a discussion of real-life tax revenue impact on ...• annually sets values for ad valorem tax...

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The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Agricultural Counties

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Page 1: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

The Conservation Use Value Assessment Program (CUVA)

and Forest Land Protections Act (FLPA):

A Discussion of Real-Life Tax Revenue

Impact on Agricultural Counties

Page 2: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Economic Factors Influence How Land Is Used

Page 3: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Tipping the Scales to

Encourage Land Conservation

In 1992, State enacts the

Conservation Use Valuation Assessment Program

(CUVA)

Page 4: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

CUVA Program

• Provides a tax incentive for non-corporate landowners to:

• Ease development pressures

• Conserve open space

• Provide tax relief for “Bona Fide” agriculture and forestry uses• Provide tax relief for “Bona Fide” agriculture and forestry uses

• Lowers property taxes on agriculture and forestry land

• Reduces incentive to clear land in residential transition areas

• Protects vulnerable areas

• Property is assessed at 40% of current use value, reducing the tax

even more than an assessment at 40% of fair market value

Page 5: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

How Does the CUVA Program Work?

• The Georgia Revenue Commission:

• Annually sets values for ad valorem tax purposes on conservation land

• Publishes rules and regulations to help county tax assessors determine the

values of property that qualify for conservation use assessmentvalues of property that qualify for conservation use assessment

• Landowners sign a 10-year covenant with the state to keep land in

current use less than 2,000 acres

• Minimum land areas are set by the Board of Commissioners

• Crawford County requires a 10-acre minimum, but exceptions are made to as

little as three acres

• Business, corporation, partnerships do not qualify

Page 6: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

How is the Valuation Set?

• What are the “current use valuations”?

• Established by the Dept. of Revenue for the purpose of prescribing the

current use values for conservation use land

• The state is divided into nine Forest Land Protection Act Valuation Areas• The state is divided into nine Forest Land Protection Act Valuation Areas

• Taxation amounts emphasize current use valuation as opposed to

fair market valuation

• Savings of greater than 90% possible in high property tax counties

Page 7: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Taxation Amounts – CUVAVA/FLPAVA #5 Region

• Table of per-acre values: W1-580,

W2-536, W3-493, W4-452, W5-

409, W6-367, W7-323, W8-280,

W9-233, A1-641, A2-558, A3-519, W9-233, A1-641, A2-558, A3-519,

A4-475, A5-424, A6-361, A7-297,

A8-234, A9-172

Page 8: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

What Does This Mean in Real Dollars for Crawford County?

2009 FMV 40% CUVA 40%

753 parcels

(75,034 acres)

$164,299,549 $65,719,820 $34,400,853 $13,760,341

$65,719,820 @ .02628 = $1,727,116

$13,760,341 @ .02628 = $ 361,621

DIFFERENCE: $1,365,495

There is no reimbursement from the state to assist the county with

the loss of tax revenues as a result of CUVA

Page 9: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Forest Land Protection Act (FLPA)

• Implemented after voter approval in the Nov. 2008 elections

• Increased the number of eligible landowners able to receive the • Increased the number of eligible landowners able to receive the

conservation tax benefit by removing acreage and ownership

restrictions

• Requires landowners to maintain their land in a qualified use for 15

years

Page 10: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

How the FLPA Works• Eligible tracts must be used for subsistence or commercial production of trees,

timber, or other wood and wood fiber products – the value of any residences on the property are excluded

• Properties must be a minimum of 200.01 acres – unlike CUVA, there is no maximum acreage cap

• Properties must be a minimum of 200.01 acres – unlike CUVA, there is no maximum acreage cap

• Eligible landowners can be individuals or any entity registered to do business in Georgia and are not required to be U.S. citizens

• 2008 values are used to calculate tax amounts for the entire 15-year exemption

• State to reimburse counties half the lost revenues up to 3% of the digest; anything above that amount would be reimbursed at a rate of 100%

