N/A N/A 0 N/A 5,000,000 22 The assessor discovered a garage that was built in 2001 without benefit of a building permit and was omitted from the 2002 assessment roll. The assessor petitioned the State Tax Commission through MCL 211.154 to add $10,000 to the 2002 assessment and tax roll. The State Tax Commission, on February 11, 2003 issued an order supporting the assessor’s position. Before the action of the State Tax Commission, the 2002 assessed value was $50,000 and the taxable value was $40,000. To simplify the problem, assume that no value increase is present due to general market factors. 23 2002 Revised Assessed Value = 50,000 + 10,000 = 60,000 2002 Revised Taxable Value = 40,000 + 10,000 = 50,000 2003 Equalization New = 10,000 2003 Capped Value = (50,000 - 0) X 1.015 + 0 = 50,750 Final 2002 2003 AV 60,000 60,000 CV 50,000 50,750 TV 50,000 50,750 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 10,000* 0 0 0 N/A N/A N/A 0 N/A 10,000* Note: 2002 BOR value is fixed. The STC order causes a revised tax bill to be calculated and a supplemental bill to be sent to the property owner. The 2003 capped value formula will begin with the revised taxable value. 23 * Although the Final 2002 AV is $60,000, the Form L-4021 shows values for each year as of the close of the March Board of Review. So, the 2002 AV will appear as $50,000, supporting the need for 10,000 Equalization New. Since the current capped value is calculated using the prior year’s final taxable value, there are no CV additions for the 2003-year. However, since the garage value has not previously been included in the rollback calculation, there must be Headlee and Truth in Taxation additions for 2003. Similar procedures are to be followed for changes ordered by the July or December Board of Review and the Michigan Tax Tribunal provided the changes constitute additions such as the missing garage. 23 The owner of an office has filed a Personal Property Statement both for the year 2002 and the year 2003. There were no acquisitions of new property during the year 2002. The costs reported by the taxpayer are identical for both years (as to amount and acquisition year), but in 2002 the property was reported in Section D of form L-4175 and in 2003 the property was reported in Section B. Investigation discloses that the identity of the property has not changed and that Section B is the correct Section for reporting the property. In 2002 the SEV and Taxable value for the property was $26,000. In 2003, the calculated SEV is $31,000. 24 2003 Equalization New = 5,000 2003 CV Addition = 5,000 (see page 8 of STC Bulletin 12 of 1999) 2003 Headlee Additions = 5,000 2002 2003 AV 26,000 31,000 CV 26,000 0 TV 26,000 31,000* For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 5,000 0 N/A 0 N/A N/A N/A 0 N/A 5,000* The incorrect report resulted in omitted property which, in turn, is treated as Headlee Additions. Notice that omitted property is considered a “move-in” (see page 3 of STC Bulletin 19 of 2002). Notice also that the Assessor should file a petition with the State Tax Commission to add omitted property for 2002, pursuant to MCL 211.154. *Note: One could argue that the amount of the addition for Headlee purposes is more than $5,000 because it should be calculated after the current year’s depreciation has been taken. However, the result may be additional precision, which is not warranted by the situation. 24 Same facts as 24 above, except the property has been reported in Section B for the 2003 assessment year arising from the fact that the Assessor directed such reporting in light of a determination from the State Tax Commission that Section B was the correct section for reporting, starting in 2003, rather than Section D. 25 2003 Equalization New = 5,000 2003 Capped Value = No Additions or Losses 2003 CV = (26,000 – 0) X 1.015 + 0 = 26,350 2003 Headlee Additions = No Additions or Losses 2002 2003 AV 26,000 31,000 CV 26,000 26,350 TV 26,000 26,350 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 5,000 0 N/A 0 N/A N/A N/A 0 N/A 0 For Equalization, the practice is to net all assessment changes from one year to the next. As the result, the 5,000 increase in SEV that has occurred is treated as Equalization New. However, since the Assessor’s Investigation discloses that the identity of the property has not changed between 2002 AND 2003, the increase in value for the 2003 year is neither Capped Value additions nor Headless Additions. The increase in value was occasioned by the implementation of a more refined valuation method, not by the appearance of property that was not valued the previous year. 25 Note: this example applies to the vast majority of personal property parcels. Same numbers as 24 above except that the increase in assessment was occasioned by the fact that there were new acquisitions reported on the 2002 acquisition year line, which resulted in the calculation of an SEV of $7,000 attributable to such new property. 26 2003 Equalization New = 5,000 2003 Capped value - No Capped Value calculation should be made*. 