HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/07/2020 - FIRST READING OF ORDINANCE NO. 009, 2020, AMENDINGAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY January 7, 2020
City Council
STAFF
Jennifer Poznanovic, Project and Revenue Manager
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 009, 2020, Amending Certain Sections of Chapter 25 of the Code of the City of
Fort Collins to Provide a Sales Tax Exemption for Mobile Homes.
EXECUTIVE SUMMARY
The purpose of this item is to add a partial sales tax exemption for new mobile/manufactured home sales in the
City and a total exemption for used mobile/manufactured home sales. The City currently applies sales tax on
all mobile/manufactured home sales, whereas the State of Colorado and Larimer County exempt all
mobile/manufactured home sales from sales tax. Conventional (site-built) homes pay sales or use tax on
materials used in construction and there is no sales tax for subsequent sales of the site-built home. All
mobile/manufactured homes and site-built homes pay property tax based on the assessed value.
Exemption options were discussed with Council Finance Committee in December. The Committee supported a
50% sales tax exemption on the initial new purchase of a mobile/manufactured home and a complete
exemption on all subsequent sales.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Earlier this year City Council asked for sales tax data on mobile homes. For purposes of this discussion, the
terms mobile home, manufactured home, and mobile/manufactured home may be used interchangeably to
refer to the same types of structures. The City does not exempt sales tax on mobile/manufactured homes
sales. According to data from the Larimer County Assessor’s Office, in 2017 and 2018 there were 181 mobile
home sales in Fort Collins, an average of 90 per year. Sales tax over the two-year period was $176k or roughly
$88k per year.
As of July 1, 2019, the State of Colorado and state collected jurisdictions (such as Larimer County) exempt all
manufactured homes sales from sales tax (House Bill 18-1315).
City Code does not differentiate between mobile and manufactured homes (manufactured homes is a term
introduced into law to refer to certain mobile homes after the adoption of the federal Mobile Home Construction
and Safety Standards Act of 1974) but are considered the same in practice regarding taxation. Currently, there
are approximately 1,400 mobile/manufacture homes in Fort Collins and approximately 2,100 in the Growth
Management Area (GMA).
Tax treatment (sales tax and property tax) varies for mobile/manufactured homes and site-built homes. A
summary is provided below:
Agenda Item 12
Item # 12 Page 2
• The State and the County exempt mobile/manufactured homes from all sales tax (new and used)
• The City applies sales tax to the full purchase price on all mobile/manufactured home sales (new and
used)
• Site-built homes pay sales tax on the materials used in new construction; there is no sales tax on
subsequent sales
• All types of dwelling units pay property tax based on the assessed value
Peer City Review
In a review of eleven self-collected home rule cities, each one includes mobile homes in their definition of
automotive vehicle, which suggests mobile homes be treated as automotive vehicles for tax purposes. This
definition of automotive vehicle is a product of the Colorado Municipal League’s (CML) organized effort
engaging municipalities to adopt standard sales tax definitions, which the City participated in. However, in
other cities’ codes, there are various terms and definitions for these types of structures, such as manufactured
home, factory-built housing, or factory built residential structures.
Five cities, including Fort Collins, do not have exemptions on mobile/manufactured homes. Those with
exemptions:
• Either exempt after having been taxed once or;
• 48% exempt for first sale and subsequent sales are exempt
Proposed Exemption Options
1. Exempt all mobile/manufactured home sales from sales tax
2. Apply sales tax on initial purchase of new mobile/manufactured home and exempt all subsequent sales
(100% or a percentage)
Staff recommends Option 2 with a 50% exemption on the initial new purchase. The intention is for
mobile/manufactured and site-built homes to be taxed similarly. Site-built homes require a 50% deposit of total
estimated construction valuation. When the project is complete, the remaining tax liability is calculated using a
project cost report available from the City.
In December, the Council Finance Committee supported Option 2 with a 50% exemption on the initial new
purchase. During the discussion, the Committee supported a 50% exemption instead of a 100% exemption to
avoid blurry lines between manufactured and site-built homes. The intention is to treat all residences similarly.
