The influence of local real estate management policy on community budgets

Similar documents
MASS VALUATION DATA FOR GOVERNMENT, CITIZENS AND BUSINESS

The impact of the INSPIRE Directive on the turnover of ownership of agricultural real estate - case study of Poland

ISSUES OF EFFICIENCY IN PUBLIC REAL ESTATE RESOURCES MANAGEMENT

Overview of real estate transactions in 5 CEE countries

ABSTRACT Land Administration System in Lithuania

Is The Amount of Compensation for Real Estate Expropriation Just? Current State and Proposals for Changes

REFORM OF LAND CADASTRE IN LITHUANIA

Since Poland joined to European Union there has been a reduction in the bureaucracy involved in purchasing real estate.

HOUSING AND PROPERTY MARKET IN LITHUANIA CONTENTS

Land Reform Act. Passed RT 1991, 34, 426 Entry into force

FIG/FAO International Seminar on State and Public Land Management

The Digital Cadastral Database and the Role of the Private Licensed Surveyors in Denmark

Land acquisition for public purpose in Poland on example of public road construction INTRODUCTION

Building Integrated Land Information Systems and Development of NSDI

Surveyors Qualifications

BULGARIAN CADASTRE A GUARANTEE FOR THE OWNERSHIP RIGHTS IN IMMOVABLE PROPERTIES

Fiscal Cadastral Reform and the Implementation of CAMA in Cape Town: financing transformation

The Influence of EU Regulation and European Valuation Standards on Real Estate Valuation

New Developments in the Hellenic Cadastre

THE GOVERNMENT. THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness. No. 84/2007/NĐ-CP. Hanoi, May 25, 2007

Current State of Property. Taxation in the Netherlands. Council for Real Estate Assessment (English) Waarderingskamer (Dutch)

The South Australian Housing Trust Triennial Review to

LAND REGISTRATION SYSTEM OF THE REPUBLIC OF CROATIA

EN Official Journal of the European Union L 320/373

Sub-Degree on the Procedure of Establishing. Cadastral Index Map and Land Register

Superintendent of Real Estate Ministry of Finance Vancouver

HOUSING ISSUES IN NORTHERN ALBERTA. June 1, 2007

Land Improvement Act

Vietnam Land Administration - the Past, Recent and for the Future

International Conference A comprehensive approach to NPL resolution international experiences Collateral valuation an appraisers perspective

Capital Acquisitions Tax Manual PART 11. Agricultural Relief

Establishment of a land market in Ukraine: current state and prospects

Support to Implementation of Multipurpose Cadastral Information system in Vietnam

MODERNIZING ALBERTA S PUBLIC LAND GRAZING FRAMEWORK

Housing. Imagine a Winnipeg...: Alternative Winnipeg Municipal Budget

IAG Conference Accounting Update Emerging issues in the public sector 20 November 2014 Michael Crowe Yannick Maurice

METHODOLOGY GUIDE VALUING LANDS IN TRANSITION IN ONTARIO. Valuation Date: January 1, 2016

Quality Improvement of the Real Estate Cadastre in Serbia

Non-Profit Co-operative Housing: Working to Safeguard Canada s Affordable Housing Stock for Present and Future Generations

CENTRAL GOVERNMENT ACCOUNTING STANDARDS

DECREE GENERAL PROVISIONS

Integrating Electronic Platform (IPE) as a Basic Component of Cadastral System in Poland

Current Law Legislation for Land Consolidation in Turkey

The Multi Purpose Cadastre, a network approach

Valuation of Special Purpose Transportation Properties Dr. Mike Tretheway Chief Economist InterVISTAS Consulting Inc.

Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission.

