School Tax Reimbursement – The Past and The Future Malane Pike S.C. Department of Revenue October 13, 2008

New Property Tax Relief – NPTR The New Homestead Exemption Fund Tier 1 – The old $100,000 property tax relief fixed at the rate Tier 2 – The school operating portion of the old homestead exemption for those 65 and older, blind, or totally and permanently disabled fixed at the rate. Tier 3 – School operating millage on owner occupied residential property

Formula for Tier NPTR File Minus Old $100,000 Property Tax Relief Minus Homestead School Operating Plus “The Bump” Minus Lease Purchases for Capital Improvements

Payment Timeline Tier 1 (Old $100,000 Exemption) 90% by December 1 st Balance by last quarter of fiscal year Tier 2 (Old Homestead Exemption) Paid by last quarter of fiscal year Tier 3 (New Property Tax Relief) 9 equal monthly installments beginning October 15 th Final adjusting balance payment by the close of the state’s books for the fiscal year

Timeline of Events October 2007 Office of Research and Statistics estimated NPTR payments and DOR made first 1/10 th payment. March – April 2008 DOR received NPTR files from the county assessors. May 2008 Realized problem with Lease Purchase Millage for Capital Construction. DOR asked school districts who included this in school operating to come forward.

Timeline of Events (Cont.) May – June 2008 DOR audited reported financial records of School Districts to detect lease purchases for capital improvements.. May – July 2008 DOR conducted county audits of legal residences submitted on NPTR files. June 2008 DOR called every school district to confirm existence or nonexistence of lease purchase agreements.

Timeline of Events (Cont.) July 1, 2008 Deadline to resubmit NPTR file to include additional legal residences. Law suit filed against DOR on the Lease Purchase issue. August 2008 DOR made reconciliation payment to the counties. October 2008 Office of Research and Statistics estimates NPTR payments and DOR makes first 1/10 th payment.

Lease Purchase Issue Office and Research and Statistics and DOR discovered that certain school districts had included lease purchases for capital improvements in school operating millage. DOR issued Property Opinion # along with a Memo asking school districts who had requested reimbursement for such lease purchase millage to come forward and identify the amounts. DOR subsequently audited reported financial information of each school district to determine which school districts to adjust.

Types of Lease Purchases that Were Reimbursed Lease Purchases for Personal Property (e.g. computers, copiers, faxes, postage meters, audio visual equipment, etc) Lease Purchases for Johnson Controls contracts (aka efficiency contracts)

Law Suit Involving Lease Purchases Brought by Berkeley, Orangeburg District 5, and Spartanburg District 5 Has been brought in the original jurisdiction of the S.C. Supreme Court S.C. Supreme Court has disallowed discovery – Court has not indicated if it will allow oral argument. Briefs have been filed by the Plaintiffs. DOR is currently preparing its Brief.

School Districts Adjusted for Lease Purchases for Capital Improvements Berkeley Charleston Florence District 3 Orangeburg District 3 Orangeburg District 5 Spartanburg District 1 Spartanburg District 5

How the Lease Purchase Adjustments Were Determined Used information from most recent Local Government Report (2006) Computation: Assessed Value of Residential Property Divided by Assessed Value of All Property Multiplied by Total Lease Purchase Amount

What Happened Next in the Lease Purchase Saga Each school district was notified of: 1.Total lease purchase amount 2.DOR computation of adjustment 3.Time period to dispute accuracy of DOR information One school district provided a correction

Reimbursements for Reimbursements are now solely computed by Office of Research and Statistics DOR has provided the Office of Research and Statistics with the amount of Tax Replacement dollars paid (i.e. not including supplemental amounts paid to get to $2.5 million) less late filed homesteads. Office of Research and Statistics has provided DOR with new payment for Counties should be receiving 1 st checks this week.

Computation of Reimbursement for Tax Replacement Amounts from will be increased by: an inflation factor equal to the % increase in CPI for the SE Region for the previous year PLUS % increase in population of the state in the previous year. If the total increase is less than 4%, it will be increased to 4% if funds are available

% Change in CPI and Population Growth Used for Reimbursements % change in Southeastern CPI = 2.91% % change in Population Growth Statewide = 1.79%

Computation of Reimbursements (Cont.) All of the increases will be aggregated and apportioned out to the school districts based upon the following: Each district’s weighted pupil units as a % of statewide pupil units with an additional add on of 0.20 for students in poverty

Poverty Weighting Revenues generated by the poverty weighting must be used to provide: 1.Services and research based strategies for addressing academic or health needs of these students; 2.Summer school; 3.Reduced class size; 4.After school programs; 5.Extended day programs 6.Instructional Materials 7.Any other research based strategy to improve student academic performance

$2.5 Million Supplemental for For those counties whose school districts collectively will not receive at least $2.5 million for tax replacement this year, the law guarantees that the county will receive at least $2.5 million in total.

$2.5 Million Supplemental for (Cont.) Computation of Distributions to the School Districts: 135 day average daily District membership Divided by Total average daily membership in all districts in the county Multiplied by Amount of supplemental funds received to bring county reimbursement up to $2.5 million