Thursday, August 02, 2007

Florida Property Tax News: Gearing Up for 2007 Property Tax Appeals

What time of year is it? It’s time to get ready to appeal your property tax assessments.

Most owners of commercial property include as part of their business plan the annual appeal of property taxes on both real estate and tangible personal property. It’s an easy decision because most property tax agents offer their services on a contingency basis. If there’s no tax reduction, no professional fee is due. Many professionals will review property tax assessments at an initial consultation without charge. How much more painless could it be?

A word to the wise: the filing deadline for property tax appeals is 25 days after the date of mailing of the notice of proposed taxes (TRIM notice). In Miami-Dade County, all 825,000 notices for real estate assessments will be mailed August 24, 2007. This means that the filing deadline is September 20 this year.

Many professional appraisers after reviewing sales data have concluded that real estate values increased little if at all between January 1, 2006 and January 1, 2007. Yet the Miami-Dade preliminary assessment rolls reflect a 15% increase in value for 2006—exclusive of new construction. The rollback in public revenues enacted by the 2007 Florida Legislature does not affect these valuations.

So remember: check your mail on August 27. If you believe a property tax assessment exceeds market value or is otherwise inaccurate, improper or unlawful, get the ball rolling! As we say at Tannebaum Weiss, “A word from the Weiss is sufficient.”

For more information, consider consulting the following resources authored by this blogger: “Why Should I Hire a Property Tax Attorney for My Property Tax Appeal?”, May 11, 2007 blog entry below and “How to Select a Property Tax Attorney." __________________________________________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Weiss was named by the 2007 South Florida Legal Guide as one of the top lawyers in the practice areas of both Real Estate - Land Use, Zoning & Environmental and Real Estate - Commercial. For a free consultation regarding your property, contact Weiss at 866-374-7850.

Wednesday, August 01, 2007

Florida Property Tax News: Top 10 Questions for the Miami-Dade Property Appraiser

The Miami-Dade County Developers and Builders Alliance asked me to provide 10 questions to be asked at their round table luncheon on property taxes in Miami-Dade County for 2007. What follows is a list of the questions I provided. These were among the questions addressed to the Property Appraiser, Marcus Saiz.

1. WHAT IMPACT WILL 2007 LEGISLATION ACTUALLY HAVE ON TAX BILLS? WILL THEY BE LOWER OR HIGHER?

2. IF PROPERTY VALUES DID NOT INCREASE BETWEEN JANUARY 1, 2006 AND JANUARY 1, 2007, WHY DID THE CITY OF MIAMI REAL PROPERTY TAX ASSESSMENT ROLL INCREASE FROM $34 TO $38 BILLION, EXCLUSIVE OF NEW TAXABLE VALUE?

3. BASED ON SALES THROUGH JUNE 2007, WHAT DO YOU EXPECT TO SEE IN TERMS OF INCREASE, DECREASE, OR STASIS OF TOTAL NEW VALUE ON THE TAX ROLL FOR 2008?

4. WHAT IS THE PROPERTY APPRAISER’S POSITION ON THE INITIATIVE BEING STUDIED BY THE CHARTER REVISION COMMISSION TO CHANGE THE PROPERTY APPRAISER FROM AN APPOINTIVE TO AN ELECTIVE POSITION?

5. HOW MANY OF THE TAX APPEALS FILED ANNUALLY ON VALUE ARE GRANTED?

6. WHY HAS THE PROPERTY APPRAISER CHANGED HIS POLICIES AND PROCEDURES IN THE PAST TWO YEARS IN GRANTING AGRICULTURAL CLASSIFICATION TO PROPERTY OWNED BY DEVELOPERS WHEN THERE HAS BEEN NO CORRESPONDING CHANGE IN THE LAW?

7. WHAT IS THE PROPERTY APPRAISER’S POSITION ON THE HOMESTEAD EXEMPTION ISSUES TO BE VOTED UPON ON THE JANUARY 2008 BALLOT?

8. WHAT IS THE PROPERTY APPRISER DOING TO STAFF PUBLIC SERVICE DESKS FOR THE EXPECTED ONSLAUGHT OF TAXPAYER CALLS AND VISITS WHEN THEY FIND OUT ON AUGUST 25TH THAT ASSESSMENTS ARE UP AN AVERAGE OF 13% FOR 2007 IN MIAMI-DADE COUNTY?

9. WHY DOES THE PROPERTY APPRAISER DISCRIMINATE AGAINST FOREIGN-BORN PARENTS LIVING IN THE HOME IN DENYING HOMESTEAD EXEMPTION WHERE THERE ARE U.S.-BORN DEPENDENT CHILDREN IN THE HOME BUT GRANTS HOMESTEAD EXEMPTION WHERE THERE ARE U.S.-BORN CHILDREN IN THE HOME AND THE PARENTS LIVING IN ANOTHER STATE AND HOLDING LEGAL TITLE TO THE PROPERTY AREN’T EVEN FLORIDA RESIDENTS?

10. WHY DOES THE PROPERTY APPARSIER GRANT CHRITABLE EXEMPTION TO VACANT LAND OWNED BY HABITAT FOR HUMANITY AND OTHER ORGANIZATIONS BUT DENY EXEMPTION TO OTHER AFFORDABLE HOUSING NOT-FOR-PROFITS WHERE THEIR IMPROVED PROPERTY IS IN THE PROCESS OF BEING REHABILITATED WITH COUNTY, STATE AND FEDERAL FUNDS FOR USE AS CHARITABLE, LOW-INCOME AFFORDABLE HOUSING?
_________________________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service 2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.