2003 Headlee = No Losses, since previously existing property is same as last year (it has merely declined in value), and 7,000 Additions occasioned by the new acquisition, which is treated as a “move-in”. 2002 26,000 2003 31,000 AV CV TV 26,000 31,000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 5,000 N/A N/A N/A N/A 0 N/A 7,000 * No Capped Value calculation should be made because the property that was present in 2002 has reduced in value. Applying the Addition that results from the new acquisition reported on the 2002 line of the personal property statement to the capped value formula (there are no losses) will normally result in a value that is greater than what would result using the assessed value (tentative SEV). See Bulletin 1 of 2000. 26 The equalization department utilized the prior year’s Form L4023 line 8 values as the beginning ratio of 50% for the current year’s Industrial Classification. The improving economy has created a higher demand for factories in the vicinity. The assessor studies the market and determines that the land value has increased from $5,000 per acre to $8,000 per acre. A ten-acre parcel last year was assessed at $25,000. This year the assessor places a $40,000 assessment on it. The previous taxable value is $24,000. 27 2003 Equalization New = 40,000 – 25,000 = 15,000 2003 Capped Value = (24,000 –0) X 1.015 + 0 = 24,360 2002 2003 AV 25,000 40,000 CV 24,000 24,360 TV 24,000 24,360 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 15,000 0 0 0 N/A N/A N/A 0 N/A 0 The Equalization Department study was not a reliable and accurate study and did not measure the increasing market value in this classification therefore the added value is recorded as Equalization New, not Equalization Plus Adjustment (see page 5, paragraph b, of STC Bulletin 13 of 1996). This type of new value is not capped value additions. Since there was no physical change, there are no Headlee Additions for this property. 27 In 2001 lighting struck a barn and caused a fire that completely destroyed it. In 2002 the barn was replaced with a similar building. The assessor’s record indicates that the true cash value of the destroyed barn was $12,000. The replacement barn’s 2003 true cash value is $20,000. Last year the total true cash value was $120,000 and the taxable value was $40,000. (See page 15 of STC Bulletin 3 of 1997 and page 9 of STC Bulletin 3 of 1995). 28 2003 Capped Value Addition of Replacement Construction = 12,000 X (40,000 120,000) X 1.015 = 12,000 X 0.3333 X 1.015 = 4,060 TV of New Construction Value Total Capped Value Addition = (20,000 – 12,000) X 0.50 = 4,000 = 4,000 + 4,060 = 8,060 2003 Capped Value = (40,000 X 1.015) + 8,060 = 48,660 2003 AV (BOR) = 60,000 + (20,000 X 50%) = 70,000 2002 2003 AV 60,000 70,000 CV 40,000 48,660 TV 40,000 48,660 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 10,000 0 0 8,060 N/A N/A N/A 0 N/A 8,060 Note: See 1997 Supplement to Bulletin 3 of 1995, page 9. The replacement cost that is capped is limited to the original value of the destroyed property. Any value over and above the destroyed value is capped value additions. In this example 50% of the value (over and above the replacement construction value) ($20,000 – $12,000 = $8,000) is $4,000. 28 Non-Consideration of Normal Repair, Replacements, and Maintenance A property owner performed certain work in 1990 that qualified for the exemption provided by MCL 211.27(2) known as the Mathiew-Gast Act. The TCV of the exempt improvements is $24,000 as of 12-312002. The property transfers ownership in 2002. The assessor adds $5,000 Equalization Plus Adjustment to the 2003 Assessment Roll indicated by the local market study. The following are listed on the 2002 assessment roll: 2002 AV 2002 CV 2002 TV 65,000 42,250 42,250 29 2003 TCV 164,000 2003 AV 82,000 2003 Equalization New 2003 Headlee Additions 82,000 – 65,000 – 5,000 = 12,000 SEV of previously exempt property (same as Equalization New) 2002 2003 Loss/Losses +/-Adjustment New/Additions AV 65,000 82,000 0 5,000 12,000 CV 42,250 N/A – there was a T of O in 2002, TV = SEV TV 42,250 82,000 N/A N/A N/A For MRF and Truth in Taxation 0 N/A 12,000 Note: 29 Note: MCL 211.29(2) … The increase in value attributable to the items included in subdivisions (a) to (o) that is known to the assessor and excluded from true cash value shall be indicated on the assessment roll. This section applies only to residential property. … The assessor must indicate on the assessment roll or other record (Form 865 formally L-4293) the amount not considered if that value is to be included as Headlee Additions for use in rollback calculations. If the value is not on the assessment roll, the assessor should supply the equalization department with a copy of the original record used to track the non-consideration. It is vital that the assessor keeps accurate records. Note: In the year following a sale, when the value of normal repairs, replacement and maintenance made by the seller returns to the assessment roll, an addition shall be calculated. The amount of the addition shall be 50% of the true cash value of the previously exempt property. This subject is discussed in detail in STC Bulletin 17 of 1995. 