Menu

Property Tax Resources

Jan
01

Iowa Property Tax Updates

UPDATED March 2019

The Time to Negotiate Iowa Property Tax Assessments is Now

On April 1, 2019, assessors around the state of Iowa will release their property tax assessment values.  This starts the clock for negotiations.

Pursuant to Iowa Code § 441.30, from April 2 until April 25, aggrieved taxpayers may contact local assessors and make an informal request that the assessment be changed.  This can result in a written agreement with the assessor to correct or modify the assessment, or an agreement by the assessor to file a recommendation with the local board of review that the assessment be changed.  Assessors around Iowa take this period seriously.  The time to consider negotiations is now.

Here is a brief overview of the Iowa appeal deadlines:

  • January 1 – Assessment date (Iowa Code § 441.46)
  • April 1 – Assessor’s release assessment values (Iowa Code § 441.23)
  • April 2-25 – Time to negotiate with assessors (Iowa Code § 441.30)
  • April 30 – Iowa Board of Review protests due (Iowa Code § 441.37)
  • Later date of May 31 or 20 days after board of review opinion – Deadline to file appeal with PAAB or district court (Iowa Code §§ 441.37A, 441.37B, 441.38)

This email address is being protected from spambots. You need JavaScript enabled to view it. and Elizabeth Carter
Faegre Baker Daniels LLP
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Kansas Property Tax Updates

Updated september 2019

Kansas Board of Tax Appeals rejects Korpacz /IAAO methodology for Big-Box Retail Properties

The Kansas Board of Tax Appeals recently issued a decision in various tax appeals for Walmart stores located in Johnson County, Kansas. 

 The County hired Peter Korpacz, MAI, and Bliss & Associates to appraise the properties.  The County also hired Dr. Tom Hamilton, MAI,  to join Korpacz in advocating for the new IAAO method of valuing the illegitimate “fee simple subject to a lease”.  

The properties were owner-occupied but Korpacz valued the property ‘as if leased to Walmart with 20 years left on a lease’.  He utilized the sales comparison and income approaches to value the properties and relied on sale leaseback and build-to-suit comparables for both approaches.   The taxpayer’s expert, Gerald Maier, MAI, excluded build-to-suit and sale leaseback comparables to value the property in fee simple. 

 The Board ruled that the County’s methodology was contrary to Kansas law, which prohibits the use of build-to-suit comparables without proper appraisal adjustments to limit the value attributable to the leased fee interest.  The Board reaffirmed Kansas is a fee simple state and not a leased fee state. 

This email address is being protected from spambots. You need JavaScript enabled to view it.
Property Tax Law Group, LLC
American Property Tax Counsel (APTC)

 

Continue reading
Jan
01

Kentucky Property Tax Updates

UPDATED march 2020

Kentucky Extends Property Tax Calendar

In light of the ongoing COVID-19 State of Emergency declared by Governor Beshear, and the effect of the State of Emergency on the operations of state and local government offices, the Kentucky Department of Revenue has taken a number of steps to extend the 2020 property tax calendar.

Personal property tax returns, originally due by May 15th, are now due by July 15th.

For real property, the tax roll inspection period (appeal period), originally scheduled to run from May 4 - 20, will now run from July 6 - 20.  Property valuation administrators are allowed to start their inspection periods before July 6th, but the inspection period cannot close before July 20th.  While the real property tax appeal period will be compressed, the counties plan to send out tax bills on the regular schedule (November and December).

Kentucky law does not provide any type of relief on property valuations for catastrophes or disasters.  Given the January 1st lien date, current policy is that a taxpayer will not be granted valuation relief for 2020 due to COVID-19, but that any diminution in value will be considered for 2021.  This policy is subject to change, although that is unlikely unless Kentucky's legislature provides some emergency relief.

