Today's May 23 issue of the Miami Herald reported Miami-Dade County's attempt to suspend some gasoline taxes during the summer driving season.
The County Commission formally asked the Legislature and Congress to halve gas taxes for three months, hoping to provide some relief from record prices. Since all taxes in this State are required by the constitution to be imposed pursuant to statute, the County's request that this matter be addressed by the State Legislature at it special session of June 12 - June 22 would appear on its face to be timely and proper.
The problem with this request is that the proclamation issued by the Legislature convening the special session explicitly ststest that "the Legislature is convened for the sole and exclusive purpose of considering legislation to reduce and/or restructure ad valorem taxes."
Gas taxes are not ad valorem taxes. The County's request is therefore out of order.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the 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 Click here
Wednesday, May 23, 2007
Friday, May 11, 2007
Why Should I Hire a Property Tax Attorney for My Property Tax Appeal?
Question: If I as the property owner know more about my property than anyone else does, why should I hire an attorney to represent me in my property tax appeal?
Short answer: low cost, possible greater tax reduction, identification of legal issues, reduced stress, making property tax reduction planning part of your annual business plan.
Low Cost
Property tax attorneys, like other property tax reduction agents, typically work on a contingency fee basis. After a nominal initial filing and preparation fee, the attorney will be compensated by a percentage of the actual property tax reduction. This means that if no reduction is obtained, you have invested nothing but the initial preparation and filing fee.
Possible Greater Tax Reduction
All other things, being equal, who is likely to be more successful at a property tax reduction hearing, the person who handles a few hearings every year, or the person who handles a few hundred hearings every year? If you believe experience counts, on balance, you will do better with professional representation than representing yourself.
Identification of Legal Issues
Why would someone need a property tax attorney, and not just a real estate broker, appraiser or accountant to appeal property taxes? The answer 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?
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.
In some taxing jurisdictions, once a legal 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 a portion of the property by eminent domain. The county reduced the assessment by nearly 90%, resulting in thousands of dollars saved annually by the property owner.
Moreover, tax assessment reduction appeals are typically governed by an elaborate set of procedural statutes and rules. No professional is more accustomed to understanding and evaluating statutes than a licensed and experienced attorney.
Reduced Stress
You’ve probably heard the expression, “A lawyer who represents himself has a fool for a client.” One of the essential facets of this pithy saying is that it is unwise to have someone as an advocate who is overly emotionally involved in the case. Translated to the property tax reduction appeal sphere, this means you should think twice about representing yourself on property that you own. A little detachment can go along way. Sometimes being too close to the forest obliterates the trees.
Aside from the strictly rational aspect of detachment, the emotional feature of stress reduction should not be overlooked. If you find it nerve-wracking to receive and review the taxing authorities’ requests for documentation, and hearing notices, or if you feel you know facts that compromise your ability to be fair to yourself, turning the assignment over to an advocate who makes his or her living from dispassionately presenting property tax reduction appeals on behalf of property owners may be your best bet.
Making Property Tax Reduction Appeals Part of Your Annual Business Plan
Having a property tax attorney or other property tax professional on retainer effectively puts the ball in their court. As a matter of course, your property tax reduction representative can be expected to contact you annually to confirm that you want continued representation. This can take the worry out of meeting annual deadlines. It also ensures that you take advantage of the annual or periodic opportunity to appeal your tax assessment, as provided by law in the state where your property is located.
If review of your tax assessment—every time it is issued, not just whenever you happen to pay attention to it—sounds like a good idea, how much better is it to perform this review under the guidance of a property tax lawyer, rather than basing it on your own perspective and experience.
Remember, if you wait till you see your tax bill to decide whether to appeal your property tax assessment, you have probably already missed the deadline.
Most states issue a proposed assessment several months before the tax bill itself is issued. Typically, the tax bill represents the final version of the assessment, and signals, among other things, that the time has already passed for an administrative property tax appeal (although it may not foreclose a more formal judicial appeal).
As with all questions regarding details of the property tax administration process in your state, consult with your local property tax professional. Frequently, the tax agent may be happy to hear from a prospective or existing client and may not even consider charging a fee for a brief telephone or in-person consultation.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Short answer: low cost, possible greater tax reduction, identification of legal issues, reduced stress, making property tax reduction planning part of your annual business plan.
Low Cost
Property tax attorneys, like other property tax reduction agents, typically work on a contingency fee basis. After a nominal initial filing and preparation fee, the attorney will be compensated by a percentage of the actual property tax reduction. This means that if no reduction is obtained, you have invested nothing but the initial preparation and filing fee.
Possible Greater Tax Reduction
All other things, being equal, who is likely to be more successful at a property tax reduction hearing, the person who handles a few hearings every year, or the person who handles a few hundred hearings every year? If you believe experience counts, on balance, you will do better with professional representation than representing yourself.
Identification of Legal Issues
Why would someone need a property tax attorney, and not just a real estate broker, appraiser or accountant to appeal property taxes? The answer 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?
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.
In some taxing jurisdictions, once a legal 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 a portion of the property by eminent domain. The county reduced the assessment by nearly 90%, resulting in thousands of dollars saved annually by the property owner.
Moreover, tax assessment reduction appeals are typically governed by an elaborate set of procedural statutes and rules. No professional is more accustomed to understanding and evaluating statutes than a licensed and experienced attorney.
Reduced Stress
You’ve probably heard the expression, “A lawyer who represents himself has a fool for a client.” One of the essential facets of this pithy saying is that it is unwise to have someone as an advocate who is overly emotionally involved in the case. Translated to the property tax reduction appeal sphere, this means you should think twice about representing yourself on property that you own. A little detachment can go along way. Sometimes being too close to the forest obliterates the trees.
Aside from the strictly rational aspect of detachment, the emotional feature of stress reduction should not be overlooked. If you find it nerve-wracking to receive and review the taxing authorities’ requests for documentation, and hearing notices, or if you feel you know facts that compromise your ability to be fair to yourself, turning the assignment over to an advocate who makes his or her living from dispassionately presenting property tax reduction appeals on behalf of property owners may be your best bet.
Making Property Tax Reduction Appeals Part of Your Annual Business Plan
Having a property tax attorney or other property tax professional on retainer effectively puts the ball in their court. As a matter of course, your property tax reduction representative can be expected to contact you annually to confirm that you want continued representation. This can take the worry out of meeting annual deadlines. It also ensures that you take advantage of the annual or periodic opportunity to appeal your tax assessment, as provided by law in the state where your property is located.
If review of your tax assessment—every time it is issued, not just whenever you happen to pay attention to it—sounds like a good idea, how much better is it to perform this review under the guidance of a property tax lawyer, rather than basing it on your own perspective and experience.
Remember, if you wait till you see your tax bill to decide whether to appeal your property tax assessment, you have probably already missed the deadline.
Most states issue a proposed assessment several months before the tax bill itself is issued. Typically, the tax bill represents the final version of the assessment, and signals, among other things, that the time has already passed for an administrative property tax appeal (although it may not foreclose a more formal judicial appeal).
As with all questions regarding details of the property tax administration process in your state, consult with your local property tax professional. Frequently, the tax agent may be happy to hear from a prospective or existing client and may not even consider charging a fee for a brief telephone or in-person consultation.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Florida Property Tax News: Special Legislative Session Addresses Property Tax Dilemma
Property tax consultants are in their glory these days. Instead of causing conversation to grind to a halt, property taxes are suddenly a hot topic at every luncheon, networking meeting and cocktail party. So, in the spirit of gathering our rosebuds while we may, what follows is the latest scuttlebutt on what may be offered in terms of property tax reform at the about-to-be-convened special session of the Florida legislature.
Those in the know are already aware that the special session of June 12-23 has been scheduled for the purpose of resolving the impasse between the State House and Senate about what to do to cure inequities in Florida’s property tax system.
At the start of the regular legislative session, Florida House Speaker Marco Rubio (R-West Miami) unveiled a plan intended to eliminate all property taxes on homestead residences. This was to be accomplished by raising sales tax by as much as 2.5 cents to 8.5 cents on the dollar.
The Florida Senate and Governor Charlie Crist opposed the sales-tax increase. Since no alternative plan was approved by both House and Senate, the 11-day special session will be the legislature’s last chance this year to resolve the property tax conundrum.
In the event no consensus comes out of the special session, Florida’s regular 20-year constitutional revision commission is expected to be called upon to address the property tax puzzle. Indeed, since many of the property tax bills filed during the regular legislative session have constitutional implications, the revision commission will have a multiplicity of property tax issues to discuss in any event.
Watch for the Senate’s first female president--and one of our favorite role models--Senator Gwen Margolis (D-N. Dade) to play a leadership role in the constitutional revision commission’s discussion of property tax reform. Sen. Margolis is a former chair of the Miami-Dade County Commission and the Miami-Dade County Value Adjustment Board, and is a property tax maven of the first order.
To get back to the legislature’s special session, it is apparent that Speaker Rubio will be prepared to abandon the trade-off of sales taxes for complete exemption for homesteads. Rubio is floating a new plan to cut property taxes by dramatically increasing the state's homestead exemption and giving a break to all other property owners.
Under Rubio’s revised plan, Florida homeowners would no longer have to pay property taxes on as much as 80% of the first $300,000 in value of their primary—or homestead—residence. The concept of linking property-tax cuts to a percentage of property values appears to be one which will garner philosophical and economic support in both the House and Senate. This cross-chamber, cross-party popularity distinguishes the increase in homestead benefit from the sales tax increase idea, which is traditionally regarded as regressive, having a disproportionate impact on wage earners, since a larger percentage of their disposable income would be consumed by a 40% increase in the level of sales taxes.
