What ever happened to former Miami Dolphin quarterback Dan Marino? We have no idea, but what we do know is how much his property tax assessment is! So, if you want to be as well-informed as we are--at least as far as Dan Marino's assessment is concerned, click here.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Tuesday, April 25, 2006
Wednesday, April 19, 2006
HURRICANE SUPPLY SALES TAX HOLIDAY MAY 21 THROUGH JUNE 1
Florida legislators are presently considering a sales tax holiday for pre-hurricane season purchase of storm supplies.
The Florida House reviewed a bill intended to give $42 million in sales tax breaks to purchasers of hurricane supplies for 12 days in annually in the month of May, commencing this year, 2006. The House passed the measure with 117 votes in favor and only one against. The bill was sent on to the Senate, which is expected to approve it. If approved, the legislation proceeds to Governor Jeb Bush for his signature. week.
From May 21 through June 1, Floridians will be able to purchase in limited quantities certain hurricane supplies, as well as unlimited quantities of hurricane shutters and generators free of state sales tax. Sales tax in Florida amounts to between 6% and 7%, depending upon local options.
Included in the bill are electric generators selling for up to $1,000, instead of last year's $500. Storm shutters selling for as much as $200 each are also covered by the bill. Plywood is not included.
National Hurricane Preparedness Week falls immediately before the start of hurricane season on June 1. The tax break was adopted for 2005 during last year's leislative session. This year's bill makes the sales tax holiday an annual event.
________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
The Florida House reviewed a bill intended to give $42 million in sales tax breaks to purchasers of hurricane supplies for 12 days in annually in the month of May, commencing this year, 2006. The House passed the measure with 117 votes in favor and only one against. The bill was sent on to the Senate, which is expected to approve it. If approved, the legislation proceeds to Governor Jeb Bush for his signature. week.
From May 21 through June 1, Floridians will be able to purchase in limited quantities certain hurricane supplies, as well as unlimited quantities of hurricane shutters and generators free of state sales tax. Sales tax in Florida amounts to between 6% and 7%, depending upon local options.
Included in the bill are electric generators selling for up to $1,000, instead of last year's $500. Storm shutters selling for as much as $200 each are also covered by the bill. Plywood is not included.
National Hurricane Preparedness Week falls immediately before the start of hurricane season on June 1. The tax break was adopted for 2005 during last year's leislative session. This year's bill makes the sales tax holiday an annual event.
________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Saturday, April 15, 2006
MIAMI BEACH ISSUES $200 PROPERTY TAX "DIVIDEND": LEGAL?
This week, 160,000 City of Miami Beach homestead-exempt property owners received a $200 "dividend" check in the mail.
Unprecedented? Yes.
Lawful? Decidely not.
Looks good to most local voters to see an unsolicited check in the mail for $200, doesn't it? You bet, even if the City Commission spent a few extra cents for the cover letter reminding you who your incumbent Mayor and City Commissioners are (who obviously voted to approve this largesse).
But what about homeowners who don't have homestead exemption? And what about the commercial property owners? Did they get anything back? No. But government decisionmaking is all about figuring out where to draw the lines, who gets included and who gets excluded, after all, isn't it?
Is it being too cynical to point out that the homestead exemption statute expressly cross-refernces the voters' registration statute? Cynical? Who, me?
But let's get to the point. The so-called "dividend" is essentially a tax refund or after-the-fact diminution in the tax rate, made available to only a portion of the population of City of Miami Beach taxpayers. As such, it is illegal.
To their credit, the City is completely upfront about the differential tax rate. Or at least it was when Mayor David Dermer first introduced this feel-good provision during the budget hearings in September 2005. That was the time of the year when every city and county and school board and water managaement district and every other taxing authtority looked at its budget and set its millage, i.e., tax rate for the year. The budget resolution actually specifies the amount of the slight reduction in millage for this select group of taxpayers eligible for the tax refund.
Only trouble with that is that the Florida Constitution mandates a uniform tax rate for each and every taxpayer in the jusrisdiction. Under that standard, it's constitutionally impermissible to levy 24.18 mills against all the property on the City of Miami Beach EXCEPT homestead property, and then effectively apply to those voters--whoops, I mean taxpaers, of course--a smidgen lower millage rate, ginned up in the form of a "dividend."
Well, this raises the specter of the old philosophical exercise, "What if a tree falls in the forest and there is no one there to hear it? Is there still a sound?" This time, the question morphs into, "What if the City issues an unlawful dividend of $200 to each of 160,000 taxpayers and no one complains about it? Is it still a violation?"
Frankly, this is why it's helpful not just to know the law, but know when certain nominal violations may be ignored by local government. This doesnt apply just to property tax. It applies in code enforcement, zoning, traffic enforcement, you name it. That's probably why a local judge once said, "An ounce of experience is worth a pound of law."
Well, that's about enough philosophizing for one blog entry. That's all for now.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Unprecedented? Yes.
Lawful? Decidely not.
Looks good to most local voters to see an unsolicited check in the mail for $200, doesn't it? You bet, even if the City Commission spent a few extra cents for the cover letter reminding you who your incumbent Mayor and City Commissioners are (who obviously voted to approve this largesse).
