1. INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS
LOS ANGELES CHAPTER
OCTOBER 8, 2014
FUNDAMENTALS OF
SEPARATING
REAL PROPERTY, PERSONAL
PROPERTY, AND INTANGIBLE
BUSINESS ASSETS
FallAppraisalSeminar
Robert E. Dietrich,
MAI, CRE, CCIM, MRICS
Sr. Director, Specialty Practice
Valuation & Advisory Services
Colliers International
Newport Beach, CA
Justin R. Glasser,
MAI, ASA
Senior Manager, Tax
Economic & Valuation Services
KPMG, LLP
San Diego, CA
3. IAAO Fall Appraisal Seminar
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BOB DIETRICH, SENIOR DIRECTOR
Robert E. Dietrich,
MAI, CRE, CCIM, MRICS
Senior Director
Colliers International
20411 SW Birch Street
Suite 310
Newport Beach, CA 92660
Education, Licenses & Certifications
B.S. University of Arizona
Member, Board of Directors of the Appraisal Institute
(2008 – 2012)
President, Southern California Chapter of the
Appraisal Institute (2014)
President, Southern California CCIM Chapter (1997)
Volunteer of Distinction Award, Appraisal Institute
(July 2012)
MAI designation - Appraisal Institute
CRE designation – Counselors of Real Estate
CCIM designation – CCIM Institute
MRICS designation – Royal Institution of Chartered
Surveyors
Member – Lambda Alpha
Licensed Appraiser (15 States including California,
Arizona, and Nevada)
Professional and Industry Experience
Robert E. Dietrich is the Director of the Specialty Valuation Practice of Colliers International
Valuation & Advisory Services, and is located in the Newport Beach office.
Mr. Dietrich has performed valuations involving a wide variety of property types ranging
from high rise offices to farms and ranches. He has appraised special purpose properties
such as port facilities, ski resorts, and others. Areas of specialization include planned
developments, subdivisions, leasehold/leased fee analyses, and project modeling. He has
appraised all types of commercial, industrial, and multi‐family properties in the Western
United States for more than 30 years.
Mr. Dietrich has been designated as an expert in real estate valuation issues in courts and
has testified on over 60 occasions in State Superior Court, federal court, Bankruptcy Court,
US Tax Court, JAMS, state and county assessment appeals boards, and others. He was
selected as an independent arbitrator and has been approved as a commercial appraiser
by several nationally chartered banks and government agencies.
Representative Clients
Latham & Watkins
Wells Fargo Bank
American Ag Credit
Metropolitan Water District
Elsinore Valley Municipal Water District
AEGON USA Realty Advisors
William Lyon Homes Company
Tribune Company
Representative Complex Assignments
Compensation for inverse taking of water
Rental value for a recreation lake in Southern California
Valuation of largest development company in California
Valuation of largest land holding and development in Bermuda
Valuation of 2.2 million acre cattle ranch
Valuation of Queen Mary Seaport development
Valuation of highest grossing retail complex in US
Valuation of 18,000 acres of almond orchards in Central Valley
4. IAAO Fall Appraisal Seminar
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JUSTIN R. GLASSER, SENIOR MANAGER
Justin R. Glasser, MAI, ASA
Senior Manager
KPMG LLP
4747 Executive Drive
Suite 600
San Diego, CA 92131
Function and Specialization
Real Property
Transfer Pricing
Litigation Support
Education, Licenses & Certifications
Masters of Science in Real Estate, University of San Diego
Alpha Sigma Gamma Award Recipient
B.A. in Economics, University of California at San Diego
Member, Appraisal Institute, MAI Designation #497209
Member, American Society of Appraisers, ASA Designation # 106380
Appraisal Institute Panel Member for Financial Reporting
Contributing reviewer, The Appraisal of Real Estate, 14th Edition
State of Arizona Real Estate Appraisers License # 31944
State of California Real Estate Appraisers License # AG045014
State of Colorado Real Estate Appraiser License #CG100042083
State of Hawaii Real Estate Appraisers License # CGA1038
State of Florida Real Estate Appraisers License # RZ3544
State of Maine Real Estate Appraisers License # CG3337
State of Michigan Real Estate Appraisers License # 31944
State of Montana RE Appraisers License # REA-RAG-LIC-6037
State of Oregon Real Estate Appraisers License # C001151
State of Pennsylvania Real Estate Appraisers License # GA004001
State of Texas Real Estate Appraisers License # 1380207
State of Utah Real Estate Appraisers License # 8548636-CG00
State of Virginia Real Estate Appraisers License # 4001017045
State of Washington Real Estate Appraisers License # 1102240
Professional and Industry Experience
Justin is currently a senior manager in the Valuation Services practice of KPMG LLP. He is
located in the firm’s San Diego office where he assists in the preparation of valuations,
highest and best use studies, and purchase price accounting of tangible assets relating to
commercial and residential real estate development including: multifamily, office, hotels,
destination resorts, gaming outlets, master planned communities, manufactured home
communities, manufacturing and distribution facilities, retail developments, restaurants,
banks, movie theaters, and undeveloped land.
