Assignment-14
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Date
Jan 9, 2024
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Uploaded by DrTitanium9231
Real Estate Division
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Aman Preet Singh
Student No: 4304704
Course: Real Estate Trading Services Licensing Course 2023
Assignment No: 14
You have submitted this assignment on 2023-10-15
.
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Question 1
Who is NOT responsible, by statute, for the payment of real property taxes?
The life tenant of the property
The registered owner of an estate in fee simpleThe registered owner of an estate in fee simple
The registered holder of an agreement for sale
The residential tenant
Correct Answer: 4
Options (1), (2), and (3) are all definitions of an "owner" under the provisions of the Assessment Act
(section 1) and are therefore
all responsible for payment of real property taxes. A residential tenant is not responsible for payment of real property taxes.
Question 2
In British Columbia, most of the regulation regarding the use of private land comes from:
the local governments.
the provincial government.
the federal government.
both the provincial and federal governments.
Correct Answer: 1
Local governments have significant regulatory control over privately-owned land. In fact, local governments have more day-to-day
impact on privately - owned land than both the provincial and the federal governments combined.
Question 3
Which of the following statements is TRUE regarding an appeal of a decision of the Property Assessment Review Panel?
An appeal to the British Columbia Supreme Court from the Property Assessment Appeal Board can only be heard on a
point of law, not of fact.
An appeal can be made directly to the British Columbia Supreme Court from the Property Assessment Review Panel.
Only owners of assessed property can appeal a Property Assessment Review Panel decision.
Owners can appeal their property assessment as well as their property taxes.
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Correct Answer: 1
Option (1) is true, and therefore is the correct answer. An appeal from the Property Assessment Appeal Board to the British
Columbia Supreme Court can only be made on a point of law, not of fact. Option (2) is false because an appeal of a Property
Assessment Review Panel decision must first be made to the Property Assessment Appeal Board before appealing to the British
Columbia Supreme Court. Option (3) is false because any person, including a municipality, who is dissatisfied with the Panel's
decision, can appeal to the Property Assessment Appeal Board. Option (4) is false because property owners cannot appeal their
property taxes. Owners can only appeal their property assessment.
Question 4
Which one of the following statements best describes the difference between an assessment notice and a tax notice?
A tax notice is a request for payment, while an assessment notice is not.
Both notices are requests for payment, but a tax notice also provides a breakdown of the tax systems.
Neither statement is a request for payment; they both inform the owner of the assessed value of the property.
An assessment notice is used to supplement the assessment roll.
Correct Answer: 1
The assessment notice notifies property owners of the assessor's determination of actual assessed value of their property. A tax
notice requests payment of taxes.
Question 5
Which of the following is NOT regulated by zoning bylaws?
Change in ownership or occupancy of a building, structure, or land
The size, design, and location of advertisement signs in a given area
The number of buildings permitted on a given parcel of property
The number of parking spaces required for a 10,000 seat auditorium
Correct Answer: 1
Changes of ownership or occupancy of a building, structure or land are not regulated by zoning bylaws. Generally speaking,
zoning bylaws regulate the use of property, the location of buildings on the property and the form and shape of buildings on the
property.
Question 6
A non-profit organization owns several pieces of property in northern British Columbia that have been granted full exemption from
property taxation. Harry Hopkins, a self-employed geologist, has decided one of the properties is ideal for his use and has leased
the property. Which one of the following statements is TRUE regarding the tax status of the property?
The registered owner is responsible for the payment of real property taxes.
The real property taxes will include the value of a pipeline that crosses the property, even though the non-profit
organization does not own the pipeline.
Regardless of the tax status of the occupier of land, if the land is owned by a tax exempt organization there will be no
real property taxes owing on that land.
Where property is owned by a tax exempt organization but occupied by a non-tax exempt organization, the occupier is
responsible for payment of real property taxes.