29 Equalization Loss The property owner requests his property be split into two forty-acre parcels. The eighty-acre parcel was assessed at $40,000. The assessor retires the parcel number for the eighty-acre parcel and creates two new numbers for the forty-acre parcels. This is the procedure approved by the State Tax Commission. Assume no change in value due to general market factors for this property. The value per acre of a 40-acre parcel is the same rate as eighty-acre parcels. The previous taxable value is $30,000. 30 The original parcel is retired: 2002 2003 AV 40,000 0 CV 30,000 0 TV 30,000 0 For MRF and Truth in Taxation 30a Loss/Losses +/-Adjustment New/Additions 40,000 0 0 0 0 0 N/A N/A N/A 0 N/A 0 Child Parcel – (Child Parcel 30b is treated the same as Child Parcel 30a) 2003 Assessed Value = 2003 Capped Value = 20,000 30,000 X (40,000 80,000) = 15,000 (this is the TV allocated to 2002)* = 15,000 X 1.015 = 15,225 *Note: the allocation of the prior year’s taxable value is based on the ratio of the prior year’s TCV of the Child Parcel to the prior year’s TCV of the Parent Parcel Note: there are no Headlee Losses or Additions – there was no physical change to the property. 30 Child Parcel 30a and 30b are treated in the same manner 2002 2003 AV 0 20,000 CV 0 15,225 TV 15,000 15,225 (allocated) For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 20,000 0 0 0 N/A N/A N/A 0 N/A 0 This change did not involve a transfer of ownership. The sum of the 2002 allocated TVs of the child parcels must equal the parent parcel’s 2002 taxable value. 30 The assessor made a complete review of the classification of properties on the assessment roll. During the review process the assessor determines that the highest and best use as well as the current market for a parcel of land is recreational use and changes the classification from Agricultural to Residential. The previous assessment was $25,000 and the new assessment is $30,000. The previous taxable value is $15,000. 31 2003 Capped Value = 15,000 X 1.015 = 15,225 2002 2003 Loss/Losses +/-Adjustment New/Additions AV 25,000 Ag 30,000 Res 25,000 Ag 0 30,000 Res CV 15,000 15,225 0 0 0 TV 15,000 15.225 N/A N/A N/A For MRF and Truth in Taxation 0 N/A 0 The Agricultural Class incurs a 25,000 Equalization Loss while the Residential Class receives a 30,000 Equalization New. There are no Headlee Losses or Additions because there was no physical change to the property. There are no Capped Value Losses or Additions. The Equalization Loss occurs in the Agricultural Classification and is carried through to forms L-4022 and L4023. The Equalization New applies to the Residential Classification and is carried through to forms L-4022 and L4023. 31 A property owner applies to the township supervisor for a poverty exemption. The supervisor investigates the request and supports the exemption. The March Board of Review concurs and a total exemption is granted. The previous assessed value is $50,000 with a $37,000 taxable value. 32 2002 2003 AV 50,000 0 CV 37,000 0 TV 37,000 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 50,000 0 0 0 0 0 N/A N/A N/A 37,000 N/A 0 32 A property consisting last year of $20,000 assessed value for land and $80,000 assessed value for a house on the land suffers a fire that completely destroys the house. The previous taxable value for the property is $75,000. The land value has not increased since last year. 33 2003 Equalization Loss = 80,000 2003 Capped Value Losses = 160,000 X (75,000 200,000) = 60,000 2003 Capped Value = (75,000 – 60,000) X 1.015 + 0 = 15,225 2003 Headlee Losses = 160,000 X (75,000 200,000) = 60,000 2002 2003 AV 100,000 20,000 CV 75,000 15,225 TV 75,000 15,225 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 80,000 0 0 60,000 0 0 N/A N/A N/A 60,000 N/A 0 33 While reviewing her assessment, a property owner discovers that the storage building built by her neighbor in 2001 has been valued as part of her property in 2002. The property owner appeals to the State Tax Commission under MCL 211.154. The State Tax Commission orders the value removed from the property owner’s assessment and adds the value to the neighbor’s assessment. The assessed value of the storage building in 2002 is $15,000. The original (2002) assessed value of this property is $95,000 with a $75,000 taxable value. This property did not change in value due to general market factors since last year. 34 2002 Revised Taxable Value = 75,000 – 15,000 = 60,000 2002 Final Taxable Value = 60,000 2002 Revised Assessed Value = 95,000 – 15,000 = 80,000 2003 Capped Value = (60,000 – 0) X 1.015 + 0 = 60,900 Equalization Loss is 15,000 Headlee Losses is 15,000 AV CV TV 2002 Revised 2003 95,000 80,000 80,000 75,000 60,000 60,900 75,000 60,000 60,900 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 15,000 0 0 0 0 0 N/A N/A N/A 15,000 N/A 0 The Final 2002 Taxable Value of $60,000 will be used as the starting point in the calculation of the 2003 Capped Value. 