Chapter 25 Code Updates
The definition of “automotive vehicle” would be amended to exclude mobile homes, and a new definition of
mobile homes would be created so that these structures can be treated uniquely in the sales tax ordinances.
Amending the “automotive vehicle” definition would stray from CML standard definitions, which is within
Council’s authority and discretion.
Agenda Item 12
Item # 12 Page 3
The Code would be further amended to add an exemption from sales tax for mobile homes. The amendment
would exempt 50% of the purchase price of a new mobile home and would exempt entirely the sale of any
used mobile home. The Code would also be amended to ensure motor homes and recreational vehicles are
still taxed as automotive vehicles.
CITY FINANCIAL IMPACTS
Sales tax exemptions on mobile homes will result in decreased sales tax revenue. According to data from the
Larimer County Assessor’s Office, in 2017 and 2018 there were 181 mobile home sales in Fort Collins, an
average of 90 per year. Sales tax over the two-year period was $176k or roughly $88k per year.
BOARD / COMMISSION RECOMMENDATION
Mobile home sales tax exemption options were discussed with the Council Finance Committee in December
2019. The Committee supported Option 2, with a 50% sales tax exemption on the initial new purchase and a
full exemption on all subsequent sales. The Committee supported this exemption option to apply sales tax on
all homes (mobile/manufactured homes and site-built homes) similarly. Council Finance Committee
recommended bringing the recommended Code amendments to City Council for its consideration.
PUBLIC OUTREACH
There was no public outreach for this topic.
ATTACHMENTS
1. Staff presentation to Council Finance Committee, December 16, 2019 (PDF)
2. Council Finance Committee Minutes, December 16, 2019 (draft) (PDF)
Agenda
• Mobile Home Sales Tax Exemption Overview
• Proposed Options
• Council Finance Committee Direction
1
ATTACHMENT 1
Mobile Home Sales Tax Exemption
Overview
2
*According to data from the Larimer County Assessor’s Office
The City does not exempt sales tax on mobile/manufactured homes sales
• 181 mobile home sales in Fort Collins in 2017 & 2018*
• Sales tax estimate over the two-year period of $176k or roughly $88k per year*
• 1,400 mobile/manufactured homes & 2,100 in the GMA
• City Code does not differentiate between mobile and manufactured homes (per Safety
Standards Act of 1974) but are considered the same in practice regarding taxation
State and state collected jurisdictions (Larimer County) exempt all mobile/manufactured
homes sales from sales tax
• House Bill 18-1315
• Effective July 1, 2019
Mobile/Manufacture Homes
and Site-Built Homes
3
Tax treatment (sales tax and property tax) varies for mobile/manufactured homes and site-built homes
• The State and the County exempt mobile/manufactured homes from all sales tax (new and used)
• The City applies sales tax to the full purchase price on all mobile/manufactured home sale (new and used)
• Site-built homes pay sales tax on the materials used in new construction; there is no sales tax on subsequent sales
• All types of dwelling units pay property tax based on the assessed value
Sale Type State Sales Tax County Sales Tax City Sales Tax Property Tax
New manufactured home
purchase Exempt Exempt
100% of purchase
price
Per assessed
value
New site-builthome
100% of construction
material
100% of construction
material
100% of construction
material
Per assessed
value
Subsequentsales of
mobile/manufactured homes Exempt Exempt
100% of purchase
price
Per assessed
value
Subsequentsite-builthome
sales No No No
Per assessed
value
Peer Cities
Tax on Mobile Homes
• All peer cities reviewed include
mobile homes in their definition of
automotive vehicle
• Various terms and definitions for
mobile/manufactured home
exemptions
• Those with exemptions:
• Either exempt after having
been taxed once or;
• 48% exempt for first sale and
subsequent sales are exempt
4
CITY Exemption Comments
Arvada No Tax applied on new and used sales
Denver No Tax applied on new and used sales
Fort Collins No Tax applied on new and used sales
Littleton No Tax applied on new and used sales
Westminster No Tax applied on new and used sales
Aurora Yes
48% exempt for first sale, subsequent sales are
exempt if state tax was paid on sale of new housing
Boulder Yes Exempt after having been taxed once
Brighton Yes
48% exempt for first sale, subsequent sales are
exempt