But what about homeowners who don't have homestead exemption? And what about the commercial property owners? Did they get anything back? No. But government decisionmaking is all about figuring out where to draw the lines, who gets included and who gets excluded, after all, isn't it?
Is it being too cynical to point out that the homestead exemption statute expressly cross-refernces the voters' registration statute? Cynical? Who, me?
But let's get to the point. The so-called "dividend" is essentially a tax refund or after-the-fact diminution in the tax rate, made available to only a portion of the population of City of Miami Beach taxpayers. As such, it is illegal.
To their credit, the City is completely upfront about the differential tax rate. Or at least it was when Mayor David Dermer first introduced this feel-good provision during the budget hearings in September 2005. That was the time of the year when every city and county and school board and water managaement district and every other taxing authtority looked at its budget and set its millage, i.e., tax rate for the year. The budget resolution actually specifies the amount of the slight reduction in millage for this select group of taxpayers eligible for the tax refund.
Only trouble with that is that the Florida Constitution mandates a uniform tax rate for each and every taxpayer in the jusrisdiction. Under that standard, it's constitutionally impermissible to levy 24.18 mills against all the property on the City of Miami Beach EXCEPT homestead property, and then effectively apply to those voters--whoops, I mean taxpaers, of course--a smidgen lower millage rate, ginned up in the form of a "dividend."
Well, this raises the specter of the old philosophical exercise, "What if a tree falls in the forest and there is no one there to hear it? Is there still a sound?" This time, the question morphs into, "What if the City issues an unlawful dividend of $200 to each of 160,000 taxpayers and no one complains about it? Is it still a violation?"
Frankly, this is why it's helpful not just to know the law, but know when certain nominal violations may be ignored by local government. This doesnt apply just to property tax. It applies in code enforcement, zoning, traffic enforcement, you name it. That's probably why a local judge once said, "An ounce of experience is worth a pound of law."
Well, that's about enough philosophizing for one blog entry. That's all for now.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Thursday, April 13, 2006
CELEBRITY PROPERTY TAX ASSESSMENTS: DONNA SHALALA
Who's the #1 University of Miami Hurricanes sports fan? If you said U. M. President (and former Cabinet member) Donna Shalala, score a field goal! And if you want to see the Prexy's property tax assessment, click here.
_______________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
_______________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
CELEBRITY PROPERTY TAX ASSESSMENTS: ALONZO MOURNING
Time to inquire into the South Florida property tax assessment of the new home of Miami Heat perennial Alonzo Mourning and his community activist wife Tracy? Click here.
_________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
_________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
CELEBRITY PROPERTY TAX ASSESSMENTS: MICHAEL DOLEAC
What is 6'11' Miami Heat Center Michael Doleac's property tax assessment? Isn't that what everyone's talking about at the water cooler at your office? If not, here's your chance to introduce the topic!
____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
For more information click here
____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
For more information click here
Wednesday, April 12, 2006
CELEBRITY PROPERTY TAX ASSESSMENTS: JACKIE GLEASON
Ever wonder where Jackie Gleason lived when he filmed the Jackie Gleason television show at the Miami Beach Auditorium lo these many years ago? Not surprisingly in view of his penchant for using a golf club as a prop on his long-running TV show, Gleason lived across from the municipal golf course on Alton Road. Click here to view the house Gleason had built with eleven bedrooms and seven baths to accommodate his frequent celebrity houseguests.
____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
CELEBRITY PROPERTY TAX ASSESSMENTS: LENNY KRAVITZ
Ever wonder where latter-day-Hendrix guitarist Lenny Kravitz used to live on Miami Beach? Wonder no longer; instead click here.
_______________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
_______________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
WHY HIRE A PROPERTY TAX ATTORNEY?
1) Why would someone need a property tax attorney?
To try to save money on your annual tax bill, usually with no risk to you except a small initial filing or preparation fee.
Benjamin Franklin said, “Nothing is inevitable except death and taxes.” With cryonics, even death may not be inevitable; with a good property tax attorney or tax agent, payment of property taxes may be inevitable, but the amount of taxes due may not be inevitable.
Let me qualify that. In the right hands—and in extremely rare cases—the liability for any taxes at all on some parcels may not be inevitable. I recently completely eliminated a $510,000 assessment on homeowners’ association commonly-owned land. I was able to accomplish this simply by knowing the applicable law.
I’ve also just given you an answer to a variation of the question you asked, namely, “Why would someone need a property tax attorney, and not just a real estate broker, appraiser or accountant to appeal property taxes?” The answer, as implied by my earlier comment, is that attorneys are schooled in identifying and analyzing legal issues. Without exception, every property tax assessment and exemption decision is governed by specific legal regulations. Who better to evaluate and formulate a possible challenge to the validity of an assessment than an experienced property tax attorney?
2) Can hiring a property tax attorney actually save me money?
Not to be too lawyerly about this, but the answer is definitely “maybe.” But seriously, as with any economic decision, ask yourself about the costs and the benefits.
Typically, a property tax attorney can be hired on a contingency fee basis. This means that if no tax reduction is obtained, no fee is due.
Under these circumstances the decision whether to hire a tax appeal agent is a “no brainer”; the most you have to lose is a nominal initial filing and preparation fee. The most you have to gain is a tax refund. Tax refunds may range in size from a few dollars to over a hundred thousand dollars.
