HOW TO SELECT A PROPERTY TAX ATTORNEY

Ever wonder how to go about selecting the right property tax attorney? Here're a few tips.

1. Ask friends or business associates if they know a property tax attorney. As in other areas, a referral from someone who has had direct experience with a professional and whose judgment you trust can be a reliable guide.

2. Schedule an appointment to speak with the attorney by phone. Ask the attorney how he would approach your case. Property tax appeals are typically handled on a contingency fee basis. This means that most or all of the fee depends on the outcome of the tax appeal. One consequence of this industry standard is that many property tax attorneys will briefly discuss your property tax with you without initial fee.

3. Ask for the url of their website and blog. Then spend a few minutes reading the blog for items of interest and looking at the materials posted on the website.

4. Find out what legal and appraisal or assessment organizations the lawyer belongs to. At the very least, he should belong to the International Association of Assessing Officers (IAAO). This is the national professional organization for government officials responsible for assessment of local property taxes.

5. Find out if he or she has earned a Martindale-Hubbell rating. "AV" is the highest ability/highest ethics rating based on the opinion of lawyers and judges who know him or her. Only 10% of American lawyers have achieved this rating. Only 50% of all lawyers have earned a rating, so A-B-C rated lawyers are in the top 50%. Moreover, you cannot have an ability rating unless you have earned the highest ethics rating (the "V" rating).

6. Don't be fooled by advertising slogans, such as "former local government attorney" or "aggressive property tax advocate." Meet the lawyer and decide if you have confidence in his or her skills and feel comfortable with their analysis of your property.

7. Inquire if the attorney you are interviewing has ever taught at a law school (or CLE program) or published a legal or tax assessment article. Teaching and publishing require research and dedication, as well as commitment to good practice policies. This is also is a good way to determine your lawyer's standing in the legal community.

8. Ask who will work on your case if you hire this attorney, and what their experience level is. What portion of work will these other people be doing, and what will be your attorney's participation in your property tax appeal? Does the attorney attend all the hearings? If not, does he sometimes assign this task to nonlawyers, as he is authorized to do in most jurisdictions?

9. Discuss the facts of your case. The attorney should be able to discuss in general terms how he or she will proceed and how your tax appeal will be handled.

10. Inquire about law office communications with clients and what the attorney's policy is regarding apprising you of the progress of your tax appeal.
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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's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

Mr. Weiss appears as one of Florida's Super Lawyers 2006 in the publication of the same name. He was named by his peers as one of the top 6 local government lawyers in South Florida.

For a free consultation regarding your property, contact us.

For More Information Click here

CITY OF MIAMI BEACH LOWERS PROPERTY TAX RATE FOR 2006

Sustained increases in property values and tax assessments led City of Miami Beach officials to reduce the City's tax rate for the second year in a row, while proposing a budget for fiscal 2007 that represented a $30 million increase over the 2006 budget. The property tax rate may drop as much as 5 percent.

In technical parlance, the tax rate is known as "millage," which spell check usually tries to "correct" to "mileage." A mill is 1/10 of one per cent.

In Miami Beach, where the exploding condo, single family residence, and commercial real estate market has meant rising tax assessment values and more money for government, officials are planning to lower the City's tax rate for the second straight year. For the 2007 fiscal year, the City Commission unanimously proposed reducing property tax rate from its current level of $8.07 for every $1,000 of assessed property value to $7.67, that is, from 8.07 mills to 7.67 mills. This rate was tentatively set by the City Commission at its July 12 meeting.

The City's millage is in addition to the millage levied by all other applicable taxing authorities, including the County, School Board, South Florida Water Management District and other entities authorized by law to establish millages applied against a property's taxable value in order to be funded by property taxes.

Any property's tax bill is always calculated in a two-part formula: taxable property value mulyipled by applicable millage rate.

Although the budget is increasing by 14 per cent, valuation increases more than offset the decease in tax rate.

Also for the second year, commissioners also approved a Homeowners Dividend. This year, homeowners whose Miami Beach properties have homestead exemptions on their permanent residence will be mailed a $300 check from the City. The 2005 dividend was $200.

For an explanation of why this Homeowners Dividend is unconstitutional, click here.

Despite the rate decrease, the City's proposed $238 million budget for fiscal 2007 is still $30 million higher than fiscal year 2006's budget of $207 million, representing an increase of over 14 per cent. It includes proposed funding for more police, lifeguards and code and building inspectors, as well seven-day a week garbage collection along Ocean Drive and elsewhere, and an increase in the City's reserve funds.

According to Miami Beach City Manager Jorge Gonzalez, the proposed millage decrease is the biggest reduction in the City in the past 15 years. It will mean average savings of about $30 for an average residential property owner with homestead exemption and a home valued at $270,000.

By constitution and statute, a property's assessed value can be increased by only 3 per cent or the cost of living index, whichever is less, over the previous year's assessment, if the property had homestead exemption in the preceding year and qualifies again for the current year, here 2006. Once homestead property is sold or otherwise transfered, the "cap" on increases is removed and the property is reassessed at current fair market value as of the annual January 1 assessment date, the same standard which applies to all-non homestead property in the State.

The proposed millage rate is tentative, and is subject to two public hearings in September before the millage rate is finalized. The first public hearing is scheduled for September 6 at City Hall.
_____________________________________________________________
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's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

Mr. Weiss appears as one of Florida's Super Lawyers 2006 in the publication of the same name. He was named by his peers as one of the top 6 local government lawyers in South Florida.

For a free consultation regarding your property, contact us.

For More Information Click here