He has performed valuation of development lands in Central America and the Caribbean,
including Belize, Haiti, Island of St. Kitts, and Island of Petite St. Vincent. Also, Justin has
provided valuation services related to lost profits associated with timeshare points
associated with thirteen properties in California, Hawaii, and Mexico for purpose of
litigation. Other litigation support includes valuation services related to a hotel property
located in Laguna Beach, Orange County, California and a number of real property assets
located in San Francisco and San Diego, California.
Representative Clients
Archstone
Bascom
Armada Hoffler
Capital Properties
Pillar Communities
RedHill Realty Investors
The Blackstone Group
CBRE Global Investors
Tropicana Entertainment
Cornerstone Real Estate Advisors LLC
GEM Realty Capital, Inc
UBS Realty Investors, LLC
ING Investment Management, Inc.
IMH Financial Corporation
Kiawah Development Partners, Inc.
Fedinco Ltd.
Hilton Hotels Corporation
MGM Mirage
Dubai World
Hyatt Corporation
Luxury Resorts & Hotels
Westport Capital Partners LLC
Harrah’s Entertainment Inc
Tropicana Entertainment
8. IAAO Fall Appraisal Seminar
Appraisers and assessing officers who attend
this session should not be misled that they are
now competent to take on any assignment
involving a business-related property.
This session, in and of itself, does not impart
a level of competency. The appraiser or
assessing officer should be aware of this and
not mislead his/her client to the contrary.
This session contains diverse opinions
regarding appraisal theory and applications.
The Appraisal Institute does not advocate a
particular theory or method.
IMPORTANT NOTE
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EVIDENCE OF INTANGIBLE ASSETS
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Tangible
Benefits
Mineral Rights,
Water Rights,
Air Rights
(As Vacant)
Shelter
(As Improved)
Intangible
Benefits
Royalties
(Natural resources)
Ground Rent
(Land)
Property Rent
(Improved Property)
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Owner Occupied
(Fee Simple)
Income Property
No Services
(NNN Lease)
Income Property
Limited Services
(Multi-tenant
Office,
Apartments)
Income Property
Substantial
Services
(Hotel, Assisted
Living)
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Intensity
EVIDENCE OF INTANGIBLE ASSETS
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Uniform Standards of Professional Appraisal
Practice (USPAP)
Intangible Assets - Nonphysical assets, including
but not limited to franchises, trademarks, patents,
copyrights, goodwill, equities, securities, and
contracts as distinguished from physical assets
such as facilities and equipment.
Standards Rule 1-4(g) - “When personal property,
trade fixtures, or intangible items are included in
the appraisal, the appraiser must analyze the effect
on value of such non-real property items.”
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EVIDENCE OF INTANGIBLE ASSETS
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Total Assets
(Business)
Tangible
Property
Real property &
Personal property
Intangible
Property
Franchise Agreements &
Other Contracts;
Assembled Workforce,
Advanced Bookings;
Patents; Trademarks;
Copyrights; Trade names;
Intellectual Property
Financial Assets
(Working Capital)
Cash; Marketable
securities; Accounts
receivable; Supplies &
Inventory
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EVIDENCE OF INTANGIBLE ASSETS
14. IAAO Fall Appraisal Seminar
The valuation premise used to measure the market
value of an asset depends on the highest and best
use of the asset by market participants.
In-use: If the asset would provide maximum value to market
participants principally through its use in combination with
other assets as a group (i.e., highest and best use is “in-use”),
the asset would be measured using an “in-use” valuation
premise.
Going Concern (Business)
In-exchange: If the asset would provide maximum value to
market participants principally on a standalone basis (i.e.,
highest and best use is “in-exchange”), the asset would be
measured using an “in-exchange” valuation premise.
