Local Government (Rating) Act 2002 | |
---|---|
New Zealand Parliament | |
Royal assent | 30 March 2002 |
Commenced | 1 July 2003 |
Repeals | |
Rating Powers Act (1988); see Sched 6 Part 1 of the Act for other repeals | |
Amended by | |
2006 | |
Related legislation | |
Rating Valuations Act 1998 | |
Status: Current legislation |
The Local Government (Rating) Act 2002 of New Zealand is an Act of New Zealand's Parliament that empowers Local Government bodies to levy property taxes on property owners within their jurisdictions. These property taxes are called rates. They are assessed annually and usually paid in four equal instalments.
New Zealand no longer has land taxes per se. Formerly, NZ did have land taxes—its first ever direct tax, enacted in 1878, was a land tax (levied at a rate of one halfpenny per pound of unimproved land value). [1] But the contribution of land taxes to the government steadily reduced and by 1967 represented a mere 0.5% of total government revenues. In 1982 it was observed that only 5% of all land was taxed (the rest was exempted under one of an increasing list of exemptions), and so in 1990, land tax was repealed. [2]
Instead, it has property taxes related to land. This might seem like a distinction in search of a meaning, and in simplest terms a property tax is more flexible than a land tax, and can be applied to both land and the improvements on the land. [3]
In New Zealand, as in most countries, residents pay income tax, a Goods and Services Tax, and property taxes (as well as assorted other minor taxes and fees). Although property taxes are the least substantial of these three principal forms of taxation, they are generally held to be the most unpopular. They are possibly the most 'obvious', they are the hardest to structure or minimize, and they apply no matter if resident is wealthy or poor. Being sensitive to the public dislike of property taxes, and a general feeling of alienation and disenfranchisement from the tax setting and policy process, the NZ Government set about a major rewrite of both the legislation defining how local government bodies were managed (the Local Government Act 2002) and the property tax setting process (this Act).
Section 3 of the Act states its purpose in three points:
The powers given to local authorities are indeed broad and flexible (as per the first point) which leads to the constraining second point—rates can only be set and collected after going through a formal process of consultation with the public. The third point makes the process even more transparent—it requires a detailed breakdown of the amount being collected in rates each year so that rate payers know exactly what they are funding.
The Act sets out what types of land can be rated (i.e. taxed), either in full or partially, and what types of land are exempt from local government rates. The Act sets out parameters for how land can be differentiated, and the types of methods and formulas that can be used for assessing rates. It also contains administrative type provisions for how values are calculated and rates are assessed and collected, penalties for late payment, and other special case considerations.
The Act states that all land, unless otherwise excepted, is rateable.
In Schedule 1 to the Act it defines 25 categories of land that are non-rateable and also three categories of land which are rateable at no more than 50% of the regular rate. Non-rateable land is primarily land that is owned by the national or local government, or owned by a charity and available to the public, and some categories of Maori land.
Land that is at least 50% non-rateable is land owned or used by Agricultural and Pastoral Societies as showgrounds, sportgrounds (but not horse or greyhound racetracks) and/or land owned or used by any group for any branch of the arts.
Non-rateable land is still liable to pay rates related to water supply, sewage disposal, and/or refuse collection.
Understanding what comprises a single rating unit is important when rates such as a Uniform Annual General Rate (see below) is imposed on each rating unit. The concept of rating unit is defined in the Rating Valuations Act 1998.
Generally, each separate certificate of title is considered to be its own rating unit. But if multiple certificates of title are owned by the same person or persons, are used jointly as a single unit, and are either contiguous (i.e. next to each other) or separated only by a road or rail line or body of water, then they can be deemed a single rating unit. So, for example, a farmer with land on four different titles, on both sides of a road that goes through the middle of his property, would most likely have his four titles deemed to be a single rating unit.
A second related concept is that of determining a count of Separately Used or Inhabited Parts of a Rating Unit (SUIP). It is possible that one rating unit might have multiple SUIPs on it—for example, a piece of land with three condo/apartments on it. This becomes relevant when general rates such as Uniform Annual General Charges are imposed, not per rating unit, but per SUIP.
The Act defines two main categories of rates: general rates and targeted rates.
A general type of rate is usually adopted when the local authority believes the community as a whole should pay for a service, or where there is no good reason or reason to separate the cost out and fund it specifically. General rates apply to all ratepayers within the local authority's jurisdiction.
