Course Title Property Rating and Taxatio
Course Title Property Rating and Taxatio
I Umar
Course Title: Property Rating and Taxation, I Course Code: EST414 Class: HND II
Contact Hours: Two Hours 2 First Semester: 2020/2021 Academic Session
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ATAP BAUCHI// ESTATE MANAGEMENT AND VALUATION DEPARTMENT Lecture Note Prepared BY: Mal U.I Umar
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2.1 ADOPTION OF SYSTEM OF RATING (RATING AUTHORITY)
i) The adoption of a system of rating by a resolution of the rating authority.
ii) Before the authoring votes on the resolution at least sixty day’s intention to move such resolution shall
be given and copy of the proposed resolution shall be exhibited in conspicuous place near the office of
the authority (Edict No 9 of 1976 section 105).
2.1.1 Order for Method of Assessment (State Commissioner / Governor) Sec 106
i) The commissioner has to make an order specifying the method of assessment of tenements.
ii) An order made under this section may provide for
iii) The assessment of tenements generally; or
iv) The assessment of any particular class of tenement; or
v) The method of assessment of any such tenement in any areas specified in the order (106).
2.1.2 Appointment of Appraises (State Commissioner or Currently the State Government) (Sec 107)
For the valuation of the tenements for rating the commissioner shall appoint persons to be
appraisers for that purpose. By implication of the Estate Surveyors and valuers decree (No 24 of 1975),
only Estate Surveyors and valuers can be appointed appraiser in Nigeria. Generally, the tenement rating
laws provide of the powers of appraisers (sec 116) as follows:
a) Require any person to give all such information orally or in writing as he may require which may affect
the assessed value of a tenement.
b) Call upon any person able to pay a rate upon tenements to exhibit to him any accounts, receipts for rent,
rent books, or other documents required in connection with valuation of a tenement.
c) On any day (except a non – working day) between the hours of 7 am and other particulars as he many
deem necessary for the purpose;
d) Require the owner or occupier of any tenement actually rented, to make a declaration of any tenement
actually rented, to make a declaration in writing as to the yearly rent paid or payable of the same;
e) Require the owner or occupier of any tenement of inform him as to the boundaries of the tenement.
f) Require the owner or occupier of any tenement to inform him as to the boundaries of the tenement.
g) Generally, require the owner or occupier to furnish information, which in the opinion of the appraiser
may affect the annual value of the tenement.
2.1.3 Assessment of Public Utility / Corporations (Sec. 109)
i) Assessment in respect of tenements occupied by a public utility corporation, other than tenements used
as dwelling houses, shall be of the depreciated capital value of such tenements assessed as provided for
in subsections (2) and (3) of this section.
ii) The depreciated capital value of a tenement shall be the amount assessed to be the cost of the
replacement of the tenement at the prices prevailing at the time of assessment account being taken of
the age and structural condition of the building.
iii) In assessing depreciated capital value no account shall be taken of the value of:
a) Any machinery in or up the tenement
b) Any railway tracks provided that in assessing, the value of any building in which a portion of such
track is situate the area of land on which such track is situate shall be included in the assessment of the
value of such building.
c) Any fencing, earthworks, bridges, signal boxes and other signal apparatus, or water towers’ and
equipment of a like nature relating to any railway tracks;
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d) Any railway station platform, together with any roof or canopy thereto, but subject to paragraph (d)
for this subsection, not including any building erected upon such platform.
iv) In this section: “Dwelling – house” means a hereditament used wholly or mainly for the purpose of a
private dwelling or private dwelling, with or without any garage, outhouse, garden compound, yard,
court, forecourt or other appurtenances. “Public utility corporation” means any federal or state
statutory corporation or any other public body providing public utility services which the military
governor may be notification in the state gazette declare to be treated as public utility corporation for
the purpose of this field.
