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Board finalizes vacant unit tax rebates for 2015 and 2016 based on parties' joint submission.
The Assessment Review Board issued a final decision regarding vacant unit tax rebates for an industrial complex for the 2015, 2016, and 2017 taxation years.
Following an interim decision, the parties submitted agreed-upon calculations for the rebates.
The Board corrected minor clerical errors in the interim decision and ordered the municipality to pay the agreed rebate amounts for 2015 and 2016, while dismissing the appeal for 2017.
Vacant unit rebate appeal allowed in part where only one area was clearly delineated and empty.
The appellant property owner appealed the municipality's denial of vacant unit tax rebates for three areas of its industrial property for the 2015, 2016, and 2017 taxation years.
The Assessment Review Board found that two of the areas were not eligible for the rebate because they contained obsolete machinery and office furnishings, and were not clearly delineated or separated by physical barriers as required by O. Reg. 325/01.
However, the Board found that a portion of the third area was clearly delineated and vacant, and therefore eligible for the rebate.
The Board also held that the appellant was entitled to carry over its 2015 application to 2016, and that the 90-day eligibility rule was satisfied for a 51-day vacancy period in 2017 due to continuous vacancy from the prior year.
The appeal was allowed in part.