Real estate transactions in Hungary

SECTOR PUBLIC CADASTRES AND REGISTERS MARKET PARTICIPANTS

On Land Privatisation in Rural Areas

Use of data in Ukraine for sustainable economic growth. Oleksandr Maliuk State Service of Ukraine for Geodesy, Cartography and Cadastre

RENT REVIEWS OF MĀORI RESERVED LANDS. Prepared by Te Puni Kōkiri for the Māori Affairs Committee. 18 May 2011

Monetization/ disposal of Public Land: Framework and action plan for the ULBs. Mohd Taquiddin 1 Ramakrishna Nallathiga 2

New Trends in Leasing Accounting

Outline. Property taxes-general. Tax concept. Property taxes-liabilities. authorizations. Property taxes-authorizations

Opening land market in Ukraine: current policy developments and issues for discussion

Minimum Educational Requirements

Cadastral Template 2003

PROJECT INFORMATION DOCUMENT (PID) APPRAISAL STAGE Report No.: PIDA Project Name. Region Country Sector(s) Theme(s)

PREPARATION FOR LAND CONSOLIDATION IN LITHUANIA. Vilma Daugaliene National Land Service under the Ministry of Agriculture

ROLE OF SOUTH AFRICAN GOVERNMENT IN SOCIAL HOUSING. Section 26 of the Constitution enshrines the right to housing as follows:

Designing for transparency and participation in the Hellenic Cadastral Project

Plan Making and Implementation AICP EXAM REVIEW. February 12-13, 2010 Georgia Tech Student Center

Front Yard Residential Corporation Announces Transformative Acquisition and Reports Second Quarter 2018 Results

Our Proposal. The Proposal

EASEMENTS: Fiscal Impacts to Localities in the. Jackie Rickards Middle Peninsula Planning District Commission July 13, 2011

Ласкаво просимо! Welcome!

Securing Land Rights for Broadband Land Acquisition for Utilities in Sweden

DECISION OF MINISTER OF PUBLIC HOUSING NO. : 11/KPTS/1994 CONCERNING MANUAL FOR TRANSACTION OBLIGATION OF APARTMENT UNIT MINISTER OF PUBLIC HOUSING,

Radical Solutions to the Housing Supply Crisis. Duncan Bowie University of Westminster. SHELTER CYMRU 6 July 2017

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 SESSION LAW HOUSE BILL 436

FIG Commission 3 Spatial Information Management. Report of Activities 2009

The Challenge to Implement International Cadastral Models Case Finland 1

Plan Making and Implementation AICP EXAM REVIEW. February 11-12, 2011 Georgia Tech Student Center

CITY CLERK. Consolidated Clause in Policy and Finance Committee Report 7, which was considered by City Council on July 19, 20, 21 and 26, 2005.

The Assessment Management Agency Act

Land Administration Infrastructures for Sustainable Development

Geoinformation Technologies in Land Management and Beyond: Case of Georgia

Depreciation A QUICK REFERENCE GUIDE FOR ELECTED OFFICIALS AND STAFF

Italian Cadastre and Real Estate Rights and Mortgages Registration System

Kingdom of Cambodia Nation Religion King

XXV FIG CONGRESS KUALA LUMPUR, MALAYSIA, JUNE 2014.

Technology-driven solutions for the innovation of land administration and management

ASSESSMENT OF STATE AGENCIES WITH RESPONSIBILITIES FOR LANDS AND OTHER REAL PROPERTIES

Sub-decree On the Procedure of Establishing of Cadastral Index Map and Land Register

RULES OF GEORGIA REAL ESTATE APPRAISERS BOARD CHAPTER STANDARDS FOR APPRAISAL COURSES TABLE OF CONTENTS

Policy Brief Farmland Conservation and Access Program

Behavioral Impact of the Financing Collection Mechanism on Accessibility:! Two Cases from Chinese Cities

METHODOLOGY GUIDE VALUING CASINOS IN ONTARIO. Valuation Date: January 1, 2016

International Property Tax Institute s Mass Appraisal Valuation Symposium. The new model of the real property tax in the Russian Federation

Nasdaq Copenhagen Nikolaj Plads 6 DK-1067 Copenhagen K Frederikssund, 20 October 2016 COMPANY ANNOUNCEMENT No 39/16

Land Consolidation in EU Rural Development Policies in Lithuania

LAND REFORM IN MALAWI

ACCOUNTING STANDARDS BOARD INTERPRETATION OF THE STANDARDS OF GENERALLY RECOGNISED ACCOUNTING PRACTICE

Creation Land Administration in Formal and Informal Environment. FIG Commission 7 Working Group 1

Special Meeting MINUTES Monday, July 25, 2016 at 11: 15 PM

INVENTORY POLICY For Real Property

Contract-Related Intangible

Selected Evidence of Acquisition and Loss of Property Rights in Regulation of Property Legal Status**