2.1.4 First General Assessment and Subsequent General Assessment (Sec 111)
i. As soon as may be after a rating authority has adopted a system of rating upon tenement, the authority
shall cause the value of every tenement subject to rate in the concerned to be ascertained and assessed
by an appraiser, and such assessment shall be known as the first general assessment;
ii. Not loss than once in every five years after the completion of a first general assessment or such longer
period as may be prescribed by law, the rating authority shall cause a new general assessment to be
made, in the manner provided by the Edict of this section, of energy t tenement subject to rate in the
area concerned.
2.1.5 Annual Assessment (Sec. 112)
In every year in which there is no general assessment the rating authority shall in the mouth of June, or as
soon as conveniently may be thereafter, cause the value of any tenements: -
a) Which being ratable require reassessment because whether by building, destruction of building, or other
alteration in structural condition, then assessed value has been increased reduced; or
b) Which being ratable or about to become ratable have not been assessed; or
c) In respect of which any person claiming to be the owner thereof shall have delivered to the rating
authority a written request for reassessment on or before the first day of the preceding April to be
assessed.
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2.4 REASONS FOR LEVYING PROPERTY RATE
The main reason for levying property rate is to improve the quality of the environment and to stop the
degeneration of the environment and make it conducive for human habitation. Providing the necessary
facilities is cost intensive and because money at the disposal of the Local government may not be enough,
it becomes imperative for the Local government to levy rates. Although a number of financial sources are
available to the local government, property rating is one of the viable means. Other sources include:
a) Major Source; grant and aid, local government consolidation fund, loan, commercial tax, value added
tax (VAT), market fees, motor park fees.
b) Minor Sources; donations, entertainment charge, tourism, pool/betting tax.
c) Other Sources; wheel-barrow fee, truck license, slaughter fee, marriage registration fee, advert license,
radio license, fishing license.
d) Federal Funds; statutory allocation from the federation accounts, custom duties, loans, grants and aids.
e) State Fund; earning from state public entertainment, pools, betting and lottery, loans, grants and aids.
Apart from the primary reason of property rate being to generate funds, there are some other reasons why
rates are levied on properties. These are:
i. Property rating is responsive to economic growth.
ii. The yield from property rating are predictable and as such helps in planning.
iii. Property rating also help in achieving social equity.
iv. It offers ease of administration than other forms of taxation.
v. It offers ease of administration than other forms of taxation.
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identified the following as being germane to local taxation; Local taxes should fall within the jurisdiction
of a local government and transparency and wide acceptability. In contrast, Alberta Urban Municipalities
(2012) opined that objectivity, equity and uniformity should be the watchword in assessment. For a
property to be liable to payment of rates, four conditions have to be met in such property (Oyegbile, 1996).
These conditions include:
a) Actual Occupation: there must be actual physical possession of a property for it to be liable for the
payment of property rates. It does not really matter whether such an occupier is the freeholder or the
leaseholder, provided such occupier has been vested with the right of usage or mortgage. It is only in
physically occupied properties that rating officers can levy and collect property rates as appropriate.
b) Beneficial Occupation: the property must be of benefit to its owner or occupier for it to be liable for
the payment of property rates. This benefit need not be pecuniary; it could be any other benefit
accruable to the occupier or owner of the property.
c) Exclusive Occupation: for a property to be liable for the property rates its owner or occupier must
possess an exclusive right on it. Such a right that is exercisable against every other person.
d) Permanent Occupation: occupation has to be permanent for a property to be rateable. Where
occupation is just for a short while, the property will not be liable for the payment of property rate.
Where a property is suffering from void the owner may not be willing to pay rates. However, in other
countries owners of void property are required to pay half rate. This is referred to as empty rate and it is
paid three (3) months after the emptiness of the property. For a new property, empty rate would be paid
after six (6) months of emptiness. This is however, not applicable in Nigeria.