A general rate can be either a Uniform Annual General Charge which applies equally to all ratepayers, or a 'value based' rate which is based on some element of the property's value (either its unimproved (land) value, its combined value of land and improvements, or its annual value).
Value based rates can be calculated either on a standard rate per dollar of rateable value, or at different rates for different categories of rating units. The different categories that could be considered are listed in Schedule 2 to the Act.
More than one general rate can be imposed. For example, a ratepayer may be levied a UAGC of $200 plus a differential rate of 0.25% of the total property value.
Targeted rates are sometimes used where a specific service or benefit is being provided unevenly to some ratepayers but not to others. Targeted rates can also be imposed on all ratepayers, with the monies received being earmarked to fund a specific purpose.
An example of a targeted rate might be a 'Central Business District' rate imposed on property in a town's central business district and used to fund specific services in that area.
Another example might be a water rate—possibly a flat fee per rating unit that is connected to a central water service, and/or possibly a fee per cubic metre of water provided. A related rate would be a sewage disposal rate, often calculated on the basis of the number of toilet bowls or urinals present in each rating unit.
Water and sewage rates can have three 'states' associated with them. If a rating unit does not have that service available, then the first state (i.e. no charge) would apply. If a rating unit has the service available, but the service is not being used, then one level of rate might be imposed, and if the service is available and being used, then a second higher level of rate might be imposed.
The Act employs confusing terminology when describing the process for setting targeted rates. It helps to see it as a two step process.
In Schedule 2, it lists a set of matters—these are considerations that determine which rating units will be liable for, and which rating units will not be liable for a particular rate.
In Schedule 3, it lists a set of factors—these are considerations that determine how and what amounts will be payable.
There are nine matters that can be considered, for example, where the land is located, or the use to which the land is put. There are twelve factors that can be used in calculating rates, for example, the area of floor space within any buildings on the land or the value of improvements to the rating unit.
Because they are felt to be regressive in nature, there is a 30% cap on how much of the total rates revenue can be collected from Uniform Annual General Charges and from targeted rates that are set on a uniform basis, except for uniformly targeted rates that apply for water supply or sewage disposal.
The Act requires properties to be valued at least once every three years. The Rating Valuations Act (1998) covers much of this process, and Part 2 of this Act sets out the record keeping requirements of each local government body. Most local bodies have their rating database available online, and are required to have it available for free public inspection at their principal public office or an alternate appropriate location during regular business hours.
Ratepayers can challenge the accuracy of their property valuation or the information held about their property.
The process of setting rates seems deceptively simply in the Act (section 23)—i.e., being set by a resolution of the local authority.
This apparent simplicity is because most of the process is prescribed in section 103 of the Local Government Act 2002. It requires rates to be congruent with the Revenue and Financing Policy in the Long Term Plan, and for each year's rate-setting to be based on the annual plan for the year and its associated Funding Impact Statement. Rate models must be included in the FIS, and if the rate setting process isn't strictly followed, the rates thereby levied may be uncollectable.
The Act allows local authorities to remit all or part of the rates on a rating unit if the local authority has established a formal policy allowing itself to do so.
The act allows local authorities to postpone all or part of the rates on a rating unit, again if there is an existing formal policy allowing such postponement. The policy may set a fee that applies in such cases, but if a fee is applied, it can not exceed the actual administrative and financial costs involved.
These types of waivers need to be formally reviewed at least once every six years by the local authority [4]
There are also income-tested provisions under the Rates Rebate Act (1973) [5] that provides a subsidy to low income homeowners to help them meet the cost of their rates.
The national government's Auditor General audits all local authority annual reports, and several times has prepared specific reports on common issues and concerns that have arisen from its reviews.
After the first year of the new Act's operation, the Auditor General reported in 2005 on some inconsistencies to do with how local authorities could reset rates during a rating year, and how they should handle any rate surpluses collected. [6]
In 2006, the Auditor General reviewed the specific policies relating to postponement of rates. [7]
A formal inquiry, chaired by David Shand and sometimes referred to as the Shand Report, but formally titled 'Funding Local Government' was undertaken in 2006 and reported in 2007. [8] This inquiry noted that in a number of respects, the consultation, planning and accountability practices of local authorities were more advanced than those of central government. [9] Nonetheless, it came up with 96 specific recommendations grouped into eight categories for future improvements.
One of the Report's more surprising recommendations was that local authorities should fund more capital works from debt, which it felt was a fair and appropriate way to fund long-term capital benefits, and which could allow for a 10% reduction of current rates. [9]
In general, very few of the Report's recommendations have been acted on.