34 The owner of an office has filed a Personal Property Statement both for the year 2002 and the year 2003. There were no acquisitions of new property during the year 2002. The costs reported by the taxpayer are identical for both years (as to amount and acquisition year), but in 2002 the property was reported in Section B of Form L-4175 (Form 632) and in 2003 the property was reported in Section D. Investigation discloses that the identity of the property has not changed and that Section D is the correct Section for reporting the property. In 2002 the SEV and Taxable value for the property was $31,000. In 2003, the calculated SEV is $26,000. No “move-in” form has been filed. 35 2003 Equalization Loss = 5,000 2003 Capped Value = No calculation is necessary since previously existing property (property present for the 2002 assessment) has declined in value. 2003 Headlee = No Additions or Losses 2002 31,000 2003 26,000 AV CV TV 31,000 26,000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 5,000 0 0 N/A N/A N/A N/A 0 N/A 0 It is typically not necessary to calculate capped value on personal property, for the reason that, as is true under the facts described above, it declines in value from one year to the next. Since an audit has occurred, which has disclosed that the property reported in Section B in 2002 is the same as the property reported in Section D in 2003, there are no Headlee Losses. 35 Same facts as 34 above, except the property has previously (2002) been correctly reported in Section B and the reporting has been changed to Section D in light of a determination from the State Tax Commission that the property in question should henceforth (for 2003 and thereafter) be reported in Section D. 36 2003 Equalization Loss = 5,000 2003 Capped Value = No calculation is necessary since previously existing property (property present for the 2002 assessment) has declined in value. 2003 Headlee = No Additions or Losses 2002 31,000 2003 26,000 AV CV TV 0 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 5,000 0 0 N/A N/A N/A N/A 0 N/A 0 The result is the same as it would be in the solution to 35 above except that, since there was no incorrect report in 2002, no MCL 211.154 petition can be filed. 36 Same facts as 34 above, except that no audit was conducted and the assessor has no facts to indicate that the property reported in Section B in 2002 was the same as the property reported in Section D in 2003. 37 2003 Equalization Loss = 5,000 2003 Capped =No calculation is necessary since previously existing property (property present for the 2002 assessment) has declined in value. 2003 Headlee = No Additions, but Losses of 5,000. 2002 31,000 2003 26,000 AV CV TV 31,000 26.000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 5,000 0 0 N/A N/A N/A N/A 5,000 N/A 0 37 Non-Consideration of Normal Repair, Replacement, or Maintenance The property owner replaces the heating system in his single-family rental property in 2002. He completes a Form 865 (formerly L-4293) indicating cost figures of $8,500. The Assessor completes a “before replacement” appraisal and an “after replacement” appraisal that indicates a market value difference due to the new heating system of $5,000 (TCV). There is a $6,500 Equalization Plus Adjustment indicated by market studies. The 2003 TCV is $188,000. 2002 AV = 85,000 2002 CV = 60,000 2002 TV = 60,000 38 2003 Equalization Plus Adjustment = 6,500 2003 Equalization Loss = 0 2003 Equalization New = 0 2003 AV = 85,000 + 6,500 = 91,500 2003 CV = (60,000 – 0) X 1.015 + 0 = 60,900 2003 TV = 60,900 2002 2003 AV 85,000 91,500 CV 60,000 60,900 TV 60,000 60,900 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 6,500 0 0 0 0 N/A N/A N/A 0 N/A 0 Note: If the repairs, replacement and/or maintenance were performed in the year immediately preceding the current assessment year, they would not be included in the prior year's assessed value (because they haven't had a chance to be included yet) and an assessment REDUCTION for the exemption from the prior year shall NOT be made. Likewise, there would not be a loss for equalization purposes. (STC Bulletin 17 of 1995) 38 In 2002 a property owner completed a Form 865 (formerly L4293) indicating he has made $18,000 (TCV) worth of qualified repairs and maintenance during the 1998 through 2001 time period. The assessor completes a “before replacement” appraisal and an “after replacement” appraisal that indicates a market value difference due to the qualified items of $8,000 (TCV). Equalization studies indicate that there is a $4,000 increase in value (TCV) due to general market conditions. 