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4.2 COLLECTION OF RATES
The collection of rates is carried out by the issuers of the demand notice (dd) to the persons liable to pay
rate by the collector. The rating authority gives notice of any rate demand by it and on which such notice
shall became due and payable such notice be affixed in a public on conspicuous place within the local
government area or by publishing copies of the in one or more news papers circulating in the local
government area. The tenement rate due is payable to the rating authority or its agents authorized to collect
or collect some. A rate payer is expected to pay within the time prescribed in the notice of demand. In the
event of his failure to pay within stipulated period he shall be liable to the payment of a surcharge at a
given rate percent per annuum from the date after the expiration of period allowed. The law provides for
the computation of rates as follows:
i) A rate upon tenements, other than tenements required to be assessed at their depreciated capital value,
shall be at a uniform rate per naira of the assessed value of each of the tenements in the areas subject to
the rate.
ii) A rate upon tenement required to be assessed at their depreciated capital. Value shall, for each of such
tenements in that area subject to the rate, be the amount represented by five per cent um of the value so
assessed multiplied by the uniform rate per naira referred to in subsection (1) of this section.
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4.4 IMPLICATION OF DEFAULT AND THE ACTION TO BE TAKEN RECOVER
The defaulters can be grouped into two (2) see table below:
S/N DEFAULTERS BY THE RATE PAYERS DEFAULTERS BY THE RATE COLLECTOR
1 Defaulters by the ratepayer is failure to pay rate as Defaulters by the collector is occurs as a result of:
at when due. This is a serious offence: i. Unauthorized collection of rates.
i. Distraint: A breach warrant from the ii. Authorized but misappropriate of collected
court is a means to recover it. This money.
involved seizing of the hereditament iii. Over collection or under collection of rates from
which is the subject of default for the rate payer with the intention of cheating
compelling compliance. This notice is either the rating authority or the rate payer.
very difficult to enforce because the paper
will resist any step taken to use the
method.
ii. Recovery of the amount: Due to as a
civil debt including the surcharge due and
all other cost incurred. This is where the
court ensure that the amount is paid and
all other incurred.
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Exemption occurs when freedom liability to pay the rate is granted. It is freedom from an obligation
to pay a tax. Historically, the liability to pay property rates is not limited to any real or personal property.
This was the case under the first known property rate law. Poor rate relief Act of 1601. By the turn of the
century, the poor rate exemption Act 1840 was promulgated. The law was to free personal property and
some incorporeal hereditaments like advertisement and sporting rights from liability to pay rates. By that
law in the United Kingdom the general rule became that only real property because subject to rating
assessment.
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c) Charitable and Other Similar Institutions: In most of the world where property, rating is carried out
charitable and other similar institutions are considered for exemption or relief from rates. In the U.K,
for example, the general rate Acts of 1967 allows the amount payable to be halved in case of:
i. Any hereditament occupied by trustees for a charity and wholly or mainly used for charitable
purpose (whether of that charity or of that and other charities) OR
ii. “Any other hereditament being a hereditament held upon trust for use or an almshouse….” Such
bodies must be for philanthropic or charity, such as Education project, welfare schemes, promotion
of science, literature and fine arts. Also, recreational properties are exempted from rates. Profit
making organizations are usually rated. The responsibility of determining those to be exempted or
granted relief lies with the minister. The minister normally specifies in the state gazette all the
categories of persons and institution that are relieved from the liability to pay rates.
d) Educational Properties: Educational properties are properties occupied and used for the promotion of
education science and technology. Such properties are absolved from liability to pay rates. These kinds
of properties include school buildings, libraries, reading hall, and research institution for advancement
of science and technology. However, Educational properties privately and devoted for the proportion of
individual interest or which are run for profits are not free from the rate. Only public educational
properties are exempted or granted relief.
e) Religious Properties: Religious properties for the purpose of this topic can be subdivided into (3) three
categories namely: Churches and chapels, Mosques, and Other religious buildings. Churches and
chapels are absolved from liability to pay rates and this tradition dates back to 17 th century in the
United Kingdom. Section 39 (2) exempts places of public religious worship which belong to the church
of England or to the church in Wales or which are for the time being certified as required by law as
places of religious worship and so used for purpose of the organization responsible for the conduct of
religious worship in that place. Private churches and chapels are not exempted. Public mosques are
exempted from liability to pay rate just like public churches and chapels. Private mosques are required
to honour the liability to pay rate in the same as private churches and chapels do. The general rule must
be extended to all other religious bodies failure to do so could lead to a state of crisis.