In some taxing jurisdictions, once a legal or factual error is pointed out to the tax assessor or property appraiser, the correction can result in a benefit to the taxpayer for future years, as well. I recently had occasion to point out that a parcel of property was landlocked due to the taking of adjacent property by eminent domain. The county reduced the assessment by nearly 90%, resulting in thousands of dollars saved annually by the property owner.
Each case must be evaluated individually. As stockbrokers say, “Past performance is not an indication of future results.” Have your property tax attorney spend a few minutes with you evaluating the potential claims on each piece of real estate you own.
3) What is a homestead exemption and why should every home owner in Florida have one?
A homestead exemption is a legal provision which exempts from real estate taxation a portion of the value of the permanent residence of the owner.
Homestead property tax exemptions in Florida have two features. First, $25,000 of the assessed value is exempt from taxation. This feature alone sometimes represents annual tax savings of $600 or more.
Second, annual increases in assessed value in years after the homestead is established at “capped” at 3%, or the cost-of-living, whichever is less. Some homes in Florida are actually assessed at less than half of their acknowledged value based on this feature alone. It doesn’t take long to make a convert to the value of homestead exemptions. Most other states are not as generous as Florida when it comes to homeowner or homestead exmptions.
The homestead exemption can have a huge impact on individual tax assessments after years of being “capped.” The cumulative effect statewide is so great that the Florida Legislature is considering various measures of “portability” of part of the homestead exemption benefit in order to keep long-time residents from feeling trapped in ownership of a residence. A portability measure would allow a homeowner to carry part of the capped value to another residence after the first residence is sold.
4) What is the impact of zoning on tax assessments and how can my property tax attorney address this issue?
To turn the question around, an essential issue which must be addressed in every potential tax appeal is “what is the impact of zoning on the tax assessment and how can my property tax attorney address this issue?”
Zoning, or the highest and best use of the property under current land use and environmental regulations, is generally considered the most important factor in establishing the value of real estate. This is true in the sense that property consists not simply of dirt and bricks and mortar, but of sticks in the bundle of legal rights associated with the parcel.
Consequently, a property tax attorney knowledgeable about land use regulations has a leg up on the competition. A prime example is a vacant parcel valued initially at over $8,000,000, on which I obtained a 75% property tax refund because I was well informed about the denial of rezoning of the land—because I had been the attorney who successfully represented the zoning authority on the appeal of rezoning denial more than 10 years before the tax assessment was prepared!
5) What is the best way to choose a property tax attorney?
The best way to choose a property tax attorney is the same as the best way to choose any other kind of attorney. Ask people you trust for a referral. Talk to more than one attorney. Inquire into the attorney’s experience. Ask for names and phone numbers of clients. Go online and Google the attorney, visit his website and read his property tax blog. Comparison shop. Ask the attorney to evaluate your property and discuss the appeal process and potential issues. And don’t underestimate the power of common sense—both the attorney’s and your own.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the attorney to send you free written information about his or her qualifications and experience.
Consider contacting the state bar or bar association for a referral. For example, The Florida Bar has a Lawyer Referral Service (LRS). LRS provides referrals to attorneys who will conduct an initial one-half hour office consultation for $25. Or click here to visit the Florida Bar Online Lawyer Referral Service.
Like many other property tax attorneys who are accustomed to being retained on a contingency basis, my custom is to provide a short preliminary tax assessment review with no fee.
To contact me for a brief consultation without charge, phone me at 305-374-7850 or toll free at 1-866-374-7850, email me at daw@twattorneys.com, or click here to visit our website.
____________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
To try to save money on your annual tax bill, usually with no risk to you except a small initial filing or preparation fee.
Benjamin Franklin said, “Nothing is inevitable except death and taxes.” With cryonics, even death may not be inevitable; with a good property tax attorney or tax agent, payment of property taxes may be inevitable, but the amount of taxes due may not be inevitable.
Let me qualify that. In the right hands—and in extremely rare cases—the liability for any taxes at all on some parcels may not be inevitable. I recently completely eliminated a $510,000 assessment on homeowners’ association commonly-owned land. I was able to accomplish this simply by knowing the applicable law.
I’ve also just given you an answer to a variation of the question you asked, namely, “Why would someone need a property tax attorney, and not just a real estate broker, appraiser or accountant to appeal property taxes?” The answer, as implied by my earlier comment, is that attorneys are schooled in identifying and analyzing legal issues. Without exception, every property tax assessment and exemption decision is governed by specific legal regulations. Who better to evaluate and formulate a possible challenge to the validity of an assessment than an experienced property tax attorney?
2) Can hiring a property tax attorney actually save me money?
Not to be too lawyerly about this, but the answer is definitely “maybe.” But seriously, as with any economic decision, ask yourself about the costs and the benefits.
Typically, a property tax attorney can be hired on a contingency fee basis. This means that if no tax reduction is obtained, no fee is due.
Under these circumstances the decision whether to hire a tax appeal agent is a “no brainer”; the most you have to lose is a nominal initial filing and preparation fee. The most you have to gain is a tax refund. Tax refunds may range in size from a few dollars to over a hundred thousand dollars.
