Item - 2015.AU4.3

Tracking Status

  • City Council adopted this item on November 3, 2015 with amendments.
  • This item was considered by the Audit Committee on October 23, 2015 and adopted without amendment. It will be considered by City Council on November 3, 2015.

AU4.3 - Improving Controls Over Property Tax Assessments and Payment in Lieu of Taxes (PILTs)

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 3 and 4, 2015, adopted the following:

 

1.  City Council request the Director, Revenue Services to develop a process and criteria to review and identify significantly under-valued Payment in Lieu of Tax properties and initiate applications for review when warranted.

 

2.  City Council request the Director, Revenue Services to develop a process and criteria to identify where Payment in Lieu of Tax amounts paid by the government agencies are significantly less than requested amounts, and take steps to invoke the review process when warranted.

 

3.  City Council request the Director, Revenue Services to report annually to Council on Payments in Lieu of Tax amounts which remain unpaid, such report should include agency name, assessment values, number of years outstanding and amounts received, and action taken to address Payment in Lieu of Tax disputes.

 

4.  City Council request the Director, Revenue Services to develop a process and criteria to identify where Payment in Lieu of Tax payments may be deemed unreasonably delayed and request supplementary payments where warranted.

 

5.  City Council request the Director, Revenue Services to automate the process for identifying, analyzing and managing the assessment review process.  At a minimum, automation should include identification of potential properties for appeal: 

 

a.  based on Sales and Current Value Assessment comparisons; and

 

b.  low Current Value Assessment compared to previous year.

 

Consideration should be given to potential benefits of leveraging a case management system such as Integrated Business Management System to track properties under review.

 

6.  City Council request the Director, Revenue Services to review all properties identified during the audit for potential appeal.

 

7.  City Council request the Director, Revenue Services to coordinate with Municipal Property Assessment Corporation on the potential for electronically sharing data, including the status of Municipal Property Assessment Corporation inspections and related assessments on closed building permits between the City and Municipal Property Assessment Corporation.

 

8.  City Council request the Director, Revenue Services to evaluate the potential for reviewing similar non-residential properties in close proximity to recently sold properties which have been appealed by the City.

 

9.  City Council request the Director, Revenue Services to develop a process to periodically review tax exempt properties to determine the appropriate tax status of such properties.

 

10.  City Council request the Director, Revenue Services to follow-up with Municipal Property Assessment Corporation on the status of the properties identified during the audit.  Those properties deemed taxable should be corrected and billed accordingly.

 

11.  City Council request the Director, Revenue Services to evaluate the feasibility of reviewing high value under-assessed residential properties and request Municipal Property Assessment Corporation to review and update for the next roll return when appropriate.

 

12.  City Council request the Director, Revenue Services to develop additional review criteria and a process to ensure Municipal Property Assessment Corporation provided data is adequately reviewed and validated.  At a minimum, the process should include:

 

a.  review of declining assessment values beyond a certain percentage when compared to the previous year;

 

b.  developing exception reports to review and reconcile missing roll numbers or roll number changes from one year to the next; and

 

c.  develop a reporting process with Municipal Property Assessment Corporation where data provided by Municipal Property Assessment Corporation include the rationale for changes to property assessment values and property class.

 

13.  City Council request the Director, Revenue Services to coordinate with Canada Post to evaluate efforts to increase the number of ePost subscribers.  Alternatively, the feasibility of introducing other methods of electronic bill delivery should be evaluated.

 

14.  City Council request the Director, Revenue Services to develop and implement a formal access control and review process.  A review of user access should occur periodically and unauthorized users removed from authorized user lists.

 

15.  City Council request the Director, Revenue Services to investigate the feasibility of eliminating the use of generic user IDs and passwords.  Each user should be provided a unique user ID and password.

 

16.  City Council request the Director, Revenue Services to report to the April 4, 2016 meeting of the Government Management Committee on the status of the implementation of the Audit Committee recommendations.

Background Information (Committee)

(October 3, 2015) Report from the Auditor General - Improving Controls Over Property Tax Assessments and Payment in Lieu of Taxes (PILTs)
https://www.toronto.ca/legdocs/mmis/2015/au/bgrd/backgroundfile-84553.pdf
Presentation materials submitted by the Auditor General
https://www.toronto.ca/legdocs/mmis/2015/au/bgrd/backgroundfile-85032.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council request the Director, Revenue Services to report to the April 4, 2016 meeting of the Government Management Committee on the status of the implementation of the Audit Committee recommendations.


Motion to Adopt Item as Amended (Carried)

AU4.3 - Improving Controls Over Property Tax Assessments and Payment in Lieu of Taxes (PILTs)

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Audit Committee recommends that:

 

1.  City Council request the Director Revenue Services develop a process and criteria to review and identify significantly under-valued Payment in Lieu of Tax properties and initiate applications for review when warranted.

 

2.  City Council request the Director Revenue Services develop a process and criteria to identify where Payment in Lieu of Tax amounts paid by the government agencies are significantly less than requested amounts, and take steps to invoke the review process when warranted.