f) Government Properties: Government properties could be described as properties owned and used by
the government for general public administration and provision of good and services of public purposes
such properties are exempted from liability to pay rates. The class of government owned properties
range from agricultural, industrial, commercial, transport, institutional and residential. Government
investment in properties is to promote equity, social justice, economic, and political objectives of the
government. These properties include public schools, hospitals military properties administrative
offices etc. However, government may be called upon to contribute an amount in lieu of rates.
g) Pipelines: Under the British law, sewage disposal works that make wide use of pipelines are ratable but
specifically their sewed are exempted. Oil pipelines are not considered for rating but real properties
owned by oil companies and used for offices and production works are subject to rates.
h) Plant and Machinery: Historically, plant and machinery are exempted from rating. Aspects of plant
and machinery considered as part of the hereditament are rated. Examples is such components part of
buildings and structures include lifts, and elevators used for passenger, railways and tramway lines and
tracks and such part of plant or any combination of plant and machinery including gas holders, blast
furnaces, cokes ovens, tar distilling plants, water towers, with tanks etc.
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6.1 RELIEF
Relief is a condition of abating partially or completely the liability or burden of rates. Persons
granted relief are people who are normally due to pay rates. But for certain reasons are being considered
either a total or partial abatement. Relief is a case where the right to pay the rate is established but
remission granted because of the peculiar condition of the rate payer. Relief is distinguished from
exemption in that it recognizes the right to pay but abate it. Relief acts on the person, but exemption is on
the occupation.
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b) Any material changes in the use of that lane or any change in the circumstances giving rise to the
application for the grant of that relief certificate or derating certificate; or
c) Any sale, exchange or gift of the land (or part thereof); or
d) Any lease, license or other disposition of the land (or part thereof) on terms whereby the land (or part
thereof) may be used for any purpose other than that for which it was being used when the application
for the relief certificate or derating certificate was made.
e) Any person who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an
offence and, on summary conviction thereof in a Resident Magistrate’s Court, shall be liable to a fine
not exceeding one hundred dollars and in default of payment thereof to be imprisoned for any term not
exceeding three months.
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unknowledgeable team made up of messengers and casual workers which have little or no knowledge about
how rates should be administered and the laws and regulations governing property rating are sent out on
administrative duties. In other instances, corrupt rate officials connive with rate payers by collecting bribe
so they do not have to bear the full burden of property rate levied on them or the officials fail to remit in
full the money collected during a rating exercise. Rating clerks in various rating departments too are not
exempted from this dubious act, they receive bribe from rate defaulters who do not want to be arraigned
before the law court. Of course, there are upright rating clerks and officials but the percentage of the
dishonest ones is overwhelming. A great number of these rating officials live well above their means and
their extravagant lifestyle is not funded by their legit earnings (Naiyeju, 2005).
Adebisi (2010) in his research to appraise the administration of taxes in Kogi State, identified lack
of power by revenue Appeal Courts, poor staffing and equipment and corrupt practices by tax officials as
some of the problems of tax administration. Data was gotten through interviews and questionnaires and the
analysis of this data revealed that taxation in the state is not performing so badly, as a matter of fact,
revenue from taxes forms about 40% of the state’s internally generated revenue (IGR). Muhammad and
Ishaku (2013) assessed the prospects of property tax administration in Bauchi State using data gotten from
the state’s Board of Internal Revenue and Ministry of Lands. Their study indicated that only a few forms of
property tax are operational in the state, this they attributed to lack of political will as well as poor record
keeping. They proffered that more professionals be employed by the Board and the Ministry of Lands and
that laws that have been put in place be enforced.