2002 AV = 45,000 2002 CV = 38,000 2002 TV = 38,000 39 2003 Equalization Loss = 8,000 X 50% = 4,000 2003 Equalization New = 0 2003 Equalization Plus Adjustment = 4,000 TCV X 50% = 2,000 2003 AV = 45,000 – 4,000 + 2,000 + 0 = 43,000 The amount of the loss in the capped value formula for the current year is calculated as follows: Loss = TCV of the Exempt Portion of the Property in the Prior Year X (Taxable Value of the entire property in the prior year TCV of the entire property in the prior year) 2003 CV Losses = 8,000 X (38,000 90,000) = 3,378 2003 CV = (38,000 – 3,378) X 1.015 + 0 = 35,141 2002 2003 AV 45,000 43,000 CV 38,000 35,141 TV 38,000 35,141 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 4,000 2,000 0 3,378 N/A 0 N/A N/A N/A 3,378 N/A 0 39 Note: If the repairs, replacement and/or maintenance were performed over many years in the past and a first time request for non-consideration is now being made for the current assessment year, an assessment reduction from the prior year shall be made assuming that the value of the exempt items was included in the prior year's assessed value. In this situation there would be a loss for equalization purposes. The amount of the loss is based on the True Cash Value of the exempt items included in the prior year's assessed value. 39 Other Situations and Combinations A number of these problems are supplied for demonstration purposes only. Some actions by the Assessor are contrary to State Tax Commission procedures (such as the failure to retire the parent parcel when that parcel is split or failure to retire original parcel numbers when two or more parcels are combined in an assemblage). While these actions on the part of the Assessor should not occur, Equalization Loss, Adjustment, New, Capped Value Losses and Additions, and Headlee Losses and Additions must still be properly accounted for on Forms L-4021, L-4022, and L-4023. A uniform 20-acre parcel assessed at $2,000 per acre is split and a 5-acre parcel is sold in 2002. The original taxable value of the 20-acre parcel is $15,000. In 2003 the assessor assesses the 15-acre residual parcel at $2,200 per acre and the 5-acre new parcel at $3,500 per acre. Contrary to State Tax Commission advice the assessor did not retire the parent parcel identification number. 40 Parent Parcel: 2002 AV (BOR) = 20 acres X 2,000 = 40,000 2002 TV = 15,000 (given) 2003 AV (BOR) = 15 acres X 2,200 = 33,000 2003 Equalization Loss = 5 acres X 2,000 = 10,000 Note: the Equalization Loss for the split is taken at the previous year’s prorated assessed value. Loss is accounted for on Form L-4023 before Equalization Adjustments. The Equalization New is taken after Equalization Adjustments. The TCV on the form L-4023 is the result of the new assessed value divided by the ratio determined after the Equalization Adjustments are made. 40 2003 Equalization Plus Adjustment = 15 acres X 200 = 3,000 Parent parcel’s 2002 TV allocated to the 2003 CV formula: 2003 allocated TV = 15,000 X (60,000 80,000) = 11,250 2003 Capped Value = (11,250 – 0) X 1.015 + 0 = 11,419 Parent Parcel (and Residual of Parent Parcel) 2002 2003 AV 40,000 33,000 CV 15,000 11,419 (allocated 11,250) TV 15,000 11,419 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 10,000 3,000 0 0 0 0 N/A 0 N/A N/A N/A 0 There are no Headlee Losses on this property, no physical change or exemption occurred. There are no Capped Value losses. 40 Child Parcel: 2003 AV (BOR) = 5 acres X 3,500 = 17,500 2003 Equalization New = 17,500 2003 Capped Value = Does not need to be calculated. Transfer of Ownership means the Taxable Value will equal the SEV. Split Parcel (New Parcel) 2002 2003 AV 0 17,500 CV 0 xxxxxx TV 0 17,500 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 17,500 0 0 0 N/A N/A N/A 0 N/A 0 There are no Headlee Additions to this property. There was no physical change or return from an exemption. 40 Combination without a Transfer of Ownership A farmer has two parcels of adjacent vacant land each 80acres and each with a $120,000 assessed value and a $90,000 taxable value in 2002. He requests that the assessor combine the two parcels for 2003. Contrary to State Tax Commission policy, the assessor combines both parcels under the parcel code number of one of the existing parcels. The assessor does not change the acreage rate between 2002 and 2003. The 160-acre rate is the same as the 80-acre rate. 41 41a. Original Parcel Removed. 2002 AV (BOR) = 120,000 2002 TV = 90,000 2003 AV (BOR) = 120,000 – 120,000 = 0 2003 Equalization Loss = 120,000 2003 Capped Value = N/A, SEV = 0 will become TV 2002 2003 AV 120,000 0 CV 90,000 0 TV 90,000 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 120,000 0 0 0 0 0 N/A N/A N/A 0 N/A 0 Note: There are no Headlee Losses to this property. There was no physical change or exemption granted. 41a 41b Original Parcel plus Combined Parcel 2002 AV (BOR) = 120,000 2002 TV = 90,000 2002 Allocated TV = 90,000 + 90,000 = 180,000 2003 AV (BOR) = 120,000 + 120,000 = 240,000 Equalization New = 120,000 (the parcel 41a combined with parcel 41b) 2003 Capped Value = (180,000 X 1.015) = 182,700 2002 2003 AV 120,000 240,000 CV 90,000 182,700 TV 90,000 182,700 (allocated 180,000) For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 120,000 0 0 0 N/A N/A N/A 0 N/A 0 Note: There are no Headlee Additions to this property. There was no physical change or return from an exempt status. 