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TAX GRIEVANCE AKA APPEAL AKA CERTIORARI

Where to Find Information Regarding How to Appeal or Grieve Your Property Taxes


Property Tax Grievance Guidelines vary widely by State and sometimes even by municipalities within a state.    A successful real estate tax appeal in most areas of the country is based upon first establishing the market value of your property. In order to reduce your property taxes you must prove that the value of your property is less than the valuation assigned by your assessing district (according to state law in most states, the assessment is deemed to be correct, and the burdon of proof, falls on the petitioner-homeowner to prove otherwise). A recent bonafide arms length sale of the subject property is the best evidence. If the property was not recently purchased, or the purchase was not at arms length (as in an inter-family sale, foreclosure or other sale made under conditions of distress), an appraisal by a state certified appraiser is the next best type of evidence, which is typically used to prove value of your home throughout the process.

Arizona
Arizona Property Valuation and Classification Appeals Process
   How to Appeal Your Property Value   January 1 is the property valuation date for the following tax year. The County Assessor must mail the Notice of Value card to you no later than March 1. The assessor's opinion of the market value of the property is indicated on the postcard as "Full Cash Value". The assessor's determination of the use of the property is reflected in the legal classification as indicated on the postcard.   Your Right To Appeal   If you believe the "Full Cash Value" is greater than the market value of the property - or that the legal classification is incorrect - you have two methods of appeal: Administrative or Judicial. You may appeal the "Full Cash Value" or legal classification to the County Assessor where your property is located. This is the first step of the Administrative Process. Steps for this process are outlined below. OR You may file a petition directly with the Tax Court at any time after receiving the Notice of Value, provided you do not file an administrative appeal - but you must file it no later than December 15. This is the Judicial Process. You are responsible for expenses such as filing fees.

Colorado
Board of Assessment Appeals
  Appeals are typically filed by Postmark-June 10 or In person-June 15, with the Local County Assessor.  Real Property Appeal Procedures

Florida
How to Pay Your Audit Assessment and Notice of Taxpayer Rights
Florida Department of Revenue  Appeals are typically filed within 25 days of mailing of value notice with the Property Appraisal Adjustment Board

Georgia
How to Appeal a Property Tax Assessment   Appeals are typically filed within 30 days from mailing of notice of assessment with the County Board of Tax Assessors

Hawaii  Honolulu  See VII. Tax Appeals/Payment Under Protest   Appeals are typically filed by April 9 (preceeding the tax year) with the District Board of Review

Illinois
Property Tax Appeal Board
   This Site is dedicated to explaining the appeal process before the Board to Illinois property taxpayers.
   Typically, appeals must be filed by September 1 (August 1 in counties with a population under 150,000) Cook County-within 30 days of mailing of notice. Appeals must be filed with the appropriate County Board of Review, Cook County-County Assessor*

Indiana
Appeal of Assessment
  Any property owner or authorized representative of the owner can appeal an assessment to the local Property Tax Assessment Board of Appeals. Appeals must be filed within 30 days from date of notice with County Board of Review

Iowa
Property owners may appeal their initial assessments to local boards of review by filing a written protest between April 16 and May 5 of each year. These boards meet annually in May to consider the protests. In a reassessment year a property owner may protest an assessment for one or more of the following reasons: The assessment is not comparable to others with similar properties. The property is assessed at more than its actual value. The property is exempt from taxation. There is an error in the assessment. The assessment is fraudulent. A property owner may appeal the protest to district court if not satisfied with the board of review’s decision. Contact your assessor’s office for more information.

Kansas
Appeal Guide - Counties Without a Hearing Officer or Panel
  What can I do if I believe the value of my home is too high?   There are two ways to challenge the value of your home: You may appeal the "notice of value" of your home by contacting the county appraiser's office by phone or in writing within 30 days of the mailing date of the notice, or you may fill o ut a "payment under protest" form with the county treasurer at the time you pay your taxes. If an escrow or tax service agent pays your property taxes, then protest no later than January 31st. You cannot appeal using both methods for the same property in the same tax year. So, if you start to appeal your "notice of value," be sure that you follow through with the appeal. You will not be allowed to "pay under protest" later.  March 1 is the Deadline for the county appraiser to notify taxpayers of the value and classification of real property (KSA 79-1460). It may be later than March 1 if your county appraiser requests an extension. Taxpayers have 30 days from the date the “notice of value” is mailed to contact the county appraisers office to appeal the value or classification of their property (KSA 79-1448). If you do not appeal the notice of value, you can still appeal the value or classification when you pay your taxes or by January 31st if your taxes are paid out of an escrow account by filing a “Payment Under Protest”. You cannot appeal your notice and then pay under protest for the same property in the same tax year.

Kentucky
Appeals Process for Real Property Assessments.

