PROPERTY TAX
RENT
Periodical payment to the Landlord for use of
the property.
Amount at which a property would let at a
particular time
By willing tenant to willing owner of property
Landlord considering the merits and demerits
of his property and tenant weighing
advantages and disadvantages of various
properties available.
TYPES OF RENT
Market Rent: Fair and reasonable rent
decided by landlord and tenant in open and
competitive market
Contract Rent: Rent agreed between
landlord and tenant.
Ground Rent: Rent as payment for land
only.
CHARACTERISTICS OF RENT
Governed by economic law of demand and
supply
Dependant on particular time
Offered by willing tenant to willing owner
Landlord considering merits and demerits
of his property and tenant weighing
advantages and disadvantages of various
properties available
RENTAL VALUE
SOME CASE-LAW
MOTICHAND HIRACHAND
CASE
MOTICHAND HIRACHAND
CASE (CONTD)
Every intrinsic quality and circumstances
that add to the beneficial value of the
building must be taken into account when
owner can expect extra over and above
standard rent of building.
APPLICABILITY
Section 127(a) of the Calcutta Municipal
Act,1923, Section 123 of the City of
Madras Municipal Act,1919 and Section
154 of the B.M.C. act are all similar in
terms.
SELF-OCCUPIED
PROPERTIES
Rent receivable from hypothetical tenant
Standard rent as per Rent Act is the upper
limit.
DRAWBACKS
OF PRESENT SYSTEM
RATEABLE VALUE CONNECTED WITH
RENT CONTROL ACT
NO BUOYANCY
CAN BE CHANGED ONLY WHERE
ADDITIONS OR ALTERATIONS
TAX NOT COMMENSURATE WITH
SERVICES PROVIDED
FUTURE TRENDS
IN PROPERTY TAX
ASSESSMENT
FUTURE TREND
VARIOUS COURTS INCLUDING
SUPREME COURT HAVE OPINED THAT
THE PRESENT PROCESS BE
RATIONALISED BY DEVELOPING
APPROPRIATE SYSTEM
FUTURE TRENDS
PROPERTY TAX CAN BE
A) CAPITAL VALUE BASED
B) AREA BASED
ADVANTAGES ENVISAGED
NEW SYSTEM NOT RELATED TO
RENTAL VALUE AND DISSOCIATED
FROM RENT CONTROL ACT
CAN BE ASSOCIATED WITH LEVEL OF
SEVICES PROVIDED
INSTRUMENTAL IN GENERATING
MUCH NEEDED RESOURCES FOR THE
MUNICIPAL AUTHORITIES
PRECAUTION NEEDED
PRESENT PROPERTY TAX LEVIED IS
BOGGED DOWN TO VERY LOW
LEVEL
POSSIBILITY THAT THE GAP
BETWEEN PROPERTY TAX AS PER
NEW SYSTEM AND AT PRESENT CAN
BE LARGE
NEED TO INCREASE THE SAME
GRADUALLY
OBJECTIVES OF
PROPERTY TAX REFORMS
TO EVOLVE A SCIENTIFIC METHOD IN THE
LEVY OF PROPERTY TAX IN THE
MUNICIPALITY
TO FIX THE ASSESSMENTS IN A UNIFORM
MANNER IN RESPECT OF SIMILAR
BUILDINGS SITUATED IN ONE LOCALITY
AND USED FOR SIMILAR PURPOSE
TO REDUCE THE DISCRETION AND TO
AVOID ARBITRARINESS IN THE
ASSESSMENT OF PROPERTY TAX
OBJECTIVES OF
PROPERTY TAX REFORMS
TO SIMPLIFY THE PROCEDURE OF
ASSESSMENT AND TO MAKE
ADMINISTRATION TO BE OF MORE
EFFICIENT AND EFFECTIVE IN THE LEVY
OF PROPERTY TAX
TO DELINK THE PROVISIONS OF RENT
CONTROL ACT FROM THE METHOD OF
ASSESSMENT OF PROPERTY TAX
OBJECTIVES OF
PROPERTY TAX REFORMS
TO PROVIDE RELIEF TO THE BUILDING
CONSTUCTED UNDER WEAKER SECTION
HOUSING SCHEME AND TO OWNER
OCCUPIED RESIDENTIAL BUILDINGS
TO IMPROVE THE RESOURCES OF THE
MUNICIPALITIES BY RESTRUCTURING THE
METHOD OF ASSESSMENT OF PROPERTY
TAX
DIVISION OF MUNICIPALITY
INTO ZONES
THE ENTIRE MUNICIPAL AREA SHOULD BE
DIVIDED INTO TERRITORIAL ZONES BASED ON
CIVIC AMENITIES E.G. WATER SUPPLY, ROADS
DRAINS ETC.
