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HomeMy WebLinkAbout2005-TDES-Residential Exemption Report (draft), November 2005The Residential Exemption Report by the Selectmen's Tax Exemption and Deferral Study Committee November , 2005 Taylor Draft #5 12/13/05 Table of Contents Introduction 1 What is the residential exemption? 2. How does it work? 3. Who benefits from the residential exemption? 4. Who pays? 5.. How is it implemented? 6. The experience of other towns and cities with the residential exemption 7 The pros and cons of adopting the residential exemption 8. Other help available to seniors and moderate income taxpayers 9 Conclusion Appendix A —Number of Homes by Assessments Appendix B — Summary of Interviews with Town Officials 2 Introduction This report discusses the mechanics of the residential exemption authorized by M. G. L. Ch.59 Sec. 5C. Those groups of taxpayers who will benefit and those who will lose from the exemption are identified. The experience of cities and towns which have adopted the exemption will be discussed. Some of the pros and cons of adoption will be identified. 1. What is the Residential Exemption? The residential exemption is a taxation option available to municipalities in Massachusetts that allows a shift in taxes from homes valued below the average residential assessed value to those above the average. Adoption is done by the Board of Selectmen on an annual basis ar.the classification public hearing. Currently eleven municipafitiesin Massachusetts have ado�the residential exemption: Bo��sto��,- Broo , C bridge, Chelsea, Marlboro, N cket, Somerset, Somerville, Tis,,bury, Walam and Watertown. 2. How does it work? A. Finding the average residential value In order to find the average residential value, you determine the total value and the total number of Class One properties. Class One parcels include all single family residences, two and three family houses, apartment buildings and residentially zoned vacant land. As shown on the Assessor's LA- orm, the total Class One value for Fiscal 2005 was $6,275,351,000 and the total number of Class One parcels was 10,570. Thus the average Class One parcel value was $593,695. B. Determining the exemption amount. The law allows an exemption of up to 20% of the average Class One parcel value. A 10% exemption, based on fiscal 2005 values, would be $59,500; a 20% exemption would be $119,000. C. Establishing the number of primary residences. Only principal residences, as used for income tax purposes, are eligible for the exemption. This excludes apartment buildings, rental housing, vacant land, and non -principal residences. - .: The Assessors estimate that there are approximately 9500 principal residences in Lexington. 3 D Calculating the tax rate with exemption With the adoption of a residential exemption, the tax rate for all residential nronerties goes un. In Fiscal 2005, the Class One total value was $6,275,351,000. The tax levy to be raised by Class One was $71,162,480. Therefore, the tax rate for FY 2005 is the quotient of (A) the number of residences and (B) the Class One total value, or $11.34 per thousand. If a residential exemption of 10% were in effect, the Class One total value would have been reduced by the product of (A) the number of principal residences and (B) 10% exemption of the average Class One property, or, 9500 x $59,369, which equals $564,005,500. Therefore, under a 10% residential exemption the FY 2005 tax rate would have been $71,162,480/$5,711,345,450 or $12.45 per thousand. A 20% the residential exemption would have caused the tax rate to go up to $13.83 per thousand. E. Determining the tax with the exemption As shown above, at 10% in FY 2005 the residential exemption would have resulted in a Class One rate of $12.45; a 20% exemption would have resulted in a rate of $13.83. In order to determine the tax under the exemption it is necessary to subtract the exemption amount (at 10% = $59,500; at 20% = $119,000) from the eligible property's assessment and then multiply by the applicable tax rate. The following table illustrates the effect in 2005 of: 1) no exemption; 2) a 10% exemption; 3) a 20% exemption on four assessment levels: Assessment (1) $500,000 (2) $1,000,000 (3) $1,500,000 (3) $2,000,000 Exemption 0% 10% 20% 0% 10% 20% 0% 10% 20% 0% 10% 20% Assessment after exemption 500,000 440,500 381,000 1,000,000 940,500 881,000 1,500,000 1,440,500 1,381,000 2,000,000 1,940,500 1,881,000 4 Tax Rate Tax 11.34 5670 12.45 5484 13.83 5269 11.34 11,340 12.45 11 709 13.83 12,184 11.34 17,010 12.45 17.934 13.83 19,099 11.34 22,680 12.45 24.159 13.83 26,014 With a residential exemption in effect, non -owner occupied apartments, vacant land and non -principal residences would be taxed at the higher rate without the reduced assessment, resulting in a 22% increase in taxes for these properties. 3. Who benefits from the residential exemption? A. How many residences will be affected and how much will the savings be? Anyone whose principal residence is assessed for less than $593,695 661.000 would receive a lower tax bill. According to the Assessors about principal residences out of a total of 10,570 Class One properties would receive reductions of up to $ with a 20% exemption; as-mueh as -up to $ with a 10% exemption. B. Who comprises this group? The main argument for adopting the residential exemption is that it benefits the taxpayer with moderate means, but there is no objective way to prove this. It can be assumed that the principal residences valued under $661.000 in Lexington contain at least three groups: 1) People of limited means such as people with low incomes, handicapped people, elderly living on modest retirement or savings. 2) First time home buyers. A tax cut of $ to $ would help them but the mortgage payment is the real obstacle to ownership of entry level homes. 3) People of ample means. The value of a home does not always correlate with wealth. Some quite wealthy people, elderly for example, choose to live in smaller homes and condominiums. Attempts have been made to correlate income with home value using census data. There is undoubtedly some value in this comparison, but one must remember that income and wealth are not the same thing. People reporting low income may, in fact, be very wealthy This is probably true of many elderly taxpayers in Lexington. The committee believes, however, that there is some correlation between income and home value and that adoption of the residential exemption would benefit many of our moderate -income residents to varying extents. 