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HomeMy WebLinkAboutFIN-08-078 - Section 357 Application - Islamic Shia Ithna-Asheri Jamaat of K-W1 KdivE.R Financial Services 6 REPORT Report To: Mayor Carl Zehr and Members of Council Date of Meeting: May 26, 2008 Submitted By: Dan Chapman, General Manager of Financial Services Prepared By: Dan Chapman Ward(s) Involved: Ward 4 Date of Report: May 22, 2008 Report No.: FIN -08 -078 Subject: Section #357 Application - Islamic Shia Ithna - Asheri Jamaat of Kitchener - Waterloo RECOMMENDATION: THAT, pursuant to Section #357 of The Municipal Act, S.O. 2001, the application to City Council for Cancellation, Reduction, refund or levy of taxes, for Islamic Shai Ithna - Asheri Jamaat of Kitchener Waterloo, 6 Executive Place, be approved in the amount of a net increase in property taxes of $2,634-59. BACKGROUND: In reviewing report FIN -08 -074 (May 20, 2008) related to cancellations, reductions and refunds of taxes, the Finance and Corporate Services Committee deferred approval of the adjustment for the Islamic Shia Ithna - Asheri Jamaat of Kitchener - Waterloo to allow staff time to review the basis of calculation with the applicant. REPORT: An application under Section #357 of the Municipal Act, S.O. 2001, was made on behalf of the Islamic Shia Ithna - Asheri Jamaat of Kitchener- Waterloo to apply for exempt status for the period from November 28, 2006, the date of purchase of the property, to December 31, 2007. The previous assessment on the property was C1 — Commercial Taxable — Farmland 1. This class is commercial lands which are being farmed, since the property was being farmed by the previous owner. The 357 application was forwarded to MPAC and a determination was made on the appropriate assessment for the property based on the application. Once an organization applies to become exempt based on the use of the property and the land is still vacant — the building of the place of worship is not complete, the lowest taxation class MPAC utilizes is residential. Once the place of worship is completed and the congregation commences worship in the facility, MPAC will consider an application at that point in time to determine whether the property qualifies for exempt status. In the case of this property, the C1 classification tax rate is lower than the residential rate. However, the property is no longer being farmed and MPAC can only assess the property as residential. FINANCIAL IMPLICATIONS: The net property tax increase associated with this adjustment from the period of November 28, 2006 to December 31, 2007 is $2,634.59. COMMUNICATIONS: Staff has reviewed this information with the applicant. Dan Chapman, CA MPA General Manager of Financial Services DC /mf