Page 11: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Impact to Crawford County in Year 1 (2009)

Using 2008 values as the baseline to calculate the impact on the tax digest

$6,714,603 @ .02628 = $176,459

2009 FMV 40% 2008 FMV 40% FLPAVA 40%

49 parcels

(22, 152 acres)

$21,841,039 $8,736,415 $17,612,115 $6,714,603 $8,141,712 $3,345,112

$6,714,603 @ .02628 = $176,459

$3,345,112 @ .02628 = $ 87,909

DIFFERENCE: $ 88,540

State’s reimbursement was only $36,578 net loss to Crawford County: $51, 962

Using current (2009) fair market values

$8,736,415 @ .02628 = $229,592

$3,345,112 @ .02628 = $ 87,909

DIFFERENCE: $ 141,683

State’s reimbursement was only $36,578 net loss to Crawford County: $105,105

Page 12: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Impact to Crawford County in Year 2 (2010)

Using 2008 values as the baseline to calculate the impact on the tax digest

$13,268,422 @ .02628 = $348,694

$ 6,155,466 @ .02628 = $161,765

2010 FMV 40% 2008 FMV 40% FLPAVA 40%

74 parcels

(40,324 acres)

43,539,619 $17,415,847 $33,996,677 13,268,422 $15,388,667 $6,155,467

$ 6,155,466 @ .02628 = $161,765

DIFFERENCE: $186,929

Anticipated State reimbursement: $46,539 net loss to Crawford County: $140,390

Using current (2009) fair market values

$17,415,847 @ .02628 = $457,688

$ 6,155,466 @ .02628 = $161,765

DIFFERENCE: $295,923

Anticipated State reimbursement: $46,539 net loss to Crawford County: $249,384

Page 13: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Long Term Impacts of FLPA

$200,000

$300,000 FLPA Revenue Loss

$-

$100,000

FY09 FY10

Page 14: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Cumulative Impact on Crawford County

Pre-FLPA Post-FLPA State

Reimbursement

Value Final Position Current

FMV Position

FY 2009 $176,459 $87,909 $36,578 ($51,962) ($105,105)

FY 2010 $348,694 $161,765 $46,539 ($140,390) ($249,384)

TAX EXEMPTION AMOUNT DUE TO CUVA (ANNUAL) $1,365,495

TAX EXEMPTION AMOUNT DUE TO FLPA (ANNUAL) $ 249,384

TOTAL EXEMPT FY10: $1,614,879

FY 2010 $348,694 $161,765 $46,539 ($140,390) ($249,384)

TOTALS ($192,352) ($354,489)

Page 15: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

2010 Crawford County Acreage By Covenant(Crawford County Total Acreage = 205,570)

Existing Pending/Eligible

Acres Of

total

Acres Of total

total

Preferential 3,834 2% 3,834 2%

CUVA 75,034 37% 75,034 37%

FLPA 42,091 21% 73,496 36%

Total in

Conservation

120,570 59% 152,364 75%

Page 16: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

2010 Conservation Acreage in Crawford County

Pending/Eligible FLPA Parcels31,405 acres

59% 75%

CUVA

FLPA

Pending/Eligible FLPA Parcels

Page 17: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Conclusion

• Land conservation cost Crawford

County a total $1.6 million a year,

amounting to 12.3% of the

county’s total budget$1,600,000

$1,650,000

Total Revenue Loss

county’s total budget

• In the last 10 years, the County

grew by 135 people

• Can rural Georgia continue to bear

the cost of land conservation?$1,350,000

$1,400,000

$1,450,000

$1,500,000

$1,550,000

FY09 FY10

Page 18: A Discussion of Real-Life Tax Revenue Impact on ...• Annually sets values for ad valorem tax purposes on conservation land • Publishes rules and regulations to help county tax

Pat Kelly, County Manager

Crawford County

[email protected]@yahoo.com

478.836.3782