THE DRAFT PROPERTY RATES BILL: A REVIEW OF SUBMISSIONS FROM STAKEHOLDERS IN THE AGRICULTURAL SECTOR

Johann Kirsten

Department of Agricultural Economics, Extension and Rural Development

University of Pretoria

A presentation to the Portfolio Committee on Provincial and Local Government on Tuesday 12 August 2003

1. Introduction

The brief for this presentation is to provide to the Portfolio Committee:

· A summary of the main elements of the submissions received from agricultural stakeholders

· To provide an independent assessment of the validity and credibility of these submissions and the main points of concern

· Some proposals of how agricultural land should be treated in the application of property rates in municipalities.

This is done in terms of my understanding of the important role of the agricultural sector in any society and more so the importance of the sector for the economic well being and growth of rural towns. I will apply my understanding of agricultural economic principles in the calculation of returns to agricultural land to judge certain of the submissions and I will also use my knowledge of the strategic plan of South African agriculture to present proposals that could help the Committee in its deliberations.

2. A summary of the common themes addressed in the different submissions

At the outset it is worth mentioning that my interpretation of the various submissions is that the majority of them are constructive, informative and very useful to the debates surrounding this bill. A minority is very negative and rejected the idea of levying property tax on farmland outright and is not very constructive in debating the shortcomings of the bill. However, there are a number of important suggestions put forward by the various stakeholders that should definitely be considered by the Committee. I will put forward the reasons for my position later. But first I summarise the main points of the various submissions under the following headings.

Impact on land value

It is argued that a tax on agricultural land (which is the most important production resource in farming) will lead to a considerable drop in the value of agricultural land, which could affect the collateral base of many farms. This will then limit the ability of farmers to obtain production credit, which could then affect levels of production with a potential range of negative consequences such as lower employment, lower foreign exchange earnings, etc. It is also argued that a tax on agricultural land would lead to reduced investment in improvements on land which again negatively influences productive capacity and thus land values.

Comment:

It is common knowledge amongst agricultural economists that the average return to agricultural land is around 5% - not very attractive to any investor. Any tax on land would therefore take away a proportion from this meagre return making investment in agriculture even less attractive. The consultant report submitted by Kwanalu unpack this argument very effective and the argument is also well supported by the submissions from Forestry SA and the Eshowe Entumeni Farmers association. All these arguments are in line with the standard theory and is a point that should be carefully considered -especially when the level of taxation is considered. Given these low returns any tax above 0.5% of agricultural land will have a considerable effect on land values and thus on the tax base.

 

Issues related to the valuation of agricultural land for tax purposes

All the submissions point to ambiguity of the definition of the term 'improved value' in relation to farmland. The submissions pointed to the complexities in valuing farmland. The improved value of agricultural land typically includes the value of crops, vineyards, orchards, which value is often more than the value of the land on which it is grown. The market value of land includes all these aspects but you cannot include this for the purpose of a land tax since the sales of crops, fruits, etc are a~ taxed through income or company tax. This implies that it cannot be included in the value of the property for the purpose of property rates. It is therefore argued by most submissions that this should explicitly be mentioned in the bill that these items be excluded from the valuation base.

Comment

This argument does make sense and l do not have much to add to the statements made by the various submissions. It clearly indicates that valuing farm land is very difficult which will put immense pressure on the resources of municipalities to train, retrain valuators and in many cases there will be tremendous litigation when the valuation base is disputed. In addition the value of crops on the land can change monthly which again will make valuation very difficult. Thus - it is important to exclude all growing/standing crops and orchards/vineyards from the valuation base for property rates purposes. The added complexity is then to determine the true value of the land or property - how do you determine that?

Level of taxation

Many of the submissions made comments about the level of taxation. In some municipalities rates of 2% of the value of the rateable property are mentioned and the negative effect of such a tax is well illustrated in many of the submissions. A comparison of land taxes in other countries is contained in the Kwanalu consultant report, which is very useful. The basic argument here is that our main trading partners do not tax agricultural land or tax it at very low levels. In addition many of the rich nations subsidise agriculture at extreme levels. Developing countries typically tax agriculture, which negatively influence the ability of these countries to compete internationally.

Comment

In many countries farmland is exempted from property tax or taxed at very low levels. This point is well taken and should form an important point to take into consideration. it also links to the discussion below related to the competitiveness of the agricultural sector.

An increased tax burden for farmers and the impact on profitability and competitiveness

Many stakeholders pointed to the large tax burden farmers already face and how that is going to be increased by the introduction of property rates on farmland. They list current taxes such as higher water tariffs; tollgates; RSC levies; estate duty; tax on diesel; VAT, etc. They then compare this with other countries where agriculture is treated very favourably with limited taxation and in fact large-scale subsidisation. This situation plus other factors increasing production costs namely minimum wages, sharp rises in prices of inputs and a new pricing dispensation for electricity hamper South Africa agriculture's ability to compete internationally. High production costs (including high taxes) affect your ability to compete with other exporters where they enjoy a much favourable treatment from government.

Comment

One can very easily interpret these arguments as typical farmer complaints. There is some element of this creeping into the submissions but on the other hand they are very right in indicating how unfair the international agricultural playing field has become. We tax our agricultural sector and expect from our farmers to compete internationally with farmers, which are heavily subsidised and not even taxed. Why don 't we create a much more conducive environment for our farmers so that they can investment more and employ more people? How do we expect our land reform beneficiaries to be successful if we create a dispensation where they are unlikely to succeed? I would argue that we should rather create incentives that reward farmers (or business) for doing things that government and society would like to see happening.

