Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
"The estimated amount for which the property should exchange on the date of
valuation between a buyer and a seller acting independently of each other after proper marketing wherein the parties had each acted knowledgeably, prudently and without being under compulsion." As that is drafted in terms of capital values, EVS 1 also gives an equivalent defini- tion of "Market Rent": "The estimated amount for which the property should be leased on the date of valuation between a lessor and a lessee on the terms of the actual or assumed tenancy agreement acting independently of each other after proper marketing wherein the parties had each acted knowledgeably, prudently and without being under compulsion." 3.5. The choice between capital value and Rental Value as the base for valuation and so for tax assessment may reflect a number of factors, including: • Availability of evidence — A market with substantial numbers of sales trans- actions will more readily support capital valuations while another market with much rental evidence will more readily support a rental basis. That will differ between national markets and between sectors — business and residential markets may have different characteristics on this point. For example, when the annual property tax system for England, Wales and Scotland was heavily revised in 1991 a capital value base was adopted for residential taxation but a rental base retained for non-residential taxation. Northern Ireland has moved its domestic rates valuations from a rental to a capital basis; • Whether the tax is more acceptable in the national political culture as a tax on the current use value of the property or the wealth it may represent — The French property wealth tax is, as the name implies, based on capital values though applied to the total value held by the taxpayer, so that the same prop- erty could have a different tax effect according to the other circumstances of the taxpayer; • Whether it is better seen as a tax on occupation or on the services that the property provides to an occupier, or a tax on ownership. European Valuation Standards 2020 IV. - EVIP 2: Valuation and Other Issues for Recurrent Property Taxation 243 These issues pose particular questions for let (or investment) property. Who is to be the liable person, the occupier or the owner? Once known, that will affect the terms of new agreements between them. 3.6. In practice, such issues may often drive separate approaches for residential and non-residential property. 3.7. That analysis reveals again the essential combined influence of policy purpose, political acceptability and practicality. The disproportionate visibility of such property taxes should encourage structures that are easy to assess, accepted as relevant and intelligible to taxpayers. 3.8. Where a full valuation of all affected properties is to be done, it has to be under- taken on a common basis for all properties subject to the charge and at a common date, requiring a range of standard assumptions to be imposed, whatever may be the actual terms of occupation for any individual property. Such potential assump- tions might include: • That the property is as it stands but is assumed to be in good repair — so that poorly kept property does not benefit. Nonetheless, less tax would be due from a property with poor facilities than for an otherwise equivalent property with better facilities; • That it is vacant, so ignoring current occupation arrangements; • That, where relevant, moveable machinery is ignored but the potential of the property for it is recognised. Similarly, a house might be assumed to be unfurnished. 3.9. One question is whether improvements made by the current occupier are to be disregarded or not. 3.10. Where a property is very individual, say a mediaeval college, and the answer is thought inappropriate, then it could be that the value of a hypothetical modern equivalent property serving that same function might be considered instead. 3.11. If a rental basis is to be used for valuation, then standard terms for a lease also need to be assumed — as, for example, identifying whether landlord or tenant is to be liable for repairing and insuring liabilities for the property. This may be stated in the relevant legislation. 244 IV. - EVIP 2: Valuation and Other Issues for Recurrent Property Taxation European Valuation Standards 2020 3.12. With those questions answered, the valuation of many properties will be relatively straightforward where the evidence of transactions from active markets can be readily applied. Many countries maintain registers of land with records of trans- action prices available to those assessing values for taxation. The usefulness of this may depend, especially for more individual properties, on accurate knowledge of the nature and location of the property and any relevant legal considerations. 3.13. However, in any such comprehensive exercise there will always be a significant number of properties for which this will be more difficult: • There may be little relevant evidence — What is the value of a reservoir? Rail- ways, oil rigs and fibre optic networks may need to be valued; • It may be felt that applying current values is inappropriate for domestic polit- ical reasons; • There may be interactions with exemptions or reliefs, as where part of a prop- erty is taxable (say, residential) and part not (because it is an exempt use or subject to a different tax such as one on businesses). 3.14. Where there is no sufficient market evidence, then it may be possible to arrive at a value by other valuation techniques: • The value of many commercial properties may be tackled by working from the income they will yield, applying a capitalisation rate if a capital value is needed or identifying a standard way relevant to the sector in question to move from that to a rent. Yields for this may well vary between areas, sectors and qualities of property; • It may be possible to consider some specialist trading premises on the basis of an agreed relevant fraction of typical profits; • If, as may be the case for some specialist industrial property, neither compar- ison nor income methods appear valid, then it may be necessary to work from a construction cost and then identify an annual equivalent as a Rental Value. 