Watch this space for discussion of more Florida property tax news as it develops.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Those in the know are already aware that the special session of June 12-23 has been scheduled for the purpose of resolving the impasse between the State House and Senate about what to do to cure inequities in Florida’s property tax system.
At the start of the regular legislative session, Florida House Speaker Marco Rubio (R-West Miami) unveiled a plan intended to eliminate all property taxes on homestead residences. This was to be accomplished by raising sales tax by as much as 2.5 cents to 8.5 cents on the dollar.
The Florida Senate and Governor Charlie Crist opposed the sales-tax increase. Since no alternative plan was approved by both House and Senate, the 11-day special session will be the legislature’s last chance this year to resolve the property tax conundrum.
In the event no consensus comes out of the special session, Florida’s regular 20-year constitutional revision commission is expected to be called upon to address the property tax puzzle. Indeed, since many of the property tax bills filed during the regular legislative session have constitutional implications, the revision commission will have a multiplicity of property tax issues to discuss in any event.
Watch for the Senate’s first female president--and one of our favorite role models--Senator Gwen Margolis (D-N. Dade) to play a leadership role in the constitutional revision commission’s discussion of property tax reform. Sen. Margolis is a former chair of the Miami-Dade County Commission and the Miami-Dade County Value Adjustment Board, and is a property tax maven of the first order.
To get back to the legislature’s special session, it is apparent that Speaker Rubio will be prepared to abandon the trade-off of sales taxes for complete exemption for homesteads. Rubio is floating a new plan to cut property taxes by dramatically increasing the state's homestead exemption and giving a break to all other property owners.
Under Rubio’s revised plan, Florida homeowners would no longer have to pay property taxes on as much as 80% of the first $300,000 in value of their primary—or homestead—residence. The concept of linking property-tax cuts to a percentage of property values appears to be one which will garner philosophical and economic support in both the House and Senate. This cross-chamber, cross-party popularity distinguishes the increase in homestead benefit from the sales tax increase idea, which is traditionally regarded as regressive, having a disproportionate impact on wage earners, since a larger percentage of their disposable income would be consumed by a 40% increase in the level of sales taxes.
Watch this space for discussion of more Florida property tax news as it develops.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Thursday, April 19, 2007
Taxpayers Cautioned Against Putting Themselves in Harm's Way by Representing Themselves
I have observed that some taxing officials appear to have no interest in providing relief to the taxpayer. Instead, they may use a taxpayer interview or appeal hearing as an opportunity to gather information to use against the taxpayer, rather than in his favor.
While this is not invariably the case, the taxpayer should always pay attention to what he is being asked by the local official, lest it be used as a fishing expedition to defend the assessment, rather than as an opportunity to consider reducing it.
During 26 years of property tax practice, I have developed the following guidelines to help taxpayers decide whether to handle their own property tax appeals.
Taxpayers should represent themselves if:
1. There exists a provable factual error upon which the property tax assessment is based, such as incorrect legal description, erroneous measurement of land or improvements; or
2. The stakes are so low that no professional tax representative is willing to take on the job.
The taxpayer may feel comfortable making an appointment to see the local government official responsible for the property tax assessment and review with her or him the following possible property tax assessment errors:
1. Inaccurate property description or dimensions.
2. Clerical errors.
3. Mathematical errors.
Other issues that the taxpayer may want initially to personally address to the property appraiser, but may want to hire a professional for before proceeding to hearing, include:
1. Failure to consider needed repairs, including hurricane repairs.
2. Failure to consider value-reducers like difficult ingress and egress, easements, drainage problems, heavy traffic areas, nearby railroad tracks, expressways, industry or noxious uses.
3. Lower assessments on similar properties in the neighborhood. Although market value is generally the controlling standard, by law, taxation must be fair and equitable.
4. Failure to depreciate for negative factors (deferred maintenance, age and quality of materials, poor workmanship, spalling, cracks or deterioration, defective or outmoded materials or construction, physical, functional or economic obsolescence of land or improvements).
In general, it is well to consider hiring a professional to prepare and advance the following property tax appeal claims:
1. Income producing property overassessed.
2. Failure to recognize decreased value due to downward trend in the real estate market.
3. Unlawful assessments, such as double assessment of common areas both to individual owners and to homeowners or condominium association.
4. Exemptions or exceptions to full value taxation (including agricultural classification) not applied or not properly applied to the property.
General rules governing the decision whether to employ a professional for your property tax appeals:
A. Commercial properties, including vacant as well as developed property, should be reviewed annually with a professional as soon as the notice of proposed taxes is issued (in Florida, for example, this occurs in August). Most property tax professionals work on a contingency basis. This gives you an assurance that you are not investing in a tax appeal that is frivolous, since your agent gets no fee unless a reduction is obtained.
B. Taxpayers with unusual professional training or background, such as real estate investors, brokers, agents, accountants or attorneys, may obtain equal or better results than a hired gun, especially considering their enhanced familiarity with the negatives of the property, increased personal investment in the property, and net gain from not paying a professional fee from the tax savings obtained.
In conclusion, as is true of many government processes, property tax appeals may best be handled by professionals. This is particularly true since most property tax agents work on a contingency fee basis. This means that no fee is earned unless an assessment reduction is achieved. Certain claims may be handled just as well by taxpayers themselves, particularly claims based on provable factual errors made by the county property appraiser, such as errors in measurement of the size of land or building which can be demonstrated through sealed survey or sketch or architectural renderings.
If in doubt, review your property tax assessment with a professional. As in other contingency-fee industries, initial consultation is frequently free of charge.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
While this is not invariably the case, the taxpayer should always pay attention to what he is being asked by the local official, lest it be used as a fishing expedition to defend the assessment, rather than as an opportunity to consider reducing it.
During 26 years of property tax practice, I have developed the following guidelines to help taxpayers decide whether to handle their own property tax appeals.
Taxpayers should represent themselves if:
1. There exists a provable factual error upon which the property tax assessment is based, such as incorrect legal description, erroneous measurement of land or improvements; or
2. The stakes are so low that no professional tax representative is willing to take on the job.
The taxpayer may feel comfortable making an appointment to see the local government official responsible for the property tax assessment and review with her or him the following possible property tax assessment errors:
1. Inaccurate property description or dimensions.
2. Clerical errors.
3. Mathematical errors.
Other issues that the taxpayer may want initially to personally address to the property appraiser, but may want to hire a professional for before proceeding to hearing, include:
1. Failure to consider needed repairs, including hurricane repairs.
2. Failure to consider value-reducers like difficult ingress and egress, easements, drainage problems, heavy traffic areas, nearby railroad tracks, expressways, industry or noxious uses.
3. Lower assessments on similar properties in the neighborhood. Although market value is generally the controlling standard, by law, taxation must be fair and equitable.
4. Failure to depreciate for negative factors (deferred maintenance, age and quality of materials, poor workmanship, spalling, cracks or deterioration, defective or outmoded materials or construction, physical, functional or economic obsolescence of land or improvements).
In general, it is well to consider hiring a professional to prepare and advance the following property tax appeal claims:
1. Income producing property overassessed.
2. Failure to recognize decreased value due to downward trend in the real estate market.
3. Unlawful assessments, such as double assessment of common areas both to individual owners and to homeowners or condominium association.
4. Exemptions or exceptions to full value taxation (including agricultural classification) not applied or not properly applied to the property.
General rules governing the decision whether to employ a professional for your property tax appeals:
A. Commercial properties, including vacant as well as developed property, should be reviewed annually with a professional as soon as the notice of proposed taxes is issued (in Florida, for example, this occurs in August). Most property tax professionals work on a contingency basis. This gives you an assurance that you are not investing in a tax appeal that is frivolous, since your agent gets no fee unless a reduction is obtained.
B. Taxpayers with unusual professional training or background, such as real estate investors, brokers, agents, accountants or attorneys, may obtain equal or better results than a hired gun, especially considering their enhanced familiarity with the negatives of the property, increased personal investment in the property, and net gain from not paying a professional fee from the tax savings obtained.
In conclusion, as is true of many government processes, property tax appeals may best be handled by professionals. This is particularly true since most property tax agents work on a contingency fee basis. This means that no fee is earned unless an assessment reduction is achieved. Certain claims may be handled just as well by taxpayers themselves, particularly claims based on provable factual errors made by the county property appraiser, such as errors in measurement of the size of land or building which can be demonstrated through sealed survey or sketch or architectural renderings.
If in doubt, review your property tax assessment with a professional. As in other contingency-fee industries, initial consultation is frequently free of charge.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
CELEBRITY PROPERTY TAX ASSESSMENT: ALONZO MOURNING
Wondering about Miami Heat veteran center Alonzo Mourning's property tax assessment? Well, here it is, along with some photos and the recently-reduced asking price--just in case you like high ceilings!