MARKETS AND SHOPPING CENTRES
EDUCATIONAL INSTITUTIONS
BANKS, POSTAL SERVICES, PUBLIC OFFICES
MEDICAL INSTITUTIONS
FACTORIES AND INDUSTRIES
CLASSIFICATION OF
BUILDINGS
A) RCC SUPERIOR BUILDINGS
B) RCC ORDINARY BUILDING
C) MANGALORE TILED ROOFED BB
MASONARY BUILDINGS
D)COUNTRY TILED ROOFED BB
MASONARY BUILDINGS
C) TEMPORARY BUILDINGS
NATURE OF USE
OF BUILDING
A) RESIDENTIAL
B) COMMERCIAL
SHOPS, SHOPPING COMPLEXES
HOTELS, LODGES, RESTAURANTS
CINEMA THEATERS / PLACES OF
PUBLIC ENTERTAINMENT
C) PUBLIC USE
D) INDUSTRIAL
ALLOWANCES / REBATES /
EXEMPTIONS
DEDUCTION ALLOWED FOR AGE OF
BUILDING
REBATE TO OWNER OCCUPIED RESIDENTIAL
BUILDINGS
EXEMPTIONS TO RELIGIOUS, EDUCATIONAL,
CHARITABLE MEDICAL BUILDINGS
EXEMPTIONS TO OWNER OCCUPIED
RESIDENTIAL BUILDINGS
HOUSES OF URBAN POORS
DETERMINATION OF
ZONAL LETTING RATES
BASIS
CURRENT LAND VALUES
VALUATION
FOR ESTIMATING THE
CAPITAL VALUE
METHODS OF VALUATION
COMPARATIVE METHOD
COMPARATIVE METHOD
The evidence
The
Evidence
The Market
Market
The
Should be based
on
Transactions
Transactions
ofof
similar
similar
properties
properties
Comparative
COMPARATIVE
Valuation
VALUATION
Should
Should be
be
fairly stable
stable
Fairly
thesame
samearea
area
InINthe
Obtained from
RecentRecords
Records
Recent
of
Frequent
Frequent
transactions
Transactions
Underlying
Underlying
economic
Economic
factorsshould
should
Factors
be
Bestudied
studied
Belting Method
If the depth of the plot is more than then
the depth of the comparable plots in sales
considered, this method is adopted to value
the land.
Belting Method
3rd Belt
Remaining
Value
Of 1st Belt
Recess Land
of Belt
Value
Recess Land
of Belt
Value
2nd Belt
1
X
1st Belt
R O A D
3/4th Value
Of 1st Belt
Full Value
CONSIDERATION FOR
DIFFERENT LANDS
Land with return frontage :- Give positive
allowance depending on the importance of
road on which return frontage.
Land with irregular shape :- Carve out
regular shape by drawing perpendiculars to
road and give negative allowance to
remaining land.
CONTRACTORS METHOD
OR CAPITAL VALUE METHOD.
CONTRACTORS METHOD
METHOD
1] ESTIMATE VALUE OF LAND IN ITS EXISTING USE.
2] ESTIMATE COST OF CONSTRUCTION OF
BUILDING.
3] ALLOW FOR DEPRECIATION ON ACCOUNT OF
AGE,OBSOLESANCE ETC.
4] CAPITAL VALUE = LAND VALUE PLUS
DEPRECIATED COST OF BUILDING
CONTRACTORS METHOD
Contractors Method
Depreciation
Contractors Method
Depreciation
3. Sinking Fund Method
Depreciation=1-Y.P. future life at certain %
Y.P. full life at same %
CONTRACTORS METHOD
1.
2.
3.
4.
5.
6.
