RULES IN THE APPRAISAL AND ASSESSMENT OF REAL PROPERTY
ASSESSMENT – is the act or process of determining the value of the property or proportion thereof subject to tax,
APPRAISAL – is the act or process of determining the value of property as of a specific date for a specific purpose.
Assessment – includes the discovery, listing, classification and appraisal of real properties
ON WHAT BASIS SHALL REAL PROPERTY BE APPRAISED TO REFLECT THEIR CURRENT AND FAIR MARKET VALUE?
ALL REAL PROPERTY SHALL BE APPRAISED AT THE CURRENT AND FAIR MARKET VALUE ON THE BASIS OF THE LATEST SCHEDULE OF FAIR MARKET VALUES PREPARED BY THE ASSESSOR AND EMBODIED IN AN ORDINANCE PASSED BY THE LOCAL SANGGUNIAN.
MASS APPRAISAL – LAMP – DIFFERENT FROM APPRAISAL OF PRIVATE PRACTITIONERS
SMV ALWAYS PREVAILS
MASS APPRAISAL
The step by step procedure used to set up the residential appraisal program follows the same procedure done in the mass appraisal of land, with some variations. The steps for the pre-appraisal set-up are: Establish a base valuation date; Define market area boundaries; Gather improved sales data; Establish class benchmarks; Develop depreciation benchmarks Post information on the field maps.
Classification of real property for assessment purposes
Residential, agricultural, commercial, industrial, mineral, special, timberland
Real property shall be classified, valued and assessed on basis of its actual use regardless of where located, whoever owns it, and whoever uses it.
Actual use refers to the purpose for which the property is principally or predominantly utilized by the person in possession of the property
Actual Use –
ASSESSMENT LEVELS
INCREASE OR DECREASE OF ASSESSMENT LEVELS
CAN THE LOCAL SANGGUNIAN THROUGH ORDINANCES INCREASE OR DECREASE ASSESSMENT LEVELS
Assessment level is the percentage applied to the fair market value to determine the taxable or assessed value. But not exceeding the rates prescribed under RA 7160 In no case shall the increase and decrease be made effective between general revisions
DATE OF EFFECTIVITIY OF ASSESSMENT OR RE-ASSESSMENT
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Made after the first day of January of any year shall take effect on the first day of the succeeding year.
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Any re-assessment due to partial or total destruction or a major change in actual use or to the gross illegality of the assessment when made, or to any abnormal causes, shall be made within ninety days from the date any such cause or causes occurred , the same to take effect at the beginning of the quarter following the re-assessment
LISTING OF REAL PROPERTY FOR ASSESSMENT PURPOSES
REAL PROPERTY SHALL BE LISTED AND VALUED IN THE NAME OF THE OWNER OR ADMINISTRATOR OR ANYONE HAVING LEGAL INTEREST IN THE PROPERTY.
THEY SHALL BE ENTERED AND ASSESSED IN THE SAME MANNER AS THAT OF AN INDIVIDUAL
VALUED AND LISTED IN THE NAME OF THE ESTATE, OR THE HEIRS WITHOUT DESIGNATING THEM INDIVIDUALLY; PROVIDED THAT THE HEIRS OR COOWNERS SHALL BE LIABLE SEVERALLY FOR ALL OBLIGATIONS AND FOR THE PAYMENT OF THE REAL PROPERTY TAX
TO WHOM SHALL REAL PROPERTY BE LISTED AND VALUED? HOW ARE THE REAL PROPERTY OF A CORPORATION, PARTNERSHIP OR ASSOCIATION LISTED? HOW IS THE UNDIVIDED REAL PROPERTY OF A DECEASED PERSON LISTED and VALUED?
CANCELLATION OF ASSESSMENTS IN CASE SEVERAL ASSESSMENTS ARE MADE ON ONE PROPERTY
IN CASE OF SEVERAL ASSESSMENTS ARE MADE ON ONE AND SAME PROPERTY, THE DUTY OF THE ASSESSOR IS TO CANCEL ALL THE ASSESSMENTS, EXCEPT THE ONE PROPERLY MADE. However, if any assessee shall object to the cancellation of the assessment made in his name, such assessment shall not be cancelled but the fact shall be noted on the tax declaration and assessment rolls. Preference, however, shall be given the assessment of the person who has the best title to the property or in default thereof, the person who has in possession of the property.
WHEN TWO PERSONS HAVE DECLARED IN THEIR NAMES THE SAME PROPERTY OR A PORTION THEREOF AND WERE ISSUED CORRESPONDING TAX DECLARATIONS, WHAT TO DO?
NOTATION SHALL BE MADE ON THE FACE OF EACH TAX DECLARATION OF THE FACT THAT THE PROPERTY OR PART THEREOF IS ALSO DECLARED IN THE NAME OF THE OTHER PERSON
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Lands actually and principally used for residential, agricultural, commercial or industrial or mineral purposes shall be classified and valued according to the schedule of unit base market values and assessed at their corresponding levels of assessment, which shall be fixed thru an ordinance by the Sanggunian concerned.
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Lands located in areas of mixed land uses – In an area of mixed land uses, such as residential with commercial or industrial, the predominant use of the lands in that area shall govern the classification, valuation and assessment thereof.
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A lot or parcel of land classified and valued as commercial or industrial occupied by a building used both for residential and commercial or industrial purposes shall be assessed on the basis of the predominant use of the building .
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Lands actually, directly and exclusively used for cultural or scientific purposes, located in residential, commercial or industrial areas shall be classified and valued as residential, commercial or industrial in accordance with the schedule of base market values determined on the basis of that schedule.
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Lands owned by local water districts and governmentowned or controlled corporations rendering essential public services in the supply and distribution of water and/or generation and transmission of electric power, located in residential, commercial or industrial areas shall, likewise, be valued as residential, commercial or industrial in accordance with the schedule of base market values, and shall be assessed as special at ten per cent (10%) assessment level applied to the market value.
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If those special classes of lands are, however, located in areas of mixed land uses, such as residential with commercial or industrial, the predominant use of the lands in that area shall govern the classification and valuation of those special classes of land and shall be assessed at the corresponding levels of assessment.
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Lands actually, directly and exclusively used for religious, charitable or educational purposes located in residential, commercial or industrial areas shall be classified, valued and assessed as residential, commercial or industrial.
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If those lands actually, directly and exclusively used for religious, charitable or educational purposes are, however, located in an area of mixed land uses, such as residential with commercial or industrial, the predominant use of the lands in that area shall govern the classification, valuation and assessment of such lands
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Under no circumstances should more than one parcel of land be included in one declaration, In case one parcel lies partly within two or more barangays or districts, the names of all barangays or districts should be indicated and the areas corresponding to the barangays or districts determined. If a single parcel of land lies partly within two or more municipalities, separate declarations should be made for the area within each municipality, each as complete in all respects as if it were for a separate parcel.
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Appraisal by Stripping Method shall be adopted where the length of the land exceeds the established depth for residential area, , as determined by the local assessor and indicated in the Schedule of Fair Market Values. The Stripping Method shall not be applied for commercial and industrial property.
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Stripping method shall not apply to corner lots. For lands bounded by 2 streets which are not considered corner lots, the higher street value shall be applied provided that the value per square meter for the last strip shall not be lower than the value per square meter of lots in the other street.
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Subdivision Lots are not subject to Stripping Corner lots shall be valued with percentage increment as determined by the local assessor and incorporated in the duly enacted SFMV, provided that only the lot along the street with the highest value will be considered for the application of corner influence referred hereto. Adjustment for Frontage - Adjustment value for frontage shall be added to the valuation of all commercial lots fronting streets or roads. The same is applied by multiplying the length of frontage of the subject property in linear meters by 50% of the unit base value applicable thereof.
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Value Adjustments based on factors not specified In the SFMV, such as but not limited to the shape, topography, and blighted status of lands that adversely affect the value of the property being assessed, should be applied
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Roads or streets in urban subdivisions, unless already donated or turned over to the municipality or city, shall be listed in the name of the subdivision owner and shall be valued on the basis of the cost of cementing, asphalting or paving them with gravel and sand per square meter. The roads or streets shall be assessed at the rate not exceeding the assessment level applicable to lands located in the subdivisions.
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Undeclared real property discovered at any time or during a general revision of real property assessments shall be listed, classified and valued like similar properties in the locality and shall have back taxes assessed against it for the period during which it would have been liable if assessed from the time it became taxable,
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but in no case for more than ten years prior to the year of initial assessment; Provided, however, That the back taxes shall be computed on the basis of the applicable schedule of values in force during the corresponding period.
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Undeclared property if assessed is subject to back taxes for not exceeding ten years from the year of initial assessment. Thus the property shall be liable to tax payment for a maximum of eleven years, including the current year.
BACK TAXES, WHEN SUBJECT OR NOT SUBJECT TO PENALTIES ď Ž If such taxes are paid on or before the end of the quarter following the date the notice of assessment was received by the owner or his representative, no interest for delinquency shall be imposed thereon; otherwise , such taxes shall be subject to penalty at the rate of two percent (2%) per month or a fraction thereof from the date of the receipt of the assessment until such taxes are fully paid.
NOTIFICATION OF NEW OR REVISED ASSESSMENTS ď Ž
When real property is assessed for the first time or when an existing assessment is increased or decreased, the provincial, city or municipal assessor shall, within thirty days, give written notice of such new or revised assessment to the person in whose name the property is declared. PURPOSE OF SERVICE OF THE NOTICE OF ASSESSMENT Although the real property tax is levied against real property, it is the owner who pays the tax. Before that tax liability is fixed, he is entitled to a hearing on the assessment of his property; notice and hearing constitute part of due process in taxation.
TO WHOM AND WHERE NOTICE SHALL BE DELIVERED
The written notice together with the owner’s copy of the tax declaration shall be addressed to the person in whose name the property is declared. It may be delivered to him personally or to the occupant in possession of the property, or by mail to the last known address of the owner or thru the assistance of the barangay chairman.
The practice of just sending the owner’s copy of the tax declaration with a note stamped on the tax declaration saying “this serves as the notice of assessment should no longer be continued.
WHEN SHOULD AN ASSESSOR REFUSE TO ISSUE A TAX DECLARATION ď Ž
The provincial, city or municipal assessor shall not issue a tax declaration on real property without certification from the Director of the Land Management Bureau and the Community Environment and Natural Resources (CENRO)or their duly designated representatives that the area requested to be declared for taxation purposes is alienable or disposable, except when such lands are titled or have been occupied and possessed by national cultural communities prior to July 4, 1955.
APPRAISAL AND ASSESSMENT OF SPECIAL PURPOSE PROPERTIES
Special purpose properties are properties which are designed, constructed and developed for a specific use or purpose. By its very nature, this type of property is rarely offered for sale in the open market except as part of a going concern. Because of the special design and function, conversion of special purpose properties to other types of development or application is generally no economically feasible. In valuing special purpose properties, it is the Assessor’s responsibility to gather pertinent data and information and develop sound reasoning from the market to support conclusions of value. While all the appraisal methods should be considered, the Cost Approach to value is commonly applied in the appraisal of special purpose properties
APPRAISAL AND ASSESSMENT OF MEMORIAL PARKS 1. The land where the memorial park is developed shall be appraised according to the schedule of market values assigned to the immediate vicinity where the memorial park is situated. 2. The memorial park shall be assessed as a commercial property with the corresponding assessment level of 50%. 3. Memorial Park plots which are still registered in the name of the owner/developer shall still be assessed and declared as taxable in his name and shall be classified as commercial. Lots already transferred in the name of the buyer or are already used as burial ground shall likewise be assessed and classified as commercial and thereupon considered exempt.
REQUIREMENTS IN DECLARING MEMORIAL PARKS FOR TAXATION PURPOSES
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Memorial Park development plan, license to operate and license to sell; Approval of the Memorial Park development plan by the Local Sanggunian. Master list of saleable areas including list of sold plots that should be submitted at the end of every year; and The aggregate area for pathways and open spaces, which shall remain to be declared in the name of the developer, are recorded in the permanent assessment record.
APPRAISAL AND ASSESSMENT OF GOLF COURSES ď Ž
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Appraisal of a golf course, as in any other appraisal, include- location and property analysis, a highest and best use study, and a complete exploration of the sales comparison approach, income capitalization, and cost approach to value. The valuation of a golf course is similar to other appraisal problems with regards to general procedures. It is imperative that an appraiser should obtain a thorough knowledge of the golf industry and develop a familiarity with the game and course design in order to accurately identify the quality level of the golf course being appraised. All appraiser can use effectively all the approaches, but the quantity and quality of the date and the type of course being appraised are usually the factors that determine which approach would be most useful.
