Quote:
Originally Posted by Keith P.
If I am paying $400K in a hot market for a capped property valued at $250K by PVSC, there is nothing "unfair" about my actions. I know what I am doing in terms of both what I am paying for the property and what the tax bill will be. I decide that it is worth it and do the deal. If I wanted to pay less I would have bought a different property in a different area. Seems perfectly fair to me. Assessed values are by their very nature arbitrary to some extent since PVSC cannot possibly assign values on today's mercurial market values.
You clearly are in the dark about the existing property tax system because it is based on the concept that assessed value = "ability to pay". That is its foundation. Go look it up. And it is an utterly false basis.
You also seem fixated on the meaning of the word "fair". Is it fair to demand payment of a tax bill based on the non-liquid fixed asset's presumed market value when there is no intent to liquidate it? Saying the owner should sell the asset to pay inflated the tax bill surely sounds less than "fair" to me.
Real estate markets are not "fair". House A is meticulously maintained and decorated. House B is run-down and lived in by slobs. Yet House B is valued higher because it is on a more desirable street or in a hotter market. How "fair" is that? Perhaps you would advocate for govt control of property prices to ensure "fairness".
Life is never fair. I want a Mercedes-Benz but my income only allows me to purchase a used Kia. Unfair! Everybody should drive the same kind of vehicle in order to keep things fair. Clearly it is unfair if the good-looking, slick sales guy down the street who has only a grade 11 education makes 5 times as much as I do with my PhD in Women's Studies. Unfair! Surely govt must step in to address this inequity.
How do you measure "ability to pay" in this scenario? You cannot. That is why the cap was instituted in the first place. Sending some pernsioner a bill due in 30 days on a non-liquid asset that they have no intent to liquidate is hardly "fair". Perhaps next you will be advocating for sending the same hapless pensioner an income tax bill on the actuarial total lump-sum liability value of their pension.
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So much of this post is false and misleading that it’s hard to know where to start.
“If I am paying $400K in a hot market for a capped property valued at $250K by PVSC, there is nothing ‘unfair’ about my actions.” I didn’t say or suggest there was anything unfair about your actions. What I said was that your ability to pay and someone else’s inability to pay are irrelevant in determining whether assessments or the cap program are fair and appropriate.
“Assessed values are by their very nature arbitrary to some extent since PVSC cannot possibly assign values on today's mercurial market values...” Assessments are required by law to be valid estimates of market value at a certain fixed date. That does involve an element of judgment because it requires comparison of properties which have sold (i.e., whose values have been determined by the market) to those which have not. But it’s all based on actual data derived from the market. Also, it's worth adding that every assessment is subject to review on as many as four levels of appeal (depending on how far the parties want to take it).
“...since PVSC cannot possibly assign values on today's mercurial market values.” PVSC doesn’t try to do that. It doesn’t assess property in the midst of "mercurial markets”. It values them, again as required by law, based on values on a fixed date in the past (known as the “base date”, which is shown on the assessment notice), using actual market data gathered over a 12-month period. In recent years, the base date has been fixed as January 1 of the preceding year. 2020 assessments were based on the market which existed on January 1, 2019; 2021 assessments will be based on the market of January 1, 2020, and so on.
“the existing property tax system...is based on the concept that assessed value = ‘ability to pay’. That is its foundation. Go look it up.” I don’t want to be rude, but I have to be blunt: that’s 100% nonsense. Assessed value in NS is wholly a matter of statute law, defined in the Assessment Act, and has exactly NOTHING to do with ability to pay. As you would say, go look it up. Start with section 42 of the statute. There are mountains of case law on the topic which will confirm the point too, and it’s easily searchable online. If you’re interested I’d be happy to provide some references to get you started.
“You also seem fixated on the meaning of the word ‘fair’” If I’m “fixated” on fairness, it’s only because the law requires it. It’s an absolutely fundamental requirement of any law, and particularly taxation statutes. Failure of the law to operate and be applied fairly is a basis for challenging how governments apply it - including challenging assessments. People must be treated equally under the law. Wouldn't you agree that that's a good and worthwhile thing?
“Saying the owner should sell the asset to pay inflated the tax bill surely sounds less than "fair" to me.” I didn’t say an owner should sell. I said it’s one obvious option where the value has skyrocketed. Some are more than happy to do it. But if an owner prefers not to sell, as I suggested, there are other approaches to deal with the increased taxes. In my view, simply saying “okay, forget about it - you don’t have to pay” (which is the effect of the cap) is simply ludicrous. It shifts one property owner's tax burden to other taxpayers who should have nothing to do with it. How is that appropriate?
“Life is never fair. I want a Mercedes-Benz but my income only allows me to purchase a used Kia...etc.” That’s true, but it completely misses the point. What happens to people in life either fortuitously, or because of choices they make, or because of the actions of others, is not always “fair”. Life happens. That’s fine. We can’t control that. But your argument confuses the fairness of what happens in life with the fairness of the assessment system, which is what’s relevant. We can control the fairness of the assessment system. But the cap is fundamentally unfair because it doesn’t treat property owners equally.
“How do you measure ‘ability to pay; in this scenario? You cannot.” If you re-read my post, you’ll see that that’s exactly my point. We can’t choose who’s required to pay taxes and who isn’t on the basis of ability to pay. I only addressed it because you raised it. You’re the one who brought up “the pensioner on a fixed income who happens to have a house in a hot area that is now worth a lot more than it was when they were at work, or the fisherman’s widow who lives on a the coast line on a property that is suddenly worth much more but has little income, do not have the ability to pay a tax bill based on uncapped assessments”.
Finally, I’ll ask a third time, because this question describes the very essence of the problem, and yet you seem determined not to answer: how can you possibly justify one owner paying significantly higher taxes than another who owns an identical property next door? And I’ll add, how can you justify that the actual effect of the cap, which can be proved simply by looking at the assessment roll, is to benefit the wealthiest owners of the most valuable properties, when its ostensible purpose was to give tax relief to those who need it most?
The cap is a farce, a joke.