This email address is being protected from spambots. You need JavaScript enabled to view it.
Morgan Pottinger McGarvey
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Louisiana Property Tax Updates

Updated june 2020

Louisiana's Catastrophe Statutes

Like most states, Louisiana has gone through phases of lockdown and reopening due to COVID-19. Our governor also extended filing deadlines for property tax renditions numerous times, but eventually the question will have to be asked: how has all of this affected property tax values? The general rule in Louisiana is that assessments are based on the condition of property on January 1 each year (August 1 in Orleans Parish). However, La. R.S. 47:1978.1, which was enacted after the late summer/fall devastation of Hurricane Katrina in 2005, provides that:

[i]f lands or property, including buildings, structures, or personal property, are damaged, destroyed, non-operational, or uninhabitable due to an emergency declared by the governor or to a disaster or fire, the assessor or assessors within such parish shall assess such lands or property for the year in which damage has occurred at the percentage of fair market value provided in the Constitution of Louisiana by taking into consideration all the damages to the lands or other property, including obsolescence, and the depreciation of the value of such land or other property caused by the disaster, fire, or emergency.

Thus, when the governor declares a public emergency, any property that is (1) damaged, (2) destroyed, (3) nonoperational, or (4) uninhabitable as a result of the emergency is entitled to reassessment regardless of when the public emergency occurred.

The Louisiana Tax Commission has confirmed that La. R.S. 47:1978.1 applies to property affected by COVID-19. However, it has not specified the type of information that must be provided to assessors to substantiate any COVID-19 reduction in value. Some suggestions: financial statements, profit and loss statements, revenue and expense information, and sales information, preferably presented in year-over-year/month-over-month format for easy (and irrefutable) comparison.

Additionally, taxpayers may request a hardship deferral that allows for a short-term delay in making property tax payments under La. R.S. 47:3702.  


Angela W. Adolph
Kean Miller LLP
American Property Tax Counsel (APTC)

PILOT Gets A Second Chance

Louisiana has long relied on its Industrial Tax Exemption Program ("ITEP") as an economic development engine for manufacturing.  Several years ago, a coalition of industry associations promoted Payments In Lieu of Taxes ("PILOT") as an alternative to ITEP to create greater flexibility in assessments of manufacturing facilities.   After getting no traction for years, the legislation finally passed this year (Act 370).  Essentially, the legislation creates a new classification of exempt property and allows taxing jurisdictions and taxpayers to negotiate PILOT on that exempt property.  The legislation requires an amendment to the Louisiana Constitution, which proposal will be on the November 3 ballot.  

Angela W. Adolph
Kean Miller LLP
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Maine Property Tax Updates

Updated December 2014

Ignoring The Assessor's Inquiries Can Be Fatal To Your Appeal

In Maine the assessor may require the taxpayer to answer in writing all proper inquires as to the nature, situation, and value of the taxpayer's property liable to be taxed. This request can include income, expenses, manufacturing or generational efficiencies, manufactured or generated sale price trends, or other related information. A taxpayer has thirty days to respond to the inquiring. Upon written request a taxpayer has an automatic thirty day extension to respond to the inquiring. The failure to supply the information will bar the taxpayer the right of appeal. Please be aware that some assessors use this provision of the law to inundate the taxpayer with inquires. The property of some of these inquires is questionable and some inquires appear to be patently improper. These inquires can be a cynical attempt to have the taxpayer's appeal dismissed for failing to comply with an inquiry.

David G. Saliba
Saliba & Saliba
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Maryland Property Tax Updates

UPDATED September 2019

Upcoming 2020 Reassessment and Mid-Cycle Appeal Deadline

Major markets in Maryland set to be reassessed as of 1/1/2020 are Bethesda & Chevy Chase (Montgomery County), Laurel & Bowie (Prince George’s County), Hanover & the BWI Airport area (Anne Arundel County), Mount Vernon & Midtown (Baltimore City) and Towson (Baltimore County).  Even if your property is not set to be reassessed, a mid-cycle appeal can be filed.  It must be noted by January 2, 2020.  Please contact Wilkes Artis to review your property to determine if a mid-cycle appeal is warranted.   

Kevin E. Kozlowski, Esq.
Wilkes Artis, Chartered
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Massachusetts Property Tax Updates

UPDATED march 2020

Devaluation of Real Estate Due to the Covid-19 Virus

As of March 2020, the COVID-19 pandemic has caused a serious disruption in many businesses. Some businesses have shut their doors, and some will never reopen. It is unknown how long the crisis will continue. This leaves property owners in a poor position to pay mortgages, employees, and other bills. In Massachusetts the assessing date is January 1. The next tax bill issued will be for Fiscal Year 2021. That tax bill has an assessing date of January 1, 2020. A problem for property owners is that on January 1, 2020 in general the economy was doing well. Notwithstanding the disconnect between the assessing date and the timing of the COVID-19 pandemic it would be prudent for property owners to file for an abatement for Fiscal Year 2021. Many assessors will want to deal with this obviously serious problem sooner rather than later.