In some taxing jurisdictions, once a legal or factual error is pointed out to the tax assessor or property appraiser, the correction can result in a benefit to the taxpayer for future years, as well. I recently had occasion to point out that a parcel of property was landlocked due to the taking of adjacent property by eminent domain. The county reduced the assessment by nearly 90%, resulting in thousands of dollars saved annually by the property owner.
Each case must be evaluated individually. As stockbrokers say, “Past performance is not an indication of future results.” Have your property tax attorney spend a few minutes with you evaluating the potential claims on each piece of real estate you own.
3) What is a homestead exemption and why should every home owner in Florida have one?
A homestead exemption is a legal provision which exempts from real estate taxation a portion of the value of the permanent residence of the owner.
Homestead property tax exemptions in Florida have two features. First, $25,000 of the assessed value is exempt from taxation. This feature alone sometimes represents annual tax savings of $600 or more.
Second, annual increases in assessed value in years after the homestead is established at “capped” at 3%, or the cost-of-living, whichever is less. Some homes in Florida are actually assessed at less than half of their acknowledged value based on this feature alone. It doesn’t take long to make a convert to the value of homestead exemptions. Most other states are not as generous as Florida when it comes to homeowner or homestead exmptions.
The homestead exemption can have a huge impact on individual tax assessments after years of being “capped.” The cumulative effect statewide is so great that the Florida Legislature is considering various measures of “portability” of part of the homestead exemption benefit in order to keep long-time residents from feeling trapped in ownership of a residence. A portability measure would allow a homeowner to carry part of the capped value to another residence after the first residence is sold.
4) What is the impact of zoning on tax assessments and how can my property tax attorney address this issue?
To turn the question around, an essential issue which must be addressed in every potential tax appeal is “what is the impact of zoning on the tax assessment and how can my property tax attorney address this issue?”
Zoning, or the highest and best use of the property under current land use and environmental regulations, is generally considered the most important factor in establishing the value of real estate. This is true in the sense that property consists not simply of dirt and bricks and mortar, but of sticks in the bundle of legal rights associated with the parcel.
Consequently, a property tax attorney knowledgeable about land use regulations has a leg up on the competition. A prime example is a vacant parcel valued initially at over $8,000,000, on which I obtained a 75% property tax refund because I was well informed about the denial of rezoning of the land—because I had been the attorney who successfully represented the zoning authority on the appeal of rezoning denial more than 10 years before the tax assessment was prepared!
5) What is the best way to choose a property tax attorney?
The best way to choose a property tax attorney is the same as the best way to choose any other kind of attorney. Ask people you trust for a referral. Talk to more than one attorney. Inquire into the attorney’s experience. Ask for names and phone numbers of clients. Go online and Google the attorney, visit his website and read his property tax blog. Comparison shop. Ask the attorney to evaluate your property and discuss the appeal process and potential issues. And don’t underestimate the power of common sense—both the attorney’s and your own.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the attorney to send you free written information about his or her qualifications and experience.
Consider contacting the state bar or bar association for a referral. For example, The Florida Bar has a Lawyer Referral Service (LRS). LRS provides referrals to attorneys who will conduct an initial one-half hour office consultation for $25. Or click here to visit the Florida Bar Online Lawyer Referral Service.
Like many other property tax attorneys who are accustomed to being retained on a contingency basis, my custom is to provide a short preliminary tax assessment review with no fee.
To contact me for a brief consultation without charge, phone me at 305-374-7850 or toll free at 1-866-374-7850, email me at daw@twattorneys.com, or click here to visit our website.
____________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Saturday, April 08, 2006
CELEBRITY PROPERTY TAX ASSESSMENTS: BEYONCE KNOWLES
Music fans, "wrap" your mind around this: Beyonce Knowles's Miami Beach property tax assessment--one of five condo units Ms. Knowles owns in the Green Diamond oceanfront building.
Click here.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Click here.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Thursday, April 06, 2006
CELEBRITY PROPERTY TAX ASSESSMENTS: ENRIQUE IGLESIAS
Ever wonder about the property tax assessment of local second-generation heartthrob Enrique Iglesias? Well, wonder no longer! Click here to see his property tax assessment.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
CELEBRITY PROPERTY TAX ASSESSMENTS: DWYANE WADE
In our relentless pursuit of celebrity property tax assessments, we recently discovered the July 2005 purchase of the newly-built Pinecrest-area manse of Miami Heat guard Dwyane Wade, Jr. and wife Siovaughn. To find out more about the Wades' property tax assessment, click here.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Wednesday, April 05, 2006
CELEBRITY PROPERTY TAX ASSESSMENTS: UDONIS HASLEM
Here's another installment of our latest feature on this blog: Celebrity Property Tax Assessments. Today's celebrity is one of South Florida's favoritae sons, the Miami Heat's starting forward Udonis Haslem. Click here to see the property tax assessment on Udonis's Brickell Avenue-area condominium apartment.
____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
TOP 2 SECRETS TO REDUCING MIAMI PROPERTY TAX ASSESSMENTS BY 50% OR MORE!