Folio No.:
01-4128-036-0080
Property:
3525 ANCHORAGE WY
Mailing Address:
ALONZO H MOURNING JR
Property Information:
Primary Zone:
0100 SINGLE FAMILY RESIDENCE
CLUC:
0001 RESIDENTIAL- SINGLE FAMILY
Beds/Baths:
5/5
Floors:
3
Living Units:
1
Adj Sq Footage:
10,121
Lot Size:
18,583 SQ FT
Year Built:
1996
Legal Description:
ANCHORAGE PB 122-64 LOT 8 BLK 1 LOT SIZE 18583 SQ FT & INT IN COMM AREAS DES AS PVT RD OR 17362-2861 0996 1
Sale Information:
Sale O/R:
17362-2861
Sale Date:
9/1996
Sale Amount:
$3,200,000
Assessment Information:
Year:
2006
Land Value:
$2,861,782
Building Value:
$2,207,305
Market Value:
$5,069,087
Assessed Value:
$4,347,189
Homestead Exemption:
$25,000
Taxable Value:
$4,322,189
Basketball star Alonzo Mourning wants $9.5M for Miami mansion
Miami Heat center Alonzo Mourning has reduced the asking price of his 10,121-square-foot bayfront mansion in Miami, Fla. from $10 million to $9.5 million.
Mourning, 37, paid $3.2 million in 1996 to buy the five-bedroom mansion new, according to public records. Located in the gated Anchorage subdivision in Miami’s Coconut Grove area, the house, at 3525 Anchorage Way, has five full baths, one half bath, a rooftop deck, a four-car garage, a carport that can house six more vehicles, and a private boat harbor with three boat slips, according to listing information. Other features include a pool with a Jacuzzi, impact windows and doors, built-ins, exotic wood cabinetry, expansive teraces, and balconies, according to listing information.
Check out listing information–complete with many photos–at the personalized website for the house, which contains the house’s address: www.3525anchorage.com.
Mourning is selling his Miami house because he and wife Tracy have new, bigger digs. They paid $12.75 million in late 2005, according to public records, to purchase a 13,086-square-foot bayfront mansion at 33 Arvida Parkway in Coral Gables, Fla. Built in 2004, Mourning’s new house has eight bedrooms and a pool and sits on close to an acre. It also carries a whopping $223,203 tax bill, according to public records.
____________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Folio No.:
01-4128-036-0080
Property:
3525 ANCHORAGE WY
Mailing Address:
ALONZO H MOURNING JR
Property Information:
Primary Zone:
0100 SINGLE FAMILY RESIDENCE
CLUC:
0001 RESIDENTIAL- SINGLE FAMILY
Beds/Baths:
5/5
Floors:
3
Living Units:
1
Adj Sq Footage:
10,121
Lot Size:
18,583 SQ FT
Year Built:
1996
Legal Description:
ANCHORAGE PB 122-64 LOT 8 BLK 1 LOT SIZE 18583 SQ FT & INT IN COMM AREAS DES AS PVT RD OR 17362-2861 0996 1
Sale Information:
Sale O/R:
17362-2861
Sale Date:
9/1996
Sale Amount:
$3,200,000
Assessment Information:
Year:
2006
Land Value:
$2,861,782
Building Value:
$2,207,305
Market Value:
$5,069,087
Assessed Value:
$4,347,189
Homestead Exemption:
$25,000
Taxable Value:
$4,322,189
Basketball star Alonzo Mourning wants $9.5M for Miami mansion
Miami Heat center Alonzo Mourning has reduced the asking price of his 10,121-square-foot bayfront mansion in Miami, Fla. from $10 million to $9.5 million.
Mourning, 37, paid $3.2 million in 1996 to buy the five-bedroom mansion new, according to public records. Located in the gated Anchorage subdivision in Miami’s Coconut Grove area, the house, at 3525 Anchorage Way, has five full baths, one half bath, a rooftop deck, a four-car garage, a carport that can house six more vehicles, and a private boat harbor with three boat slips, according to listing information. Other features include a pool with a Jacuzzi, impact windows and doors, built-ins, exotic wood cabinetry, expansive teraces, and balconies, according to listing information.
Check out listing information–complete with many photos–at the personalized website for the house, which contains the house’s address: www.3525anchorage.com.
Mourning is selling his Miami house because he and wife Tracy have new, bigger digs. They paid $12.75 million in late 2005, according to public records, to purchase a 13,086-square-foot bayfront mansion at 33 Arvida Parkway in Coral Gables, Fla. Built in 2004, Mourning’s new house has eight bedrooms and a pool and sits on close to an acre. It also carries a whopping $223,203 tax bill, according to public records.
____________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
How Does the County Property Appraiser Value My Property?
How does the County Property Appraiser arrive at the value for my property annually?
To find the value of a property, the Appraiser must first know the use and condition of the property, what properties similar to it are selling for, what it would cost today to replace it, how much it takes to maintain, what income it may produce, and other factors affecting its value.
The market value statute contains a list of 8 factors which the Appraiser must at least consider regarding each property.
Considering these factors, the Property Appraiser assesses the property’s value. The three approaches to value are:
#1. Comparable Sales (Market) Approach - One way to assess the property’s value is to find properties like yours, located in your neighborhood, which have been sold recently. According to the State Department of Revenue, the Appraiser should NOT use sales which occur after January 1 of the tax year in question.
Selling prices of comparable properties, however, must be carefully analyzed in order to get an accurate indication of the applicability vis-a-vis your particular property.
#2. Cost Approach - A second way is based on how much money it would take, at current material and labor costs, to replace your property with one just like it. If your property is not new, the Appraiser must also determine how much it has depreciated.
#3. Income (Economic) Approach - A third approach is used if you own property that provides rental income. These include apartment buildings, retail uses, offices, and warehouses. Here the Property Appraiser must consider actual and market operating expenses, insurance, maintenance, and the return most people would expect to get on the particular type of property.
What causes your home’s assessed value to change? Property tax is based upon the value of your property. When the market value of your property changes, so does your appraised value.
A property’s value can change for many reasons. The most frequent cause of a change in value is a change in the market.
As older neighborhoods are discovered and gentrified by new buyers, prices increase as the neighborhood becomes more popular. In a recession, larger homes may stay on the market for a longer time, more affordable homes phase into demand, and their prices rise accordingly. In a stable neighborhood, with no extraordinary pressure from the market, inflation may increase property values.
If you were to increase the total market value of your property by adding a swimming pool, additional bedroom, extra feature or square footage or other the appraised value would increase proportionately. Similarly, should your property’s value be decreased by hurricane, fire or other calamity, the appraised value would decrease to reflect the downward impact of such damage on the market value of the property.
State law requires the Miami-Dade County to appraise property at 100% market value. This usually translates to 85 - 90% of gross purchase price, after statutory adjustments, including household goods and costs of sale.
The Florida Department of Revenue by law is responsible for the overall supervision of assessment and collection of taxes statewide. The Department conducts an in-depth audit of the tax roll every other year to ensure compliance. If the levels of assessment do not comply with law, the tax assessment roll will not be approved.
What steps should the taxpayer take if he or she feels his property tax assessment exceeds market value or is discriminatory as compared to similar properties in a homogeneous area or neighborhood?
A Notice of Proposed Taxes (TRIM--Truth in Millage--notice) is mailed to all property owners throughout Florida between the second and fourth weeks of August annually.
The notice states the assessed value of the property, the exempt value, and expected tax bill, depending on whether the proposed budgets are approved by the various taxing authorities, i.e., millage-setting entities. These include the county, the municipality (if any), water management distrtict and any special taxing districts.
Note well that any Value Adjustment Board petition--a/k/a tax appeal--must be FILED within 25 days of the MAILING of the Notice of Proposed Taxes.
Dyring this period of 25 calendar days after the mailing of the notice, the Appraiser’s office will provide property owners with an explanation of their assessed value. This is called the conference or open roll period.
If your opinion of the value of your property differs from the Property Appraiser's, you may visit the Appraiser's office and discuss the matter. If you have information to show that the appraised value is above the market value of your property, a review will be conducted .
The review can address the following:
• verification of your property record information ;
• review of assessmeny methodolgy used to value your property;
• determination whether the property qualifies for any exemptions;
• appeal process;
• comparison with values of similar properties in your neighborhood.
After talking with theProperty Appraisal representative, if you still find a significant difference between the assessed value and what you belive your property’s market value is, you may file a petition to be heard by the Value Adjustment Board, typically represented by an experienced independent appraiser--not a department employee--serving as special magistrate.
When you receive your assessment notice in mid- or late-August, read it for instructions about deadlines and filing procedures. If you need clarification, call the Property Appraiser’s office. Be sure you understand and follow instructions. A missed deadline or incorrect filing can cause an appeal to be dismissed.
Deadlines are also crtical regarding the submission of documentary evidence in advance of hearing after you timely file your appeal.
An assessment appeal is an attempt to prove that the estimated market value of your property is either inaccurate or unfair. You are required to present evidence supporting your estimate of market value to the Value Adjustment Board.
The Value Adjustment Board has no jurisdiction or control over taxes or tax rates. Its only function is to hear evidence as to whether petitioned properties are assessesd in excess of market value.
If such is the case, the Board has the authority to reduce the appraised value. They cannot change your appraised value based on hardship or any other such other reason. The Board also hears appeals of of exemption denials, both homestead and charitable. Agricultural classification applications which are denied in whole or in part are also appealable to the Value Adjustment Board.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
To find the value of a property, the Appraiser must first know the use and condition of the property, what properties similar to it are selling for, what it would cost today to replace it, how much it takes to maintain, what income it may produce, and other factors affecting its value.
The market value statute contains a list of 8 factors which the Appraiser must at least consider regarding each property.
Considering these factors, the Property Appraiser assesses the property’s value. The three approaches to value are:
#1. Comparable Sales (Market) Approach - One way to assess the property’s value is to find properties like yours, located in your neighborhood, which have been sold recently. According to the State Department of Revenue, the Appraiser should NOT use sales which occur after January 1 of the tax year in question.