41b Parcel 42a. 2002 2003 AV 100,000 0 CV 80,000 0 TV 80,000 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 100,000 0 0 0 0 0 N/A N/A N/A 0 N/A 0 Note: There are no Headlee Losses to this property. There was no physical change or exemption granted. 42a Parcel 42b. 2002 2003 AV 19,000 0 CV 17,000 0 TV 17,000 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 19,000 0 0 0 0 0 N/A N/A N/A 0 N/A 0 Note: There are no Headlee Losses to this property. There was no physical change or exemption granted. 42b Parcel 42c. 2003 AV (BOR) = 100,0001 + 5,0002 + 20,0003 = 125,000 2003 Equalization New = 125,000 (parcel did not previously exist) 2003 Capped Value Additions = 0 2003 Capped Value for the non-transferred parcel = = (80,000 –0) X 1.015 + 0 = 81,200 2003 Capped Value total = 81,200 + 20,000 = 101,200 2003 TV of combined parcel = lessor of 2003 SEV or the CV of nontransferred parcel, plus the 2003 SEV of the transferred parcel. 2003 TV = 81,200 + 20,000 = 101,200 1 Parcel 42a 2002 AV The Equalization Adjustment that would have been applied to previous Parcel 42a for 2003 if the parcel was not retired. 3 AV of recently purchased Parcel 42b 2 Parcel 42c. 2002 2003 AV 0 125,000 CV 0 101,200 TV 0 101,200 (97,000)* For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 125,000 0 0 0 N/A N/A N/A 0 N/A 0 *Allocated 80,000 + 17,000 = 97,000 42c To avoid this complexity, some assessors choose to wait a year before combining non-transferred parcels with parcels that experienced a ‘transfer of ownership’. Note: Although Parcel 42c is New and all of the value should be reported as Equalization New the Capped Value Formula must use the 2002 taxable value attributed to the original parcel 42a. The value attributable to parcel 42a does not involve physical change or transfer of ownership items and thus does not incur Capped Value Losses or Additions. For the non-transferred portion of the newly combined parcel, since the 2003 CV is less than the SEV for the nontransferred parcel, the CV becomes the allocated amount toward the 2003 TV. For the portion that experienced a ‘transfer of ownership’, the 2003 SEV becomes the allocated amount toward the 2003 TV. The 2003 TV is the sum of the preceding two allocated amounts. 42c Property moving from taxable status to non-taxable status The Township purchased a privately owned lot and erected a township fire station. The 2002 assessed value of the lot was $20,000 and the taxable value was $18,000. The Township purchased the property in an arms-length transaction during July of 2002 for $50,000 43 2002 2003 AV 20,000 0 CV 18,000 0 TV 18,000 0 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 20,000 0 0 18,000 0 0 N/A N/A N/A 18,000 N/A 0 Note: The Headlee Losses are the previous Taxable Value because the parcel has now been moved to Exempt status. 43 Property moving from tax exempt status to taxable status In 2002, a local Church sold its parsonage. The assessor determined that the true cash value of the house and lot for 2003 is $70,000 ($35,000 SEV) 44 2003 Equalization New = 35,000 2003 Taxable Value is the 2003 SEV 2003 Headlee Addition is the 2003 SEV 2002 2003 AV 0 35,000 CV 0 35,000 TV 0 35,000 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 35,000 0 0 35,000 N/A N/A N/A 0 N/A 35,000 44 BOARD OF REVIEW CHANGES March Board or Review The property owner of a residence constructed in 2001, after review of the assessment records, appeals the assessment to the 2003 March Board of Review. The contention is that the assessor treated a glass-enclosed porch as living space in the assessment. The 2002 assessed value (SEV) is 120,000; the taxable value is 110,000. The March Board of Review instructs the assessor to correct the error. For this example there is no increase in value attributable to general market factors. The 2002 assessed value of the land is $20,000 and of the residence, $100,000. The assessor recalculates the square footage for rates and revalues the residence at $95,000 (SEV) for 2003. 45 2003 AV (BOR) = 95,000 + 20,000 = 115,000 2003 Equalization Loss = 100,000 – 95,000 = 5,000 2003 Capped Value Losses = 10,000 X (110,000 ÷ 240,000) = 4,583 2003 Capped Value = (110,000 – 4,583) X 1.015 + 0 = 106,998 2002 2003 AV 120,000 115,000 CV 110,000 106,998 TV 110,000 106,998 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 5,000 0 0 4,583 0 0 N/A N/A N/A 4,583 N/A 0 Note: The value removed by the 2003 March Board of Review was originally added to the 2002 roll as New and Additions, therefore the value is removed as a Loss for Equalization purposes and as Losses for Capped Value and Headlee purposes. 45 Note: The 2003 March Board of Review does not have the authority to change the 2002 values. The 2003 July and December Board of Reviews do not have the authority to make this correction for 2002 or 2003 because the error is not the result of a clerical error or a mutual mistake of fact as defined by court cases nor is it an exemption matter. 