In 2014, the Auditor General provided some commentary on their auditing policies and issues uncovered to do with local authority rates. They reported that most local authorities had some problems with rating compliance, and that they uncovered compliance problems with every aspect of the Act's requirements. The report goes on to cite some of the problems uncovered, with the problems generally being failures of procedure or understanding of the Act's requirements, rather than being anything willfully fraudulent. [10]
It is difficult to give accurate time series data for rates revenues, due to the changing nature of local authorities, one-off transactions each year, and the dominating/distortive impact of Auckland. So we are providing some simple headline data here.
Between the period 1993–94 and 2006–2007, rates increased by 38% in real terms, i.e., after adjusting for inflation. [11]
A report commissioned by the Local Government Association shows that real rates per household have increased by almost 50% between 1993 and 2011. [12]
The Department of Internal Affairs published a detailed set of time series and analysis of how rates were imposed in July 2011. [13]
In 2009–10, local authorities collected $2.9 billion in rates receipts, being 53% of total operating revenue of $5.5 billion. [14]
In 2010–11, local authorities rates receipts made up 54% of total operating revenue. [15] This increased still further to 55% of total operating revenue in 2011–12. [16]
Following what seems to be a trend, rates made up 56% of total operating revenue in the 2012–13 year. [17] For the 2013–14 year, although rate revenues increased 4% over the previous year, the percentage of total operating revenue dropped to 54% as a result of some asset revaluations in Auckland. [18] The 2014-15 year showed rates receipts returning to 'normal' trends and totalling 57% of total revenues. [19]
The United States has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates and gifts, as well as various fees. In 2020, taxes collected by federal, state, and local governments amounted to 25.5% of GDP, below the OECD average of 33.5% of GDP.
A land value tax (LVT) is a levy on the value of land without regard to buildings, personal property and other improvements upon it. It is also known as a location value tax, a point valuation tax, a site valuation tax, split rate tax, or a site-value rating.
A property tax is an ad valorem tax on the value of a property.
In Canada, taxation is a prerogative shared between the federal government and the various provincial and territorial legislatures.
Rates are a type of property tax system in the United Kingdom, and in places with systems deriving from the British one, the proceeds of which are used to fund local government. Some other countries have taxes with a more or less comparable role, like France's taxe d'habitation.
An ad valorem tax is a tax whose amount is based on the value of a transaction or of a property. It is typically imposed at the time of a transaction, as in the case of a sales tax or value-added tax (VAT). An ad valorem tax may also be imposed annually, as in the case of a real or personal property tax, or in connection with another significant event. In some countries, a stamp duty is imposed as an ad valorem tax.
In France, taxation is determined by the yearly budget vote by the French Parliament, which determines which kinds of taxes can be levied and which rates can be applied.
Taxes in New Zealand are collected at a national level by the Inland Revenue Department (IRD) on behalf of the New Zealand Government. National taxes are levied on personal and business income, and on the supply of goods and services. Capital gains tax applies in limited situations, such as the sale of some rental properties within 10 years of purchase. Some "gains" such as profits on the sale of patent rights are deemed to be income – income tax does apply to property transactions in certain circumstances, particularly speculation. There are currently no land taxes, but local property taxes (rates) are managed and collected by local authorities. Some goods and services carry a specific tax, referred to as an excise or a duty, such as alcohol excise or gaming duty. These are collected by a range of government agencies such as the New Zealand Customs Service. There is no social security (payroll) tax.
The Valuation Office Agency is a government body in England and Wales. It is an executive agency of His Majesty's Revenue and Customs.
Income taxes are the most significant form of taxation in Australia, and collected by the federal government through the Australian Taxation Office. Australian GST revenue is collected by the Federal government, and then paid to the states under a distribution formula determined by the Commonwealth Grants Commission.
Business rates in England, or non-domestic rates, are a tax on the occupation of non-domestic property. Rates are a property tax with ancient roots that was formerly used to fund local services that was formalised with the Vagabonds Act 1572 and superseded by the Poor Relief Act 1601. The Local Government Finance Act 1988 introduced business rates in England and Wales from 1990, repealing its immediate predecessor, the General Rate Act 1967. The act also introduced business rates in Scotland but as an amendment to the existing system, which had evolved separately to that in the rest of Great Britain. Since the establishment in 1997 of a Welsh Assembly able to pass legislation, the English and Welsh systems have been able to diverge. In 2015, business rates for Wales were devolved.