Selling prices of comparable properties, however, must be carefully analyzed in order to get an accurate indication of the applicability vis-a-vis your particular property.
#2. Cost Approach - A second way is based on how much money it would take, at current material and labor costs, to replace your property with one just like it. If your property is not new, the Appraiser must also determine how much it has depreciated.
#3. Income (Economic) Approach - A third approach is used if you own property that provides rental income. These include apartment buildings, retail uses, offices, and warehouses. Here the Property Appraiser must consider actual and market operating expenses, insurance, maintenance, and the return most people would expect to get on the particular type of property.
What causes your home’s assessed value to change? Property tax is based upon the value of your property. When the market value of your property changes, so does your appraised value.
A property’s value can change for many reasons. The most frequent cause of a change in value is a change in the market.
As older neighborhoods are discovered and gentrified by new buyers, prices increase as the neighborhood becomes more popular. In a recession, larger homes may stay on the market for a longer time, more affordable homes phase into demand, and their prices rise accordingly. In a stable neighborhood, with no extraordinary pressure from the market, inflation may increase property values.
If you were to increase the total market value of your property by adding a swimming pool, additional bedroom, extra feature or square footage or other the appraised value would increase proportionately. Similarly, should your property’s value be decreased by hurricane, fire or other calamity, the appraised value would decrease to reflect the downward impact of such damage on the market value of the property.
State law requires the Miami-Dade County to appraise property at 100% market value. This usually translates to 85 - 90% of gross purchase price, after statutory adjustments, including household goods and costs of sale.
The Florida Department of Revenue by law is responsible for the overall supervision of assessment and collection of taxes statewide. The Department conducts an in-depth audit of the tax roll every other year to ensure compliance. If the levels of assessment do not comply with law, the tax assessment roll will not be approved.
What steps should the taxpayer take if he or she feels his property tax assessment exceeds market value or is discriminatory as compared to similar properties in a homogeneous area or neighborhood?
A Notice of Proposed Taxes (TRIM--Truth in Millage--notice) is mailed to all property owners throughout Florida between the second and fourth weeks of August annually.
The notice states the assessed value of the property, the exempt value, and expected tax bill, depending on whether the proposed budgets are approved by the various taxing authorities, i.e., millage-setting entities. These include the county, the municipality (if any), water management distrtict and any special taxing districts.
Note well that any Value Adjustment Board petition--a/k/a tax appeal--must be FILED within 25 days of the MAILING of the Notice of Proposed Taxes.
Dyring this period of 25 calendar days after the mailing of the notice, the Appraiser’s office will provide property owners with an explanation of their assessed value. This is called the conference or open roll period.
If your opinion of the value of your property differs from the Property Appraiser's, you may visit the Appraiser's office and discuss the matter. If you have information to show that the appraised value is above the market value of your property, a review will be conducted .
The review can address the following:
• verification of your property record information ;
• review of assessmeny methodolgy used to value your property;
• determination whether the property qualifies for any exemptions;
• appeal process;
• comparison with values of similar properties in your neighborhood.
After talking with theProperty Appraisal representative, if you still find a significant difference between the assessed value and what you belive your property’s market value is, you may file a petition to be heard by the Value Adjustment Board, typically represented by an experienced independent appraiser--not a department employee--serving as special magistrate.
When you receive your assessment notice in mid- or late-August, read it for instructions about deadlines and filing procedures. If you need clarification, call the Property Appraiser’s office. Be sure you understand and follow instructions. A missed deadline or incorrect filing can cause an appeal to be dismissed.
Deadlines are also crtical regarding the submission of documentary evidence in advance of hearing after you timely file your appeal.
An assessment appeal is an attempt to prove that the estimated market value of your property is either inaccurate or unfair. You are required to present evidence supporting your estimate of market value to the Value Adjustment Board.
The Value Adjustment Board has no jurisdiction or control over taxes or tax rates. Its only function is to hear evidence as to whether petitioned properties are assessesd in excess of market value.
If such is the case, the Board has the authority to reduce the appraised value. They cannot change your appraised value based on hardship or any other such other reason. The Board also hears appeals of of exemption denials, both homestead and charitable. Agricultural classification applications which are denied in whole or in part are also appealable to the Value Adjustment Board.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
47 Year Condo Absorption Period Means Reduced Tax Assessments?
From the most recent City of Miami Large Scale Development Report, it appears that the approximate absorption of residential condos in the City of Miami over the past 12 years or so has been 15,525 units. At that rate, it would take 17.2 years to absorb the number of units currently under construction (22,254 units) and another 46.6 years to absorb the proposed and future units (60,232 units).
It appears that the near future will be a very interesting time; it may be loaded with buying opportunities.
If, indeed, the evident glut of condo units soon to hit the market results in an oversupply, sales prices may be exepected to fall, foreclosures proliferate--and fair market value andtproperty taxes assesments reduced accordingly.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
It appears that the near future will be a very interesting time; it may be loaded with buying opportunities.
If, indeed, the evident glut of condo units soon to hit the market results in an oversupply, sales prices may be exepected to fall, foreclosures proliferate--and fair market value andtproperty taxes assesments reduced accordingly.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
When Can I Conduct My Own Property Tax Appeal and When Should I Hire a Professional?
The following article does not constitute legal advice, but is for informational purposes only. Every property tax appeal must be evaluated on its own facts and legal principles. Such evaluation is best undertaken by consulting a professional. Some of the most frustrating experiences I have had as a property tax professional are the times when I have:
Wanted to "jump in" at a property tax appeal hearing and help a taxpayer presenting his own case.
Squirmed in sympathy when a taxpayer answered a question asked at hearing by the taxing authorities intended to elicit an answer to prejudice a taxpayer's claim.
Overheard a property appraisal employee at the public service counter ask a taxpayer for a document ostensibly to help the taxpayer establish entitlement to exemption claim, when the true purpose was to substantiate denial of the claim.
Seen a taxpayer appear at hearing without reading the fine print on the 3-page notice of hearing and inadvertently failing to comply with Florida's recently-adopted 15-day advance evidence filing requirement.
But I've managed to restrain myself (except on one notable occasion, when I insinuated myself into a hearing to act as an "amicus curiae," a friend of the court, to inform the legal Special Magistrate of the status of the law regarding eligibility of certain ICE or immigration statuses eligible for permanent residency under Florida homestead exemption law).
Bottom line is, what was initially intended as an informal opportunity for an aggrieved taxpayer to appear before 3 members of the county commission and 2 members of the county school board has turned into a highly-technical, rule-intensive and fact-intensive evidentiary hearing before an appointed professional appraiser Special Magistrate or attorney Special Magistrate.
The property tax assessment appeal hearing is governed by a slew of procedural rules and statutory and regulatory principles governing both the process and the substantive aspects of property tax assessment and appraisal, as well as exemption and classification issues.
The conclusion I have come to after 25 years of property tax practice on both sides of the fence--representing first the taxing authorities and later private, institutional and even public (e.g., municipal) taxpayers, is that there are two categories of property tax appeals. Some property tax appeal claims can be handled by taxpayers and some should be handed over to professionals, as briefly explained below.
Taxpayers should represent themselves only if:
1. there exists a provable factual error upon which the property tax assessment is based, such as incorrect legal description, erroneous measurement of land or improvements; or
2. the stakes are so low that no professional tax representative is willing to take on the job.
The taxpayer himself or herself may feel comfortable making an appointment to see the local government official responsible for your property tax assessment and review with her or him the following possible property tax assessment errors: 1. Inaccurate property description or dimensions. 2. Clerical errors. 3. Mathematical errors.
Other issues that the taxpayer may want to personally address to the property appraiser but may want to hire a professional for before proceeding to hearing, include:
4. Failure to consider needed repairs.
5. Failure to consider value-reducers like difficult ingress and egress, easements, drainage problems, heavy traffic areas, nearby railroad tracks, expressways, industry or noxious uses.
6. Lower assessments on similar properties in the neighborhood. Although market value is generally the controlling standard, by law, taxation must be fair and equitable.
7. Failure to depreciate for negative factors (deferred maintenance, age and quality of materials, poor workmanship, spalling, cracks or deterioration, defective or outmoded materials or construction, physical, functional or economic obsolescence of land or improvements).
In general, it is well to consider hiring a professional to prepare and advance the following property tax appeal claims:
8. Income producing property overassessed.
9. Failure to recognize decreased value due to downward trend in the real estate market.
10. Unlawful assessments, such as double assessment of common areas both to individual owners and to homeowners association.
11. Exemptions or exceptions to full value taxation (including agricultural classification) not applied or not properly applied to the property.
General rules governing the decision whether to employ a professional for your property tax appeals:
A. Commercial properties, including vacant as well as developed property, should be reviewed annually with a professional as soon as the notice of proposed taxes is issued in August. Most property tax professionals work on a contingency basis. This gives you some assurance that you are not investing in a tax appeal that is frivolous, since your agent gets no fee unless a reduction is obtained.
B. Taxpayers with unusual professional training or background, such as real estate investors, brokers, agents, accountants or attorneys, may obtain equal or better results than a "hired gun," especially considering their enhanced familiarity with the negatives of the property, increased "investment" in the property, and net gain from not paying a professional fee.