Colorado Springs Yes Exempt after having been taxed once
Lakewood Yes
48% exempt for first sale, subsequent sales are
exempt
Parker Yes
48% exempt for first sale, subsequent sales are
exempt
Thornton Yes
48% exempt for first sale, subsequent sales are
exempt
Proposed Exemption Options
1. Exempt all mobile/manufactured home sales from sales tax
2. Apply sales tax on initial purchase of new mobile/manufactured home
and exempt all subsequent sales
(100% or a percentage)
5
Staff Recommendation
Option 2
Apply sales tax on initial purchase of new mobile/manufactured
home and exempt all subsequent sales
(50% exempt on initial sale)
• Intention for mobile/manufactured & site-built homes to be
taxed similarly
• Site-built homes require 50% deposit of total estimated
construction valuation*
6
*When the project is complete, the remaining tax liability is calculated using a project cost report
Proposed Code Updates
Both options would require Code updates:
• Update “automotive vehicle” definition to exclude mobile homes
• Add a definition of mobile homes/manufactured homes
• Mobile and manufactured homes are currently considered the same in practice regarding taxation
• Definition of manufactured home may need updating in other parts of Municipal, Land Use & Traffic Codes
• Adding & updating manufactured home definition would require legal review with other City departments
• Add an exemption for sales tax on used mobile homes or manufactured homes
7
Updating ‘automotive vehicle’ definition would stray from CML uniform definitions, which is within Council’s authority and discretion
Direction Sought
8
Does Council Finance Committee support option 2?
• Apply sales tax on initial purchase of new mobile/manufactured home
and exempt all subsequent sales
• 50% exempt on initial sale
• Update City Code
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Finance Committee Meeting Minutes
12/16/19
10 am - noon
CIC Room - City Hall
Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers
Staff: Darin Atteberry, Jeff Mihelich, Mike Beckstead, Travis Storin, Blaine Dunn, Jennifer
Poznanovic, Kevin Gertig, Lance Smith, Zach Mozer, John Phelan Jo Cech, Victoria Shaw,
Theresa Connor, John Duval, Katie Ricketts
Carolyn Koontz
Others: Kevin Jones, Chamber of Commerce
Dale Adamy, R1st.org
______________________________________________________________________________
Meeting called to order at 10:01 am
Approval of Minutes from the November 18, 2019 Council Finance Committee Meeting. Ross Cunniff moved for
approval of the minutes as presented. Mayor Troxell seconded the motion. Minutes were approved unanimously.
A. Sales Tax on Mobile Homes
Jennifer Poznanovic, Sr. Revenue & Project Manager
EXECUTIVE SUMMARY
The purpose of this item is to discuss sales tax exemption options for mobile/manufactured home sales in the
City of Fort Collins. Estimated sales tax collections have been roughly $88k per year over the past two years.
The City of Fort Collins currently applies sales tax on all mobile/manufactured home sales, whereas the State of
Colorado and Larimer County exempt all mobile/manufactured home sales from sales tax. Conventional (site-
built) homes pay sales tax on materials used in construction and there is no sales tax for subsequent sales. All
mobile/manufactured homes and site-built homes pay property tax based on the assessed value.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council Finance Committee support option 2?
• Apply sales tax on initial purchase of new mobile/manufactured home and exempt all
subsequent sales from sales tax
• 50% exempt on initial sale
• Update City code
ATTACHMENT 2
2
BACKGROUND/DISCUSSION
Earlier this year City Council asked for sales tax data on mobile homes. The City does not exempt sales tax on
mobile/manufactured homes sales. According to data from the Larimer County Assessor’s Office, in 2017 and
2018 there were 181 mobile home sales in Fort Collins, an average of 90 per year. Sales tax over the two-year
period was $176k or roughly $88k per year.
As of July 1, 2019, the State of Colorado and state collected jurisdictions (such as Larimer County) exempt all
manufactured homes sales from sales tax (House Bill 18-1315).
City Code does not differentiate between mobile and manufactured homes (per Safety Standards Act of 1974)
but are considered the same in practice regarding taxation. There are 1,400 mobile/manufacture homes in Fort
Collins and 2,100 in the Growth Management Area (GMA).