Liquidation (or Salvage) Value of Tangible Assets
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EVIDENCE OF INTANGIBLE ASSETS
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Terms that may be confusing and are often
used incorrectly:
Business Value
Business Enterprise Value
Going Concern
Goodwill
Intangibles
COMMUNICATING VALUE OPINIONS
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Appraiser must communicate three things:
The type of value being reported (market value, fair
value, investment value, etc.)
The assets or asset classes included in the value
opinion
The valuation premise
In Use (Going Concern)
In Exchange (Liquidation/Salvage Value)
COMMUNICATING VALUE OPINIONS
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Valuation of Business Combination
Market value as a going concern including real property,
personal property and intangible property.
In Use Premise
Limited Services
Investment Properties
Market value of the total assets of the business as a
going concern (enterprise value), including real
property, personal property, intangible property and
financial assets.
In Use Premise
Expanded Services
Inclusive of all items on balance sheet
EXAMPLES
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Valuation of Tangible Assets
Market value of tangible assets as part of a going
concern or business combination.
In Use Premise (Going Concern)
Sold with Business
Market value of tangible assets as part of an asset
acquisition.
In Exchange Premise (Liquidation/Salvage Value)
Sold separate from Business
EXAMPLES
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21. IAAO Fall Appraisal Seminar
When the cost approach can be developed
reliably, it is very helpful in determining the
appropriate allocation of value to tangible
asset classes.
It may be appropriate to value certain
intangible assets by the cost approach (asset
approach).
COST APPROACH
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Issues:
Allocation of each item of cost
Cost Segregation Studies
Allocation of entrepreneurial incentive
Recognition of and support for all forms of depreciation
Physical Depreciation
Functional Obsolescence
Economic Obsolescence
Property rights adjustment
Fee Simple v Leased Fee
Leasehold adjustments
Above & below market rents
COST APPROACH
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COST APPROACH
Real
Property
Personal
Property
Subtotal Intangible Total
Replacement Cost New
Direct & Indirect Cost $2,500,000 $210,000 $2,710,000 $150,000 $2,860,000
Entrepreneurial Incentive $250,000 $0 $250,000 $100,000 $350,000
Total Replacement Cost $2,750,000 $210,000 $2,960,000 $250,000 $3,210,000
Depreciation
Physical Deterioration ($600,000) ($42,000) ($642,000) $0 ($642,000)
Functional Obsolescence ($200,000) $0 ($200,000) $0 ($200,000)
External Obsolescence $0 $0 $0 $0 $0
Total Depreciation ($800,000) ($42,000) ($842,000) $0 ($842,000)
Reconciliation
Depreciated Improvements $1,950,000 $168,000 $2,118,000 $250,000 $2,368,000
Land Value Estimate $600,000 $0 $600,000 $0 $600,000
Market Value Conclusion $2,550,000 $168,000 $2,718,000 $250,000 $2,968,000
25. IAAO Fall Appraisal Seminar
For certain property types, real property
rarely sells independently of intangible
assets (e.g., investment properties, lodging
properties).
If some method of allocating the sales price
is available, it may be possible to do an
allocated sales comparison approach.
Otherwise, the sales comparison will only
provide an unallocated value of the going
concern.
SALES COMPARISON APPROACH
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Possible sources of allocation:
Actual allocation by buyer & seller
ASC 805
IRC 1060
Interviews of market participants
Industry standards
Historical Cost
SALES COMPARISON APPROACH
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Determining Appropriate Method &
Investment Rates
Market Participant Assumptions
Availability of Information
Irregular/Regular Cash Flows
Refinement
INCOME APPROACH
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Limitations
DCF - One limitation is the requirement to
accurately forecast net operating income for a
number of years into the future (e.g., often up to 10
years).
Direct Capitalization – One limitation is the
difficultly to implement without reliable transaction
data from which to determine comparable
capitalization rates.
INCOME APPROACH
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Limitations (Continued)
Income Approach – Primary limitation is that it does
not provide an allocation of tangible and intangible
assets.
INCOME APPROACH
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NNN Rent comps (ideal)
Build-to-suit leases
Applied to Replacement Cost New (RCN)
Rent-to-revenue ratio (from industry
benchmarking study, interviews of market
participants, etc.)