Summary: as is true of many government processes, property tax appeals in Florida may best be handled by professionals. This is particularly true since most property tax agents work on a contingency fee basis. This means that no fee is earned unless an assessment reduction is achieved. Certain claims may be handled just as well by taxpayers themselves, particularly claims based on provable factual errors made by the county property appraiser, such as errors in measurement of the size of land or building which can be demonstrated through sealed survey or sketch or architectural renderings. If in doubt, review your property tax assessment with a professional. As in other contingency-fee industries, initial consultation is frequently free of charge.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Wanted to "jump in" at a property tax appeal hearing and help a taxpayer presenting his own case.
Squirmed in sympathy when a taxpayer answered a question asked at hearing by the taxing authorities intended to elicit an answer to prejudice a taxpayer's claim.
Overheard a property appraisal employee at the public service counter ask a taxpayer for a document ostensibly to help the taxpayer establish entitlement to exemption claim, when the true purpose was to substantiate denial of the claim.
Seen a taxpayer appear at hearing without reading the fine print on the 3-page notice of hearing and inadvertently failing to comply with Florida's recently-adopted 15-day advance evidence filing requirement.
But I've managed to restrain myself (except on one notable occasion, when I insinuated myself into a hearing to act as an "amicus curiae," a friend of the court, to inform the legal Special Magistrate of the status of the law regarding eligibility of certain ICE or immigration statuses eligible for permanent residency under Florida homestead exemption law).
Bottom line is, what was initially intended as an informal opportunity for an aggrieved taxpayer to appear before 3 members of the county commission and 2 members of the county school board has turned into a highly-technical, rule-intensive and fact-intensive evidentiary hearing before an appointed professional appraiser Special Magistrate or attorney Special Magistrate.
The property tax assessment appeal hearing is governed by a slew of procedural rules and statutory and regulatory principles governing both the process and the substantive aspects of property tax assessment and appraisal, as well as exemption and classification issues.
The conclusion I have come to after 25 years of property tax practice on both sides of the fence--representing first the taxing authorities and later private, institutional and even public (e.g., municipal) taxpayers, is that there are two categories of property tax appeals. Some property tax appeal claims can be handled by taxpayers and some should be handed over to professionals, as briefly explained below.
Taxpayers should represent themselves only if:
1. there exists a provable factual error upon which the property tax assessment is based, such as incorrect legal description, erroneous measurement of land or improvements; or
2. the stakes are so low that no professional tax representative is willing to take on the job.
The taxpayer himself or herself may feel comfortable making an appointment to see the local government official responsible for your property tax assessment and review with her or him the following possible property tax assessment errors: 1. Inaccurate property description or dimensions. 2. Clerical errors. 3. Mathematical errors.
Other issues that the taxpayer may want to personally address to the property appraiser but may want to hire a professional for before proceeding to hearing, include:
4. Failure to consider needed repairs.
5. Failure to consider value-reducers like difficult ingress and egress, easements, drainage problems, heavy traffic areas, nearby railroad tracks, expressways, industry or noxious uses.
6. Lower assessments on similar properties in the neighborhood. Although market value is generally the controlling standard, by law, taxation must be fair and equitable.
7. Failure to depreciate for negative factors (deferred maintenance, age and quality of materials, poor workmanship, spalling, cracks or deterioration, defective or outmoded materials or construction, physical, functional or economic obsolescence of land or improvements).
In general, it is well to consider hiring a professional to prepare and advance the following property tax appeal claims:
8. Income producing property overassessed.
9. Failure to recognize decreased value due to downward trend in the real estate market.
10. Unlawful assessments, such as double assessment of common areas both to individual owners and to homeowners association.
11. Exemptions or exceptions to full value taxation (including agricultural classification) not applied or not properly applied to the property.
General rules governing the decision whether to employ a professional for your property tax appeals:
A. Commercial properties, including vacant as well as developed property, should be reviewed annually with a professional as soon as the notice of proposed taxes is issued in August. Most property tax professionals work on a contingency basis. This gives you some assurance that you are not investing in a tax appeal that is frivolous, since your agent gets no fee unless a reduction is obtained.
B. Taxpayers with unusual professional training or background, such as real estate investors, brokers, agents, accountants or attorneys, may obtain equal or better results than a "hired gun," especially considering their enhanced familiarity with the negatives of the property, increased "investment" in the property, and net gain from not paying a professional fee.
Summary: as is true of many government processes, property tax appeals in Florida may best be handled by professionals. This is particularly true since most property tax agents work on a contingency fee basis. This means that no fee is earned unless an assessment reduction is achieved. Certain claims may be handled just as well by taxpayers themselves, particularly claims based on provable factual errors made by the county property appraiser, such as errors in measurement of the size of land or building which can be demonstrated through sealed survey or sketch or architectural renderings. If in doubt, review your property tax assessment with a professional. As in other contingency-fee industries, initial consultation is frequently free of charge.
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
How to Select a Property Tax Attorney
What follows is an entry I wrote for wikihow titled How to Select a Property Tax Attorney.
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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.
http://www.wikihow.com/Select-a-Property-Tax-Attorney
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
_______________________________________________________________
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.
http://www.wikihow.com/Select-a-Property-Tax-Attorney
_______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Florida Property Tax News: Call Your State Senator!
What follows is a press release prepared by fellow members of the Florida Association of Property Tax Professionals (FAPTP). Because we endorse the call to action set forth in the press release--and not just because the FAPTP has previously retained our services as legal counsel to address the members of the Palm Beach County Value Adjustment Board--we publish the press release in this blogspace.
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Legislative staff have determined that at least $456.8 million of overassessment and excessive taxation presently exists in the Florida ad valorem tax system. This reverse tax gap is caused by abuses in assessment practices and tax contest proceedings that are heavily weighted in favor of the taxing authorities and against overassessed taxpayers. HB 261, which was passed by the House of Representatives yesterday by a vote of 117 to 1, is designed to correct those abuses. The Legislative staff estimate of as much as $500 million in tax savings will result if this bill is adopted by the Senate.
Some county property appraisers acknowledge that abuses are occurring in the system but wish to delay any corrective action. They are urging the Senate to set up a “study commission” in order to postpone any corrective action. The Auditor General has already studied the ad valorem tax contest system and confirms that abuses are present. No further study is necessary. Real ad valorem tax reform requires an immediate correction of the well recognized flaws in the system. Another year to study this problem, another $500 million of excessive taxation, is not the answer. We urge you to contact you Senator, immediately, bring to his or her attention this appalling situation and urge the Senate’s adoption of the outstanding reforms contained in HB 261. _______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
______________________________________________________________
Legislative staff have determined that at least $456.8 million of overassessment and excessive taxation presently exists in the Florida ad valorem tax system. This reverse tax gap is caused by abuses in assessment practices and tax contest proceedings that are heavily weighted in favor of the taxing authorities and against overassessed taxpayers. HB 261, which was passed by the House of Representatives yesterday by a vote of 117 to 1, is designed to correct those abuses. The Legislative staff estimate of as much as $500 million in tax savings will result if this bill is adopted by the Senate.
Some county property appraisers acknowledge that abuses are occurring in the system but wish to delay any corrective action. They are urging the Senate to set up a “study commission” in order to postpone any corrective action. The Auditor General has already studied the ad valorem tax contest system and confirms that abuses are present. No further study is necessary. Real ad valorem tax reform requires an immediate correction of the well recognized flaws in the system. Another year to study this problem, another $500 million of excessive taxation, is not the answer. We urge you to contact you Senator, immediately, bring to his or her attention this appalling situation and urge the Senate’s adoption of the outstanding reforms contained in HB 261. _______________________________________________________
Daniel A. Weiss has over 26 years experience as a Florida property tax attorney. Daniel Weiss was named in the 2007 Annual Edition of the South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental.
For a free consultation regarding your property, contact Click here
Wednesday, March 28, 2007
Palm Beach County Property Appraiser and Value Adjustment Board Throw Brickbats at Each Other
An annual occurrence after tax bills issue in November is the finger-pointing fest between the Property Appraiser and the taxing authorities, i.e., the county, municipalities, school boards and other entities authorized to set millage rates--tax rates--in order to meet their annual budget.
The traditional event is for all concerned to say, "Don't look at me; it's not my fault your property taxes are so high."
The county property appraiser says, "I just follow the real estate market and reflect the values established by sales of property."
The taxing authorities say, "We just make an arithmetic calculation to determine how much the millage has to be when applied to the tax assessment valuation roll in order to meet expenses set forth in the budget."
This can lead to some lively debate--and more--as it recently did in Palm Beach County.
_____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 26 years experience as a Florida property tax attorney. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
The traditional event is for all concerned to say, "Don't look at me; it's not my fault your property taxes are so high."
The county property appraiser says, "I just follow the real estate market and reflect the values established by sales of property."
The taxing authorities say, "We just make an arithmetic calculation to determine how much the millage has to be when applied to the tax assessment valuation roll in order to meet expenses set forth in the budget."
This can lead to some lively debate--and more--as it recently did in Palm Beach County.
_____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 26 years experience as a Florida property tax attorney. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
Florida Property Tax Lawyers and Taxpayers Appear Before Governor's Committee
Wondering where Florida legislators are getting their ideas for tax reform? Well, they needed to do little more than listen to their constituents. Vocal taxpayers and Florida property tax attorneys alike attended eight sessions sceduled across the state to voice their opinions.
_____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 26 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
_____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 26 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
Tuesday, February 27, 2007
Florida Property Tax News: Homestead Exemptions Continued After Building Damaged or Destroyed By Misfortune or Calamity— Or Intentional Demolition?