Tax treatment (sales tax and property tax) varies for mobile/manufactured homes and site-built homes. A
summary is provided below:
• The State and the County exempt mobile/manufactured homes from all sales tax (new and used)
• The City applies sales tax to the full purchase price on all mobile/manufactured home sales (new and
used)
• Site-built homes pay sales tax on the materials used in new construction; there is no sales tax on
subsequent sales
• All types of dwelling units pay property tax based on the assessed value
Peer City Review
In a review of eleven self-collected home rule cities, each one includes mobile homes in their definition of
automotive vehicle, which suggests mobile homes be treated as automotive vehicles for tax purposes. This
definition of automotive vehicle is a product of the Colorado Municipal League’s (CML) organized effort
engaging municipalities to adopt standard sales tax definitions, which the City participated in. However, in other
cities’ codes, there are various terms and definitions for these types of structures, such as manufactured home,
factory-built housing, or factory built residential structures.
Five cities, including Fort Collins, do not have exemptions on mobile/manufactured homes. Those with
exemptions:
• Either exempt after having been taxed once or;
• 48% exempt for first sale and subsequent sales are exempt
Proposed Exemption Options:
1. Exempt all mobile/manufactured home sales from sales tax
3
2. Apply sales tax on initial purchase of new mobile/manufactured home and exempt all subsequent sales
(100% or a percentage)
Staff recommends Option 2 with a 50% exemption on the initial new purchase. The intention is for
mobile/manufactured and site-built homes to be taxed similarly. Site-built homes require a 50% deposit of total
estimated construction valuation. When the project is complete, the remaining tax liability is calculated using a
project cost report available from the City.
Both options would require Code updates. The definition of “automotive vehicle” would likely need to be
amended to exclude mobile homes, so that a new definition of mobile homes and/or manufactured housing
could be created so that these structures can be treated uniquely in the sales tax ordinances. Amending the
“automotive vehicle” definition would stray from CML standard definitions, which is within Council’s authority
and discretion. The Code could be updated to include a definition for mobile or manufactured homes. The City
currently treats mobile and manufactured homes the same in practice regarding taxation.
Using the term “mobile home” and defining it separately would likely be the least Code changes to address the
issue of sales tax on mobile/manufactured housing. Another approach would be to add a definition for the new
term “manufactured home.” Doing so may necessitate updating for consistency other parts of Municipal, Land
Use and Traffic Codes, which also use the terms “mobile home” and “manufactured housing.” This process
would include additional legal review and coordination with other City departments. Regardless of the term
used, any amendment would include the addition of an exemption from sales tax for mobile
homes/manufactured homes.
Below is draft Code language for consideration, using the first approach discussed above. Depending on Council
direction, this Code language would be subject to change:
Sec. 25-71. Definitions.
. . .
Automotive vehicle shall mean any vehicle or device in, upon or by which any person or property is or may be
transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air.
Automotive vehicle includes, but is not limited to, motor vehicles, trailers, or semi-trailers or mobile homes.
Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or
tracks.
Mobile home means any preconstructed building unit or combination of preconstructed building units, without
motive power, where such unit or units are manufactured in a factory or a location other than the residential
site of the completed home, which is designed and commonly used for occupancy by persons for residential
purposes, in either temporary or permanent locations, and which unit or units are not licensed as a vehicle. It
does not include travel trailers, campers, camper buses or motor homes.
. . .
New Exemption from Sales/Use Tax in Sales Tax Code
Sec. 25-73. Imposition of the sales tax and exemptions.
. . .
(c)Transactions and items exempt from the sales tax. The following shall be exempt from the sales tax:
. . .
4
(25) Fifty percent (50%) of the purchase price on the first sale of a new mobile home for installation, use
or storage in the City shall be exempt from taxation under this Code. For any subsequent sales of the mobile
home, the entire purchase price is exempt from taxation under this Code.
Discussion / Next Steps;
Darin Atteberry; Emily Gorgol also brought this up as an equity issue for folks
Mike Beckstead; when Max Moss first started talking about Montava - he was planning on having a
plant on-site to build manufactured units – there is an emerging gray area between the two types -
where does that fit? Let’s treat all homes the same – that way we don’t have to decide
Ross Cunniff; this has happened before in the 80’s in Fort Collins at Horsetooth and Taft Hill – there
was a factory that built homes. How was that taxed? Was that in the city limits?