Appeals are typically filed by the 14th day after the 1st Monday in May with the County Board of Assessment Appeals

Louisiana
Notice of assessment and right to appeal

Board of Tax Appeals
  Appeals are tyically filed For a 15 day period between August 15 and September (as determined by each assessor) with the Parish Board of Review

Maryland
Property owners sometimes feel that the department's estimate of their property value is wrong. The assessment appeal process is available to allow property owners the opportunity to dispute the value determined by the department. Property values rise and fall to reflect the market. A property owner should file an appeal when they believe that their property is not valued at its current market value.

THE ASSESSMENT APPEAL PROCESS

  
Online Real Property Assessment Appeal Form


Minnesota
Appealing the Value or Classification of Your Property
   Appeals must typically be filed by April 1st with the City or Township Board of Review

Missouri
Appealing Your Property Tax Assessment
   You have a right to appeal your property tax assessment to the State Tax Commission of Missouri. This web page is for those individuals who wish to represent themselves without assistance of an attorney. Only individuals may appear before the Commission without an attorney. A corporation, partnership or other legal entity must be represented by an attorney. This web page is designed to help you in presenting your appeal before the Commission. It is based on the laws in effect at the time it was written. Nothing in this web page gives anyone any greater rights than they would have by law. If there are changes in the law, the facts and procedures in this web page may also change. It is your responsibility to be aware of changes in the laws which affect your right to appeal.  If you live in a first class county or the City of St. Louis you must file your appeal by August 15 or 30 days after the date of the Board of Equalization decision, whichever is later. Contact your county clerk to determine if you county is a first class county. If you live in a county other than a first class county, you must file your appeal to the Commission by September 30 or 30 days after the Board of Equalization decision, whichever is later. These deadlines are set by statute and the Commission has no authority to extend them for any reason. Appeals are typically filed with the county assessor.

Nevada
The State Board of Equalization
  
Appeal of Property Tax Assessments
  Each County Assessor mails to each property owner a written notice of the value of his property in the month of December. If you believe the valuation is incorrect, you may appeal to your local County Board of Equalization. The appeal must be filed no later than January 15. The County Assessor can provide you with the procedure to be followed. Any taxpayer who appealed to the County Board of Equalization and does not agree with the determination, may file an appeal with the State Board of Equalization. The appeal must be filed not later than March 10th of each year. Contact the Department for the procedure to be followed.

New Hampshire
Department of Revenue Administration

PETITIONS FOR RECONSIDERATION OR REDETERMINATION (Appeals)  If the division denies your claim for refund, request or abatement of penalties or interest, or you do not agree with the assessment of additional tax, penalties or interest, you have the right to petition for reconsideration or redetermination. You must file your petition with the Department Hearings Bureau within 60 days after the notice of the assessment or denial. Your petition must be in writing and signed by you or a person you have authorized by power of attorney to sign for you. It must contain the following information:
(a) your name or business, if applicable, address, social security number or federal identification number, or department license number;
(b) name and address of your representative, if any;
(c) a concise statement of the facts and issues involved, and the tax year;
(d) the action that you wish the Department to take; and
(e) the identification of any statutes, rules, orders, cases, or other authority that entitles you to have the Department act as requested.
You may file your petition by delivering it to the Department Hearings Bureau during normal business hours (8:00 am - 4:30 pm) or by mailing it to the following address: NH Dept. of Revenue Administration, Hearings Bureau, 25 Capitol Street, Room 202A,Concord, NH 03301.  A petition sent by mail will be considered timely filed if placed in the United States mail and postmarked on or before the expiration of the applicable 60 day period. If you do not agree with the final decision of the Department, you have the right to appeal, within 30 days of the notice of the decision, by petitioning the Board of Tax and Land Appeals or the Superior court in the county in which you reside or have a place of business. HOW TO CONTACT THE DEPARTMENT  TELEPHONES: Taxpayer Assistance (603) 271-2186, Tax Forms (603) 271-2192.

New Jersey
Property Tax Relief Programs
   Tax Appeals In New Jersey, the specific remedy for property tax complaints is by appeal of the property's assessment to the County Tax Board and the various courts. Appeals must be filed on or before April 1 of the tax year or within 45 days of issuance of a Notice of Change in Assessment with the County Board of Taxation.