Buying & Selling Your Home a Guide

METHODOLOGY GUIDE VALUING MOTELS IN ONTARIO. Valuation Date: January 1, 2016

Transcription:

Prof. Sabina ŹRÓBEK University of Warmia and Mazury in Olsztyn, Poland zrobek@uwm.edu.pl The influence of local real estate management policy on community budgets 1. Introduction The real estate management system in Poland 2. The tax system in Poland 3. The flows of community income related to real estate 4. Conclusion Possibilities for more effective real estate management Verona 2008

1.The real estate management in Poland 1.1. What is land management? Land management and administration is a multi aspect process and includes such elements as regulating real estate development, land use and protection, deriving income from sale, lease and taxes as well as settling disputes regarding the rights to real estates and the principles of their use. (P. Dale and Mc Laughlin - 1999). Land administration typically involves process that: manage public land, record and register private interests in land, assess land value, determine property tax obligations, define land use and management governance systems, and support the development application and approval process for land use. (T. Burns and K. Dalrymple - 2008)

1.2. The competence of government and local administrative bodies in real estate management Minister of Infrastructure Minister of Infrastructure National Real Estate Board Advisory body TYPES OF PROPERTY Communal 3,8% County 0,1% Provincial 0,1% National 38% Private 58% DECISION MAKING AND CONTROLLING BODIES Commune Commune council council County council County council Provincial Provincial council council Province Province governor governor Owner Owner EXECUTIVE BODIES Head of Head of commune, mayor commune, mayor County County executive executive board board Province Province executive executive board board County head County head CHAIRMAN OF THE EXECUTIVE BOARD County head County head Province marshal Province marshal Own and external Own and external Own and external Own and external Own and external Own and external Government administration Government administration

2.The tax system in Poland 2.1. The structure of taxes and charges on real estate categorised by beneficiares Revenue of the state Revenue of communes Revenue of individuals 1.1. Income tax 2.1. Real estate tax 3.1. Charges due to renting private property 1.2. Court fees 2.2. Agricultural tax 3.2. Charges due to lease of private property 1.2.1 For establishing land register 2.3. Forest tax 3.3. Leasing instalments due to leasing of private property 1.3 Charges and fees for excluding land from agricultural or forest production 2.4. Tax on donations and inheritance 3.4 Notaries fees 1.4. Annual charges for durable management 2.5. Tax on civil law transactions 1.5. Annual charges for the right of perpetual usufruct of state owned land 1.6. Charges due to renting state owned property 1.7. Charges due to lease of state owned property 1.8. Leasing instalments due to leasing state owned property 2.6. Income tax (% share in the revenues of the central budget) 2.7. Planning charges 2.8. System development fees (adjacent fees) 2.9. Annual charges for durable ( long term) management 2.10. Annual charges for the right of perpetual usufruct of community owned property 2.11. Charges due to renting communal property 2.12. Charges due to lease of communal property 2.13. Leasing instalments due to leasing communal property 2.14. Charges for failure to build up land purchased from the commune within a set period of time Source: prepared by the authors, based on (Tax System in Poland, 2008, Tax Ordinance 1997)

2.2. The flows of community income related to real estate Types of taxes and charges Real estate tax Agricultural tax Forest tax TAXABLE BASE Manner of calculating the taxable base Land and buildings utility area, for structures initial value determined in regulations concerning fixed assets depreciation Agricultural land the number of comparative fiscal hectares (depending on the class of land, land use and land location in a tax district); other land the number of hectares in a real estate cadaster The number of comparative fiscal hectares (depending on the area of main tree species and quality class of tree stands) in a forest arrangement plan Rates of taxes and charges in 2007 Maximum rates determined by the Minister of Finance 0.5 max T max For 1 ha the price of 2.5q of rye, announced by the Chairman of Central Office of Statistics For 1 comparative fiscal hectare the equivalent of 0.200 m 3 of sawmill wood, announced by the Chairman of Central Office of Statistics Source: prepared by the authors, based on (Tax Ordinance 1997, The Act of Real 2004)