Florida Lawyers Property Tax Appeals
Florida Lawyers Property Tax Appeals is the blog of Daniel A. Weiss, former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board, who now represents commercial, institutional charitable and agricultural taxpayers, as well as municipalities, on both valuation and legal issues, in administrative, trial and appeals court proceedings throughout the State of Florida. This blog will discuss matters of interest to Florida real and tangible personal property taxpayers.
Sunday, November 27, 2005
Want to appeal your property taxes in Miami--or anywhere in Miami-Dade County or Broward, Palm Beach, Monroe or anywhere in South Florida and get a 50% or more assessment reduction?
Of course! Who wouldn't?
For faithful readers of this blog, you know we've tantalized you before with anecdotal great results we've obtained in property tax appeals. In each instance we identified the legal or appraisal theory on which we premised our evidence.
Now, though, for the first time in print, we're going to talk about a couple of unifying principles.
First off, don't expect any parcel of improved, i.e., developed, property to be reduced more than 50%. That would mean that the county property appraiser had prepared an assessment more than double the market value of the property--an unusual circumstance indeed.
Now that we've stated this as a general rule, be aware that, as with any general rule, there may be an exception here and there. The exception to the no-50%-or-more reduction-for-improved-property will usually be a specialty property, or one with a legal exemption or exception--such as a property assessed with a building that was not sustantially complete as of the January 1 tax assessment date.
Another exception is Low Income Housing Tax Credit (LIHTC)property. Take, for example, the assessment of Meridian West, a brand, spanking new Low Income Housing Tax Credit (LIHTC) apartment complex built and operated by the well-reputed Carlisle Group, sepcialists in LIHTC affordable housing. After Meridian West was welcomed with great fanfare by local elected officials to Stock Island in Key West, the complex was socked with its first full-value assessment--OVER $15,000,000! After preliminary negotaitions and exchange of written materials, the Carlisle Group obtained a reduction to $9,967,111.
Finally, after submittal of 90 pages of evidence, including actual income, income analyses, Appraisal Journal literature, argument of the special statutes applied by the Legislature solely to LIHTC properties, undersigned counsel obtained a reduction to $6,300,000. This was actually significantly higher than the assessment requested by the taxpayer but still represents a 58% reduction from the preliminary assessment of over $15 million.
So, with the exception of properties accorded special treatment under the taxing statutes, including exempt, agricultural, LIHTC, or not substantially complete property, what category of properties is most likely to be capable of garnering a 50% or more reduction?
The answer is...drum roll, please...vacant land! This is a little surprising, since many tax appeal represdentatives do not like to appeal vacant land, evidently on the theory that it is so easy fpr the county property appraiser to match "comps," i.e., comparable sale properties, and thereby prove value.
But we have not invariably found this to be the case. As is our custom in all the tasks we undertake as legal counsel for our clients, we pride ourselves in "drilling down" below the surface and uncovering--or creating (i.e, identifying, researching and formulating)new issues.
The proof of the pudding is in the eating. Otherwise stated, results are what count. So try these two 2005 property tax reductions on for size.
a. vacant land reduced from $8,351,900 to $2,032,541, a reduction of 75%; and
b. vacant land reduced from $10,982,075 to $2,475,000, a reduction of 77%.
To see these two reductions and accompanying findings by the special magistrate, click here. Then proceed on the same Miami-Dade County Value Adjustment Board website to find the results for agenda item 04-20856.
So what are the top 2 secrets to reducing a Miami property assessment--or Miami-Dade County, Broward, Palm Beach, Monroe or other South Florida assessment by 50% or more?
1. choose a vacant parcel with unusual characteristics--former rockmining site, inside the lakebelt district, outside the urban development boundary (UDB), land agriculturallyzoned or planned or zoned GU (interim use), part-water, part-land, etc.
2. choose a property tax representative who is willing to explore new horizons to see what you and he or she can accomplish together.
___________________________________________________________
So if you want a free consultation to discuss whether your Miami property might qualify for a 50% or more reduction in assessment, click here
.
Florida Lawyers Property Tax Appeals is the blog of Daniel A. Weiss, former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board, who now represents commercial, institutional charitable and agricultural taxpayers, as well as municipalities, on both valuation and legal issues, in administrative, trial and appeals court proceedings throughout the State of Florida. This blog will discuss matters of interest to Florida real and tangible personal property taxpayers.
Sunday, November 27, 2005
Want to appeal your property taxes in Miami--or anywhere in Miami-Dade County or Broward, Palm Beach, Monroe or anywhere in South Florida and get a 50% or more assessment reduction?
Of course! Who wouldn't?
For faithful readers of this blog, you know we've tantalized you before with anecdotal great results we've obtained in property tax appeals. In each instance we identified the legal or appraisal theory on which we premised our evidence.
Now, though, for the first time in print, we're going to talk about a couple of unifying principles.
First off, don't expect any parcel of improved, i.e., developed, property to be reduced more than 50%. That would mean that the county property appraiser had prepared an assessment more than double the market value of the property--an unusual circumstance indeed.
Now that we've stated this as a general rule, be aware that, as with any general rule, there may be an exception here and there. The exception to the no-50%-or-more reduction-for-improved-property will usually be a specialty property, or one with a legal exemption or exception--such as a property assessed with a building that was not sustantially complete as of the January 1 tax assessment date.