75-90 years
60-65 years
50-60 years
40-50 years
20-30 years
10-20 years
CONTRACTORS METHOD
Value of site
Cost of replacement of
building
Less Depreciation and
obsolescence[25%]
Depreciated cost of building
Property Value
Rs. 50,000
Rs.6,00,000
Rs.1,50,000
Rs.4,50,000
Rs.5,00,000
PROFIT METHOD
METHOD
PROFIT METHOD
Gross earnings
Less purchase of grocery
Gross Profit
Less
working expenses, wages
Advertising and postage
Electricity and gas
Other expenses
Net profit
Less Tenants share
Balance [Rent/Annum]
Rs.12,00,000
Rs. 6,40,000
Rs. 5,60,000
Rs. 2,80,000
Rs. 58,000
Rs. 82,000
Rs. 30,000
Rs. 1,50,000
Rs. 75,000
Rs. 75,000
RESIDUAL METHOD
This method is used to value property with
Development potential.
Development potential is also called
Latent Value.
Increased value of property after carrying
out development will be more than
expenditure incurred.
RESIDUAL METHOD
RESIDUAL METHOD
Cost of development will include:1.Building costs
2.Architects fees [% of cost of development]
3.Engineers fees
4.Other professional fees [% of proceeds of
sell]
5.Advertising and legal fees
RESIDUAL METHOD
Rs.3,20,000
Rs. 75,000
Rs. 10,000
Rs. 10,000
Rs. 50,000
Rs. 32,000
Rs.1,43,000
RESIDUAL METHOD
Cost of each item of infrastructure is
estimated as also allowances made for each
relevant factor which are deducted from
sale value of small plots, carved out from
larger plot.
RESIDUAL METHOD
FLAT RATE TECHNIQUE
Flat Rate deductions are made to account
for two factors namely, area of land needed
for infrastructure and its cost.
RESIDUAL METHOD
FLAT RATE TECHNIQUE
Land under valuation
40,000 S.M.
Comparables show
value of small plots
Rs.2,000/S.M.
Adjusted comparable
small plot value @70 % Rs.1,400/S.M.
Value of Land
= 40,000 * 1,400
= Rs. 5,60,00,000
SOME EXPERIENCES
IT WOULD BE INTERESTING TO SEE
WHAT HAS BEEN DONE IN VARIOUS
STATES
AHAMADABAD - GUJRAT
BAGALORE
- KARNATAKA
HYDERABAD
-ANDHRA PRADESH
PATNA
- BIHAR
PUNE PATTERN - MAHARASHTRA
BANGALORE EXPERIENCE
THE BANGALORE MUNICIPAL CORPORATION
HAS INTRODUCED VOLUNTARY SELF
ASSESSMENT SYSTEM.
BANGALORE HAS BEEN DIVIDED INTO SIX
ZONES BASED ON STAMP DUTY VALUATIONS
PROPERTY IS TO BE VALUED BASED ON USE,
TYPE OF BUILDING,TYPE OF OCCUPANCY
CEILING ON INCREASE OF PROPERTY TAX OF
250% OVER LAST YEAR
AHAMADABAD MODEL
GUJRAT HIGH COURT HELD THAT THE
CONTRACTUAL RENT WOULD BE THE
ANNUAL RENT AFTER APRIL 1,1984.
AHMEDABAD MUNICIPAL CORPORATION
TOOK DRASTIC MEASURES TO CHECK
PROPERTY TAX EVASION SUCH AS
DISCONNECTION OF WATER SUPPLY AND
DRAINAGE AS WELL AS ISSUANCE OF
WARRENTS UPON NON-PAYMENT OF
PROPERTY TAX.
PATNA SYSTEM
PATNA HAS SIMPLE AND OBJECTIVE BASED
PROPERTY TAX ASSESSMENT SYSTEM
CITY WAS DIVIDED INTO THREE
ADMINISTRATIVE UNITS
AS FIRST STEP, THE REASSESSMENT WAS
FOCUSED ON AN AREA OF PRIMARILY POSH
COMMERCIAL AND RESIDENTIAL UNITS
THIS COVERED ONLY 1/27TH OF THE AREA OF
CITY, BUT GENERATED OVER 50% OF THE
TOTAL TAX REVENUE.