David G. Saliba
Saliba & Saliba
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Michigan Property Tax Updates

UPDATED june 2020

Michigan Extends 2020 Property Tax Appeal Deadline

Due to the challenges property taxpayers faced as the pandemic took hold, Honigman’s Tax Appeal Group sought legislation to provide additional time for filing 2020 tax appeals.  That effort successfully ended on June 11, when Michigan House Bill 5766 became Public Act 88 of 2020, and August 31 became the State’s new property tax appeal deadline for the current 2020 tax year.

Honigman convincingly argued to legislators in Lansing that without the extension of the filing deadline, due to the pandemic and government office closures, taxpayers would be deprived of fundamental fairness and due process.  Legislators agreed.  The bill passed unanimously in both the Michigan House and the Michigan Senate, and it was signed into law by the Governor on June 11.  With this additional time, taxpayers can now take a holistic approach and carefully evaluate their 2020 Michigan property taxation.

Stewart Mandell
Honigman LLP
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Minnesota Property Tax Updates

Updated june 2020

Coping with COVID and Civil Unrest

The times we live in are challenging for everyone, and commercial property owners are not being spared.  Many retail properties were closed for months, and the hospitality industry has been ravaged.  Office employees have been working from home, and many in the industry suspect that office use by corporations, law firms, and other traditional users of such space will change forever. 

The financial pressures on properties are real, and have been recognized by many Minnesota counties that extended payment deadlines for first half 2020 tax payments by forgiving penalties.  Assessing jurisdictions are also reaching out to property owners who may qualify for disaster relief because structures were significantly damaged in the Twin Cities’ recent civil unrest following the death of George Floyd in Minneapolis police custody.

The issue for many owners is whether assessing jurisdictions can react quickly enough to the distress to afford meaningful tax relief.  Taxpayers may face valuation analyses by assessors that bear no relationship to the changed circumstances 2020 has brought.  It’s more imperative than ever that the financial realities faced by owners be shared with assessors so that properties can survive the turmoil.

Mark Maher
Smith, Gendler, Shiell, Sheff, Ford & Maher
American Property Tax Counsel (APTC)

Continue reading
Jan
01

Missouri Property Tax Updates

Updated June 2016

Personal Property Statute

On August 28, 2015 the Missouri Legislature enacted Section 137.122.1 which requires county assessors to apply the “standardized schedule of depreciation” to determine assessed value of personal property which will be “presumed to be correct.”

Owners may challenge the assessment by presenting substantial and persuasive evidence of value.

It appears many county assessors are resisting using the depreciation concept in setting assessed value. Only time will tell how this plays out.

Jerome Wallach
The Wallach Law Firm
American Property Tax Counsel (APTC)

Continue reading

American Property Tax Counsel

Recent Published Property Tax Articles

Tax Pitfalls, Opportunities in Pittsburgh

Here's what investors should know before buying or developing in the Steel City.

Over the past decade, Pittsburgh has been named the most livable city in the continental U.S., a hipster haven, a tech hub and other trendy titles. Publications laud the city's affordable housing stock in a stable real estate...

Read more

Unjust Property Taxes Amid COVID-19

​Cris K. O'Neall Esq. of Greenberg Traurig LLP discusses why multifamily property taxes are excessive and what taxpayers should do about it.

While COVID-19 has diminished value and property tax liability for all types of real property, it has been especially hard on multifamily housing owners.

State and local shelter-in-place orders that...

Read more

How to Fight Excessive Property Taxes During COVID-19

Cash-strapped municipalities may look to extract more revenue from commercial properties.

It would be difficult to conceive of a more impactful event for the commercial real estate market than the coronavirus pandemic. Short of finding a cure for COVID-19, the tremendous state of flux in the sector will test the resourcefulness...

Read more

Member Spotlight

Members

Forgot your password? / Forgot your username?