The 2006 Florida Legislature adopted a statute intended to preserve homestead exemption status of property damaged or destroyed by misfortune or calamity. Section 196.031(7), Florida Statutes, is effective January 1, 2006. Thus, it applies retroactively to the 2006 tax assessment roll, as well as to all future years’ rolls.
In summary, this new law provides that homestead exemption can be granted when a homestead property is damaged or destroyed by misfortune or calamity and is uninhabitable on January 1 after the damage if the property otherwise qualifies and the property owner notifies the property appraiser that he or she intends to repair or rebuild the property and live in it as the primary residence after it is repaired or rebuilt and the owner does not claim a homestead exemption on any other property. Failure by the owner to commence the repair or rebuilding within 3 years constitutes abandonment.
The law specifically revised section 196.031, Florida Statutes, as follows:
196.031 Exemption of homesteads.—
(7) When homestead property is damaged or destroyed by misfortune or calamity and the property is uninhabitable on January 1 after the damage or destruction occurs, the homestead exemption may be granted if the property is otherwise qualified and if the property owner notifies the property appraiser that he or she intends to repair or rebuild the property and live in the property as his or her primary residence after the property is repaired or rebuilt and does not claim a homestead exemption on any other property or otherwise violate this section. Failure by the property owner to commence the repair or rebuilding of the homestead property within 3 years after January 1 following the property’s damage or destruction constitutes abandonment of the property as a homestead.
Notably, the new relief ostensibly created by this statute has been advocated successfully by the author of this article as though it were already authorized. We have successfully taken the position on behalf of a number of different taxpayers that homestead exemption and the Save Our Homes Cap, once established, so long as it is not abandoned, can survive destruction of the improvements. Moreover, we have successfully taken this position even where the destruction was due to intentional demolition for planned redevelopment, and not solely due to misfortune or calamity. This position we believe to be well-founded, since permanent residence is not necessarily synonymous with physical occupancy—County Property Appraisers’ sometime position to the contrary notwithstanding.
Generally, we find our position on preservation of homestead exemption during and after demolition for rebuilding a private residence acceptable to the County Property Appraiser provided the following general guidelines are considered:
1. Reasonableness of length of absence from the homestead property, depending on the size and scope of the remodeling, renovation or reconstruction;
2. Factual indicia of continuing permanent residence;
3. Other place(s) of residency during absence from homestead;
4. Intention to return to homestead property upon completion of renovation, remodeling or reconstruction;
5. Applications for or status of homestead exemption or residency benefit elsewhere than on the property claimed as continuing homestead;
6. Any changes in applicable law.
Our policy—just as is the policy enshrined in the above-quoted newly-adopted statute—is to put the Property Appraiser on notice so as to attempt to prevent revocation of homestead during the period of reconstruction. In regard to estimating the time period involved, we ask the Property Appraiser to consider each case on its own facts in relation to the foregoing criteria. For example, if there were particular problems with a contract or a construction project, such facts should appropriately be reviewed when considering how long the taxpayer is physically absent from the homestead property. We believe this procedure sets a good example for other Florida property tax lawyers who desire to improve the quality of service provided to taxpayer clients
We take pains to make clear to the taxpayer—and to acknowledge to the Property Appraiser our understanding--that the work on the property and value added thereby will be assessed on the next succeeding tax roll in addition to value of the improvements in a prior year—or in lieu of the improvements if there is a complete demolition. Obviously, this added valuation should be done in a manner consistent with the constitution, the governing statutes and prevailing policies.
In the case of complete demolition, then, the only portion of the property which would be capped under the “Save Our Homes Amendment” would be the land. In many locations in Florida, particularly for waterfront properties homesteaded since the inception of the Save Our Homes Cap in 1996, tax savings can run into the tens of thousands of dollars annually.
If you have any questions or concerns about how this new statute relates to your property, or how to protect and preserve your homestead exemption from property taxation during periods of demolition and rebuilding, see your property tax consultant.
Also, remember to review the assessment of the new improvement the first time it appears on your Notice of Proposed Taxes in August. Be sure to consider appealing the assessment if you believe the Property Appraiser has assessed the improvements in excess of market value. You may have to contact the Property Appraiser’s office, or view your assessment online, to ascertain the value assigned separately to the improvements. The split between land value and building value do not appear on the state-approved form for the notice of proposed property taxes, although proposed revision are in the legislative hopper for 2007. And in making the decision whether to appeal, remember that (1) the cost approach to valuation of real estate is particularly applicable to new construction; and (2) the improvement valuation will be included in the assessment (together with the capped value on the land) to comprise your new homestead exemption base year assessment for all future years under the Save Our Homes cap. So don’t neglect timely undertaking this important decision-making process.
_______________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 26 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
In summary, this new law provides that homestead exemption can be granted when a homestead property is damaged or destroyed by misfortune or calamity and is uninhabitable on January 1 after the damage if the property otherwise qualifies and the property owner notifies the property appraiser that he or she intends to repair or rebuild the property and live in it as the primary residence after it is repaired or rebuilt and the owner does not claim a homestead exemption on any other property. Failure by the owner to commence the repair or rebuilding within 3 years constitutes abandonment.
The law specifically revised section 196.031, Florida Statutes, as follows:
196.031 Exemption of homesteads.—
(7) When homestead property is damaged or destroyed by misfortune or calamity and the property is uninhabitable on January 1 after the damage or destruction occurs, the homestead exemption may be granted if the property is otherwise qualified and if the property owner notifies the property appraiser that he or she intends to repair or rebuild the property and live in the property as his or her primary residence after the property is repaired or rebuilt and does not claim a homestead exemption on any other property or otherwise violate this section. Failure by the property owner to commence the repair or rebuilding of the homestead property within 3 years after January 1 following the property’s damage or destruction constitutes abandonment of the property as a homestead.
Notably, the new relief ostensibly created by this statute has been advocated successfully by the author of this article as though it were already authorized. We have successfully taken the position on behalf of a number of different taxpayers that homestead exemption and the Save Our Homes Cap, once established, so long as it is not abandoned, can survive destruction of the improvements. Moreover, we have successfully taken this position even where the destruction was due to intentional demolition for planned redevelopment, and not solely due to misfortune or calamity. This position we believe to be well-founded, since permanent residence is not necessarily synonymous with physical occupancy—County Property Appraisers’ sometime position to the contrary notwithstanding.
Generally, we find our position on preservation of homestead exemption during and after demolition for rebuilding a private residence acceptable to the County Property Appraiser provided the following general guidelines are considered:
1. Reasonableness of length of absence from the homestead property, depending on the size and scope of the remodeling, renovation or reconstruction;
2. Factual indicia of continuing permanent residence;
3. Other place(s) of residency during absence from homestead;
4. Intention to return to homestead property upon completion of renovation, remodeling or reconstruction;
5. Applications for or status of homestead exemption or residency benefit elsewhere than on the property claimed as continuing homestead;
6. Any changes in applicable law.
Our policy—just as is the policy enshrined in the above-quoted newly-adopted statute—is to put the Property Appraiser on notice so as to attempt to prevent revocation of homestead during the period of reconstruction. In regard to estimating the time period involved, we ask the Property Appraiser to consider each case on its own facts in relation to the foregoing criteria. For example, if there were particular problems with a contract or a construction project, such facts should appropriately be reviewed when considering how long the taxpayer is physically absent from the homestead property. We believe this procedure sets a good example for other Florida property tax lawyers who desire to improve the quality of service provided to taxpayer clients
We take pains to make clear to the taxpayer—and to acknowledge to the Property Appraiser our understanding--that the work on the property and value added thereby will be assessed on the next succeeding tax roll in addition to value of the improvements in a prior year—or in lieu of the improvements if there is a complete demolition. Obviously, this added valuation should be done in a manner consistent with the constitution, the governing statutes and prevailing policies.
In the case of complete demolition, then, the only portion of the property which would be capped under the “Save Our Homes Amendment” would be the land. In many locations in Florida, particularly for waterfront properties homesteaded since the inception of the Save Our Homes Cap in 1996, tax savings can run into the tens of thousands of dollars annually.
If you have any questions or concerns about how this new statute relates to your property, or how to protect and preserve your homestead exemption from property taxation during periods of demolition and rebuilding, see your property tax consultant.
Also, remember to review the assessment of the new improvement the first time it appears on your Notice of Proposed Taxes in August. Be sure to consider appealing the assessment if you believe the Property Appraiser has assessed the improvements in excess of market value. You may have to contact the Property Appraiser’s office, or view your assessment online, to ascertain the value assigned separately to the improvements. The split between land value and building value do not appear on the state-approved form for the notice of proposed property taxes, although proposed revision are in the legislative hopper for 2007. And in making the decision whether to appeal, remember that (1) the cost approach to valuation of real estate is particularly applicable to new construction; and (2) the improvement valuation will be included in the assessment (together with the capped value on the land) to comprise your new homestead exemption base year assessment for all future years under the Save Our Homes cap. So don’t neglect timely undertaking this important decision-making process.
_______________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 26 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
Monday, February 19, 2007
Florida Property Tax News: Florida Property Tax Committee Proceedings
Very much in the news these days are the public meetings of the Florida Property Tax Reform Committee. The Committee was appointed by Governor Jeb Bush. The Committee is holding hearings around the state, seeking public input.
Eight meetings are scheduled in various locations across the state. On February 13, 2007, the Legislative Hearings on Property Tax Reform were held in Miami. The author of this blog attended, both to hear what others had to say and to put in his own two cents worth.
