Filsinger wins MPAC classification challenge
While he may have waited longer than anticipated, local businessman Ken Filsinger still received an early Christmas present late last week when his sign making firm, Sign Needs, saw its tax classification changed from industrial to commercial.
Mr. Filsinger had appealed a decision by the Municipal Property Assessment Corporation (MPAC) to change the classification to industrial, which would have seen the taxes on the Centennial Road location rise over $4,000 annually, even though competing sign companies in the county were paying commercial rates.
He anticipated that, with the new classification, he would need close to $100,000 of additional business to cover the increase.
He took his case to the Assessment Review Board (ARB) and had a hearing in early June, with the understanding that the board would render a decision within 60 days. The ordeal dragged on for six months, but Mr. Filsinger is nevertheless happy with the decision and grateful for the support he received.
“This (industrial classification) was wrong from the start,” said Mr. Filsinger after hearing of the decision. “It is meant for large factories, not a father/son operation like this.
“I want to thank my lawyer, Chris Scott, the chamber of commerce, the Town of Orangeville and (Dufferin-Caledon MPP) Sylvia Jones. They stuck by me.”
The decision means less money in the town’s tax coffers, but all indications are that the town could not be happier in this case.
“The decision is good news,” said Mayor Rob Adams. “Taxation should be a fair and reasonable way for businesses to pay for the services they receive. No one should be unfairly burdened by it.
“Small business is the engine of our economy and we should be doing what we can to help it.”
Town tax collector Debbie Goss said she was relieved the decision went in Mr. Filsinger’s favour.
“I believe it is a precedent for all future ARB decisions in regards to tax classifications.
With that in mind, MPAC has 21 days to appeal the latest ARB decision.
Had the decision not gone in its favour, Sign Needs would have seen the taxes on its Centennial Road property go up to $10,428.33 from $6,064.68.
Sylvia Jones had met with Mr. Filsinger and the Greater Dufferin Area Chamber of Commerce to discuss the industrial classification under Section of the Ontario Assessment Act, which was the sticking point in MPAC’s argument and the reason for the classification change.
Ms. Jones wrote to Minister Dwight Duncan asking for a change to the regulation to clarify the industrial class definition as recommended by the Canadian Federation of Independent Business, but no action has been taken as yet.
“We need to support businesses and ensure they are fairly assessed by MPAC so they can compete on a level playing field,” Ms. Jones said. “Small business operators should not have to endure months of legal wrangling with multiple adjournments and delays.”
Saying she was “very pleased for Ken,” she added:
It was his determination and perseverance to see this battle through to the end and that made the difference.”











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