Health Ratio
Sale-leaseback transactions
Lease (or Rental) constant
Applied to RCN less depreciation
ESTIMATING REAL PROPERTY RENT
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Return of investment (straight-line
replacement reserve) plus return on
investment (depreciated cost x discount rate)
ESTIMATING PERSONAL PROPERTY RENT
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Market Approach
Leased fee (NNN) sale comps
Comparable properties w/ similar risk and income
characteristics
Band of Investment
Debt
Equity
Bifurcation
Rl + Rb = Ro
ESTIMATING REAL PROPERTY CAP RATE
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Market Approach
Individual intangibles sale comparables
Databases
Pratt's Stats®
Survey
Business brokers
ESTIMATING INTANGIBLES CAP RATE
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In many cases, properties are built for
specific businesses which support a going
concern. In these properties, there may be an
element of non-taxable value in the going
concern.
If there is a non-taxable element of
intangible value, how do you extract it?
INTANGIBLE VALUE - CASE STUDIES
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Drug Store Example
One type of leased property often creates a large intangible
value component as well as real estate value.
Sale Price $4,000,000
Sale Price $3,000,000
INTANGIBLE VALUE - LEASES
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39. IAAO Fall Appraisal Seminar
Drug Store Example (continued)
INTANGIBLE VALUE - LEASES
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Market Cost Approach: Total Per SF Bldg.
Land:
$9 times 50,000 Sq. Ft. = $450,000 $30.00
Building:
$150 times 15,000 Sq. Ft. = $2,250,000 $150.00
Subtotal: $2,700,000 $180.00
Developer Profit: 7.0% $189,000 $12.60
Development Costs: $2,889,000 $192.60
Leaseup Adjustment: 4.0% $115,560 $7.70
Value by Cost Approach: $3,004,560 $200.30
Round to: $3,000,000 $200.00
Income Approach (Local Market Rent and Tenant):
Annual Market NNN Rent: $240,000 $16.00
Cap at: 8.0%
Property Value: $3,000,000 $200.00
Income Approach Lease to Walgreens (National Credit):
Annual Market NNN Rent: $240,000 $16.00
Cap at: 6.0%
Property Value: $4,000,000 $266.67
40. IAAO Fall Appraisal Seminar
Drug Store Example (continued)
On previous slide:
Cost to develop and value based on capitalized income is $3.0 million
or $200 per square foot. General retail stores in area sell for $150 to
$225 per square foot.
Leased to Walgreens, the value is $4.0 million or $267 per square
foot. Walgreens-leased drug stores sell for $250 to $350 per square
foot in region.
What is the $1.0 million difference in value attributed to?
Tangible (taxable) real estate, personal property, or intangible value?
INTANGIBLE VALUE - LEASES
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Drug Store Example (continued)
Legal Basis for Extracting Intangible Value:
Walgreens believed a property in Madison, Wisconsin was over-
assessed due to taxation of intangible value.
Walgreens appealed to Assessor and lost and then sued the City
(Walgreen Co. v. City of Madison).
Walgreens lost at the trial, but appealed and the Wisconsin Supreme
Court overturned the verdict.
The supreme court directed that the assessment would be based on
market rental rates in conformance with recognized appraisal
authorities, such as the Appraisal of Real Estate.
Going forward in Wisconsin, contract rents will not be considered for
assessment purposes due to inclusion of non-taxable intangible
assets.
INTANGIBLE VALUE - LEASES
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Many properties are built for a specific use such as a hotel. The
hotel business cannot operate without the real estate, and
value of real estate can be impacted by going the concern.
Are there intangible items included in the valuation of an
operating hotel? If so, what are some of the intangible items?
Trained workforce
Brand
Customer relationships
Advanced bookings
How can the real estate value be separated from the going
concern to avoid taxation of intangible assets?
INTANGIBLE VALUE - GOING CONCERN
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43. IAAO Fall Appraisal Seminar
Lets build a small hotel in Florida to see if we can identify intangible value.
Assume Stabilized market 68% occupancy and $115 ADR, 2 years to stabilize.
Land value $1 million, buildings $4 million, and FF&E $500,000.
$
INTANGIBLE VALUE - GOING CONCERN
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Building
Building
Building
Land
Land
Land
FF&E FF&E FF&E
Day 1
0% $91
$5.5 Million
Year 1
60% $101
$6.0 Million
Year 2
68% $115
$6.5 Million
45. IAAO Fall Appraisal Seminar
Without regard to inflation, where are we in year 3 after we shut the
hotel down for 6 months?
