New Farm Property Owners and Property Taxes:
What You Need to Know

Table of Contents

1. Policy
2. What you need from the vendor
3. Next Steps
4. What if MPAC re-classifies your new property?
5. Applying for the reduced rate for the future
6. What is a gross farm income start-up exemption?
7. For further information

Policy

Under the Assessment Act regulation that came into effect in January 1998, eligible farmlands can be classed in the Farm Property Class and taxed at 25 per cent of the municipal residential rate.

Eligibility criteria for this class are:

1. The property must be assessed and valued as farmland. This is determined by the Municipal Property Assessment Corporation (MPAC).
   
   
2. The property must be used as part of a farming operation generating Gross Farm Income (GFI) of at least $7,000 as reported to Canada Revenue Agency for income tax purposes.
   If the GFI is less than $7,000, you may still be eligible for the Farm Property Class tax rate if you satisfy the requirements for an exemption.
   
   
3. More than 50% of the property must be owned by Canadian citizens or permanent residents of Canada.
   If the property is owned by a business which is a sole proprietorship, the owner must be a Canadian citizen or permanent resident.
   If the property is owned by a business which is a partnership, more than 50% of the profit or loss of the partnership must be allocated to the partners who are Canadian citizens or permanent residents.
   If the property is owned by a business which is a corporation, more than 50% of the voting shares must be owned by a Canadian citizen or permanent resident.
   
   
4. A valid Farm Business Registration number is required for the farm business operating on the land, unless one of the exemptions applies and is granted. Under the Farm Registration and Farm Organizations Funding Act, a farm business generating Gross Farm Income of at least $7,000 as reported to Canada Revenue Agency for income tax purposes must register annually with AGRICORP (1-866-327-3678). Continued eligibility for the Farm Property Class tax rate requires the yearly renewal of your Farm Business Registration number.
   

Farm property that does not meet these eligibility criteria is classed in the Residential Property Class, and taxed at the full rate set by the municipality.

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) administers the application process for the Farm Property Class Tax rate, and is responsible for reviewing the above eligibility criteria before a property can be placed in the Farm Property Class.

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What you need from the vendor

In order to confirm the current assessment and tax rate classification for the property, the documentation that would assist in providing the complete picture includes:

• The most recent Notice of Property Assessment.
  
  
• The most recent property tax bill.
  
  
• A copy of the completed Farm Property Class tax rate application.
  
  
• Information on what has been done to ensure that the farmland property remains eligible for the 25 per cent tax rate for the next year (e.g. did the vendor register the farm business in the current year, to be eligible for the Farm Property Class next year).
  

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Next Steps

On transfers of farm property or a change in the use of the property, actions taken by MPAC and the options available to the new property owner will be based on the status of the property at the time the tax roll closes.

For example, if the property is assessed as a farm by MPAC and in the Farm Property Class (indicated by Farm Taxable: Full on the Notice of Property Assessment) for the 2008 taxation year, at the time the 2008 taxation roll closes, there are two alternatives:

1. In situations involving a new property owner who is not going to continue to farm the property, MPAC may issue a supplementary assessment to reclassify the value of the property and also place the property in the residential property class for tax rate purposes. The new owner will pay the residential tax rate for the remainder of the taxation year.
   
   
2. In situations involving a property being purchased by a farmer, who owns other land that has been classified in the Farm Property Class for 2008, or a new owner who starts farming and who meets the eligibility criteria, MPAC may choose not to issue a supplementary assessment to reclassify the property. As a result, the property will remain in the Farm Property Class for the remainder of the tax year. This decision is often influenced by the time of year in which the property transfer occurs.

However, if the property is assessed as a farm by MPAC but is in the Residential Property Class (indicated by Residential Taxable: Full on the Notice of Property Assessment) for the 2008 taxation year, at the time the 2008 taxation roll closes, there are also two alternatives:

1. In situations involving a new property owner who is not going to farm the property, MPAC will not change the property classification and the new owner will also pay the residential tax rate for the remainder of the taxation year. This decision is often influenced by the time of year in which the property transfer occurs.
   
   If no longer being farmed, MPAC may also update the assessment value for the property. This may occur within-year or at the start of the next tax year.
   
   
2. In situations involving a property being purchased by a farmer, who owns other land that has been classified in the Farm Property Class for 2008 or a new owner who commences to farm the property and who meets the eligibility criteria, the new owner may contact OMAFRA and apply for the Farm Property Class tax rate for the remainder of the taxation year.
   

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What if MPAC re-classifies your new property?

If you receive a Supplementary Notice of Assessment that reclassifies the tax rate for your property so that it's taxed at the Residential Property Class tax rate (full rate), you can:

• contact the Ministry of Agriculture, Food and Rural Affairs for an eligibility review. This must be done by December 31 of the tax year.
  
  
• appeal to the Assessment Review Board. There is a 90-day time limit from the day you receive the supplementary notice to submit an appeal.
  

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Applying for the reduced rate for the future

Once the purchase is complete, make sure you apply to OMAFRA so that your property is classed in the Farm Property Class (the reduced rate) for the next year, as well as future years after that.

If you buy your farmland early in the calendar year, OMAFRA will normally send you an application, based on ownership change records received from MPAC. This application is used to determine the eligibility of your property for the following tax year. If your purchase date is after June, it's best to contact the ministry to advise the program administrator of the ownership change and request an application. The deadline for sending in your application will be printed on the form itself. Demonstrating that the eligibility criteria are met and meeting this deadline is very important. If you miss it, you will be required to pay the full residential tax rate on your farm property for the following year.

OMAFRA submits a list of properties meeting the Farm Property Class eligibility requirements to MPAC on an annual basis. MPAC then finalizes the property assessment rolls (for all properties, including farm properties) for delivery to municipalities in December in the year in advance of the actual tax year (e.g. December 2008 for the 2009 tax year). At this point, municipalities begin their budgeting process and setting tax rates to meet their local requirements.

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What is a gross farm income start-up exemption?

If your new farm operation does not yet generate $7,000 annually, you may still be eligible for the Farm Property Class and reduced tax rate if actively farmed in the year it was purchased.

To qualify, you must clearly demonstrate that the operation is being farmed and will generate the $7,000 income in future years. Information that should be provided to OMAFRA includes:

• crop production plans for the current and at least the second year, including crops to be grown, acreage, expected yield, and price, and/or
  
  
• livestock production plans for at least the first and second years, including the number raised, market weight/size and price, as well as
  
  
• projected income statements for at least years one and two
  
  
• you should also include any "actual" expenses incurred to date.

The information should show how the $7,000 minimum income will be made, and the minimum time-frame involved. The length of the start-up period must be realistic relative to the commodity being produced.

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For further information

Ontario Ministry of Agriculture, Food and Rural Affairs
Property Tax and Farm Finance Unit
1 Stone Road West
Guelph, Ontario
N1G 4Y2
Phone: 1-800-469-2285 (toll-free)
            (519) 826-3446
Fax:     (519) 826-3170
E-mail:  farmtax.omafra@ontario.ca
Web site: www.omafra.gov.on.ca
Please be ready with your owner ID number, name, address, property roll number and telephone number.

For further information and questions regarding your property assessment and value of the property, contact:

The Municipal Property Assessment Corporation
Phone: 1-866-296-6722 (toll free)
Web site: www.mpac.on.ca

For assessment or tax rate appeals, contact:

The Assessment Review Board
655 Bay Street
Suite 1200
Toronto, Ontario
M5G 2K4
Phone: 1-800-263-3237 (toll-free)
Fax: 1-866-297-1822
Web site: www.arb.gov.on.ca

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