4. Who pays? According to the Assessors records there are about properties that would face increased taxes if the residential exemption were adopted. These properties consist of: 5 A. Homes with values above the average. People whose homes are valued above $661.000 would see increases if the residential exemption were adopted. There are about such residences owned by three broad categories of people. 1) People with wealth or increasing incomes that can afford expensive houses and for whom higher taxes are not a burden, although they may feel they are overtaxed. 2) Elderly who own large homes and may or may not be wealthy In some cases this group is feeling pressure from higher real estate taxes. 3) People raising families looking for larger homes with more bedrooms. Higher taxes could hurt this group. The range of tax increases for those above $661,000 up to $3,000,000 would be $1 to $5824, or a percentage increase range from 0% to 17%. See Appendix A for a breakdown of the number of houses in each category by increments of $100,000 assessment. B. Apartment dwellers. There are about rental units in Lexington: 661 are in eight apartment complexes and the rest are in single family homes or in the 92 two-family and 14 three-family homes. In the eight major apartment buildings in Lexington there are people over age 65. Many of this group are retired and on a fixed income. Apartment dwellers are often moderate income residents, unable to afford a house or condo, and unable to control costs as rents increase. Since apartments and non -owner occupied two- and three- family homes are excluded from the residential exemption they would receive higher tax bills. (Insert example or create an appendix.) If the owners pass the tax increase on to tenants, rents would increase. In years where there is a glut of rental properties and rents can't be increased there would be pressure on owners to convert to condos. In years where there is a scarcity of rental properties, landlords will pass the tax increases onto the tenants, making the units less affordable. (Town -owned apartments such as Greeley Village are not subject to property tax and would not be affected.) C. Vacant and Underused Residential Parcels. The Planning Board's 2002 Comprehensive Plan identifies about 600 acres of vacant developable land, less than 10% of which is in commercial zones. The Planning Board has identified close to 400 sites on which there is significant potential for building. Thirty-five of the larger private sites that are considered to be most vulnerable to development were studied in detail. These parcels range from the most environmentally fragile ones that should be acquired 6 by the Town to those that can accommodate development, but only with protective controls. The residential exemption would create two essures on vacant land. One would be the incentive to develop the land other would be the incentive to clarify the status of accessory land (si a ots) that are part of a residential parcel but receive their own tax bill as vacant land. The process to consolidate these side lots into one parcel will cost the homeowner between $100 and $500 in Town fees, plus the cost of a survey and registry fees. It will require staff time in both the Building and Planning offices. 5. How is it implemented? There are no state -mandated procedures for first time implementation of the residential exemption. Each town is on its own when it comes to establishing who is entitled to the exemption. Some towns sent out questionnaires requiring submission of evidence of legal residency Others appeared to rely on town census data. But all towns we talked to have a continuing program to update their records. Many assessors cited issues of manpower required to administer the exemption. 6. The experience of other cities and towns with the residential exemption. The committee interviewed either the assessor or another official of most of the cities and towns which have adopted the residential exemption. Currently eleven communities in Massachusetts use the residential exemption: Boston (30%), Brookline (20%), Cambridge (20%), Chelsea (20%), Marlborough (9%), Nantucket (20%), Somerset (10%), Somerville (30%), Tisbury (20%), Waltham (20%), and Watertown (20%). In Nantucket and Tisbury there is a large second home population. Somerset is �anoinIy where the residential exemption creates little shift in property taxes. In the other communities there are large apartment populations. All of these communities adopted the residential exemption in the early 1980's; there have been no communities adopting it in recent years. Weymouth gave it up in 1986 in response to complaints about higher tax bills. A summary of what we learned in our interviews is contained in Appendix B. 7. The pros and cons of adopting the residential exemption. A. Pros a. Adoption of the residential exemption lessens the burden of the real estate tax on the lower valued homes in the community, which in many cases will be occupied by persons of lower income and less wealth. This is a way to make the real estate tax more progressive. B. Cons a. Since the residential exemption shifts the tax burden in the community from the lower priced houses to the more expensive houses, opposition can be expected from owners of higher valued properties. The primary characteristic of almost all cities and towns that have adopted the 7 residential exemption is that they have a substantial amount of rental housing or vacation property In those cities and towns it is readily acknowledged that adoption was a political decision. It let those in power give a break to the homeowners by shifting some of the tax to renters, who in most cases were not aware of it and generally were not politically active, or to absentee owners who did not vote in the community Those situations do not prevail in Lexington, so the decision to adopt the