Taxes provide the most important revenue source for the Government of the People's Republic of China. Tax is a key component of macro-economic policy, and greatly affects China's economic and social development. With the changes made since the 1994 tax reform, China has sought to set up a streamlined tax system geared to a socialist market economy.
Boyer v. Boyer, 113 U.S. 689 (1885), was a suit in error brought in a state court of Pennsylvania for an injunction restraining the commissioners of Schuylkill County, Pennsylvania from levying a county tax for the year 1883 upon certain shares in the Pennsylvania National Bank, an association organized under the National Banking Act. The suit proceeds upon the ground that such levy violates the act of Congress prescribing conditions upon state taxation of national bank shares in this, that "other moneyed capital in the hands of individual citizens" of that county is exempted by the laws of Pennsylvania from such taxation. A demurrer to the bill was sustained and the suit was dismissed. Upon appeal to the Supreme Court of Pennsylvania, that judgment was affirmed on the ground that the laws of the state under which the defendants sought to justify the taxation were not repugnant to the act of Congress.
Taxes in Indiana are almost entirely authorized at the state level, although the revenue is used to fund both local and state level government. The state of Indiana's income comes from four primary tax areas. Most state level income is from a sales tax of 7% and a flat state income tax of 3.23%. The state also collects an additional income tax for the 92 counties. Local governments are funded by a property tax that is the sum of rates set by local boards, but the total rate must be approved by the Indiana General Assembly before it can be imposed. Residential property tax rates are capped at maximum of 1% of property value. Excise tax is the fourth form of taxation and is charged on motor vehicles, alcohol, tobacco, gasoline, and certain other forms of movable property; most of the proceeds are used to fund state and local roads and health programs. The Indiana Department of Revenue collects all taxes and pays them out to the appropriate agencies and municipalities. The Indiana Tax Court deals with all tax disputes issues, but decisions can be appealed to the Indiana Supreme Court.
Most local governments in the United States impose a property tax, also known as a millage rate, as a principal source of revenue. This tax may be imposed on real estate or personal property. The tax is nearly always computed as the fair market value of the property, multiplied by an assessment ratio, multiplied by a tax rate, and is generally an obligation of the owner of the property. Values are determined by local officials, and may be disputed by property owners. For the taxing authority, one advantage of the property tax over the sales tax or income tax is that the revenue always equals the tax levy, unlike the other types of taxes. The property tax typically produces the required revenue for municipalities' tax levies. One disadvantage to the taxpayer is that the tax liability is fixed, while the taxpayer's income is not.
New Zealand has a unitary system of government in which the authority of the central government defines sub-national entities. Local government in New Zealand has only the powers conferred upon it by the New Zealand Parliament. Under the Local Government Act 2002, local authorities are responsible for enabling democratic local decision-making and promoting the social, economic, environmental, and cultural well-being of their communities, as well as more specific functions for which they have delegated authority.
A property tax known as "rates" has been levied in Hong Kong since 1845. The tax applies to all domestic and commercial properties unless exempted, and is based upon the rental value of the property, re-assessed each year. Formerly part of the revenue went to the Urban Council and, from 1986, the Regional Council, but since 2000 the whole amount goes to the Hong Kong Government.
The local property tax (LPT) is annual self-assessed tax charged on the market value of all residential properties in Ireland. It came into effect on 1 July 2013 and is collected by the Revenue Commissioners. The tax is assessed on residential properties. The owner of a property is liable. The revenue raised is used to fund the provision of services by local authorities and includes transfers between local authorities.
Rates are a tax on property in the United Kingdom used to fund local government. Business rates are collected throughout the United Kingdom. Domestic rates are collected in Northern Ireland and were collected in England and Wales before 1990 and in Scotland before 1989.
The property bubble in New Zealand is a major national economic and social issue. Since the early 1990s, house prices in New Zealand have risen considerably faster than incomes, putting increasing pressure on public housing providers as fewer households have access to housing on the private market. The property bubble has produced significant impacts on inequality in New Zealand, which now has one of the highest homelessness rate in the OECD and a record-high waiting list for public housing. Government policies have attempted to address the crisis since 2013, but have produced limited impacts to reduce prices or increase the supply of affordable housing. However, prices started falling in 2022 in response to tightening of mortgage availability and supply increasing. Some areas saw drops as high as around 9% - albeit from very high prices.