INTANGIBLE VALUE - GOING CONCERN
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Building
Building
Building
Building
Land
Land
Land
Land
FF&E FF&E FF&E FF&E
Day 1
0% $91
$5.5 Million
Year 1
60% $101
$6.0 Million
Year 2
68% $115
$6.5 Million
Year 3
0% $91
$????
?
47. IAAO Fall Appraisal Seminar
Roehm v. County of Orange (1948)
California Supreme Court held that intangible assets and rights
be “reflected” in the assessment of property.
GTE Sprint Comm. Corp. v. County of Alameda (1993)
First District of the Court of Appeal held that identifiable
intangible assets had to be valued and removed by taxing
agency under income
County of Orange v. County Assessment Appeals Board (1993)
Appellate court held that using a cost approach method was a
valid means for directly determining the value of the tangible
taxable property alone.
Service America Corp. v. County of San Diego (1993)
Fourth appellate district held that that portion of income
attributable to intangible assets had to be excluded
Only income generated by real property may be used to
determine assessed value when an income approach method
was used to value the property.
BRIEF HISTORY
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48. IAAO Fall Appraisal Seminar
Shubat v. Sutter County Assessment Appeals Board (1993)
Third District Court of Appeal ruled that it is appropriate to
deduct the appraised value of specifically identified
intangible assets from the value of a going business concern
in order to arrive at the assessed value of the remaining
tangible taxable property.
“Maddy Bill” (1995)
California Legislature codified as Revenue and Taxation Code
sections 110(c) through (f) and 212(c).
Legislative provisions put many of the issues resolved by the
1993 appellate court decisions into statutory form
Statutes created some confusion by including a provision
carried over from Roehm v County of Orange, namely that
the presence of intangibles be assumed in order to put
property to beneficial and productive use.
BRIEF HISTORY
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49. IAAO Fall Appraisal Seminar
State Board of Equalization (1998)
Assessor’s Handbook Section 502, “Advanced Appraisal”
Chapter 6 describes the correct manner for handling intangible assets
and rights.
Page 152 states requirement that value associated with intangibles be
excluded from a property’s assessed value:
“[Revenue and Taxation Code] sections 110(e) and 212(c) do not
authorize adding an increment to the value of taxable property to reflect
the value of intangible assets and rights necessary to put the taxable
property to beneficial or productive use. Instead, those sections indicate
that, in valuing taxable property, it is appropriate to assume the
presence of the intangible assets and rights which are necessary to put
taxable property to beneficial or productive use. For example, a business
which owns taxable property may need working capital and other
intangible assets in order to productively use its tangible property.
Although the presence of the intangible assets is assumed in the
valuation of the tangible property, this does not mean that their values
are included in that valuation.”
BRIEF HISTORY
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50. IAAO Fall Appraisal Seminar
Mola Development Corp. v. County of Orange (2000)
Fourth District appellate court states:
“For purposes of its value to California law, the Sweepster opinion is
faulty mainly in this regard: it included the value of a clear intangible in
the value of the real property …. The correct approach is actually the
opposite, given our Constitution’s mandate to value just the property. * *
* But that is the result of the fact that we are only dealing with real
property tax valuations. If you buy real property plus an intangible, you
are only taxed on the value of the property.”
State Board of Equalization in December (2002)
Letter to Assessors (LTA No. 2002/078)
Sets forth “Guidelines for the Assessment of Billboard Properties”
Requires the exclusion of intangible asset value from the value of
taxable billboard properties.
The cost approach is the preferred method for determining assessed
value because it does not capture the value of intangible assets and
rights.
BRIEF HISTORY
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51. IAAO Fall Appraisal Seminar
ELK HILLS CASE
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Elk Hills v. Board of Equalization (August 2013)
Elk Hills Power Plant
Kern County, CA
Under Construction/ Delivery in 2020
Combined cycle facility
500 megawatts
Natural gas-fired
http://www.energy.ca.gov/sitingcases/elkhills/
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Tax Payer - Elk Hills Power, LLC
In 1999, Elk Hills applied for a permit to construct and operate
a power plant
Required to purchase Emission Reduction Credits (ERCs) to
offset emissions
Cost of ERCs was $11M
The Board of Equalization (BOE) used the cost approach and
the income approach to calculate the unitary value of the plant.