Mike Beckstead; if code today was the code then, it would have been taxed. - we will research
Ken Summers: what about property tax?
Jennifer Poznanovic; they all pay property tax on assessed value
Ken Summers; there was some discussion - County Treasurer in terms of exempting manufactured
homes from property tax - right now from a county perspective - not a huge impact
I am not sure if it went beyond a personal conversation
Affordable housing space - this makes sense outside of that - support of that
Mayor Troxell; a home is a home is a home - common perspective - picking one or the other – trade -
offs – broader discussion - when we were in Austin at Community First we saw 3D printed houses - not
on wheels – it is an interesting space in how we treat - some level of equity and consistency with the
notion of a domicile.
Mike Beckstead; secondary sales – I don’t know there are a lot of new manufactured homes coming in
Ross Cunniff; treat them all as homes to level the playing field
Bigger policy discussion – do we subsidize? Do we want to exempt it?
It should not be treated differently
Darin Atteberry; from Emily’s perspective - how it relates to affordable and attainable housing - tax
policy
Ross Cunniff; be careful not to exclude recreational vehicles
Mike Beckstead; Thank you - we will bring this forward on consent in a couple of months.
-1-
ORDINANCE NO. 009, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE CITY OF
FORT COLLINS TO PROVIDE A SALES TAX EXEMPTION FOR MOBILE HOMES
WHEREAS, Article XX, Section 6.g. of the Colorado Constitution grants to the City of
Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes for
municipal purposes, subject to any limitations in the Colorado Constitution; and
WHEREAS, on November 16, 1967, the City Council, in the exercise of its home rule
taxing powers, adopted Ordinance No. 058, 1967, to levy, collect and enforce beginning on
January 1, 1968, a sales and use tax on the purchase of tangible personal property sold at retail in
the City and on certain taxable services provided in the City (the “Sales and Use Tax Code”);
and
WHEREAS, the Sales and Use Tax Code is currently found in Article III of City Code
Chapter 25, which has been significantly amended many times since its adoption in 1967; and
WHEREAS, City staff has reviewed Article III and has recommended revisions to create
an exemption from sales tax for mobile homes and similar off-site manufactured structures,
which are currently taxed as tangible personal property; and
WHEREAS, the City Council hereby finds that amending the Sales and Use Tax Code as
proposed in this Ordinance is in the best interests of the City and its taxpayers and promotes the
health, safety and welfare of the community by providing for the equitable imposition, collection
and enforcement of the City’s sales and use taxes with respect to housing.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determination and
findings contained in the recitals set forth above.
Section 2. That Section 25-71 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-71. Definitions.
. . .
Automotive vehicle shall mean any vehicle or device in, upon or by which any person or
property is or may be transported or drawn upon a public highway, or any device used or
designed for aviation or flight in the air. Automotive vehicle includes, but is not limited
to, motor vehicles, motor homes, recreational vehicles, trailers or semi-trailers or mobile
homes.
-2-
. . .
Mobile home shall mean any preconstructed building unit or combination of
preconstructed building units, without motive power, where such unit or units are
manufactured in a factory or a location other than the residential site of the completed
home, which is designed and commonly used for occupancy by persons for residential
purposes, in either temporary or permanent locations, and which unit or units are not
licensed as a vehicle. Mobile home does not include travel trailers, campers, camper
buses, motor homes or recreational vehicles.
. . .
Section 3. That Section 25-73 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-73. Imposition of the sales tax and exemptions.
. . .
(c) Transactions and items exempt from the sales tax. The following shall be exempt
from the sales tax:
. . .
(25) Fifty percent (50%) of the purchase price on the first sale of a new mobile
home for installation, use, or storage in the City shall be exempt from taxation
under this Code. For any subsequent sales of the mobile home, the entire
purchase price is exempt from taxation under this Code.
Introduced, considered favorably on first reading, and ordered published this 7th day of
January, A.D. 2020, and to be presented for final passage on the 21st day of January, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-3-
Passed and adopted on final reading on the 21st day of January, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk