Appealing an assessment can be arduous or intimidating,
says Amherst, Mass., real estate broker James Lumley,
author of Challenge Your Taxes: Homeowner's Guide to
Reducing Your Property Taxes (John Wiley & Sons,
$19.95). Most disputes are settled not in a courtroom but
in informal hearings with the assessor. "Usually, the
process is not that big a deal," says Lumley. Other times
you'll wish you hired a professional service.
You're most likely to get a reduction if you find a
factual error in your assessment. In that case, all you
have to do is make an appointment with the assessor and
bring proof -- such as comparables, a residential form
1004, maps, photos and floor plans -- that backs up
your claims. If, for example, you show that your modest
three-bedroom, one-and-a-half-bath house is described as a
stately five-bedroom, three-and-a-half-bath manse, a
reduction may be made on the spot.
Mistakes in assessments happen more often than you might
think. Ron Napier, a real estate tax appeal specialist in
Oak Park, Ill., says he finds errors in at least 60% of the
cases he takes on. For instance, the assessor may have
entered the age of the house or the number of bedrooms and
baths incorrectly, or overlooked something that's sure to
hurt, such as leaky plumbing or asbestos siding. Or perhaps
the assessment shows a garage that has since been
demolished. Occasionally, the assessor records information
on the wrong house. The most common mistake is measuring
incorrectly (only heated and livable space should be
counted). You probably won't get an adjustment if the
difference you find is trivial, but Napier, a former
assessor himself, has seen cases in which the measurements
are off by as much as 1,000 square feet. "That's almost a
house in itself," he says.
Analyze your situation
Another way to get a reduction is to show that the value
placed on your home is out of whack compared with
assessments received by your neighbors. This may also be a
relatively simple process if you can find at least three
properties in your neighborhood that are similar to yours
but have significantly lower assessments. (Your tax
jurisdiction may publish the magic number it deems
"significant," such as 15%.) Real estate agents are usually
happy to help homeowners learn the ropes because such
assistance builds goodwill. "It's not an imposition," says
agent Rick Turner of Hilton Head, S.C., who fields such
requests two or three times a year. "After all, I'm in a
service industry."
The trick is to find houses that are both close by and
similar to your own. Supporting evidence, such as photos
and floor plans, helps. If you can prove that your house is
actually in worse condition than the comparables -- for
instance, yours has a cracked foundation or flood damage,
and your neighbor just put on a new deck and remodeled the
kitchen with all the bells and whistles -- all the
better.
There are other ways to get your assessment reduced, but
these can be a bit more complicated and expensive. For
instance, Lumley received an assessment of $45,000 a few
years ago on a lot he had inherited in Pelham, Mass. But
the four-acre lot was unbuildable because it sat on
wetlands. Hiring a wetlands expert to prove this cost him
more than $200, but it paid off in spades -- his tax bill
was knocked down to $100 a year, roughly one-tenth of the
original amount. "You have to make your case so that any
damn fool can see there's an egregious error," he says.
In building a case, it helps to know what method is
being used to value your home. Theoretically, similar
houses are supposed to have equal and fair assessments,
based on current market value. Assessors can use several
techniques to determine this value, including the
cost-per-square-foot method and the "income method" (which
establishes how much income the property could produce).
But most common are the "cost" approach (which estimates
what it would cost to replace your house) and the "market"
approach (which looks at prices fetched by similar homes
that have sold recently).
Most homeowners find it easiest to use the market
approach in their appeal, but it doesn't hurt to ask the
assessor to walk you through the steps that government
officials used to calculate the value. You may find that
errors were made either in the calculations or in the
assumptions behind them.
In theory, all houses are supposed to be inspected on
the same day, in the same way, by well-trained assessors.
But that just isn't how it happens in the real world.
Because of Proposition 13, for example, properties in
California are reappraised every time a change in ownership
occurs or new construction takes place; otherwise,
assessments can't be increased by more than 2% a year. Many
other taxing juris-dictions rely on bulk appraisals, often
done by outside companies rather than government employees,
and don't bother to inspect anything except new
construction or additions. Even when properties are
inspected, the examination may be nothing more than a
drive-by. There simply are not enough trained assessors to
go around, and they are often prevented from going inside
by growling, over-protective pets -- or owners.