Types of taxes and charges Tax on civil law transactions sale life annuity exchange living quarters commercial facilities Manner of calculating the taxable base Market value Market value Market value Market value TAXABLE BASE Rates of taxes and charges in 2007 2% 2% 2% (of the difference in value between the exchanged real estates) 2% from the more expensive real estate establishing mortgage Donations Inheritance establishing servitude Market value Value of debt or obligations assumed by the recipient Market value Value of servitude 0,1% 2% 2% of the amount exceeding the share in inheritance 1%

Types of taxes and charges TAXABLE BASE Manner of calculating the taxable base Rates of taxes and charges in 2007 Charges for perpetual usufruct charge I Market value of land ownership rights (without buildings) 15% C 25% of the price of land Charges for perpetual usufruct annual charges Charges for long time management Market value of land ownership rights ( without buildings) Market value of land ownership rights (land + buildings) 0,3% C 3% Depending on the land use 0,1% C 1% Planning charge Market value (without buildings) Up to 30% of increase in land value Adjacent charges ( becouse of increase of real estate value ) Charges for failure to build up land purchased from the commune within a set period of time Market value (before and after construction of technical structure facilities, before and after real estate division, before joining and division and after joining and division of real estate) Land market value Up to 50% of increase in real estate value 10% of the price of land Rent for apartments Cost value Up to 0.03% of the cost value of the apartment Rent for commercial facilities Rent market value Annually, according to the agreement with the tenant Leasing fees Rent market value According to the agreement with the lessee Source: prepared by the authors, based on (Tax Ordinance 1997, The Act of Real 2004)

The average share of the major real estate related types of income in a communal budget 12% - others charges and rents e.g. (for perpetual usufruct and durable mangement, planning charges, for development of property adjacent fees) 4% - tax on civil law transaction 4% - sale of property and rights (land, flats) 20% - real estate tax, agricultural tax, forest tax 60% - other (then real estate) sources of revenues

General conclusions (according to literature and own investigations) Real estate is a source of stable income remaining at a constant real level Local governments recognise that the property tax fees is a good land planning and land management tool More and more importance is attributed to efficient and well designed systems of information about real estates, especially in the processes of taking decisions concerning management of the land at present and in future

Detailed conclusions according to situation in Poland The main reasons in a lower income from property tax: Present system of real estate taxation does not take into account the principles of the market economy the tax amount depends on the land and building area There are discrepancies between the entries in the real estate cadaster and the information about the property in real estate tax register some owners do not send declarations about a change in taxable base until after several years of actually using the building delayes are also recorded in transforming agricultural property into other, non-agricultural land

The main reasons a low share of the charges in the communal budget: 1. Communes rarely update land value as a base for charges for perpetual usufruct of land (this is delayed in some communes by several years); 2. Not all communes establish charge rates for changes in land use when they pass resolutions on an area development plan. This results in inability to calculate such charges in the future; 3. Many communes are tardy in exacting rents from tenants of communal flats. Some communes active policy is actively pursued in the sale of apartments and granting price discounts of 50 to 99% of the market value of an apartment.

The main activities to undertake by local authorities to increase community s own income! 1. Regulation of properties legal status and facilitation of services in local administration offices by integration of data from various sources land cadastre, real estate register, tax register, spatial development plans to stimulate inflow of new investments, 2. Public-private partnership participation in developing technical infrastructure and services accelerates meeting dwellers needs, and on the other hand, contributes to land value increase, 3. Each commune should develop and follow a real estate management strategy. The strategy should take into account the possibility of adjusting the principles of real estate taxation to the solutions implemented in many countries of the European Union, 4. Information on valuation and sale prices should be available for public to improve transparency in the property market,

5. Access to internet and application of geoinformation technologies for spatial analysis and creation of land values maps prevent from under pricing in sale notaries acts and create favourable conditions for introducing new tax system based on real estate value, 6. Making peoples conscious that their money paid to community budget contributes to improvement of their living conditions, 7. Fees affordable to property owners (rates of adjacent fee and fee for perpetual usufruct of land) and frequent updates of property value as a base of fee for perpetual usufruct of land result in smaller number of appeal proceedings. It seams that the highest amount of the tax and fees should be adequate to stimulate development of community and the particular taxpayer as well, 8. Communes should employ licensed real estate managers who possess a knowledge of real estate administration, but also knowledge necessary to make efficient property management decisions.