LOADING THE CAPITALIZATION RATE FOR TAXES：加载税收资本化率.doc

Loading the Capitalization Rate for TaxesIn June 2010, the Georgia Legislature passed a Property Tax Reform Bill into law to be effective January 1, 2011 that dealt partially with over-assessed properties based upon ad valorem taxes in the various counties in Georgia. The bill is identified as SB 346. It can be accessed at:/legis/2009_10/versions/sb346_SB_346_APP_9.htmThis law specifically states in Part V, Section 5-1 to 5-3:PART VSECTION 5-1.Said title is further amended in Code Section 48-5-2, relating to definitions, by adding new paragraphs to read as follows:“(.1) Arms length, bona fide sale means a transaction which has occurred in good faith without fraud or deceit carried out by unrelated or unaffiliated parties, as by a willing buyer and a willing seller, each acting in his or her own self-interest, including but not limited to a distress sale, short sale, bank sale, or sale at public auction.”SECTION 5-2.Said title is further amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by revising the introductory language of paragraph (3) preceding subparagraph (A) as follows:“(3) Fair market value of property means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arms length, bona fide sale. The income approach, if data is available, shall be considered in determining the fair market value of income-producing property. Notwithstanding any other provision of this chapter to the contrary, the transaction amount of the most recent arms length, bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available, including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information.”SECTION 5-3.Said Code section is further amended in paragraph (3) by revising subparagraph (B) as follows:“(B) The tax assessor shall apply the following criteria in determining the fair market value of real property:(i) Existing zoning of property;(ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law;(iii) Existing covenants or restrictions in deed dedicating the property to a particular use;(iv) Bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property;(v) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; and(vi) Any other existing factors provided by law or by rule and regulation of the commissioner deemed pertinent in arriving at fair market value.”How does this impact the seller, the buyer and the appraiser? Will sellers and/or their broker use this law as a marketing tool for potentially lowering the property taxes after a sale and therefore increase the potential sales price of income-producing properties? Will the purchasers recognize this potential and actually be willing to take a guaranteed tax reduction into consideration in their purchase price decisions?Many county taxing authorities have been slow to lower tax valuations in todays depressed economy, particularly on commercial, multi-family and industrial properties. While there have been some adjustments, generally commercial properties are valued for tax purposes at more than an “Arms length, bona fide sale” would likely bring.If the appraiser utilizes the existing taxes in estimating the Market Value of an income-producing property and the value conclusion is less than the taxing jurisdictions Fair Market Value estimate, what should the appraiser do? While there are no specific requirements for this special circumstance, the Uniform Standards of Professional Appraisal Practice (USPAP) states in Standards Rule 1-1(b): (b)not commit a substantial error of omission or commission that significantly affects an appraisalSome questions that the appraiser might consider are: Is the difference significant? Would a purchaser and/or seller consider the potential tax savings in their purchase/sale decisions? What is the tax assessor likely to do in the second year after the taxes are reduced to the sales price?Should the appraiser decide an adjustment needs to be made to the appraisers preliminary value opinion for this factor, one way to ascertain the possible enhancement is to use a trial and error system until the estimated tax value for computing taxes and the market value estimate are equal. This is a tedious process.However, there is an easier method by loading the capitalization rate for taxes and capitalizing the net operating income before deducting ad valorem taxes. The result of this formula will accurately calculate the value estimate to equate to the tax value in one step without trial and error.The formula is:Capitalization Rate + (Assessment Ratio x Tax Rate) = Implied Cap Rate Before TaxesThen utilize the Implied Cap Rate on the NOI before deducting Taxes.Lets look at an example and proof of the formulas accuracy. Lets assume a property has a Net Operating Income of $100,000 after deducting vacancy, collection losses and all expenses including ad valorem taxes of $35,000, based upon a tax value of $2,500,000. The Capitalization Rate derived from market analysis has been estimated to be 9.5% for the subject property. Counties in Georgia assess properties at 40%, or .40 (Assessment Ratio) of the assessors Fair Market Value estimate. Assuming the total tax rate for the taxing authorities (City & County) in this case is $35.00 per $1,000 of tax assessment, or 0.035; then the Implied Cap Rate Before Taxes is calculated:Capitalization Rate + (Assessment Ratio x Tax Rate) = Implied Cap Rate Before Taxes0.095 + (.40 x 0.035) = Implied Cap Rate0.095 + 0.014 = 0.1090, or 10.9%The indicated value would therefore be:NOI + Taxes 0.109 = Value with Reduced Taxes$100,000 + $35,000 0.109 = $1,238,532Proof:Value / Sales Price$1,238,532Times Tax Ratiox 40%Tax Assessment$