Determination of phase-ins
447.51(1)This section governs the determination of the phase-ins for 1998 tax changes. Cases in which phase-ins determined (2)Phase-ins shall be determined for a property as follows: 1. 1998 tax increase phase-ins shall be determined for a property if the uncapped 1998 taxes for the property are greater than the unadjusted 1997-level taxes for the property. 2. 1998 tax decrease phase-ins shall be determined for a property if the uncapped 1998 taxes for the property are less than the unadjusted 1997-level taxes for the property. Determination of 1998 tax increase phase-ins (3)The 1998 tax increase phase-in for a property for a year shall be determined in accordance with the following: 1. For 1998, the 1998 tax increase phase-in shall be 10 per cent of the unadjusted 1997-level taxes or such lesser amount as would be necessary to increase the unadjusted 1997-level taxes so that the unadjusted 1997-level taxes equal the uncapped 1998 taxes. 2. For 1999, the 1998 tax increase phase-in shall be 5 per cent of the unadjusted 1997-level taxes or such lesser amount as would be necessary to increase the unadjusted 1997-level taxes, as increased by any 1998 tax increase phase-in for 1998, so that the unadjusted 1997-level taxes equal the uncapped 1998 taxes. 3. For 2000, the 1998 tax increase phase-in shall be 5 per cent of the unadjusted 1997-level taxes or such lesser amount as would be necessary to increase the unadjusted 1997-level taxes, as increased by any 1998 tax increase phase-ins for 1998 and 1999, so that the unadjusted 1997-level taxes equal the uncapped 1998 taxes. Determination of 1998 tax decrease phase-ins (4)The 1998 tax decrease phase-in for a property for a year shall be determined in accordance with the following: 1. The tax decrease phase-in for the year shall be the percentage, determined under paragraph 2, of the difference between the unadjusted 1997-level taxes and the uncapped 1998 taxes. 2. A percentage shall be determined for the purposes of paragraph 1 so that the total of the 1998 tax decrease phase-ins for the year for all the properties in the property class in the municipality equals the total 1998 tax increase phase-ins for the year for all the properties in the property class in the municipality minus the prescribed amount, if any. In this paragraph, if the property is in an upper-tier municipality, “municipality” means the upper-tier municipality. 3. For the purposes of paragraph 2, the commercial classes shall be deemed to be a single property class and the industrial classes shall be deemed to be a single property class. 1998, c. 33, s. 37. Definitions (5)In this section, “unadjusted 1997-level taxes”, for a year, means the 1997-level taxes determined under section 447.49 for the year; (“impôts au niveau de 1997 non redressés”) “uncapped 1998 taxes” means, in relation to a property, the following taxes, adjusted, in accordance with the regulations, with respect to reductions in taxes for school purposes and changes in taxes for municipal purposes: 1. If this Division applies to the property for 1998, the taxes for municipal and school purposes that would have been imposed for 1998 but for the application of this Part. 2. If this Division applies to the property for 1999, the taxes for municipal and school purposes that would have been imposed for 1999 but for the application of this Part. 3. If this Division applies to the property for 2000, the taxes for municipal and school purposes that would have been imposed for 2000 but for the application of this Part. (“impôts de 1998 non plafonnés”) 1998, c. 33, s. 37; 1999, c. 9, s. 162 (1). Note: Subsection (5), as amended by the Statutes of Ontario, 1999, chapter 9, subsection 162 (1), applies with respect to the 1998 and subsequent taxation years. See: 1999, c. 9, s. 162 (3). Regulations, tax change adjustments (6)The Minister of Finance may make regulations providing for adjustments, for the purposes of the definition of “uncapped 1998 taxes” in subsection (5), in respect of reductions in taxes for school purposes and changes in taxes for municipal purposes. Different adjustments for different classes, etc. (7)Regulations under subsection (6) may provide for different adjustments for different property classes, municipalities and properties. 1998, c. 33, s. 37. Modifications if assessment is increased (8)If any increases are made, under section 447.10 as it applies under section 447.38, to the assessments for the property in the frozen assessment listing for 1999 or 2000, the unadjusted 1997-level taxes and the uncapped 1998 taxes shall be determined as follows for the purposes of the application of subsections (3) and (4) to the year: 1. The unadjusted 1997-level taxes shall be what they would be if the corresponding increases were made to the assessments in the frozen assessment listing used to determine the unadjusted 1997-level taxes. 2. The uncapped 1998 taxes shall be what they would be if the corresponding increase were made to the assessment on the assessment roll used to determine the uncapped 1998 taxes. 1998, c. 33, s. 37; 1999, c. 9, s. 162 (2). Note: Subsection (8), as amended by the Statutes of Ontario, 1999, chapter 9, subsection 162 (2), applies with respect to the 1998 and subsequent taxation years. See: 1999, c. 9, s. 162 (3). Modifications, omissions from 1997 assessment (9)If any increases are made under section 33 of the Assessment Act to the assessment for the property for 1997, the uncapped 1998 taxes shall be what they would be if the corresponding changes were made to the assessment on the assessment roll used to determine the uncapped 1998 taxes. 1998, c. 33, s. 37.