HYDERABAD METHOD
ADOPTED AREA-BASED SYSTEM, BUT ITS APPLICATION
STAYED BY HIGH COURT
THE HOUSE NUMBERING CELL OF THE HYDERABAD
MUNICIPAL CORPORATION HAS GIVEN NEW NUMBERS TO
ALL PROPERTIES IN THE CITY, WHICH HAS HELPED IN
IDENTIFYING PROPERTIES NOT COVERED BY THE TAX
SYSTEM
ANOTHER IMPORTANT STEP TAKEN WAS
COMPUTERISATION OF RECORDS AND ISSUANCE OF
COMPUTERISED BILLS
INTRODUCTION OF TAX COLLECTION THROUGH BANK
BRANCHES
WEEKLY REVIEWS OF COLLECTIONS
PUNE PATTERN
BASED ON THE LAND VALUES
GIVEN IN THE READY-RECKONERS
FOR STAMP DUTY, CITY AREA HAS
BEEN DIVIDED INTO ZONES
SHRI RATHIS PROPOSAL IS BEING
CONSIDERED BY THE STATE
GOVERNMENT
PANAJI PROPOSAL
PRESENT SYSTEM IS BASED ON
CAPITAL VALUE
LAND VALUE IS IGNORED. TAX BASED
ON ONLY BUILDING VALUE
ALL INDIA INSTITUTE OF LOCAL SELF
GOVERNMENT APPOINTED AS
CONSULTANTS TO GOVT. OF GOA
THE WORK IS IN PROGRESS
METHODS OF VALUATION
1] THE DIRECT COMPARISON OR
COMPARATIVE METHOD.
2] THE CONTRACTORS METHD.
3] THE PROFITS OR ACCOUNTS
METHOD.
COMPARATIVE METHOD
COMPARATIVE METHOD
The evidence
The
Evidence
The Market
Market
The
Should be based
on
Transactions
of
Rent of similar
similar
properties
properties
Comparative
COMPARATIVE
Valuation
VALUATION
Should
Should be
be
fairly stable
stable
Fairly
Frequent
Frequent
transactions
Rentals
Underlying
Underlying
economic
Economic
factorsshould
should
Factors
be
Bestudied
studied
thesame
samearea
area
InINthe
Obtained from
RecentRentals
Records
Recent
of
CONTRACTORS METHOD
OR CAPITAL VALUE METHOD
CONTRACTORS METHOD
METHOD
1] ESTIMATE VALUE OF LAND IN ITS EXISTING USE.
2] ESTIMATE COST OF CONSTRUCTION OF
BUILDING.
3] ALLOW FOR DEPRECIATION ON ACCOUNT OF
AGE,OBSOLESANCE ETC.
4] RENT = % OFLAND VALUE PLUS % OF
DEPRECIATED COST OF BUILDING
CONTRACTORS METHOD
Contractors Method
Depreciation
Contractors Method
Depreciation
3. Sinking Fund Method
Depreciation=1-Y.P. future life at certain %
Y.P. full life at same %
CONTRACTORS METHOD
1.
2.
3.
4.
5.
6.
CONTRACTORS METHOD
Value of site
Cost of replacement of
building
Less Depreciation and
obsolescence[25%]
Depreciated cost of building
Rent = 5% of Land Value +
6% of Bldg. Value =
Rs. 50,000
Rs.6,00,000
Rs.1,50,000
Rs.4,50,000
Rs. 2950 P.A.
PROFIT METHOD
METHOD
PROFIT METHOD
Gross earnings
Less purchase of grocery
Gross Profit
Less
working expenses, wages
Advertising and postage
Electricity and gas
Other expenses
Net profit
Less Tenants share
Rent [ Balance]
Rs.12,00,000
Rs. 6,40,000
Rs. 5,60,000
Rs. 2,80,000
Rs. 58,000
Rs. 82,000
Rs. 30,000
Rs. 1,50,000
Rs. 75,000
Rs. 75,000
FUTURE TREND
THE PROPERTY TAX BE BASED ON
CAPITAL VALUE INSTEAD OF
RENTAL VALUE.
THIS WAY THE PROPERTY TAX
ASSESSMENT HAS BEEN
DISSOCIATED WITH THE PROVISIONS
OF RENT CONTROL ACT.