3.15. Other problems can arise where the application of existing law to innovation pro- duces apparently conflicting outcomes. As an example, in Scotland the applica- tion of the same legislation for which plant and machinery should be considered now produces very different valuation outcomes for different types of renewable energy generation, disadvantaging hydro-electric installations in comparison to wind turbines. European Valuation Standards 2020 IV. - EVIP 2: Valuation and Other Issues for Recurrent Property Taxation 245 3.16. Actual Approaches — There is a wide variety of approaches taken under the many different property taxes in EU member states. Overall, it may be that the larger the share of taxation that is raised by the tax, the more it is likely to be based on Market Values, whether capital or rental, albeit that their registers of values may now often be very dated. By contrast, countries that have had to put a system in place swiftly before property markets developed tend to apply standard values or mass appraisal with varying levels of adjustment to measured area. 3.17. Within Market Value-based countries, dwellings will generally be valued using transactions evidence but income methods may be more used for commercial property. Many systems will resort to replacement cost methods to assess values for specialist, often industrial, property. Systems that tax land and buildings sep- arately may use Market Value for land but sometimes a cost-based approach for buildings. 3.18. Land value tax (site value rating) — If the tax base is just the value of land without the buildings on it (bringing undeveloped or vacant land into tax alongside devel- oped land), the valuation requires an assessment of just that so that tax can be raised on the potential of the land at the time of the valuation and so, in principle, encourage land to be moved into its most valuable use. 3.19. A century ago, this was tackled in the United Kingdom by the Valuation Office which was created in 1910 to do just this. The register of property values was com- pleted by 1920 when the proposed tax was abandoned. Land value taxes have been implemented in Denmark, some states in Australia and the United States and parts of the Far East. Estonia, in particular, is understood to tax only land value. 3.20. This assessment may be problematic in countries without detailed land use zoning and more specifically in areas (particularly found in city centres) where there are few comparables for such bare land sales or lettings yet high or very high values may be at stake, of a scale that can affect the overall distribution of the tax charges across the area or economy. Its application can then lead to disruptive questions — for example, what is the position for a three storey dwelling subject to a lease with five years to run when the vacant value of the site might be that for a 30 storey building? Is the resulting charge to be paid by the occupier or the landlord? 246 IV. - EVIP 2: Valuation and Other Issues for Recurrent Property Taxation European Valuation Standards 2020 4. Maintaining the valuation register 4.1. However the valuation is done, the result should be a valuation register as at a common valuation date so all properties are treated equally. With changing markets, that valuation date will soon become historic while properties subject to the tax will change physically or develop new uses and new properties will be created. 4.2. When a new taxable property is created, it will need to be added to the register and given a value. For equity, that should be at the common valuation date for that register. 4.3. Commonly, changes to a property, whether it is extended or part is demolished or it is improved or its use changed, may again be occasions for a revaluation, again at the same common valuation date, so looking backwards rather than at its current value. 4.4. Ordinarily, this is a practical exercise, though ever more retrospective as the val- uation date becomes historic. The register itself and the evidence on which it is based give the official valuer an enormous data base for reference. However, this may be more difficult for properties in sectors with substantial technological change since there may not have been comparable properties at the valuation date — where were data centres 15 years ago? 5. Revaluation 5.1. The pace of change and volatility in the property market and the economy will rapidly make valuations dated with the result that each taxpayer's relative share of the liability may no longer reflect current circumstances. As values move rel- ative to each other over time, with some areas or sectors becoming more or less valuable relative to others, so that distribution of liability for tax will become less appropriate. Keeping that liability in line with current values assists the political credibility of the system as a tax basis. 5.2. That drives a need for regular comprehensive revaluations, the more so for more dynamic economies. However, this can be politically contentious and it is no- ticeable (and noticed by the European Commission) that many registers have European Valuation Standards 2020 IV. - EVIP 2: Valuation and Other Issues for Recurrent Property Taxation 247 not been revalued for some decades, even in systems that presume much more regular revaluations. 5.3. The cost and effort involved will rarely make an annual revaluation appropriate. It could also be likely that a significant number of appeals against the previous val- uation would still be outstanding, complicating the process. 5.4. A continuous, rolling process of re-valuation, in which a fraction of properties is re-assessed each year, might ease the burden of the task but with no common valuation date might not be (or be seen to be) equitable between taxpayers. 5.5. However, as time passes it becomes politically harder to undertake a revaluation. There will inevitably be taxpayers whose liability will change as a result (otherwise there is no point to it) and, with the visibility of property taxes, those who lose will object. With the greater political impact of economic losses, those who gain tend not to provide a counter-balancing force to the objectors. That pressure for inertia is, of itself, a major reason for revaluing at regular and fairly close intervals so that the discrepancies being tackled do not become too great. Delay sees the forces for that inertia accumulate. 5.6. On balance, undertaking revaluations on a cycle of some three to five years may often balance these pressures best. That may also reduce the pressure that can accrue to introduce further reliefs while giving both some certainty and the time for necessary appeals to be completed before the next review. 5.7. Of itself, this process may be one of the political factors setting a limit to how much tax can be raised through an annual recurrent property tax. Without revaluations, some taxpayers will increasingly resist a tax incidence that does not reflect reality. 5.8. EU pressure for revaluation — One of the most clear themes in the EU's approach to property taxation is the need for regular revaluations so that the tax base is assessed on contemporary values. This has been particularly stressed as one component of the economic adjustment programmes for countries needing fi- nancial support. 248 IV. - EVIP 2: Valuation and Other Issues for Recurrent Property Taxation European Valuation Standards 2020 5.9. As examples, the European Council's July 2019 recommendations to member states for the European Semester 2019 advised: • Austria that "there remains scope for shifting the tax mix towards sources that Download 1.74 Mb. Do'stlaringiz bilan baham: |
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