Correct Answer: 4
Option (4) is true, and therefore is the correct answer. If a tax-exempt property is occupied by a non-exempt occupier, then the
non-exempt occupier is responsible for the payment of property taxes. Option (1) is false because the property has been granted
a full exemption from taxation because of its ownership by a non-profit organization. Option (2) is false because certain types of
continuous structures (including pipelines) may be assessed to the owner of the improvement, not the owner of the land. Option
(3) is false because if a tax-exempt property is occupied by a non-exempt occupier, taxes will be owing by the non-exempt
occupier.
Question 7
Sam wishes to purchase a 6-acre piece of farmland with the intention of developing it as a botanical tourist attraction and
amusement park. The land is located in the agricultural land reserve. Which one of the following statements is TRUE?
Although the property is within the agricultural land reserve it may be used for this non-agricultural purpose without the
need for Agricultural Land Commission approval because the land will not be irreparably removed from future
agricultural use.
Sam should insert a condition precedent into his offer to ensure that the Agricultural Land Commission approves his
intentions before he is committed to purchasing the property.
Sam should have the municipality agree to his subdividing the land into three two-acre parcels and thereby avoid the
agricultural land reserve problem altogether.
Both (1) and (2) are true.
Correct Answer: 2
There is no way that Sam can get around the agricultural land reserve problem. He must obtain a partial exemption from the Act
for his amusement park.
Question 8
Which of the following is NOT one of the usual three parts of a zoning bylaw?
The regulations applicable to each particular zoning district
An official community plan
An official map
General administrative and interpretation sections
Correct Answer: 2
Option (2) is correct because a municipality may, but is not obliged to, adopt an official community plan by bylaw; however, it is
neither a zoning bylaw nor one of the usual three parts of a zoning bylaw. Options (1), (3), and (4) are incorrect because zoning
bylaws usually consist of three parts: regulations applicable to each particular zoning district, such as what uses are permitted;
the official map which shows the location of each zone; and general administrative and interpretation sections applicable to all or
most zoning districts.
Question 9
Your friend Laurie is complaining about her property taxes. Laurie is a single 63-year old Canadian citizen, who is neither
handicapped nor a war veteran. She has lived in British Columbia for more than the past year and is the owner-occupier of a
house located in the City of Vancouver that is assessed at $430,000 and qualifies as an "eligible residence" as defined in the
Home Owner Grant Act
. There are no financial encumbrances on her house and her property tax liability for this year is $1,900.
Given the above information, what property tax relief can Laurie expect?
Laurie can claim a home owner grant of $845 and is eligible to apply for tax deferment under the regular program.
Laurie can claim a home owner grant of $170 and is eligible to apply for tax deferment under the regular program.
Laurie can claim a home owner grant of $570, but is not eligible to apply for tax deferment under the regular program.
Laurie can claim a home owner grant of $570 and is eligible to apply for tax deferment under the regular program.
Correct Answer: 4
Laurie qualifies for a $570 home owner grant, but she does not qualify for the $845 grant (she is not 65 years old, handicapped,
or a war veteran). However, since Laurie is over 55 years old, she is eligible to apply for tax deferment.
Question 10
Which of the following is NOT an example of an exempt supply of real property as set out in the Excise Tax Act?
A lease agreement for a term of 3 years
A ground lease agreement for a term of 6 months
The sale of a residential single family detached home in Kelowna that has been occupied for 3 months
The sale of a strata lot that has yet to be occupied as a place of residence by its three previous owners
Correct Answer: 4
Option (1) is incorrect because a long-term lease agreement, which includes a lease agreement for a term of 3 years, is an
example of an exempt supply of real property as set out in the Excise Tax Act
.
Option (2) is incorrect because a ground lease agreement is an example of an exempt supply of real property as set out in the
Excise Tax Act.
Option (3) is incorrect because the sale of a used residential property that has been previously occupied is an example of an
exempt supply of real property as set out in the Excise Tax Ac
t.
Option (4) is correct because the sale of a residential property that has yet to be occupied is considered a taxable supply of real
property as set out in the Excise Tax Act
.
