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JCSM Shareware Collection 1993 November
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JCSM Shareware Collection - 1993-11.iso
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APPEAL.TXT
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1993-05-15
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Appeal Process
If you believe there is an error in your
assessment, you should check the appeal procedure.
Usually the procedure is described on your tax bill or
can be obtained from the assessor's office. The most
important part of the procedure is the filing deadline.
In some jurisdictions you have a fairly short time
after receiving the bill, about 30 days, to file an
appeal. Miss the deadline and you cannot file an
appeal until next year's assessment is received.
In a few jurisdictions, if there is a gross error,
such as our example of the swimming pool assessed on
the wrong lot, it may be possible to get a retroactive
adjustment. But generally the deadline is absolute, a
form of statute of limitations, because governments
have to be certain of the amount of tax they will
collect. But if you have corrected an error of this
type, do take a moment to check your local law in case
you can get a refund for the past year or so --
sometimes up to three years. A few places make a
distinction between an erroneous payment and a dispute
over the assessment -- in other words you can't get a
refund in an argument over valuation, but you might get
a refund if you were paying on the wrong lot because
the vacant land next to you was mistakenly added to
your bill instead of the neighbor on the other side who
owned it.
Usually it makes sense to talk with the assessor
before filing a formal appeal. An obvious factual
error on the record card can almost always be corrected
without any trouble.
Other grounds for appeal often won't be heeded by
the assessor. You'll have to go through the appeals
procedure. But discuss it with the assessor first. If
you can document a reasonable case that is likely to
succeed, the successor may be quite willing to either
surrender or compromise. They have things to do
besides spending time before appeals boards, and nobody
likes to be publicly overruled. Depending upon local
law, there are times at which the assessor can
compromise, and times when he cannot. In general, he
can negotiate with you before he certifies the tax roll
and official assessment notices are issued. Usually
after that time an appeal is the only recourse because
the tax roll is no longer under the assessor's legal
authority. But even after that time, if you are
obviously right, he may be prepared to sign a letter of
support for your position, virtually guaranteeing the
board will grant it. For example, if the tax roll has
already been filed, but you were assessed for a
swimming pool you don't have, the assessor will
probably concede the issue in a letter to the appeals
board rather than go through a public hearing.
These negotiations with the assessor should be
kept polite and friendly. Don't accuse him of
favoritism -- just act as though everything is an
unintentional mistake. At the same time, don't be
misled by statements from the assessor as to why your
appeal won't succeed. It may be too late for him to
correct it, and he'd rather save himself the
embarrassment of your appealing an issue he knows he
will lose.
Appeal procedures vary widely, but usually the
assessor's office will give you an appeal form to file
and advise you as to deadlines (if they are not already
printed on the assessment notice). In many
jurisdictions you must attach your documentation, such
as appraisal reports, to the notice of appeal. Study
the rules carefully before you file anything. The
technicalities are critical, and if you don't follow
them you will lose. For example, if the assessment
date is for a value on January 1st, and you hire an
appraiser who does a report as of July 1st, you may
lose because things could have changed in 6 months. Be
sure the appraiser you hire knows what the appraisal is
for, and writes an appropriate report giving his
estimate of the value on the official tax assessment
date, not on the date of his appraisal.
Know in advance what the legal requirements are in
your state. The facts you have to prove vary widely
from state to state. In some it may be enough to show
that your assessment was higher than the average for
your area. In others you may have to prove that your
property was assessed at a higher level than the legal
standard, or higher than nearby comparables, or perhaps
a mixture of all three. Know ahead of time what legal
points you have to cover. Read the law and/or
regulations for yourself. Don't just take the
assessor's word for it. He is a party to the case, not
your legal advisor. You may be able to get free advice
on the requirements from a local taxpayer's
association, or they may have their own publications on
appeals procedures and requirements.
Appeal hearings tend to be informal. You should
have a specific figure that you believe is the correct
market value, and evidence to support your figure. A
generic statement of "it is too high" isn't going to
get you anywhere -- this is a legal process, even
though informal. The burden of proof is on you,
because you are the one who initiated the case. The
assessor does not have to prove that his assessment is
correct -- you have to prove that it is wrong.
Then you must be prepared to answer questions from
the board. The important thing is to answer the
questions calmly and openly. Don't be evasive or get
angry. The board often is not beyond asking trick
questions. A common question is "Would you be willing
to sell the house for its assessed value, or is that
too low?" The assessed value usually is too low for
resale purposes because the assessed value is a
percentage of market value. Don't be fooled by this
question. Of course, you wouldn't sell for the
assessed value, but that isn't relevant. Assessed
value and market value and actual sale price are all
totally different concepts, A property may have
different values for different purposes, just as a word
in the dictionary may have different meanings in
different contexts.
The next thing to check after obvious property
errors on the card is whether you have received all the
exemptions you are entitled to. Most states have
special exemptions of various types -- for senior
citizens who have occupied their home for over five
years, for disabled veterans, for owner-occupied
properties, or for low income owners -- and a host of
others. You need to find out what exemptions exist in
your state and see if you qualify for any of them.
There is often an annual date by which the local
assessor must be notified of the claim to an exemption
in order to obtain it for that year. In some
jurisdictions the exemption is renewed automatically as
long as the same registered owner is listed on the tax
roll -- in others you may have to file a claim form
each year by the deadline. And the deadline may be
very tight, so leaving your mail unopened while you are
in the Caribbean for a month could cost you dearly. If
you expect to be gone for an extended period, check
with the assessor's office to see if any such forms
will be sent during that period, and if you can file
them before your trip. Quite a number of jurisdictions
require an annual card for the owner-occupied
exemption, certifying that the home was owner-occupied
on a certain date, such as April 1st. A few even ask
if the owner or an immediate family member slept in the
home on that date.
Though the odds of success at the appeals board
are high, and millions of people every year do win, you
might lose. Then you have to decide whether the case
is worth taking to court. You'll definitely need to
consult a local lawyer to make this decision. He'll
know what the procedure is and also will be able to
evaluate the decided cases to determine your chances
for success. You have to balance the amount of money
at stake (remembering that you will be saved that much
money each year for the indefinite future) against the
time and attorney's fees involved.
It is rare for a property owner to challenge an
assessment, because few know the odds of succeeding or
realize how likely there is to be an error in the
assessment. Because of the amount of money involved,
it is worth your time to take a trip to the assessor's
office and examine your property card. It could save
you hundreds of dollars per year.