To adjust for changes in prices between inspections,
some taxing authorities use a system called trending. This
determines a neighborhood's assessments based on current
average and median sale prices. Such a system is inherently
imperfect: Some houses will always be over-assessed, and
others under-assessed. Because of trending, it's even
possible for a house that recently sold below assessed
value to get an assessment increase. "No one sits around
looking at individual sales," says Bill Panaretos, chairman
of the Multnomah County Board of Property Tax Appeal, in
Oregon. "It's not picked up unless an individual appeals."
If you can prove your house is currently on the market with
a broker for less than its assessed value, or recently sold
for less, you have good grounds for a reduction.
Make your case
Although you may need to ask, assessment numbers are
public information and are available through your
assessor's office. And while you're at it, check property
cards to make sure that other homeowners in your
neighborhood are being taxed consistently for improvements,
such as swimming pools and carports.
Assessors usually ignore upgrades, such as a new roof or
paint job, because they're part of routine maintenance. But
what buyer isn't swayed by signs that a house has been well
maintained? When you visit homes you'll be using as
comparables, remember that houses are supposed to be
assessed at market value. So anything that shows your home
has fewer upgrades and less curb appeal than comparable
houses should be documented.
Obviously, it's easier to compare apples to apples if
you live in a subdivision or condominium complex. But even
owners who live in less common circumstances have won
appeals. Sean Sheridan lives in a duplex in a mostly
commercial Chicago neighborhood. When he moved there in
1998, his property-tax bill was $9,400 -- way too high,
Sheridan thought, especially because the bottom half of his
building wasn't rented or producing income. Sheridan looked
up 15 comparable rent-producing properties at the county
courthouse and took pictures of five of them. Armed with
these facts, he went before a review board and got his bill
slashed by more than half. "What have you got to lose?" he
asks.
Take action
As Congress faces mounting deficits and state
legislators struggle with shrinking coffers, local tax
collectors have something to smile about: Rising property
values can automatically push up property-tax revenues.
Property-tax bills are based on two things: your home's
assessed value and the local property-tax rate. As home
values soar across the nation -- the median price of
existing homes jumped 10.1% between the third quarter of
2002 and the same period in 2003 -- property-tax bills
increase even if tax rates don't. That's all the more
reason to make sure you're not over-assessed.
1| Look for obvious errors in the description of
your house in the official records, such as incorrect age,
square footage, condition or acreage. If you find a
mistake, document it with blueprints, surveys, photographs
and inspection reports.
2| Compare the assessed value of your house with
the assessments on similar homes in your neighborhood. This
is public information and is available by contacting an
appraiser familiar with your community. Some Web sites have
inaccurate data and won't work to lower your property tax
bill.
3| Ask a real estate agent or your assessor for a
list of all sales within the past six months in your
neighborhood. Identify three to six homes that are similar
to yours and located near your property. Ask if any sales
were the result of unusual circumstances, such as a
property exchange or a sale among relatives (assessors
might throw these comparisons out).
4| Look for differences in lot size, floor plans,
view and proximity to adverse factors (such as a noisy
superhighway) that could influence value. Although only
closed sales matter when determining comparable value,
visit open houses regularly in your area so you know how
they compare with yours.
5| Take a copy of your purchase contract to any
hearing and, if possible, copies of property-record cards
for your house and comparable ones.
6| Take photos of your house and comparables --
and swallow your ego. You want to show your house's warts,
such as foundation cracks or a sagging deck. Conversely,
show what makes your neighbors' homes shine. But don't get
carried away with photos, or you'll bore the board.
7| Get a copy of your most recent home appraisal,
which was probably done in connection with a mortgage. If
it was for a refinance, you might want to pay to have your
house appraised again. In a refinance, some appraisers have
been known to underestimate market values. Review boards
know this.
8| Check for special homestead exemptions or tax
reductions for the disabled, senior citizens, veterans and
low-income homeowners. Historic or energy-conserving
buildings may get a break, too. Make sure you include all
the breaks you deserve.
9| Calculate and put in writing the reduction you
believe you are entitled to, along with your reasons.
10| Don't let a technicality doom your cause. Use
whatever forms your jurisdiction requires and meet all
deadlines. It's also a good idea to watch the review board
in action in advance, so you get a feel for the kind of
approach the members like and the evidence they
require.