Question 11
Amrit has built a home in Victoria, which has yet to be occupied as a place of residence. He decides to move to Montreal for a
few years and rents out the home for a 3-year term to a friend of his to live in while Amrit is out of the city. Which of the following
statements regarding the tax status of the home is correct?
The move-in by the long term tenant triggered the self-supply rule and GST is owed by Amrit on the property.
Amrit has not triggered the self-supply rule because he has not yet moved into the home and therefore does not owe
GST until the property is sold to a third party.
Amrit triggered the self-supply rule under the Excise Tax Act
. He owes GST on the property and will also be responsible
for collecting and remitting GST upon sale of the property.
GST will be owed only if Amrit gives the renter the option to purchase the property outright.
Correct Answer: 1
Option (1) is correct and option (2) is incorrect because the self-supply rule not only applies when the builder moves into the
home they have built but also when the builder rents out the home to a long-term tenant prior to a sale. Amrit owes GST but he
can probably recover GST paid on the construction costs through an input tax credit or non-registrant rebate.
Option (3) is incorrect because if the self-supply rule is triggered, GST is owed immediately and not owed again once the property
is sold.
Option (4) is incorrect because the option to purchase the property does not affect whether Amrit owes GST. The move-in by the
long term tenant triggered the self-supply rule and therefore Amrit owes GST immediately.
Question 12
Some real property may have an actual value for real property taxation purposes which is lower than market value because:
the property is owned by a non-profit organization.
a statute provides that it is assessed based on current use.
the owners qualify for tax deferment.
the property has been lived in continuously for 5 years.
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Correct Answer: 2
Option (2) is correct because section 19(8) of the Assessment Act
states that the actual value of certain residential properties
may be based only on current use. If the resident-owner of a property has lived continuously in the residence for ten years, the
resident-owner has made applications with the assessor each year, and the property has been zoned for a higher use or
influenced by other non-residential uses of adjoining properties, the actual value for property taxation purposes may be based on
current use, which may be lower than market value. Option (1) is incorrect because the nature of the owner has no bearing on the
value of the land for taxation purposes although it may be relevant for tax exemptions. Option (3) is incorrect because when
home owners qualify for tax deferments, they obtain a reduction in their net property taxes. However, this has no impact on actual
value of the property.
Option (4) is incorrect because the fact that a property has been lived in continuously for 5 years does not change the value of
real property for taxation purposes.
Question 13
Which of the following statements about improvement districts is FALSE?
Improvement districts are established by the provincial government following a petition by the residents of the area
involved.
Improvement districts are limited to rural areas only.
Improvement districts are governed by elected trustees who may pass bylaws to carry out the district's objectives.
The main powers of improvement districts relate to the construction, operation or maintenance of utilities in rural areas.
Correct Answer: 2
Option (2) is correct because the boundaries of an improvement district may include areas within a municipality. Although
improvement districts are generally located in rural areas, this is not necessarily the case. Options (1), (3), and (4) are incorrect
because they are all true statements.
Question 14
Which one of the following properties would NOT qualify for a property tax exemption?
A local high school
A privately owned ski-lift facility operated on Crown land
Churches and other public places of worship
The Surrey Municipal Hall
Correct Answer: 2
Crown land is generally tax exempt. However, a private company is not a tax exempt organization, and if it is operating on Crown
land it will be required to pay real property taxes. Thus, Option (2) will not qualify for a property tax exemption because it is a
privately owned facility.
Question 15
Bert recently proposed a subdivision plan which was accepted by the approving officer. Bert is anxious to find out what may be
required of him under subdivision bylaws. Which of the following requirements or regulations could NOT be imposed on a
subdivider such as Bert?
The requirement to provide roads and street lighting
The requirement to set aside land for a park or school
A building scheme for the residences to be built in the subdivision
The duty to protect riverbanks within the subdivision from development
Correct Answer: 3
Subdividers of land may be subjected to a number of requirements and regulations. A building scheme is not one of those
regulations, but rather a method used by developers themselves to maintain aesthetic uniformity in a new housing development.