Another exception is Low Income Housing Tax Credit (LIHTC)property. Take, for example, the assessment of Meridian West, a brand, spanking new Low Income Housing Tax Credit (LIHTC) apartment complex built and operated by the well-reputed Carlisle Group, sepcialists in LIHTC affordable housing. After Meridian West was welcomed with great fanfare by local elected officials to Stock Island in Key West, the complex was socked with its first full-value assessment--OVER $15,000,000! After preliminary negotaitions and exchange of written materials, the Carlisle Group obtained a reduction to $9,967,111.
Finally, after submittal of 90 pages of evidence, including actual income, income analyses, Appraisal Journal literature, argument of the special statutes applied by the Legislature solely to LIHTC properties, undersigned counsel obtained a reduction to $6,300,000. This was actually significantly higher than the assessment requested by the taxpayer but still represents a 58% reduction from the preliminary assessment of over $15 million.
So, with the exception of properties accorded special treatment under the taxing statutes, including exempt, agricultural, LIHTC, or not substantially complete property, what category of properties is most likely to be capable of garnering a 50% or more reduction?
The answer is...drum roll, please...vacant land! This is a little surprising, since many tax appeal represdentatives do not like to appeal vacant land, evidently on the theory that it is so easy fpr the county property appraiser to match "comps," i.e., comparable sale properties, and thereby prove value.
But we have not invariably found this to be the case. As is our custom in all the tasks we undertake as legal counsel for our clients, we pride ourselves in "drilling down" below the surface and uncovering--or creating (i.e, identifying, researching and formulating)new issues.
The proof of the pudding is in the eating. Otherwise stated, results are what count. So try these two 2005 property tax reductions on for size.
a. vacant land reduced from $8,351,900 to $2,032,541, a reduction of 75%; and
b. vacant land reduced from $10,982,075 to $2,475,000, a reduction of 77%.
To see these two reductions and accompanying findings by the special magistrate, click here. Then proceed on the same Miami-Dade County Value Adjustment Board website to find the results for agenda item 04-20856.
So what are the top 2 secrets to reducing a Miami property assessment--or Miami-Dade County, Broward, Palm Beach, Monroe or other South Florida assessment by 50% or more?
1. choose a vacant parcel with unusual characteristics--former rockmining site, inside the lakebelt district, outside the urban development boundary (UDB), land agriculturallyzoned or planned or zoned GU (interim use), part-water, part-land, etc.
2. choose a property tax representative who is willing to explore new horizons to see what you and he or she can accomplish together.
___________________________________________________________
So if you want a free consultation to discuss whether your Miami property might qualify for a 50% or more reduction in assessment, click here
.
Tuesday, April 04, 2006
CELEBRITY PROPERTY TAX ASSESSMENTS: GLORIA ESTEFAN
Today we start our newest feature at Florida Property Tax Appeals Lawyers blog: "Celebrity Tax Assessments." Ever wonder about the rarely-disclosed details of the private lives of your favorite Florida celebrities?
Well, here's a chance to find out about their real estate property tax assessments, courtesy of the Florida Public Records Act and the Florida Legislature.
Our first installment involves none other than our home-grown musical duo of Gloria and Emilio Estefan. Click here to see Gloria and Emilio's current tax assessment information.
_____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Well, here's a chance to find out about their real estate property tax assessments, courtesy of the Florida Public Records Act and the Florida Legislature.
Our first installment involves none other than our home-grown musical duo of Gloria and Emilio Estefan. Click here to see Gloria and Emilio's current tax assessment information.
_____________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
FLORIDA HOMESTEAD EXEMPTION--WHY NOT WAIT TILL NEXT YEAR?
Last Friday, March 31st, was one of the busiest days of the year at the Miami-Dade County Property Appraiser's Office. What were all those taxpayers doing standing in line? Were they all last-minute filers of tangible personal property tax returns due April 1st annually? Decidely not.
They were post-deadline applicants for the 2006 homestead exemption. The filing "deadline" was March 1st, as it is each year. So what were these folks doing waiting in line 30 days AFTER the filing deadline?
Under a kinder, gentler regime established by the Florida Legislature, taxpayers can now miss March 1st--formerly a "drop-dead" deadline--and file for homestead exemption at any time they can file a Value Adjustment Board petition, namely, until the 25th day following the mailing of the Notices of Proposed Taxes ("TRIM" Notices). TRIM Notices are typically mailed during the second or third week of August each year.
The additional steps necessary after March 1st include the filing of a Value Adjustmenet Board petition, payment of a $15.00 filing fee, and showing of "good cause" for late filing--typically at a subsequent hearing.
Is it worthwhile for all these taxpayers to stand in line and jump through all the extra hoops mentioned above, instead of just waiting till 2007 to apply? You bet!
Remember, homestead exemption from property taxation in Florida is valuable for two distinct reasons. First, it exempts from property taxes the first $25,000 in assessed valuation annually. Depending on the millage or tax rate, this may amount to annual tax savings of $600 or more. Second, and more important, is that the homestead exemption "caps" increases in value at 3% or the cost of living increase--whichever is less--for every year the exemption continues after it is established.