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administration authorities. Other issues identified by Monkam (2010) associated with the administration of
property rating in Francophone nations include:
i. Inadequacy of both human and financial resources.
ii. Influential people such as political and religious leaders tend to use their influence to exclude their
properties from being taxed.
iii. Rate payers usually withhold relevant information about their properties from rating officers.
iv. Identifying owners of unimproved property is usually a difficult task.
Monkam (2010) suggested that administrative staff be adequately trained, property rating
administration and assessment be fully computerised with the use of Global Positioning System Units
(GPS), Total Stations and Geographic Information System (GIS). He also advocated that if property tax is
converted to benefit tax, the problem of non-compliance on the part of prominent members of the society
will be dealt with. In Tanzania, a series of research have been carried out by different researchers to assess
the administration of property rate and taxes. Lubua (2014) indicated that compliance is an issue
confronting the administration of property rates and taxes in Tanzania. He noted that this is influenced by
property rating laws and suggested that efforts need to be made to raise the level of awareness of rate
payers. Machogu & Amayi (2013) and Aiko (2013) were of the opinion that educating rate payers plays a
major role in ensuring compliance. This they said could be done by including tax education in the
educational curriculum. Epaphra (2014) opined that revenue from property rating and taxation would be
given a major boost in Tanzania by enforcing property rating administration without necessarily increasing
property rates.Kamba (2007) conducted a research to analyse and describe the problems of administering
property taxes in Uganda’s largest city, Kampala. He discovered most of the problems to be atpolicy and
administrative levels. His research supports the argument that return from rates is weakened by issues
related to lag in collection, poor enforcement, corruption, political interference as well as inability of the
government to provide necessary infrastructural facilities.
Mohammed (2013) investigated the issues of low property rate revenue generation in Pasir Gudang
Municipal Council of Malaysia and identified non-compliance as the major reason. Questionnaires were
used to obtain data and the analysis of data revealed inadequacy of infrastructural services and facilities
provided by the government as the reason for non-compliance on the part of payers. He established that
compliance on the part of rate payers is a function of the ability of the government to provide public
amenities in the study area. Habibu, Ishak, & Normala (2012) appraised property rating administration in
Ipoh, Malaysia and pointed out incomprehensive valuation lists, poor coordination of assessment
mechanism the use of outdated data in rating valuation as the bane of property rating in Ipoh, Malaysia.
They also stated that regardless of these, revenues from property rates remain a mainstay for the local
government. They suggested that rating staff be adequately trained in the use of modern and automated
methods of valuation, reassessment should be carried out regularly to taken prevailing market trends into
consideration and also capture new properties. Pandey, Chhetri, & Baskota (2012) identified property rates
as an integral part of the revenue available to the Nepal government. During the 2011-2012 fiscal year,
71% of the total local taxes collected by the local government were from rating. It forms 33% of IGR and
7% of the total revenue available to the local government. They went further to state that capacity and non-
compliance are the reasons why the local government has not been able to take full advantage of this
revenue source. Three issues were identified as the challenges confronting the local authorities in the
collection of property rate. These are: Low Human and Physical Resource, Low Compliance, and Lack
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of Incentive. They recommended capacity building, educating the taxpayers in other to build their
confidence and boost compliance and make incentives available for taxpayers and tax officials. In the
Philippines, Guevara (2012) pointed out that though identifying rate payers and collection of rates are still
a problem, some level of successes have been recorded in certain quarters. For instance, in Marikina,
residence complies with payment of property rate owing to the efficiency of public infrastructure and
services made available by the government. In places like Naga and Mandaluyong, the use of computerized
programs has helped to tackle corruption in the administration of property rates and taxes. According to
Rao (2012), property rating and tax administration in India is faced by problems such as high cost of
collection, low capacity, difficulty of valuation, high compliance cost and poor information system. As a
result, yields from property rating have not been contributing enough to the revenue available to the
government Rismaharini (2012) reported that in Indonesia, administration of property rates were passed
down to the local government in 2010. Surabaya (the 2nd largest city in Indonesia) started administering
property rates in 2011 and has been very successful contributing to 51% of the local revenue of Surabaya.
