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PILOTs & Other Local Fees Presented by: Yasya Berezovskiy Regina Gieler Holly Szafarek Krsni Watkins PA 744 Professor Shea March 21, 2011
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What are PILOTs?
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Payments in Lieu of Taxes ◦ “The voluntary or negotiated payment made by tax-exempt organizations to local governments” (Murphy, 2010). Other local fees can include: ◦ Drainage fees ◦ Street light fees ◦ Elevator and fire inspections
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Where are PILOTs Most Appropriate? Municipalities with heavy reliance on property tax Areas where large amounts of total property are owned by nonprofits
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How are payments determined? PILOTs tend to be secretive, ad hoc agreements ◦ Similar nonprofits end up paying different amounts
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Why Nonprofits Pay Recognize the value of services received from local governments and are willing to pay their fair share Act of goodwill Pressure from local government ◦ Negotiate to avoid mandatory payments
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Historical Roots of PILOTs Property tax exemption derives from British common law Becomes the rule around the mid- nineteenth century 1859-Kansas exempts churches from taxation
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Why the Current Debate? Financial strain on local governments ◦ Loss in federal aid ◦ Erosion of property tax base Increased scrutiny of nonprofits ◦ Recent scandals ◦ Increasing commercialization
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Normative/Philosophical Questions Tax exemption as government subsidy or a nonprofit entitlement? How voluntary are PILOTs, anyway?
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Arguments in Favor of PILOTs Nonprofits benefit from core city- provided public services Revenue generated from PILOTs can be used to improve public services, lower property tax rates for citizens, and/or pursue other public projects Reduce taxation inequities amongst nonprofits Export tax burden to non-residents
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Arguments Against PILOTs Nonprofits contribute in nonmonetary ways PILOTs may force nonprofits to reduce services Inconsistency and lack of transparency
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Implications Brace for more tax encroachment Educate public Reveal inconsistencies with corporate tax breaks
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