45 A property owner appears before the March Board of Review to appeal his assessment. The 2002 Assessment was $55,000 and the Taxable Value was $40,000. The Assessor increased the 2003 assessment to $60,000 applying Equalization Plus Adjustment of $5,000. The March Board of Review determines that the 2003 assessment should be $52,000 and makes that order. 46 2003 Equalization Plus Adjustment by Assessor = 5,000 2003 Equalization Minus Adjustment by BOR = – 8,000 2003 Capped Value = (40,000 – 0) X 1.015 + 0 = 40,600 2002 2003 AV 55,000 52,000 CV 40,000 40,600 TV 40,000 40,600 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 -3,000 0 0 0 0 N/A N/A N/A 0 N/A 0 Note: There was no physical or exemption change to this property therefore there can be no Equalization Loss or Headlee Losses. The change is reflected as Equalization Adjustment. The difference between the 2002 Assessed Value and the 2003 Assessed Value as adjusted by the March Board of Review is $3,000 (Equalization Minus Adjustment). Note: The Taxable Value in this problem is not affected by the change in assessed value as determined by the March Board of Review. The Capped Value formula must begin with the previous year’s Taxable Value; there are no Capped Value Losses or Additions for this property. 46 The assessor, in a drive by review of properties on December 30, 2002, notices that a new storage building was built on Mr. Smith’s property. The assessor checks his file of building permits and finds none for this property. No one is home during several attempts to speak with Mr. Smith so the assessor measures the storage building and adds $7,500 to the assessment. Mr. Smith’s 2002 assessed (SEV) was $57,500 and the taxable value was $44,600. Assume no general market change for 2003 over 2002. The assessor’s data prior to the March Board of Review indicates the following: 2003 Equalization New = 7,500 2003 Headlee Additions = 7,500 2003 Capped Value = (44,600 – 0) X 1.015 + 7,500 = 52,769 2002 2003 AV 57,500 65,000 CV 44,600 52,769 TV 44,600 52,769 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 7,500 0 0 7,500 N/A N/A N/A 0 N/A 7,500 47 Mr. Smith appears before the 2003 March Board of Review to obtain an explanation of the increase in Taxable Value reported on the Assessment Change Notice he received in February. It is discovered that the storage building the assessor added to his property was actually on the neighbor’s (Mr. Jones) property and that Mr. Jones did have a building permit issued for that construction. It was further discovered that the assessor did not add value to Mr. Jones’ assessment. The assessor’s data for Mr. Jones (pre-March Board of Review) is: Capped Value = (50,000 – 0) X 1.015 + 0 = 50,750 2002 2003 AV 60,000 60,000 CV 50,000 50,750 TV 50,000 50,750 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 0 0 0 0 N/A N/A N/A 0 N/A 0 How does the 2003 March Board of Review make the corrections? 47 The Board makes the correction by changing Mr. Smith’s 2003 AV (BOR) from $65,000 to $57,500 and re-calculates the Capped Value formula: Capped Value = (44,600 – 0) X 1.015 + 0 = 45,269 Mr. Smith’s Property: 2002 2003 AV 57,500 57,500 CV 44,600 45,269 TV 44,600 45.269 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 0 0 0 0 N/A N/A N/A 0 N/A 0 47 Mr. Jones’ Property: 2003 AV (BOR) = 60,000 + 7,500 = 67,500 2003 Equalization New = 7,500 2003 Capped Value Addition = 7,500 2003 Capped Value = (50,000 – 0) X 1.015 + 7,500 = 58,250 2003 Headlee Additions = 7,500 2002 2003 AV 60,000 67,500 CV 50,000 58,250 TV 50,000 58,250 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 7,500 0 0 7,500 N/A N/A N/A 0 N/A 7,500 Note: The 2003 March Board of Review must notify Mr. Jones of the change and allow him an opportunity to appear before the Board. The 2003 Equalization process will continue as normal using the March Board of Review values. 47 BOARD OF REVIEW CHANGES July/December Board of Review A property owner notifies the Township Supervisor and the Assessor that he would like to appeal an error in his assessment to the 2003 December Board of Review. He indicates that he has been studying his assessment record card and discovered that the assessor has charged him with three full bathrooms but he has only two full bathrooms plus a half bath. The difference between a full bath and a half bath is $800 (true cash value). The assessment data used indicates the following: 2002 AV (BOR) = $110,000 2003 AV (BOR) = $115,000 2002 TV = $82,000 2003 TV = $83,230 What action does the December Board of Review take? 48 The December Board of Review indicates that they do not have jurisdiction over this type of error. This is a valuation dispute that should have been brought to the attention of the 2003 March Board of Review. The Board of Review should notify the assessor of the error so that the 2004 assessment can be correctly calculated. A change is not made nor can a change be made for 2003 or any previous year because of this error because the property owner did not bring the matter to the attention of previous March Board of Reviews. Note: The July/December Board of Review’s jurisdiction is limited to: Clerical Errors or Mutual Mistakes of Fact (as defined by previous court cases); Poverty Exemption; Principle Residence (Homestead) Exemption; Qualified Agricultural Exemption. 