In applying the cost approach, the BOE added the estimated
cost of replacing the ERCs.
In applying the income approach, the BOE chose not to deduct
the value of the ERCs from the overall value of the plant.
ELK HILLS CASE - CONTINUED
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53. IAAO Fall Appraisal Seminar
Elk Hills challenged the BOE’s valuation.
Elk Hills - ERCs are intangible assets, which are exempt
from property taxation under California law.
BOE – Tax authority is permitted to “assume the
presence” of the intangible ERCs when valuing the taxable
power plant because the ERCs were necessary to put the
power plant to beneficial or productive use.
ERC value included in power plant’s unit value.
ERC intangible not exempt from property taxation
Trial court found for the BOE.
The California Court of Appeals affirmed.
Elk Hills petitioned for review by the California Supreme Court
Cited section 212 and 110 (d)
ELK HILLS CASE - CONTINUED
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54. IAAO Fall Appraisal Seminar
California Supreme Court made 4 observations
The value of intangible assets, with certain exceptions,
cannot be taxed directly or subsumed in the value of
taxable property.
When valuing taxable property, assessors may assume the
presence of intangible assets that are necessary to put the
taxable property to beneficial and productive use.
Assuming the presence of intangible assets permits the
value of taxable property to be enhanced from salvage
value to fair market value.
When a unit value includes the direct valuation of an
intangible asset or includes income attributable to
enterprise value, those values must be accounted for and
removed.
ELK HILLS CASE - CONTINUED
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California Supreme Court Findings
Cost Approach
BOE impermissibly included the fair market value of the ERCs
within its unit value calculation
Including the fair market value of an intangible asset within
the unit whole amounts to the direct taxation of those assets.
BOE impermissibly added the fair market value of the ERCs to
the unit whole as part of its cost approach, and then failed to
deduct that value prior to assessment.
Court of Appeal erred in upholding the BOE’s valuation of Elk
Hills’s plant under the cost approach.
ELK HILLS CASE - CONTINUED
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California Supreme Court Findings
Income Approach
Direct intangible assets, such as goodwill, customer base, and
favorable franchise terms, must be deducted.
Indirect intangible assets do not need to be deducted from an
income stream analysis prior to taxation.
The ERCs contributed indirectly to the business income stream
because the ERCs enabled the subject property to function and
produce income as a power plant.
BOE was not required to deduct the fair market value of the
ERCs from the fair market value of the unit, and the Court of
Appeal did not err in this regard.
ELK HILLS CASE - CONTINUED
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57. IAAO Fall Appraisal Seminar
The Supreme Court citations (August 2013):
Section 212 (c) and Section 110 (d) - The value of intangible
assets cannot be taxed directly or included in the value of
taxable property;
Section 100 (e) - When valuing taxable property, assessors may
assume the presence of intangible assets that are necessary to
put the taxable property to beneficial or productive use;
In Use Premise (Going Concern ) v In Exchange (Salvage
Value)
Section 110 (f) - When the valuation includes (separable)
intangible asset or includes income attributable to enterprise
value (e.g., working capital), those values must be accounted
for and removed.
Separable v. Inseparable Intangibles
ELK HILLS CASE - CONTINUED
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58. IAAO Fall Appraisal Seminar
This case (May 2014) addresses intangible valuation theory
in the assessment of the Ritz Carlton Half Moon Bay Hotel.
The question at issue was “how to properly value taxable
property, with associated intangible assets, at fair market
value.” California Court of Appeals overturned Assessment
Appeal Board and Trial Court that agreed with Assessor.
HALF MOON BAY CASE
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Assessor Enrolled Value:
Sales Price: $124,350,000
Personal Property: $7,370,000
Taxable Real Estate Value: $116,980,000
Assessor Valuation:
Market Value: $129,700,000
Personal Property: $7,340,000
Real Estate: $122,360,000
Enrolled at (within 5% of appraisal): $116,980,000
Property Owner Valuation:
Market Value (Purchase Price): $124,350,000
Less Personal Property: $8,000,000
Subtotal: $116,350,000
Less Taxable Real Estate: $99,500,000
Intangible Assets (goodwill and 3 others): $16,850,000
HALF MOON BAY CASE - CONTINUED
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60. IAAO Fall Appraisal Seminar
The Assessor valuation deducted the management fee
and the franchise fee in Income Approach which was
assumed to address intangible value. (Management Fee
Method).