New Mexico
APPEAL PROCESS
  Appeals are typically filed within Thirty days from date of assessment notice with the State Property Tax Department-for locally assessed property

New York
NYS Office of Real Property Services.
    The Mission of the Office of Real Property Services is: "To lead the State's efforts to support local governments in their pursuit of real property tax equity."  Appeals must be postmarked no later than 30 days after final assessment roll is filed... Dates vary see:     Filing Dates.    Initial grievance must be filed with the board of assessment review, upon notice of board of assessment review's determination an appeal can be filed with the small claim assessment review section of the NYS Supreme court. >A successful appeal is based upon first establishing the Market Value of your property. In order to reduce your property taxes you must prove that the value of your property is less than the valuation assigned by your assessing district (according to New York State Law, the Assessment is deemed to be correct, and the burdon of proof, falls on the petitioner-homeowner to prove otherwise). A recent bonafide arms length sale of the subject property is the best evidence. If the property was not recently purchased, or the purchase was not at arms length (as in an inter-family sale, foreclosure or other sale made under conditions of distress), An Appraisal by a New York State Certified Appraiser is the next best type of evidence, which is typically used to prove value of your home throughout the process. To determine if you are over assessed, you can multiply the estimated market value of your property by the residential assessment ratio (RAR-see listings above) that has been establshed for your assessing district. If the result is lower than your property's current assessed value, you may reasonably expect that your assessment be reduced to that amount with proper proof and timely filing in accordance with the guidelines set forth by the New York State Office Of Real Property Services.

North Carolina
Appeal Process
  Appeals are typically filed by the first Monday of April with the County Board of Equalization and Review

Ohio   Petition for Reassessment   The appeal period for assessments and final determinations has been lengthened from thirty (30) days to sixty (60) days. The Taxpayer Services Bill, H. B. 612 (effective 9/29/2000), brought about this change. The reason for allowing taxpayers additional time to file an appeal is to give them sufficient time to prepare a thorough appeal. Appeals are typically filed with the County Board of Revision.

Oklahoma
AD VALOREM
  Many questions regarding your local Ad Valorem issues are handled at the county level. You can select the county area you live in to view the contact information for the County Assessor in your area. There are 77 county assessors in Oklahoma, one for each county in the state. Rights of taxpayers. Taxpayers shall continue to have all rights of protest with respect to the valuation and assessment of property as currently specified by statute. If the taxpayer demonstrates to the satisfaction of the county assessor or county board of equalization that the fair cash value is below the capped value, it is appropriate for the county assessor to lower the property to that value. The cap would then be applied annually to that value if all other conditions of the limitation on increases of fair cash value in Article 10, Section 8B, Oklahoma Constitution, are met Appeals are typically filed within 20 days from date of notice with the County Assessor

Oregon
Appeal Rights--Property Tax

Property Value Appeal Procedure
  Appeals are typically filed by May 31 with the County Board of Equalization.

South Carolina
South Carolina Department of Revenue    What if I disagree with my property value?  If after receiving your assessment notice, you disagree with the new value assigned your property, you have the right to appeal. An appeal must be filed in writing within 30 days of receiving the assessment notice. You must file your appeal with the county assessor. Dont wait until your tax bill arrives to appeal your new value; it=s too late then. If you appeal your property value and the appeal is not settled by December 31, you will be billed for at least 80% of the assessed value for the current year. You may request in writing that you be billed for more than 80% in order to avoid paying interest should your appeal not be successful. The tax must be paid by January 15. Once the appeal is resolved, you may receive a refund or be expected to pay additional tax, depending on how the appeal is resolved. You must pay interest at the current prevailing rate on any outstanding taxes owed. Likewise, if your appeal is successful and your taxes are less than what you paid, the county will pay you interest.

Tennessee
Division of Property Assessments
PROPERTY ASSESSMENT FACT SHEET
Basis for an appeal:   property value, inconsistency with comparable properties, incorrect classification (taxes are not a valid basis for appeal) Steps in an appeal: informal discussion with Assessor, County Board of Equalization (meets beginning June 1), State Board of Equalization (must first appeal to county board), Chancery Court

Texas
Texas Property Taxpayers' Remedies
  How to Protest Your Property Value for Property Taxes   Appeals typically must be filed May 31 or within 30 days of valuation notice with the County Appraisal Review Board

Utah
Property Tax Appeals
   A guide to the residential property tax appeals process at the Utah State Tax Commission.   Appeal typically must be filed within 30 days of mailing of tax notice with the County Board of Equalization

Vermont
A HANDBOOK ON PROPERTY TAX APPEALS
  A Joint Project Of The Office Of The Secretary Of State And The Division Of Property Valuation And Review Of The Vermont Department Of Taxes.   Depending on population, appeal must be filed within 14 days of: 0-1,999-May 15, 2,000-2,999-May 25, 3,000-3,999-June 4, 4,000-7,499-June 9, 7,500-9,999-June 19, 10,000 & above-June 24 with the Board of Listers or Assessors

Washington
Washington State Department of Revenue
Appealing Your Property Tax Valuation to the County Board of Equalization
   Appeals are typically filed before July 15th with the County Board of Equalization.

Wisconsin
Property Assessment Appeal Guide For Wisconsin Real Property Owners  Wisconsin Department of Revenue  Appeals are typically filed before Second Monday of May with the County Board of Equalization.

Information provided herein is believed to be accurate, but is not guaranteed. Be sure to check with the municipality involved before proceeding.



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