Menu

Property Tax Resources

3 minutes reading time (500 words)

Paid Rent - Not Lease Rates - Reveal Taxable Value

" Few U.S. markets are stable these days, however. In today's economic tumult, a property's leased fee position—its value based on contract lease rates—may not reflect current, dire market conditions that can bring down its taxable value..."

By Mark Maher, Esq., as published by Commercial Property Executive, September 2010

Many states assess commercial property on a fee-simple basis, using market rents and vacancy rates to calculate a property's potential income and value. That may work in a stable market, where multi-tenant properties have rent rolls that continually turn over and are consistent with market rents.

Few U.S. markets are stable these days, however. In today's economic tumult, a property's leased fee position—its value based on contract lease rates—may not reflect current, dire market conditions that can bring down its taxable value. It's more important than ever to educate the assessor to the realities of leasing in 2010.

In many cases, the data in the rent roll don't convey the full story of a property's performance. Tenants may be missing payments or be late in meeting their obligations. Some spaces might be rented but physically vacant as companies close sites and consolidate operations. This "shadow space" that is leased but unoccupied reduces the appeal of the rest of the property to potential new users. Worse yet, shadow space is often available for sublease and directly competes with the landlord for tenants, usually at attractively low rates.

Another common source of overvaluation by assessors is published asking rental rates, which many jurisdictions equate to market rates. Such information is easily available and busy assessors often revert to it as a starting point for valuing properties.

The property owner's leasing team is the best source of information to establish the new, lower market rents that will produce an assessment in line with true value. The taxpayer can build a case by providing examples of tenants signing leases for low rent, but that task may prove challenging because few tenants are currently taking new space.

As an alternative, property owners can marshal anecdotes of failed leasing efforts in order to counter asking-rent data. Lost and dead leasing deals need to be detailed so that assessors can place themselves in the property owner's shoes.

Remember that few assessors have experienced a precipitous downturn before. It's in the taxpayer's best interest to educate assessors on the realities of leasing in a down market.

MMaherMark Maher is a partner in the Minneapolis-based law firm of Smith Gendler Shiell Sheff Ford & Maher, the Minnesota member of American Property Tax Counsel (APTC), the national affiliation of property tax attorneys. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..

The Tax Credit Conundrum
Controversy Emerges Over Michigan Business Tax Cre...

American Property Tax Counsel

Recent Published Property Tax Articles

Texas' Taxing Times

​How changes to the Texas property tax law may impact you, and how COVID-19 plays a role this season.

Property taxes are big news in Texas. Last year, property taxes were a primary focus of the 86th Legislature, and Gov. Greg Abbott deemed property tax relief so important that he declared...

Read more

The Terrible T’s of Inventory: Timing and Taxes

​States that impose inventory taxes put their constituent businesses at a competitive disadvantage.

Inventory taxes pose an additional cost of doing business in more than a dozen states, and despite efforts to mitigate the competitive disadvantage the practice creates for many taxpayers, policymakers have yet to propose an equitable fix.

Virtually all...

Read more

Why Assessor Estimates Create Ambiguity

Kieran Jennings of Siegel Jennings Co. explains how taxpayers and assessors ensure a fair system, with tremendous swings in assessment and taxes.

A fundamental problem plaguing the property tax system is its reliance on the government's opinion of a property's taxable value. Taxes on income or retail sales reflect hard numbers;...

Read more

Member Spotlight

Members

Forgot your password? / Forgot your username?