Tax Appeal Seminar Urges Property Owners to Take Action to Reduce Their Tax Bills

Cole Schotz, along with professional appraisers from Integra Realty Resources, presented an informative seminar to clients and interested commercial property owners, managers and brokers titled "The Time to Fight City Hall is Now -- Why a Real Estate Tax Appeal Makes Sense" on March 3, 2010. The presenters covered the nuts and bolts of tax assessments, the appeal process, strategies to win on appeal, as well as a market-wide survey of current conditions and expectations, laying out a roadmap for action.

Because a property's tax burden can represent one of the more significant components of its operating costs, conducting an annual review of a property's assessment with your professionals: lawyers and appraisers alike, is critical to good management. Last year saw record filings with the tax court. This year, with the commercial real estate market continuing in recession, significant filings are again expected.

Despite this trend, the amount of qualified candidates filing appeals continues however to represent only a fraction of those who should be availing themselves of the tax appeal procedure. In a market where major sectors: Office, Retail, Industrial and Multifamily have experienced increased vacancy rates and greater demand for rent concessions and landlord work letters, the market values of these properties have decreased resulting in overassessments for real estate tax purposes.

Tax appeals must be filed by April 1, 2010.

The Annual Real Property Tax Appeal Countdown Has Begun

The 2010 Property Tax Environment is Ripe for Appeals and Represents a Real Opportunity for Significant Tax:

With measurable declines in the real estate market, evidenced, by rising vacancy and falling rental rates, the pursuit of a real property tax appeal has never been more compelling. In fact, municipalities are already bracing themselves for what is expected to be a tsunami of tax appeal filings. Last year, unprecedented levels of appeals were filed and towns have been left scrambling since. Adjustments to assessment levels were largely in order for 2009 and will continue to be justified in the present tax year. Towns are aware that their property assessments are not in line with the current economic climate and declining property values. It is therefore expected that significant adjustments are either going to occur voluntarily, through compromise, or involuntarily, by virtue of the mandates of Tax Court judgments. Consequently, for those who take action, it is likely that a reduction in assessment and a resulting reduction in taxes will be achieved.

The only way to take advantage of the opportunity to realize significant tax savings and improve one’s bottom line is to pursue a timely filed tax appeal. The 2010 tax appeal filing deadline is April 1, 2010 so there is little time to waste.

The first step is for a property owner or a tenant, responsible for a majority of the property tax obligation, to review the Property Tax Assessment Notice (post card), which will be mailed to taxpayers by the towns in the next few weeks. This post card identifies the property tax assessment imposed upon the property for 2010.

This assessment number is, however, deceptive, as it does not, without proper adjustment, tell the owner the true value at which the town has assessed the property. Many taxpayers are falsely lulled into believing that their property assessment equals true value and is therefore correct. This error could be an expensive mistake.

Towns employ what is called an average or ”equalization” ratio in order to convert the property tax assessment to the value (the so-called “equalization value”). Only by comparing this adjusted assessment number (“equalization value”) to the actual value of the property, may a proper analysis be undertaken to determine whether an appeal has merit. Taxpayers who take no action are thus often stuck with paying an ever-increasing tax bill.

Once the Property Tax Assessment card is reviewed, a property owner should therefore quickly move to schedule an appointment with an attorney experienced in this area in order to determine the merits of a possible appeal. By taking this simple, but important step, a property owner can ensure that it is paying only its fair share of the municipal real property tax burden. This is where the involvement of an experienced attorney can be of tremendous help. With our experience and relationships with professional appraisers, we are able to perform, at no cost to you, a preliminary analysis to determine if an appeal is warranted. If so, the preparation and filing of a tax appeal complaint will be recommended and pursued at your election.
 

Short Cuts Will Not Be Tolerated When it Comes to Real Property Value Determinations

In a newly decided New Jersey Appellate Division case, Pansini Custom Design Associates LLC v. City of Ocean City, the court, made clear that application of the simpleton approach of merely averaging comparables or the results of competing appraisal reports, will not do. In Pansini, the court found that such an approach to valuation represents a shirking of the fact-finder's responsibility to reach a "reasoned, just and factually supported conclusion of value." The court went on to hold that relying upon such a "simple mathematical formula is an unacceptable methodology for fulfilling one's role as a fact-finder."

Moreover the Tax Court of New Jersey has also recognized that permitting the use of averaging would only serve to encourage appraisal experts to slant their conclusions to the extremes. It has been recognized that permitting averaging to be utilized would mean appraisers would "intentionally distort and skew the values to insure a high or low number without concern that the fact finder must resolve the issue with a careful analysis of data that may result in adoption of one appraisal figure over another.”

In the end, the analysis which must be conducted should instead include a careful assessment of sales data, making appropriate and reasoned adjustments to reflect a host of factors, including: the time of sale, location, amenities, physical characteristics, utility and desirability of the properties held up for comparison. Importantly, the Pansini decision also served to reinforce the well-settled principle that comparable sale data is only of value to a reasoned valuation analysis where the gross magnitude of necessary adjustments to the “comparables” do not serve to belie comparability.

Anytime valuation of real property is at issue, whether in connection with parties’ contractual arrangements, or a tax court or condemnation proceeding, it is incumbent upon parties and professionals alike to ensure that the ultimate value conclusions reached by their appraisal experts are based upon empirical data and observations of existing and surrounding conditions and not simply a mathematical exercise.