So, the earlier you get the homestead exemption established, the lower your homestead exemption base year assessment--and each subsequent year's assessment--will be. Considering a real estate market that continues to appreciate at record rates, this is something that should clearly been done earlier, rather than later.
One example will drive the point home. Let's look at the home of Coach and Mrs. Pat Riley, of Miami Heat fame. (Isn't the Florida Public Records Act fun?)Click here to see Coach Riley's 2005 tax assessment.
Coach's taxes for 2005 were $248,358. If he had been eligible for and obtained a homestead exemption starting in 1997 instead of 2002 or so when he actually obtained it, his annual tax bill would have been nearly $100,000 less per year; you heard me, about $8,000 less per month--all due to the homestead "cap" and the difference between a homestead exemption base year of 1997 and a base year of 2002.
So if you're entitled to a homestead exemption, apply now--don't wait till next year!
We'll tell you more how to go about doing this in a future blog entry. So watch this space.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents residential, commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
They were post-deadline applicants for the 2006 homestead exemption. The filing "deadline" was March 1st, as it is each year. So what were these folks doing waiting in line 30 days AFTER the filing deadline?
Under a kinder, gentler regime established by the Florida Legislature, taxpayers can now miss March 1st--formerly a "drop-dead" deadline--and file for homestead exemption at any time they can file a Value Adjustment Board petition, namely, until the 25th day following the mailing of the Notices of Proposed Taxes ("TRIM" Notices). TRIM Notices are typically mailed during the second or third week of August each year.
The additional steps necessary after March 1st include the filing of a Value Adjustmenet Board petition, payment of a $15.00 filing fee, and showing of "good cause" for late filing--typically at a subsequent hearing.
Is it worthwhile for all these taxpayers to stand in line and jump through all the extra hoops mentioned above, instead of just waiting till 2007 to apply? You bet!
Remember, homestead exemption from property taxation in Florida is valuable for two distinct reasons. First, it exempts from property taxes the first $25,000 in assessed valuation annually. Depending on the millage or tax rate, this may amount to annual tax savings of $600 or more. Second, and more important, is that the homestead exemption "caps" increases in value at 3% or the cost of living increase--whichever is less--for every year the exemption continues after it is established.
So, the earlier you get the homestead exemption established, the lower your homestead exemption base year assessment--and each subsequent year's assessment--will be. Considering a real estate market that continues to appreciate at record rates, this is something that should clearly been done earlier, rather than later.
One example will drive the point home. Let's look at the home of Coach and Mrs. Pat Riley, of Miami Heat fame. (Isn't the Florida Public Records Act fun?)Click here to see Coach Riley's 2005 tax assessment.
Coach's taxes for 2005 were $248,358. If he had been eligible for and obtained a homestead exemption starting in 1997 instead of 2002 or so when he actually obtained it, his annual tax bill would have been nearly $100,000 less per year; you heard me, about $8,000 less per month--all due to the homestead "cap" and the difference between a homestead exemption base year of 1997 and a base year of 2002.
So if you're entitled to a homestead exemption, apply now--don't wait till next year!
We'll tell you more how to go about doing this in a future blog entry. So watch this space.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents residential, commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Famous Property Tax Quotations
Our favorite quotations regarding taxation, after 25 years of commercial property tax practice in the State of Florida:
The avoidance of taxes is the only intellectual pursuit that carries any reward.
--John Maynard Keynes
The Eiffel Tower is the Empire State Building after taxes.
--Anonymous
Governments last as long as the undertaxed can defend themselves from the overtaxed.
--Bernard Berenson
To tax and to please, no more than to love and to be wise, is not given to men.
--Edmund Burke
Read my lips. No new taxes!
--George Bush
Taxes are the sinews of the state.
--Cicero
For every benefit you receive a tax is levied.
--Ralph Waldo Emerson
I'm proud to pay taxes in the United States; the only thing is, I could be just as proud for half the money.
--Arthur Godfrey
Death and taxes are inevitable.
--Thomas C. Haliburton
The promises of yesterday are the taxes of today.
--William Lyon MacKenzie King
The power to tax involves the power to destroy.
--John Marshall
Next to being shot at and missed, nothing is quite as satisfying as an income tax refund.
--F. J. Raymond
The income tax has made more liars out of the American people than golf has. Even when you make a tax form out on the level, you don't know when its through, if you are a crook or a martyr.
--Will Rogers
What is the difference between a taxidermist and a tax collector? The taxidermist takes only your skin.
--Mark Twain
Never before have so many been taken for so much and left with so little.
--Van Panopoulos
The tax collector must love poor people--he's creating so many of them.
--Bill Vaughan
The thing generally raised on city land is taxes.
--Charles Dudley Warner
___________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents residential, commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
The avoidance of taxes is the only intellectual pursuit that carries any reward.
--John Maynard Keynes
The Eiffel Tower is the Empire State Building after taxes.
--Anonymous
Governments last as long as the undertaxed can defend themselves from the overtaxed.
--Bernard Berenson
To tax and to please, no more than to love and to be wise, is not given to men.
--Edmund Burke
Read my lips. No new taxes!
--George Bush
Taxes are the sinews of the state.
--Cicero
For every benefit you receive a tax is levied.
