HomeMy WebLinkAboutTax Collections Policy Cape Breton Regional Municipality
" POLICY "
TAX COLLECTIONS
STATEMENT:
The collection of Municipal property taxes, and various rates levied by the
Municipal Unit on a regular and timely basis is an integral component of the
financial administration picture. The Assessment Act and the Municipal
Government Act make certain provisions, which clarify the rights and limitations
for the Municipality to perform the collection operation. The role of this policy is
to define the direction of Council in concert with legislative authority and
responsibility thus enabling administrators to complete their task without
constantly seeking authorization from Council. Under certain conditions it may be
necessary to involve council, however, the intent of the policy is to minimize these
occurrences to policy review or oddities which are not covered by the policy. As
with all policies it will be important for periodic review to ensure compliance with
changing legislation and Council direction.
Definitions: - (as per Assessment Act)
i.e. rates, area rates, etc.
- Satisfactory Payment Method:
(1) Arrangement whereby residential and commercial account arrears and
current tax levy are paid in full by installments not exceeding two years from
date of agreement.
(2) Special Circumstances: (Financial Position of Taxpayer makes (1) above
unmanageable)
Qualifying Criteria:
a) CBRM shall require the taxpayer to provide proof of income in the form
of income tax returns or other documents deemed to be acceptable by
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the Financial Services Department. In addition, records of expenditures
related to the property (i.e. power, oil etc.) may also be requested.
b) Pre-authorized payments shall be the only means of payment acceptable
under this arrangement.
c) The maximum term of an arrangement shall be at the discretion of the
Management of the Financial Services Department, but shall not exceed
Three (3) Years.
Procedure where Qualifying Criteria has been met:
a) Process Property for Tax Sale where applicable.
b) Waive administrative fee structure as per Criteria 4 below.
c) If taxpayer meets the criteria noted in CBRM's Low-Income Tax
Exemption Policy, apply the exemption for the current year and consider
future years' eligibility during which the established arrangement
applies.
d) Effective the month of the arrangement no further interest charges shall
be applied until the term expires.
e) Where accumulated interest on an account is in excess of 10°Io of the
total property taxes owing, aone-time interest adjustment may be made
reducing the interest balance to NIL. This adjustment will be done
annually in March of each year during the term of the arrangement. The
amount of the adjustment will be pro-rated according to the amount paid
over the previous 12 months.
Conditions:
a) All Qualifying Criteria have to be met before arrangements can be
accepted under this section
b) Failure to keep the terms of the arrangements under this policy will
result in the property being placed on the next available Tax Sale.
Payment in full will be required to settle the account prior to the date of
the sale.
c) Arrangements under this section may be applied only once to an account
for any one assessed owner.
3.2) Commercial — Special Circumstances: (Financial Position of Taxpayer
makes (1 and/or 2) above unmanageable)
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Where a Commercial Property has been listed for Tax Sale and the taxpayer
can substantiate their inability to comply with Section 1 and/or 2 of the
policy, the management of the Financial Services Department has the
authority to adjust interest upon full settlement of the principal tax balance.
Such practice will only be done after the Financial Services Department
have done a financial review and due diligence to ensure the viability of the
business will require such action.
Collection Procedure:
1. In the case of taxes and rates levied on real property, any account with
arrears in excess of 2 years billings shall be processed for tax sale.
Properties with less than two years may be processed for tax sale in
accordance with Part (6) Section 134 (1) of the Municipal Government Act.
2. Tax sale process consistent with Legislation, once initiated shall not be
halted without full payment of the account, satisfactory payment
arrangements being made, legislated process exceeding authority of
Municipality started, intervention by Courts or directive from Council to
cease action.
3. Any other levy which does not form a lien on real property shall be
considered for collection action 60 days from date of billing. The issue of
warrants, seizure of property, small claims court action etc. shall not be
initiated until after March 31St of the year in which the taxes were levied.
Action shall not be halted without full payment of account, satisfactory
payment arrangement, legislated process exceeding authority of
Municipality started, intervention by courts or direction from Council to
cease action.
4. Collections cost of $200.00 shall be applied to account balance immediately
prior to the issue of the initial Tax Sale letter. A further $200.00 shall be
added at the time when a Title search is requested. An additional $100.00
shall be added at the time the first published advertisement is prepared. A
$25.00 charge for posting the tax notice on the property will be applied to
the account. There is also a deed administration fee in the amount of
$200.00. These fees are in addition to charges applicable under the
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Assessment Act. Account payment shall be applied to any such charges
prior to affecting interest and tax levy.
5. Collection action shall be consistent with appropriate Legislation.
6. For the purpose of administration of legislated requirements covering tax
collection, the Manager of Financial Services shall perform the duties of the
Treasurer or Director of Finance.
7. In cases where individuals or companies supply goods or services to the
Regional Municipality no payment of same shall be carried out if the
individual or company is in tax arrears. The Municipality shall have the
right to control payment according to tax account situation. (This clause
also forms part of the Procurement Policy of the Municipality.)
Approved by Cape Breton Regional Council: September 19, 1995
Amended by Council: February 15, 2000; September 27, 2005; April 15,
2008, June 26, 2018
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