The Committee’s Charge
The Committee was charged with responsibility to consider, at a minimum, the following:
· Consequences of property tax exemptions and assessment differentials;
· Appropriateness, affordability and economic consequences of property taxation levels in Florida;
· Alternative methods of assessment, including, but not limited to, split-rate and land value taxation;
· Replacement alternatives to property taxation as sources of public funding, including increased sales taxes; and
· Limitations on local government revenue and expenditures.
Topics Addressed
Topics addressed at preliminary sessions of the Property Tax Reform Committee and at Legislative Hearings on Property Tax Reform convened at Panama City, Jacksonville, West Palm Beach, Fort Lauderdale and Miami, include the following ideas:
· Assess business property based on current use only, instead of “highest and best use” value.
· Cap tax revenue growth for individual local governments.
· Cap tax increases on individual properties or classes of property.
· Full or partial replacement of the property tax with other forms of taxation.
· Assess properties using a moving average value of several years’ assessments instead of using just the current year’s value.
· Simplify the “Truth in Millage” annual notice of proposed property taxes to be more easily understood by taxpayers.
· Increase the amount of homestead exemption and/or index it by percentage of value.
· Institute “portability” or transferability within Florida of the Save Our Homes cap, in whole or in part.
· Phase-out the Save Our Homes tax preference.
· Partial-year assessments of improvements to real property.
· Improve or limit agricultural use classification regulations.
· Protect homestead-related property tax benefits when property is taken for public use by eminent domain.
· Protect homestead-related property tax benefits upon relocation required by military service.
Further Proceedings
A preliminary report was issued by the Committee in December 2006. A mid-term report is due on or before March 1, 2007, and a final report no later than December 1, 2007. Ultimately, the Committee is charged with responsibility to issue recommendations to improve property taxation in Florida through a comprehensive approach, with an emphasis on simplifying the system for all taxpayers.
The responsibility with which the Committee is tasked is fraught with difficulty, since any adjustment to the current system has repercussions throughout the remainder of the property tax administration system of the State. Think of it as a water balloon; if you squeeze one side, the volume of water displaced expands the rest of the balloon. The metaphor is not exactly Archimedean, but it does give you a visual image of the problems involved.
Notably, most of the changes being considered may require a constitutional amendment before implementation. This means that the most the Legislature can do is propose constitutional amendments. After that, it will be up to the voters of the State of Florida whether the proposals will be adopted.
__________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
Eight meetings are scheduled in various locations across the state. On February 13, 2007, the Legislative Hearings on Property Tax Reform were held in Miami. The author of this blog attended, both to hear what others had to say and to put in his own two cents worth.
The Committee’s Charge
The Committee was charged with responsibility to consider, at a minimum, the following:
· Consequences of property tax exemptions and assessment differentials;
· Appropriateness, affordability and economic consequences of property taxation levels in Florida;
· Alternative methods of assessment, including, but not limited to, split-rate and land value taxation;
· Replacement alternatives to property taxation as sources of public funding, including increased sales taxes; and
· Limitations on local government revenue and expenditures.
Topics Addressed
Topics addressed at preliminary sessions of the Property Tax Reform Committee and at Legislative Hearings on Property Tax Reform convened at Panama City, Jacksonville, West Palm Beach, Fort Lauderdale and Miami, include the following ideas:
· Assess business property based on current use only, instead of “highest and best use” value.
· Cap tax revenue growth for individual local governments.
· Cap tax increases on individual properties or classes of property.
· Full or partial replacement of the property tax with other forms of taxation.
· Assess properties using a moving average value of several years’ assessments instead of using just the current year’s value.
· Simplify the “Truth in Millage” annual notice of proposed property taxes to be more easily understood by taxpayers.
· Increase the amount of homestead exemption and/or index it by percentage of value.
· Institute “portability” or transferability within Florida of the Save Our Homes cap, in whole or in part.
· Phase-out the Save Our Homes tax preference.
· Partial-year assessments of improvements to real property.
· Improve or limit agricultural use classification regulations.
· Protect homestead-related property tax benefits when property is taken for public use by eminent domain.
· Protect homestead-related property tax benefits upon relocation required by military service.
Further Proceedings
A preliminary report was issued by the Committee in December 2006. A mid-term report is due on or before March 1, 2007, and a final report no later than December 1, 2007. Ultimately, the Committee is charged with responsibility to issue recommendations to improve property taxation in Florida through a comprehensive approach, with an emphasis on simplifying the system for all taxpayers.
The responsibility with which the Committee is tasked is fraught with difficulty, since any adjustment to the current system has repercussions throughout the remainder of the property tax administration system of the State. Think of it as a water balloon; if you squeeze one side, the volume of water displaced expands the rest of the balloon. The metaphor is not exactly Archimedean, but it does give you a visual image of the problems involved.
Notably, most of the changes being considered may require a constitutional amendment before implementation. This means that the most the Legislature can do is propose constitutional amendments. After that, it will be up to the voters of the State of Florida whether the proposals will be adopted.
__________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
Thursday, January 11, 2007
Florida Property Tax News: Legislature Provides Tax Relief on Homestead Property Damaged or Destroyed by Misfortune or Calamity, Including Hurricanes
It’s an ill wind that blows no good.
--English proverb
The ill winds of Hurricane Katrina and Hurricane Wilma at least motivated the Florida Legislature to provide property tax relief to homestead residents. In rebuilding homestead property, no additional assessment valuation will be added to homestead property if the square footage is increased by 10% or less or if the building is rebuilt to 1,500 square feet or less.
This statutory amendment provides relief only where all or a portion of homestead property is damaged or destroyed by misfortune or calamity. Voluntary demolition and rebuilding not precipitated by misfortune or calamity does not qualify.
If, however, the damage or destruction of the homestead property results from misfortune or calamity, either of two circumstances will qualify for the relief provided. Because misfortune and calamity are not defined by the statute, it may safely be assumed that these terms will be applied by the courts in accordance with dictionary definitions, unless and until such definitions are narrowed by State Department of Revenue regulations.
Thus, misfortune and calamity may reasonably be understood to include fire, tornado, hurricane, flood and what are frequently referred to in legal documents and literature by the apparently faith-based terminology of “acts of God.”
Given the threshold requirement of misfortune or calamity, tax relief is provided by the Legislature under either of two separate sets of circumstances.
First, if the square footage changed or improved because of the misfortune or calamity does not exceed 110 percent of the square footage before the damage, no additional valuation will be added to the tax assessment roll for the homestead property in question.
In the alternative, and irrespective of the 110% rule, the assessed value shall not increase if the total square footage of the property after it is changed or improved does not exceed 1,500 square feet. This means that even if the house was, say, 1,000 square feet before the misfortune or calamity, rebuilding it to 1,500 square feet will not increase the taxable value. This is noteworthy from a practical standpoint, since it means even an increase of a full 50% or more in size, providing the end result measures 1,500 square feet or less, does not increase the tax base for the homestead property.
These two new statutes are also interesting from a constitutional standpoint. The Florida Constitution provides that all property must be assessed at market value, unless expressly provided otherwise in the Constitution. Market value means the amount that a willing buyer will pay to a willing seller, both fully informed as to the circumstances, and neither under duress to make the transaction.
The question that naturally arises is the following one. Will a 1,000 square foot house have the same market value as a 1,500 square foot house, all other things being equal? Clearly, the answer is no. as with many constitutional questions, this one may never be raised. Remember, legal eagles, only a person with a legally cognizable injury, otherwise known as standing, is authorized to pursue a lawsuit. Intellectual curiosity does not confer standing.
In summary, this new law provides that changes, additions, or improvements that replace all or a portion of homestead property damaged or destroyed by misfortune or calamity shall not increase the assessed value of the homestead if the square footage changed or improved does not exceed 110 percent of the square footage before the damage. Also, the assessed value shall not increase if the total square footage of the property after it is changed or improved doesn’t exceed 1,500 square feet.
The change allows for rebuilding homestead property damaged or destroyed to a total size of 1,500 square feet without any assessment increase. For such buildings the homestead property's assessed value shall be increased by the just value of that portion of the changed or improved homestead property that exceeds 1,500 square feet. That would in effect eliminate the 110 percent rule for properties of less than 1,500 square feet.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
--English proverb
The ill winds of Hurricane Katrina and Hurricane Wilma at least motivated the Florida Legislature to provide property tax relief to homestead residents. In rebuilding homestead property, no additional assessment valuation will be added to homestead property if the square footage is increased by 10% or less or if the building is rebuilt to 1,500 square feet or less.
This statutory amendment provides relief only where all or a portion of homestead property is damaged or destroyed by misfortune or calamity. Voluntary demolition and rebuilding not precipitated by misfortune or calamity does not qualify.
If, however, the damage or destruction of the homestead property results from misfortune or calamity, either of two circumstances will qualify for the relief provided. Because misfortune and calamity are not defined by the statute, it may safely be assumed that these terms will be applied by the courts in accordance with dictionary definitions, unless and until such definitions are narrowed by State Department of Revenue regulations.
Thus, misfortune and calamity may reasonably be understood to include fire, tornado, hurricane, flood and what are frequently referred to in legal documents and literature by the apparently faith-based terminology of “acts of God.”
Given the threshold requirement of misfortune or calamity, tax relief is provided by the Legislature under either of two separate sets of circumstances.
First, if the square footage changed or improved because of the misfortune or calamity does not exceed 110 percent of the square footage before the damage, no additional valuation will be added to the tax assessment roll for the homestead property in question.