Rismaharini attributed this to the use of ICT in valuation, professionalism of the tax officers as a well as
their ability to set rates that are appropriate. Kelly (2000), in his working Paper presented at the National
Tax Association’s 92nd Annual Conference on Taxation revealed that administration of property rating in
East African is ineffective because administrative components put in place are not efficient. Rate payers
also lack adequate education about the procedure of rating. Support from relevant stakeholders in terms of
implementation of tax laws is another problem he identified.
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regularly taking prevailing market trends into consideration and
also capture new properties.
4 INDONESIA Rismaharini (2012) reported that in Indonesia, administration of
property rates were passed down to the local governments in
2010. Surabaya (the 2nd largest city in Indonesia) started
administering property rates in 2011 and has been very successful
contributing 51% of the local revenue of Surabaya. He ascribed
this to the use of ICT in valuation, professionalism of the tax
officers as a well as their ability to set rates that are appropriate.
5 UGANDA Kamba (2007) in his study on the problems of administering
property taxes in Uganda’s largest city, Kampala discovered most
of the problems to be at policy and administrative levels and
concludes that return from rates is weakened by issues related to
lag in collection, poor enforcement, corruption, political
interference as well as inability of the government to provide
necessary infrastructural facilities.
Source: Ayandeji (2012), Analysis of Property Rating Administration in Kaduna State.
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budgetary operations to achieve growth and development. This is done by encouraging capital
formation and investments through public expenditure and tax incentives to private sectors.
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h) The Central Government Ministries have the responsibility of inspecting, monitoring, and supervising
and, where necessary, offering technical advice and training to Local Governments within their
respective sectors as provided in Section 96 of the local Governments Act, 1997 in order to ensure the
implementation of national policies and adherence to performance standards on the part of local
Governments.
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10.1 DEFINITION OF IMPORTANT TERMS
a) Property Rating: Also known as local government value of property paid to local government coffer
as an amount per naira of the dateable value of the property. It is a local government tax based in rates,
which are levied on the basis of ratable values of properties.
b) Rate: Payment for the ownership or occupation of something valuable, that is, rate is payment for the
benefit derived or derivable from services.
c) Ratepayers: Ratepayers are the property owners whose properties are ratable. The word may refer to
occupiers of the property or agents of the property owners especially where the property owners is an
absence landlord.
d) Rating Authority: Means a rating area or a local government charged with the powers to administer
property rating. Where used in this write-up, it applies to Enugu north local government.
e) Local Government Finance: Is the management of inflows of money by the government, that is the
obtaining (of income) and using (or expenditure) of fund.
f) Property Rating Administration: Property rating administration embraced the four board principal
arms involved in property rating namely the assessment, the collection the payment, and the application
machineries.
g) Owner: Includes the person for the time being receiving the rent of the tenement in connection with
which the word is used whether in his own account or as agent of, or trustee for any other person, or
who would receive the sum if such tenement were let to tenant, and the holder of a tenement direct,
from the state whether under lease, license or otherwise.
h) Property: The meaning of property varies not only among individuals but also among professions. To
Estate surveyors and valuer and in fact in legal sense, property consist not of object but of rights over or
in things owned. In other words, property consists of rights which owners exercise over land which
they possess. These rights are: Rights of use, right to claim title to, right of assimilate, and Right to pass
by succession. These rights are referred to as “bundle of right” or property power.
i) Rate Nairage: Means the amount in kobo to be charged on each naira in the assessed ratable value. It
is currently 10k (ten kobo) in Enugu State.
j) Appraiser: In relation to rating is essentially a valuer appointed to assess the value of hereditaments in
the rating authority area.
k) Hereditament: Means any land, tenement or property which are or may become able to any rate in
respect of which valuation list is by the rating Act made possible. In other words, it is any tenement
included in the variation list.
l) Spot Value: Means the amount at which a scheduled tenement is ratable.
m) Rating Area: Means the area of operation of any rating authority. Every local government area is by
section 99 of the local government edict made a rating area.
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