residential exemption can be expected to be controversial, especially with overrides coming every two or three years, an anticipated CPA increase (from which the lower valued houses will have exemptions), and the effect of the state required CIP reverting, b. Rents will increase in Lexington as a result of adoption of the residential exemption. It is impossible to quantify the amount. It will depend on economic conditions to determine how much of their tax increase landlords feel they can pass on to tenants. c. Owners of Class One vacant land will see their taxes increase by up to 21.97%, creating pressure for them to develop the land. d. From our interviews with other assessors, it is clear that adoption will require additional staff in the assessing department. The procedure for implementing the residential exemption requires determining whether a property is a principal residence either by sending out forms or by comparing voting and census records, and examining utility bills and other evidence. And this must be done on an ongoing basis. e. There is some indication that lowered taxes cause a rise in house prices. The amount of taxes figures in the calculation the size of a mortgage a buyer can get. Lower taxes mean a bigger mortgage which lets the prospective buyer pay more. £ The committee was initially concerned that the residential exemption might reduce the so-called "circuit breaker" credit in the Massachusetts income tax law. This credit is available to certain low-income elderly whose real estate taxes (including one-half of water and sewer charges) exceed 10% of their income. It was thought that reducing the real estate tax might cause a partial loss of this credit. We calculated the credit based on several scenarios and it is clear that any slight reduction in the income tax credit is more than offset by the substantial reduction in real estate taxes resulting from the residential exemption. g. Once the residential exemption is adopted it is very hard to go back, since abandoning it will cause a lot of people to have their taxes increased substantially h. It will require an increase in the Overlay Account, at least in the early years after it is adopted. 8. Other help available to seniors and moderate income taxpayers. At present there are a number of statutory real estate tax exemptions available to Massachusetts taxpayers. These exemptions aappiy'o poverty, blindness, disability, age, Gt a 8 veteran status. By way of illustration, here are some of the tax relief provisions currently available to the Lexington elderly- A. lderly A. Tax Deferral. Ch. 59, Sec. 5, Clause 41A. Allows deferral of real estate taxes up to half the value of the house for taxpayer 65 or over with income below approximately $44,000. No asset test. Interest on deferred payments at can now be set by the town. Balance deferred with interest collected when house is sold or on death of taxpayer. B. Tax Exemption. Ch. 59, Sec. 5, Clause 41C. Allows exemption of $750 for taxpayer 65 or older who meets certain asset and income tests C. Voluntary Work Off Program. Ch. 59, Sec.5K. Allows certain taxpayers to do voluntary work for the town in exchange for tax reduction. There are several bills currently in the Legislature to give communities power to liberalize these programs. 9. Conclusion The residential exemption, if adopted by the Selectmen this year, would provide some relief to about homeowners whose primary residences are valued below $ 661.000. About half of the Class One parcels would receive tax reductions of up to $ with a 10% exemption; up to $ with a 20% exemption. On the other hand, about parcels, including primary residences, apartments, vacant land, and non -primary residences would see increases of as much as $ at 10%, as much as $ at 20%. All of the rental units in town would be at risk for rent increases. It is estimated that about % of the people who live in apartments are over age 65. In the long run the adoption of the residential exemption will furnish a respite from tax in es to epf tlyie residents but as.taxes-Continue tolncrease these savings will eve ly b od The adoption of the residential exemption will require additional manpower in the assessors' office. And its rescission in the future would certainly have some political consequences. Finally, there are a number of statutory measures on the books that give tax relief to low income and elderly taxpayers. 9 Appendix A Number of Rouses in Various Assessment Categories 10 Appendix B Summary of Interviews with Town Offieials The effects of the residential exemption, as reported by town assessors offices and town officials are varied: 1. Absentee landlords are penalized. 2. Low priced houses and condos benefit. 3. High priced properties bear more of the town's tax burden under this program. This effect causes more residential in -filling gutless mansionizing. r — •..4: Owner oeoupicd-lower•pricedproperties are encouraged. 5. Property taxes are seen to be more progressive in these towns. 6. Ownership of rental property is less attractive unless the owner lives in town. As long as an owner of rental property lives within the dwelling, a duplex or three family gets exemption if the owner occupies one unit; even a 50 unit apartment qualifies if the owner resides there. 7 Conversion of rental properties to condominiums is encouraged. 8. Higher taxes are passed on to renters. 9 Politically difficult to rescind the program once established because tax payers like seeing the exemption amount on their tax bill. 10. The Assessor's office is burdened significantly by implementing and administrating this program. It takes a year to adopt the program. Post cards are sent to all property owners to explain the program and to urge them to fill out the exemption application. The assessors must check voting lists, etc. After the data base is established the program can be implemented. The Assessor's office must keep track of property transfers, including trusts. (Trusts must include life tenancy for the owner occupier to maintain the exemption.) Assessors develop their own methods of verifying principal residence status. Assessors must continually cross check voting lists and tax bill addresses to prevent fraud. 11