THE PROPERTY TAX.

New Zealand Herald, Volume XVII, Issue 5758, 1 May 1880, Page 6

THE PROPERTY TAX.

Iff terms of an official notification advertised in the public prints, in accordance with section 30 of the Property Assessment Act, 1579, all persons in the district of Auckland mast, without fail,'on the 30th June next, furnish the Property Tax Commissioner with statements of all real and personal property belonging to them, or render themselves liable to penalty for neglect. The clauses of the Act referring to the manner o£ furnishing returns and making assessments provide (1) That the commissioner must give not less than one month's notice of time and place at which all persons shall be required to furnish statements of real aud personal property. (2) Every person shall apply for the forms prescribed for furnishing accurate statements of his property, and any person failing to furnish suph statement shall not be exempt from penalty, or held excused because of receiving no personal notice to furnish the same, or because proper forms of return were not delivered to him. [Notice in the public papersisconsidered sufficient for all purposes, and though forms will be'left at every domicile, owners of property failing to thus obtain them must seek a Bupply from the proper officer.] (3) .Every person owning any property, no matter of what description, extent, or value, must, at the time and place mentioned, deliver in writing on the forms prescribed, and signed with his name, a statement "of the description, situation, and value of the real and personal -property belonging to such person, of every kind, and of all mortgages, encumbrances, and charges secured thereon respectively, and of all debts owing by such person for which he claims a deduction." To whioh statement shall be added a declaration " that the same is true and accurate in all particulars," and the estimated value of all property, or interests in property, included in such statements shall be the sum "it might be expected to bring if offered at public auction, for cash." It will be thus uuderstood that every person, even the man having nothing more than what hiß hat will cover, must make return of his property at his own valuation, estimating at the sum it might be expected to bring at a- public auction for cash. Such statement, when prepared, may, in terms of clause 3u, " be posted to the address ef the deputy commissioner for the district," and this requirement once performed, there will be no other return required for three years, clause 37 providing that "as soon as conveniently may be in the year ISBO, and thereafter before the 31st March in every third year, the assessments of property shall be made in every district." The commissioner, or deputy commissioner, may, however,- under clause 3G, " when and so often as he thinks necessary, require any person to make a fuller or further return .of the true value of his property." ' Referring again to clause 32, in which reference is made to a return " of all debts owing by such person for whioh he claims a deduction," an explanation of this will be found in clause 12, which reads thus :—" All property within the colony of which any person is owner shall be liable to taxation, in respcct of so much of thi value thereof as shall exceed five hundred pounds sterling, but subject to the exemptions and deductions hereinafter provided." Among such deductions is included debts owing to the person making return, and of which he will be required merely to state the gross amount, deducting the amount from the value, to sell, of his property. In Crombie's Guide to the Property Assessment Act the point is thus referred to :—" All he has to do is to state the gross amount of debts for which he claims a deduction (clause 32). He can put this a3 much below the total of his indebtedness as he pleases, and this without breaking his declaration, which is to the effect that he actually owes the debt for which he olaims a deduction. He need not say that the sum is tho total of all his liabilities, but he is bound to declare that he gives all his property, which of course includes all debts due to him. Thej remark that a man need not claim a deduction for all hiß debts unless he likes, and thus elect to pay more tax than he ought, may seem like a grim jest; yet it is not, for it ia well known that in England many persons return their incomes at amounts much larger than they are, with an idea of keeping up their credit in some way, although how that is affected it is not so easy to see, for all returns are supposed to be secret." As soon as conveniently may be after receipt of returns, the assessments of property are to be made in every district. The assessors to be appointed may, under clause 38, enter at any reasonable hour daring the day time upon land and premises for the purpose of assessing real property, and may put to the occupier or owner thereof any questions touching any of the particulars thereof which he is required to furnish, and, under clause 40, "if the commissioner shall think that any assessment made by any assessor is unfair or incorreot, the commissioner may direct another assessment to be made in place thereof by any person whom he may select for that purpose." From the statements and lists to be furnished as aforesaid the assessment rolls for the various districts will be prepared, persons whose property does not exceed .in value £500 sterling will not be called on to pay any property tax, those whose property exceeds that amount will receive a sealed notice from the commissioner of the assessment of their properties. Every Buch notice will be endorsed " Sealed notice under the Property Assessment Act," as. a precaution against the same being,opened in the ordinary course of- business by others .than the particular person to whom it is' addressed, Shis is ia addition to the pre.

