Determination of phase-ins
447.19(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 capped 1998 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 capped 1998 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. The 1998 tax increase phase-in for the year shall be 2.5 per cent of the capped 1998 taxes or such lesser amount as would be necessary to increase the capped 1998 taxes, as increased by any 1998 tax increase phase-ins for previous years, so that the capped 1998 taxes equal the uncapped 1998 taxes. 1998, c. 3, s. 30. 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 1997-level taxes determined under section 447.17 for the year 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.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, within the meaning of subsection 363 (20), shall be deemed to be a single property class and the industrial classes, within the meaning of subsection 363 (20), shall be deemed to be a single property class. 1998, c. 3, s. 30; 1998, c. 33, s. 33 (1). Definitions (5)In this section, “capped 1998 taxes” means, in relation to a property, (a) if this Part applies to the property for 1998, the 1997-level taxes determined under section 447.17 for 1998, or (b) if this Part first applies to the property for 1999 or 2000, the 1997-level taxes that would have been determined under section 447.17 for 1998 if this Part applied for that year; (“impôts de 1998 plafonnés”) “uncapped 1998 taxes” means, in relation to a property, (a) if this Part 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, (b) if this Part 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, (c) if this Part 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. 3, s. 30; 1999, c. 9, s. 158 (1). Note: Subsection (5), as amended by the Statutes of Ontario, 1999, chapter 9, subsection 158 (1), applies with respect to the 1998 and subsequent taxation years. See: 1999, c. 9, s. 158 (3). Modifications if assessment is increased (6)If any increases are made, under section 447.10, to the assessments for the property in the frozen assessment listing for 1999 or 2000, the capped 1998 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 capped 1998 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 capped 1998 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. 3, s. 30; 1999, c. 9, s. 158 (2). Note: Subsection (6), as amended by the Statutes of Ontario, 1999, chapter 9, subsection 158 (2), applies with respect to the 1998 and subsequent taxation years. See: 1999, c. 9, s. 158 (3). Modifications, omissions from 1997 assessment (7)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. 33 (2). Miscellaneous