The Assessor attempted to discredit Assessor’s Handbook
(Sec. 502) which requires removal of intangible values in
property assessments.
Assessor relied on California Assessors’ Association’s
position paper 99-003 rejecting the Assessors’
Handbook. The California Assessors’ Association does not
agree with the Assessor’s Handbook.
HALF MOON BAY CASE - CONTINUED
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61. IAAO Fall Appraisal Seminar
Taxpayer expert testified that intangible value is a residual.
Taxpayer expert testified that the Management Fee Method
does not capture all intangible values. Specifically did not
address:
1. Hotel work force in place: $1,000,000
2. Leasehold interest in a parking lot: $200,000
3. Agreement with golf course operator: $1,500,000
4. Goodwill: $14,150,000
Total: $16,850,000
Court ruled that method used by Assessor violated law as it did
not remove all intangible items.
Interestingly, ruling did not require assessor to recalculate
goodwill, just workforce, parking leasehold and golf course
agreement.
HALF MOON BAY CASE - CONTINUED
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62. IAAO Fall Appraisal Seminar
Why are cap rates higher for lodging than for traditional
commercial real estate? An hypothesis is that the cap
rate includes a return on intangible items.
We can look at rates from PwC National Real Estate
Investor Survey for 2nd Quarter 2014 (Korpacz):
Reasonable rate is 7.75% for our subject full service hotel
and 6.50% for other asset types.
Note that a management fee is already deducted when
the hotel cap rate is derived.
INTANGIBLE VALUE - LODGING PROPERTIES
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Asset Type Overall Rate
Full Service Hotel 7.73%
Regional Mall 6.60%
Power Center 6.65%
CBD Office 6.30%
Suburban Office 6.75%
63. IAAO Fall Appraisal Seminar
We will need to know the required return for the intangible
business operations.
We can find the business cap rate from a business valuation
resource. Operating hotel companies trade at 6 to 7 multiples
of pre-debt EBITDA or cap rates of 14% to 16%. We will use
15%.
With rates estimated, we can allocate percentage of value
allocated to each component based on iteration of weighted
rate.
INTANGIBLE VALUE - LODGING PROPERTIES
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Weighted Cap Rate: Market Iterated Proof
Real Estate Rate: 6.50% times 85.3% = 5.54%
Business Rate: 15.00% times 14.7% = 2.21%
Going Concern Rate: 7.75% times 100.0% = 7.75%
64. IAAO Fall Appraisal Seminar
The property value can be allocated between real
estate and intangible value.
The property was valued as a going concern for $20
million. Based on estimated rate of 7.75%, the NOI
can be calculated:
INTANGIBLE VALUE - LODGING PROPERTIES
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Value Conclusion and Net Income:
Hotel Going Concern Valued at: $20,000,000
Cap Rate Used: 7.75%
Indicated NOI / EBIDTA: $1,550,000
Allocation:
Hotel Real Estate: $20,000,000 times 85.3% $17,058,820
Intangible Value: $20,000,000 times 14.7% $2,941,180
Going Concern Value: times 100.0% $20,000,000
65. IAAO Fall Appraisal Seminar
If the NOI is $1.55 million, we can prove the allocation by
capitalizing the income from each component.
One method of determining intangible value is the
management fee which was deducted. The calculation below is
based on a 20% net profit and 3% Mgt. expense.
Does deduction of $279,000 in management fees account for
$2,941,180 of intangible asset value and $441,177 in net
revenue to intangible assets?
INTANGIBLE VALUE - LODGING PROPERTIES
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Proof: Value Times Rate NOI
Net Income to Real Estate: $17,058,820 times 6.5% $1,108,823
Net Income to Intangible Assets: $2,941,180 times 15.0% $441,177
Total Net Income: $20,000,000 times $1,550,000
Management Fees:
Indicated NOI / EBIDTA: $1,550,000 20%
Expenses including Management: $7,750,002 80%
Total Gross Income: $9,300,002 100%
Management Fees: $279,000 3%
66. IAAO Fall Appraisal Seminar
In most taxing jurisdictions, the values of
intangible items must be excluded from
assessed values of real property.
Even though intangible items may exist,
they may not add value to a going
concern.
If there are intangible items of value,
there are numerous methods available to
extract the value of intangible assets.
CONCLUSIONS
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