Question 16
You own a house in Nanaimo and owe $1,134.82 for general taxes. If Nanaimo's general tax mill rate is 4.829, what is the net
taxable value of your house? Round your answer to the nearest $100.
$235,000
$548,000
$54,800
$23,500
Correct Answer: 1
Net taxable value is calculated by dividing the gross taxes given for the general tax by the general tax rate (in thousands). The
net taxable value is $235,001.04, which is rounded to $235,000.
Question 17
Tussaud bought a large piece of property in the Vancouver area on which she constructed a wax museum. The area was
subsequently rezoned to residential use. What will most likely be the new status of Tussaud's tourist attraction?
Under the new zoning bylaw, the museum will be deemed an illegal use of land and Tussaud will be forced to shut it
down.
The museum may continue operation as a legal non-conforming use of the land, but only while owned by the original
owner, Tussaud.
The museum may continue operation as a legal non-conforming use, but may lose this status if it shuts down for more
than 90 days.
Tussaud will only be able to continue operation of the tourist attraction in this area if she applies for and is granted a
development variance permit.
Correct Answer: 3
Option (1) is incorrect because zoning bylaws cannot be retroactive. Option (2) is incorrect because the status of legal
non
‑
conforming use of land may continue through successive changes in ownership. Option (3) is correct because the status of
non
‑
conforming use will be lost if the use is discontinued for more than six months (90 days in Vancouver), unless the
discontinuance is part of normal seasonal or agricultural practice. Option 4 is incorrect because a development variance permit
cannot vary the land use provisions in any bylaw.
Question 18
Which of the following is NOT a type of bylaw enacted by local governments?
Zoning bylaws
Strata bylaws
Building bylaws
Subdivision bylaws
Correct Answer: 2
Strata bylaws are enacted by strata corporations rather than local governments.
Question 19
Which of the following is NOT an example of a legal non-conforming use?
Elizabeth has just purchased a corner grocery store from Tom, who had owned it for 5 years. Last year the zoning was
changed from commercial to residential.
Della operated a law office in 25% of a building located in an area which has just been rezoned from commercial to
residential. Della's practice is booming and she has expanded her office to occupy 50% of the building.
Mizuho runs a deli in an area which was last year rezoned from commercial to residential. To accommodate her
expanding catering business she has just constructed a 400 square foot addition off the back of the building.
Gina runs a souvenir shop in Whistler, which she closes every year for three months from early September to late
November. The zoning has been changed from commercial to residential.
Correct Answer: 3
Option (3) is correct because an addition to a building cannot be used for a non-conforming use unless it is required by law or
permitted by a board of variance. Option (1) is incorrect because a non-conforming use may continue through successive
changes in ownership. Option (2) is incorrect because a non-conforming use in part of a building may be extended throughout an
existing building. Option (4) is incorrect because a non-conforming use loses its status if the use is discontinued for a continuous
period of six months (or 90 days in Vancouver), and since Gina's closure is only for three months and is not in Vancouver, it will
be permitted to continue as a legal non-conforming use.
Question 20
Which of the following statements is FALSE?
Valuation of real property for property taxation purposes is done annually.
In the regular deferral program, a minimum of 25% equity in your home is required to qualify, whereas in the families
with children program, only 15% equity is required.
For property tax purposes, an important consideration when assessing the value of improvements such as pipelines
and utility cables is the selling price of those improvements in the open marketplace.
For property taxation purposes, a given tax rate applies with respect to each $1,000 of net taxable value.
Correct Answer: 3
Option (3) is false, and therefore is the correct answer. Statutes provide for special assessment of utility and industrial land
improvements because of the absence of market evidence on which to determine actual value. Option (1) is true because
valuation of real property for property taxation purposes is done annually. Option (2) is true because in the regular deferral
program, a minimum of 25% equity in your home is required to qualify, whereas in the families with children program, only 15%
equity is required. Option (4) is true because for property taxation purposes, a given tax rate is applied to every $1000 of
assessed value of the property, less any exemptions that apply. This is called the mill rate.
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