 

3.  City Council request the Director Revenue Services report annually to Council on Payments in Lieu of Tax amounts which remain unpaid.  Reported information should include agency name, assessment values, number of years outstanding and amounts received, and action taken to address Payment in Lieu of Tax disputes.

 

4.  City Council request the Director Revenue Services develop a process and criteria to identify where Payment in Lieu of Tax payments may be deemed unreasonably delayed and request supplementary payments where warranted.

 

5.  City Council request the Director Revenue Services automate the process for identifying, analyzing and managing the assessment review process.  At a minimum, automation should include identification of potential properties for appeal:

 

a.  Based on Sales and Current Value Assessment comparisons.

 

b.  Low Current Value Assessment compared to previous year.

 

Consideration should be given to potential benefits of leveraging a case management system such as Integrated Business Management System to track properties under review.

 

6.  City Council request the Director Revenue Services review all properties identified during the audit for potential appeal.

 

7.  City Council request the Director Revenue Services to coordinate with Municipal Property Assessment Corporation on the potential for electronically sharing data, including the status of Municipal Property Assessment Corporation inspections and related assessments on closed building permits between the City and Municipal Property Assessment Corporation.

 

8.  City Council request the Director Revenue Services to evaluate the potential for reviewing similar non-residential properties in close proximity to recently sold properties which have been appealed by the City.

 

9.  City Council request the Director Revenue Services to develop a process to periodically review tax exempt properties to determine the appropriate tax status of such properties.

 

10.  City Council request the Director Revenue Services to follow-up with Municipal Property Assessment Corporation on the status of the properties identified during the audit.  Those properties deemed taxable should be corrected and billed accordingly.

 

11.   City Council request the Director Revenue Services to evaluate the feasibility of reviewing high value under-assessed residential properties and request Municipal Property Assessment Corporation to review and update for the next roll return when appropriate.

 

12.  City Council request the Director Revenue Services develop additional review criteria and a process to ensure Municipal Property Assessment Corporation provided data is adequately reviewed and validated.  At a minimum, the process should include:

 

a.  Review of declining assessment values beyond a certain percentage when compared to the previous year.

 

b.  Developing exception reports to review and reconcile missing roll numbers or roll number changes from one year to the next.

 

c.  Develop a reporting process with Municipal Property Assessment Corporation where data provided by Municipal Property Assessment Corporation include the rationale for changes to property assessment values and property class.

 

13.  City Council request the Director Revenue Services to coordinate with Canada Post to evaluate efforts to increase the number of ePost subscribers.  Alternatively, the feasibility of introducing other methods of electronic bill delivery should be evaluated.

 

14.  City Council request the Director Revenue Services develop and implement a formal access control and review process.  A review of user access should occur periodically and unauthorized users removed from authorized user lists.

 

15.  City Council request the Director Revenue Services to investigate the feasibility of eliminating the use of generic user ID's and passwords.  Each user should be provided a unique user ID and password.

Decision Advice and Other Information

Alan Ash, Director, Auditor General's Office, made a presentation to the Audit Committee on this Item.

Origin

(October 3, 2015) Report from the Auditor General

Summary

The Auditor General’s 2014 Audit Work Plan included an audit of Property Tax Billing and Collection processes.  The overall objective of this review was to assess the efficiency and effectiveness of processes in place to bill and collect property taxes.  The review of collections was limited to the collection of Payment in Lieu of Taxes (PILTs) for government properties.

 

Property tax assessments are based on property assessment values provided by the Municipal Property Assessment Corporation (MPAC).  MPAC is legislatively authorized to assess properties in Ontario.  As the single largest municipality, the City of Toronto pays approximately $40 million annually to MPAC for services provided. 

 

Our review did not include an assessment of the quality of services provided by MPAC.  However, based on our review of property tax assessments and the related appeal process, City efforts to coordinate with MPAC should be strengthened.  As well, review and follow-up on services provided by MPAC could be improved.   

 

In 2010, the Ontario Auditor General's review of MPAC operations raised similar concerns regarding valuation of properties, and more recently the Province of Ontario has raised similar concerns.  The Ontario Auditor General's report and Globe and Mail article on MPAC valuations of certain government properties are available at:

 

http://www.auditor.on.ca/en/reports_en/en10/308en10.pdf

 

http://www.theglobeandmail.com/news/national/ontario-aims-to-cash-in-on-toronto-property-assessment-rebates/article26556045/.

 

The report contains 15 recommendations.  The implementation of recommendations contained in this report will improve controls over the administration and review of property assessment data, evaluation and appeal of property assessments, and property tax billing and collection of outstanding payments.

Background Information

(October 3, 2015) Report from the Auditor General - Improving Controls Over Property Tax Assessments and Payment in Lieu of Taxes (PILTs)
https://www.toronto.ca/legdocs/mmis/2015/au/bgrd/backgroundfile-84553.pdf
Presentation materials submitted by the Auditor General
https://www.toronto.ca/legdocs/mmis/2015/au/bgrd/backgroundfile-85032.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Frances Nunziata (Carried)
Source: Toronto City Clerk at www.toronto.ca/council