Questions about service levels to be obtained from municipalities

Most of the submissions argue that municipalities deliver virtually no services to the majority of inhabitants on farmland. Farmers sometimes provide many of the services themselves, e.g. sewerage, road infrastructure, water, refuge removal, social services, clinics, and even schools. Society is not rewarding farmers for these functions. In addition stakeholders argue that the 38 functions to be provided by municipalities are largely to the benefit of urban dwellers.

Comment

There is some merit in this argument I have personal experience where I have seen how farmers use their own equipment and staff to maintain secondary roads, which are the responsibility of the municipality (or RSC). So one of the important services of municipalities is increasingly being taken over by farmers themselves. There are many public goods in urban areas, such as street lighting, signage, roads, emergency services, etc which has to be funded through a tax such as property tax. Farmers do make use some of these facilities/services when they visit the town/city. But many of these services are more to the benefit to the urban dweller and it can therefore not be expected from the farmer which is not benefiting from the street light for example, to pay the same rates.

Impact on the strategic outcomes of the "Strategic plan for Agriculture"

Virtually all the submissions make mention of the Strategic Plan for South African Agriculture and how the introduction of property rates on agricultural land will compromise the desired outcomes of the strategic plan. Particular mention is made of how this bill will affect the second core strategy namely: "Global competitiveness and profitability".

Comment

From the comments made earlier it is fair to say that a large land tax could potentially impact very negatively on one of the key programmes under the strategic plan namely "the lowering the overall cost of production" which is required to become an important component of a competitiveness strategy. If this is not achieved it is most likely that the following strategic outcomes can be affected.'

· Increased creation of wealth in agriculture and rural areas

· Increased sustainable employment

· Increased incomes and increased foreign exchange earnings

· Imp roved investor confidence leading to increased domestic and foreign investment in agricultural activities and rural areas

· Pride and dignity in agriculture as an occupation and sector.

It is debatable whether the other 4 strategic outcomes will be negatively affected as a direct consequence of a land tax but the argument can easily be pushed to that extreme. Nevertheless introducing a land tax could have potentially large unintended consequences and thereby reduce the attractiveness of agriculture as a viable sector in the economy.

 

3. Does society adequately reward agriculture for all its functions it provides to society?

In this section I put forward additional reasons why careful consideration should be given when decisions about taxing agricultural land is made. In a sense these arguments provide additional understanding for the points made by the different stakeholders.

The international debate about the role of agriculture in society has moved into interesting terrain amongst policy makers in Europe, USA and Japan. Policy makers and governments in these countries now justify their favourable treatment of agriculture on the argument that agriculture is providing additional functions to society apart from the traditional roles of producing food, creating employment and earning foreign exchange. This new debate is currently being extended to developing countries in a project lead by the Food and Agricultural Organisation of the United Nations (FAO). I am part of this project and lead the South African case study and already we have successfully identified these other roles of agriculture. These additional roles include:

· An environmental role: the beauty of the agricultural landscape has a tourism value, appropriate and good agricultural practices prevent soil erosion, provide clean air, etc.

· A social role: Farmers provide a number of social services, which would have been provided by the state. People on the farm are cared by the farmer - if they are not employed by the farming sector they flock to rural towns and urban metropoles where it puts pressure on the municipalities to provide services, housing, schools, clinics, etc. By ensuring that agriculture employs as many people as possible we would avoid these additional costs to the municipalities and the ratepayers.

· A poverty and food security role: We have found in South Africa that households engaged in agriculture are less likely to be chronically poor and also less likely to show signs of malnutrition. Also growth in commercial agriculture has large positive impacts on the employment and income levels of the poorest communities.

· A buffer role: When macro-economic crises occur and people loose their jobs in the urban areas they return to their rural home where they engage in agricultural activities and thereby ensure that they are not totally destitute.

 

The argument here is that society is getting all of this for free and now society wants to tax agriculture further. In actual fact society should pay for these services agriculture provide - this is why European governments subsidise their farmers so that the society could enjoy the 'externalities' provided by agriculture. If we add this argument to the limited benefits farmers would enjoy from the services provided by municipalities it does make a compelling case for a differential treatment of agricultural land in a new property rates dispensation. To be in line with our major trading partners and competitors one could argue for complete exemption, but there might be some merit in levying a marginal tax rate on agricultural land of around 0.1% on the improved value of land (excluding crops, vineyards, orchards). Very few of the submissions totally argued against the introduction of property taxes and therefore one can buy a lot of good will by fixing a much lower rate for agricultural land. On the other hand it is most likely that the cost of value agricultural land would far exceed the potential income from tax on agricultural land. Then the option of total exemption might be the most logical choice.

4. Conclusion

My overall impression is that the submissions were all fairly honest and provided useful suggestions on how agriculture land should be treated in the Property Rates Bill. I have also provided additional arguments why we need to think differently about agriculture land - one of our nation's very scarce resources. Any rate of taxation of agricultural land will have so many complications that it is most likely that the income earned in the process will not cover the total cost of valuing the land and collecting the revenue. It is only at 4% or higher that it will make economic sense and then all profits or returns to land are taxed away, which will in effect mean that nobody wants to farm. The consequences in terms of the poverty and food security agenda's of government will be too ghastly to contemplate.