--Ralph Waldo Emerson
I'm proud to pay taxes in the United States; the only thing is, I could be just as proud for half the money.
--Arthur Godfrey
Death and taxes are inevitable.
--Thomas C. Haliburton
The promises of yesterday are the taxes of today.
--William Lyon MacKenzie King
The power to tax involves the power to destroy.
--John Marshall
Next to being shot at and missed, nothing is quite as satisfying as an income tax refund.
--F. J. Raymond
The income tax has made more liars out of the American people than golf has. Even when you make a tax form out on the level, you don't know when its through, if you are a crook or a martyr.
--Will Rogers
What is the difference between a taxidermist and a tax collector? The taxidermist takes only your skin.
--Mark Twain
Never before have so many been taken for so much and left with so little.
--Van Panopoulos
The tax collector must love poor people--he's creating so many of them.
--Bill Vaughan
The thing generally raised on city land is taxes.
--Charles Dudley Warner
___________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents residential, commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
FLORIDA PROPERTY TAX--THE "NEGLECTED" TAX
It's April--"tax time"--right? Don't we all think of federal income tax as soon as someone mentions the word "taxes"? Yes, we do. How come no one thinks of real estate taxes, even if the tax bill in November is bigger than the tax bill on April 15th? Is it because the bank or other mortgagee quietly takes a monthly payment and puts it in escrow and makes the tax payment on our behalf in November of each year?
Probably. Be that as it may, let's take a moment to talk about Florida property taxes and what can be done to reduce their impact on our wallet. In fact, let's not just talk about it in April; let's talk about it frequently, starting today.
What's the most popular measure available for reducing property taxes on residential property? If you said homestead exemption, go to the head of the class.
Homestead exemption is valuable for two important reasons. First, it exempts from property taxes the first $25,000 in assessed valuation. Depending on the millage or tax rate, this may amount to annual tax savings of $600 or more. Second, and more important, is that the homestead exemption "caps" increases in value at 3% or the cost of living increase--whichever is less--for all years after the exemption is first established.
For some property owners, the homestead exemption means that more than half the value of the property is exempt!
Now that we've convinced you of the value of having the exemption, let us tell you how to get it. All that is required is the filing of a simple application form with your County Property Appraiser. Click here to contact your County Property Appraiser. http://sun6.dms.state.fl.us/dor/property/appraisers.html
Some counties, including Broward County, allow you to apply online for your homestead exemption. Click here for Broward. http://www.bcpa.net/index.cfm?page=homestead
If you're very well informed, you may know that March 1 was the filing deadline for homestead exemption. What you may NOT know is that you can still file until some time in August or September by filing a Value Adjustment Board petition (and paying a $15.00 filing fee) at the same time you file you late homestead exemption application. Believe me, it's well worth the trouble! More about this later.
Well, that's the property tax lesson for today. Stay tuned for more pointers about how to maximize the property tax benefits available to you.
And when someone mentions "taxes," don't think only federal income tax, think "property tax," too. There's lots you can do about, not just on residential property, but to an even greater extent on commercial real estate. More about this in past and future blog entries.
________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents residential, commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For more information click here
Probably. Be that as it may, let's take a moment to talk about Florida property taxes and what can be done to reduce their impact on our wallet. In fact, let's not just talk about it in April; let's talk about it frequently, starting today.
What's the most popular measure available for reducing property taxes on residential property? If you said homestead exemption, go to the head of the class.
Homestead exemption is valuable for two important reasons. First, it exempts from property taxes the first $25,000 in assessed valuation. Depending on the millage or tax rate, this may amount to annual tax savings of $600 or more. Second, and more important, is that the homestead exemption "caps" increases in value at 3% or the cost of living increase--whichever is less--for all years after the exemption is first established.
For some property owners, the homestead exemption means that more than half the value of the property is exempt!
Now that we've convinced you of the value of having the exemption, let us tell you how to get it. All that is required is the filing of a simple application form with your County Property Appraiser. Click here to contact your County Property Appraiser. http://sun6.dms.state.fl.us/dor/property/appraisers.html
Some counties, including Broward County, allow you to apply online for your homestead exemption. Click here for Broward. http://www.bcpa.net/index.cfm?page=homestead
If you're very well informed, you may know that March 1 was the filing deadline for homestead exemption. What you may NOT know is that you can still file until some time in August or September by filing a Value Adjustment Board petition (and paying a $15.00 filing fee) at the same time you file you late homestead exemption application. Believe me, it's well worth the trouble! More about this later.
Well, that's the property tax lesson for today. Stay tuned for more pointers about how to maximize the property tax benefits available to you.
And when someone mentions "taxes," don't think only federal income tax, think "property tax," too. There's lots you can do about, not just on residential property, but to an even greater extent on commercial real estate. More about this in past and future blog entries.
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Daniel A. Weiss is a former Attorney Special Magistrate for the Miami-Dade County Value Adjustment Board. Mr. Weiss now represents residential, commercial, institutional charitable, commercial, high-end residential, agricultural and municipal taxpayers at VAB proceedings throughout the State of Florida. Mr. Weiss handles both valuation and legal claims.
Mr. Weiss has over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented taxpayers in property tax matters.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
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