Cautions" "provided ia sections 8 and fll for . securing' tbe secrecy-of - aßsessinents,jmch, clauses reading thus «derk, { or other person appointed under th'S-Act, shall maintain and aid fin.- maintaining the secrecy of all matters that may come to ma knowledge in the performance rof his official, duties," and "Every commissioner, deputy commissioner, and reviewer shall, before ae, begins to act in the execution of this act take and subscribe such oath of .fidelity; ana secrecy as may be prescribed, before some person appointed by the Governor in that behalf." Clause 47 provides thati" any person who considers himself, aggrieved' by reason of any assessment in which he is PP r ", soDally interested may object," and the method of objection i 3 thus set forth : A day will be appointed for receiving objections in writing, aud a list of all such oDjectipns will be entered by the deputy commissioner in " the objection book," in the order in which they are lodged. The commissioner shall consider such objections, and if he thinks that any objection should be allowed, or that any person has a well-founded ground of complaint, he may alter or amend the assessment] roll accordingly, but if not then such objections shall be heard and determined as provided. That a day will be fixed for hearing such objections, and on the day appointed a board of reviewers will hear and determinethe same. ■ ■ , m ~ The reviewers, of whom the commissioner may be one, will be appointed by the Governor. Clause GO provides that " the meetings of the board, of reviewers shall not be deemed to be public, and the board may at any time, or from time to time, exclude from any such meeting, or require to.withdraw therefrom, all or any persons whomsoever." 1 The board may examine on oath,- call for : persons and papers, and generally exercise 1 all the powers and authorities conferred by the Commissioners Powers Act, 1867, and i Amendment Act, 1872, as thereby conferred i on memberß of a Commissioa appointed by 1 the Governor in Council. Clause 69 provides i that " the decision of the board of reviewers [ on all objections coming before it, and on all other matters coming within its cognisance • relating to the Assesment rolls, shall be final and conclusive."

During the time wherein any assessment roll is* in., force (that is within the three years period) the commissioner may (under clause 70) "from time to time, in respect of any roll —(1) Place thereon the name of any person o£ whose liability to taxation he is satisfied, and erase therefrom the name of any person not so liable. (2) Place thereon any property acquired by any person since the making of the last assessment which he is satisfied is liable to taxation, and erase The commissioner, in his discretion, may detherefrom any property no longer so liable, crease any assessment, but nothing herein contained shall authorise him to increase any assessment already appearing on the roll." It is further provide!, that before making any alteration he must give notice to the persons affected, and that every one so affected shall be entitled to object and have such objection heard before any Resident Magistrate, who for the purposes of the section of the Act will have all the powers and authorities of a board of roviawors and the chairman thereof—(lt may be thus understood that the board of reviewers will revise the new assessments, and hear appeals thereon once in every three yearß, and that the Resident Magistrate's Court will form an intermediary tribunal to deal with cases arising in the interval between the confirming of each triennial assessment).

Receivers or collectors of the tax will be appoiated, notice will be given of time and place where payment must be made, and the penalty for nonpayment, after demand in writing, will be an addition of ten per centum to the amount unpaid, and summary recovery at law. Where there are no goods or chattels to seize, land may be sold in payment o£ arrears, after Bix months' notice, and the commissioner is empowered to give sufficient title' thereto. If the owner fails to pay taxes, the remedy will be aeainst the tenant, who will be entitled to recovery. The penalties for' wilful failure or neglect in making returns during the prescribed time, for making false statements, or evasions, of assessment of property, are these : The person offending shaU.be assessed and charged treble the amount of tax sought to be evaded, and also be held liable to forfeit a penalty of not less than five nor more than one hundred pounds. Any abettor in evasion will be liable to a find of not less than five nor exceeding fifty pounds. The returns, which will be printed in tabulated form, will," in the filling up, comprise the usual particulars required for rating real or leasehold property, for municipal or county purposes, together with the owner's or holder's estimate of value and statement of amount owing on mortgage or otherwise, and the name and address of the mortgagee. Returns of personal property will comprise, under separate heads, the value of live stock, produce, merchandise, stock-in-trade, furniture and household goods, including jewellery plate, works of a*t, books, - and all other personal property, money secured on mortgage, money secured on bill-of-sale or other instrument, and other debts owing t."> the person makiog return. From the total of these amounts he will be entitled to specify in gross, and deduct debts due by himself on biils-of sale or similar instruments and other debts due by him. Incorporated companies will have to make return of— Name and address of company, name and address of their public officer, place or principal operations, total value of assets (at marketable value and not including unpaidup capital), total liabilities (not including amounts received in respect of share 3 issued), market value of shares in the company at date of return. Exemptions.—The following property is held exempt from taxation : — (1) Agricultural implements in actual use. (2) All property of the Crown, or of any local body, or of any company or society ef persons not formed wholly or mainly for the purpose of gain or profit divisible among the shareholders. (3) Churches and other places used exclusively for public worship. (4) Property of or vested in any public body, society, or persons, and used only for the purposes of public health, or recreation. (5) All property of or vested in any body or persona for public, charitable, or public educational purposes. (G) All public reserves. (7) All property of Maoris. (8) All property owned in reversion, remainder, or expectancy of any kind, in which the owner has no present beneficial interest. (9) All vessels of every kind. (10) All policies of life assurance.