48 CLERICAL ERROR International Place Apartments v Ypsilanti Township On March 29, 1996 the Michigan Court of Appeals clarified the meaning of the term “clerical error” found in MCL 211.53b which authorizes the correction of a clerical error or mutual mistake of fact by the July and December Boards of Review. The Court of Appeals states that the July and December Boards of review are allowed to correct clerical errors of a typographical or transpositional nature. The July and December Boards of review are NOT allowed to revalue or reappraise property when the reason for the action is that the assessor did not originally consider all relevant information. 48 MUTUAL MISTAKE OF FACT General Products Delaware Corporation vs Township of Leoni; County of Jackson This case was precedent setting as the Tribunal defined “mutual mistake of fact” as follows: “the fact or facts upon which the erroneous belief is based must be an identifiable thing common to both parties’ knowledge and awareness, be within the contemplation of each party, be a ‘basic assumption’ material to the mistake – and that each party arrive at a substantially identical but erroneous conclusion based upon that material fact or set of facts and that the mistaken fact was the primary cause of, and had a ‘material effect’ upon, the over-assessment and excessive tax payment.” 48 In June of 2003, a property owner, after reviewing his property record card, discovers that the assessor transposed the numbers in the square footage of his home built in 2001 on land he purchased earlier that year. The size of the home is 1,475 square feet. The assessor calculated the value based on a size of 1,745 square feet. The true cash value of the house reported in 2002 was $225,000 with a land value of $50,000. The assessor placed a $137,500 assessed value and a $137,500 taxable value on the property in 2002. The assessor determined that the 2003 true cash value (prior to 2003 March Board of Review) is $290,000 (5.5% general rate of increase for real estate in township) with a capped value (taxable value) of $139,562. The 2004 IRM is 1.023. The general rate of increase for real estate for 2004 is 7%. 49 The 2003 July Board of Review indicated that the TCV of the home should have been $200,000 in 2002 instead of $225,000. What can the July Board of Review legally do and how will the assessor make legally permissible corrections? 49 The July Board of Review has the authority to cause the assessor to make the necessary changes to the parcel for 2002 and recalculate the taxable value because there was a transpositional error. The County Treasurer then will issue a refund to the property owner within 30 days. No changes are made to the County or State Equalization numbers for 2002 or 2003 because the equalization process is already finished as of the 2003 July Board of Review. The assessor will take an Equalization Loss for the parcel in 2004 to reflect the order made by the 2003 July Board of Review. 49 Assessor’s calculation before 2003 July Board of Review change: 2002 AV = (225,000 + 50,000) X 50% = 137,500 2002 Taxable Value = SEV (2001 T of O) = 137,500 2001 2002 AV 137,500 CV 0 TV 137,500 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 0 112.500* 0 0 112.500* N/A N/A N/A 0 N/A 112,500* *New Construction only 2003 AV = 137,500 X 1.055 = 145,063 say 145,100 2003 Equalization Adjustment = 145,100 – 137,500 = 7,600 2003 Capped Value = 137,500 X 1.015 = 139,562 2002 2003 AV 137,500 145,100 CV 137,500 139,562 TV 137,500 139,562 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 7,600 0 0 0 0 N/A N/A N/A 0 N/A 0 49 Assessor’s calculations after 2003 July Board of Review changes: 2002 BOR = 100,000 (house) + 25,000 (land) = 125,000 (instead of 137,500) 2002 Taxable Value = 125,000 (SEV) 2003 Equalization Plus Adjustment = (125,000 X 1.055) – 125,000 = 6,900 (rounded) 2003 AV (BOR) = 125,000 + 6,900 = 131,900 2003 Capped Value = 125,000 X 1.015 = 126,875 2002 2003 AV 125,000 131,900 CV N/A 126,875 TV 125,000 126,875 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 0 6,900 0 0 0 0 N/A N/A N/A 0 N/A 0 2004 AV = 131,900 X 1.07 = 141,133 say 141,100 2004 Equalization Loss = 145,100 – 131,900 = 13,200 (reduction by July BOR) 2004 Capped Value = 126,875 X 1.023 = 129,793 2003 2004 AV 145,100 141,100 CV 126,875 129,793 TV 126,875 129,793 For MRF and Truth in Taxation Loss/Losses +/-Adjustment New/Additions 13,200 9,200 0 0 0 0 N/A N/A N/A 12,687* N/A 0 *Reduction in TV for reduction in square footage after May of 2003 is 12,687 (i.e. 139,562 – 126,875) 49 2002 Tax Refund = (137,500 – 125,000) X 2002 Millage Rate 2003 Tax Refund = (139,562 – 126,875) X 2003 Millage Rate 49 STATE TAX COMMISSION AND MICHIGAN TAX TRIBUNAL Changes ordered by either the State Tax Commission or the Michigan Tax Tribunal are treated and calculated in the same manner as those described for the July or December Board of Review.