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The assessment of golf courses and the assessment level to be applied thereon, shall be based upon the classification determined by the respective local sanggunians, which may either be commercial with 50% assessment level or recreational with 30% assessment level. Although the Code does not include recreational as one of the classification of real property, the local sanggunian may on their own classify or reclassify real property as provided under pertinent provisions of Local Government Code.
APPRAISAL AND ASSESSMENT OF BUILDINGS ď Ž
Buildings are permanent structures, which are adhered to the land, generally used for residential, commercial and industrial and many other purposes.
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For the appraisal of buildings and other structures, the SBUCC shall be used. The SBUCC refers to the base unit cost of buildings per square meter including the additional items as may be determined by the assessor. It should conform to the structural designs, types and other amenities in accordance with Sec. 401 of R.A. No. 1096, otherwise known as the National Building Code of the Philippines.
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In case of a two (2)-storey building used both for residential and commercial or industrial purposes, the same shall be classified and valued in accordance with the Schedule of Base Unit Construction Cost and shall be assessed on the basis of the principal or predominant use of such building.
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A building wholly completed, or partly completed but occupied by the owner, will be subject to tax beginning from the year following that in which the same was completed or rendered habitable.
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Buildings used exclusively for residential purposes shall be classified and valued in accordance with the schedule of base unit construction cost. The same shall be assessed by applying the corresponding assessment levels for residential fixed by ordinance enacted by the local sanggunian.
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A building used both for residential and commercial or industrial purposes shall be classified and valued in accordance with the schedule of base unit construction cost and shall be assessed on the basis of the principal or predominant use of the building.
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Buildings and other improvements actually, directly and exclusively used for hospital, cultural or scientific purposes shall be classified and valued according to the schedule of base unit construction cost and shall be assessed at 15% of their market values.
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Buildings owned by local water districts and government owned or controlled corporations rendering essential public services in the supply and distribution of water and/or generation and transmission of electric power shall likewise be classified and valued in accordance with the schedule of base unit construction cost, and assessed at 10% of their market values. Churches, parsonages, convents, mosques and buildings and other improvements used actually, directly and exclusively for religious, charitable or educational purposes shall be classified and valued in accordance with the schedule of base unit construction cost, if applicable, otherwise on the basis of their replacement cost as of the year of appraisal, and assessed as residential on the basis of their depreciated values.
Appraisal of Multi-Storeys or High Rise Buildings ď Ž
Buildings built under R.A. No. 4726 (Condominium Act), shall have each unit or separate interest within the building and their common areas shall be independently appraised and assessed.
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Depending upon the enabling or master deed of the Condominium project, each separate unit should be appraised independently, whether or not the Condominium Certificate of Title is in the name of the corporation or individual person.
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Each separate unit shall have the same Unit Base Value. Number of rooms, toilet and bath and other internal amenities are important factors to consider for a more objective valuation
The common areas in the building should be appraised and assessed in the name of the Condominium Corporation or Association.
Indivisible portions of the Condominium building such as corridors, lobby, stairs, etc., shall be considered as among the common areas or common elements and shall be appraised and assessed as such.
Town house shall also be appraised and assessed in accordance with the above-mentioned provisions on the assessment and appraisal of condominiums.
The capital equipment such as machinery, elevators, water pumps and tanks of the condominium project shall be listed and assessed aggregately in the name of the Condominium Corporation or Association.
Parking Spaces not sold to respective unit owners in the building shall be considered as included in the common areas, and therefore assessed and declared in the name of the developer-owner or Condominium Corporation or Association, as the case may be, for taxation purposes.
Buildings and other structures subject to reappraisal and reassessment must be revalued in accordance with the current SBUCC.
Building and other structures already covered by existing assessments, shall always re-valued on the basis of the Reproduction/Replacement Cost New Less Depreciation (RCNLD) Approach
The loss in value or depreciation due to physical, functional or economic obsolescence must be considered in one application, or a combination of two or all of the three methods depending upon the building condition. Since depreciation is definite to occur in any manmade structure due to use, degree of maintenance, changing economic conditions and several obtaining factors, the rule on Reproduction Cost Less Depreciation (RCNLD) must be consistently applied every time a reappraisal is made. Loss in value if applied due to functional obsolescence shall be categorized and measured into curable or incurable deterioration. Loss in value due to economic obsolescence regarded as incurable shall be measured by sales comparison or rent loss.
Thank you.