In the alternative, and irrespective of the 110% rule, the assessed value shall not increase if the total square footage of the property after it is changed or improved does not exceed 1,500 square feet. This means that even if the house was, say, 1,000 square feet before the misfortune or calamity, rebuilding it to 1,500 square feet will not increase the taxable value. This is noteworthy from a practical standpoint, since it means even an increase of a full 50% or more in size, providing the end result measures 1,500 square feet or less, does not increase the tax base for the homestead property.
These two new statutes are also interesting from a constitutional standpoint. The Florida Constitution provides that all property must be assessed at market value, unless expressly provided otherwise in the Constitution. Market value means the amount that a willing buyer will pay to a willing seller, both fully informed as to the circumstances, and neither under duress to make the transaction.
The question that naturally arises is the following one. Will a 1,000 square foot house have the same market value as a 1,500 square foot house, all other things being equal? Clearly, the answer is no. as with many constitutional questions, this one may never be raised. Remember, legal eagles, only a person with a legally cognizable injury, otherwise known as standing, is authorized to pursue a lawsuit. Intellectual curiosity does not confer standing.
In summary, this new law provides that changes, additions, or improvements that replace all or a portion of homestead property damaged or destroyed by misfortune or calamity shall not increase the assessed value of the homestead if the square footage changed or improved does not exceed 110 percent of the square footage before the damage. Also, the assessed value shall not increase if the total square footage of the property after it is changed or improved doesn’t exceed 1,500 square feet.
The change allows for rebuilding homestead property damaged or destroyed to a total size of 1,500 square feet without any assessment increase. For such buildings the homestead property's assessed value shall be increased by the just value of that portion of the changed or improved homestead property that exceeds 1,500 square feet. That would in effect eliminate the 110 percent rule for properties of less than 1,500 square feet.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
FLORIDA PROPERTY TAX NEWS: TOWN HALL MEETINGS REACH SOUTH FLORIDA
Florida property taxpayers are invited to inform their state legislators of their complaints and concerns. On February 12 and 13, taxpayers have the opportunity to speak directly to state lawmakers.
On February 12, State Senate and House members will host a public hearing from 6 to 9 p.m. in Building 6 of Broward Community College's central campus at 3501 S.W. Davie Road, Davie. On February 13, also for 6 to 9 p.m., the same State Senate and House members will be at Miami-Dade College, 300 N.E. Second Ave., downtown Miami, in the Chapman Conference Center.
For details, call 850-487-5920 (not toll-free) or visit www.flsenate.gov. Click on the ''Property tax reform'' icon on the right.
____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
On February 12, State Senate and House members will host a public hearing from 6 to 9 p.m. in Building 6 of Broward Community College's central campus at 3501 S.W. Davie Road, Davie. On February 13, also for 6 to 9 p.m., the same State Senate and House members will be at Miami-Dade College, 300 N.E. Second Ave., downtown Miami, in the Chapman Conference Center.
For details, call 850-487-5920 (not toll-free) or visit www.flsenate.gov. Click on the ''Property tax reform'' icon on the right.
____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
HOMESTEAD EXEMPTION PROPERTY TAX "TRAP"
During the 2005 session of the Florida Legislature, the homestead property exemption "trap" was identified for the first time. The "trap" consists of the disincentive to relocation due to the consequences of loss of the Save Our Homes "cap" on property already owned combined with the prospect of purchasing another property, giving rise to reassessment and loss of the cap. Many residential property owners feel "trapped" in their present location since costs of the new property--even if a much smaller or much less-valuable property--exceed those of the existing property as a result of the property tax consequences.
The homestead property tax "trap" is the phenomenon which gave rise to no less than three proposals in the 2005 legislative session for "portability" in whole or in part of accumulated Save Ours Homes "cap" benefits accrued on property.
The consequences of the Amendment 10 "cap" are so extreme as a result of 12 years of application since inception that some properties, especially in South Florida, have an assessed or taxable value of less than 1/3 of the fair market value. This means that two identical homes adjacent to each other can--and sometimes do--have tax bills with a 200% variation even though their values and tax (i.e. millage) rates are identical!
Cases in point include the following.
Eileen Rennick, a widow, moved to Century Village in Deerfield Beach in 1999. She became accustomed to paying $104 a year in taxes on a one-bedroom condominium unit. But two years ago, when she moved across the street into a two-bedroom condo unit, her taxes increased by 900%, to $1,040 a year. "It's outrageous," Rennick said, adding that she would not have moved if she had been aware of the dramatic impact of the change in property taxes.
Randy Aube of Boca Raton would like to move to Broward County, but he's afraid he can't afford the taxes. He pays $4,300 a year in property tax on the house he has lived in for six years. If he moves and buys a place of similar value, his property taxes will triple to $14,000.
Aube wrote in a recent letter to State Representative Adam Hasner (R., Delray Beach), "My next-door neighbor, who bought his house a few years after I did, is paying about twice as much [in property taxes]. That just doesn't make any sense. I know this is a huge complicated problem, but if it doesn't get fixed, it's only going to get worse."
Upset about the homestead exemption property tax "trap," South Florida homeowners can address their concerns directly to state legislators of both parties at town hall-type meetings across the state in the ensuing months. Eight town hall-style hearings are scheduled. See this blog for dates and times of hearings in Fort Lauderdale and Miami during the second week of February.
The hearings will provided grist for the legislative mill in the upcoming session, which will start in March.
Newly-elected Governor Charlie Crist and many legislators want to reduce taxes people pay on their homes. They are discussing a constitutional amendment that legislators would propose and voters approve or disapprove in statewide elections to be held as early as this summer. The proposal, among other things, would double the current $25,000 homestead exemption, which lowers the assessed and taxable value of a home. Under the existing exemption, the owner of a $200,000 house pays property tax on $175,000 of that value. If such a proposal passes, the taxable value would be reduced to $150,000.
The Republican governor also wants to let homeowners take some or all of their so-called "Save Our Homes" tax savings if they move. A 13-year-old constitutional provision caps tax increases at 3 percent a year (or the cost-of-living increase, whichever is less) no matter how much the value of a home increases. But those savings are lost when a homeowner moves, and the cap doesn't apply to businesses, rental properties or vacation homes.
This month, Crist and legislators concurred on changes to cut property insurance rates. Property tax issues promise to be hinkier and more controversial.
Local government officials say tax cuts of any significance will reduce public funds avalable for local parks, salaries of police officers and firefighters and other essential public services.
Lauderdale Lakes Finance Director Larry Tibbs is among those who are worried. He says if homestead exemptions are doubled, his city alone would lose more than $1 million annually. Mr. Tibbs said, "To make up that difference, Lauderdale Lakes would have to raise the millage rate."
Consequences would be even worse for Miami-Dade County municipalities which have a stable and predominant tax base of homes owned by permanent residents. North Miami and South Miami quickly come to mind.
Governor Crist cogently suggests that local governments, which have expanded their budgets during the past several years due to swollen tax bases resulting from a booming real estate market, should pull in their belts and spend less.
"They are going to have to have a little more discipline at the local level to help the people," said Governor Crist.
Some Republican legislators joined the chorus of those calling for spending cuts by cities, counties and other taxing authorities. They say total property taxes levied at the local level ascended from $16.6 billion in 2001 to $30.4 billion in 2006, an 83.1% increase that nearly septupled the 12% population growth during the same period.
"Florida doesn't have a revenue problem. We have a spending problem,"
said Senator Mike Haridopolous (R., Indialantic), chairman of the Senate Finance and Tax Committee.
Palm Beach County resident Larry Zalkin, who serves on a county advisory board, agrees that it's time for Florida to reduce property taxes, even if it means slashing city and county budgets. "This is the ideal time to fix the situation" by sharing budget surpluses with the public which funded them, opined Mr. Zalkin.
The property tax debate is gaining momentum after fizzling during the 2005 legislative session. State legislative leadership says everything is on the table, even though House Speaker Marco Rubio insists any tax cuts be across the board and be combined with stringent spending caps for cities, counties and school districts.
"[Property tax cuts] have to help the owner of the apartment building, so that hopefully they'll pass it through to their tenant. It also has to help the owner of the laundromat or the dry-cleaning store at the corner," said Rubio (R., West Miami).
For better or worse, watch for the 2006 legislative session to study all, and implement some, of the proposals advanced by the Property Tax Reform Committee appointed last year by outgoing Governor Jeb Bush. The Committee was created by executive fiat after the 2005 session of the Legislature did little to address the property tax inequities engendered by the Save Our Homes constitutional amendment approved by Florida voters in 1994.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
The homestead property tax "trap" is the phenomenon which gave rise to no less than three proposals in the 2005 legislative session for "portability" in whole or in part of accumulated Save Ours Homes "cap" benefits accrued on property.
The consequences of the Amendment 10 "cap" are so extreme as a result of 12 years of application since inception that some properties, especially in South Florida, have an assessed or taxable value of less than 1/3 of the fair market value. This means that two identical homes adjacent to each other can--and sometimes do--have tax bills with a 200% variation even though their values and tax (i.e. millage) rates are identical!
Cases in point include the following.
Eileen Rennick, a widow, moved to Century Village in Deerfield Beach in 1999. She became accustomed to paying $104 a year in taxes on a one-bedroom condominium unit. But two years ago, when she moved across the street into a two-bedroom condo unit, her taxes increased by 900%, to $1,040 a year. "It's outrageous," Rennick said, adding that she would not have moved if she had been aware of the dramatic impact of the change in property taxes.
Randy Aube of Boca Raton would like to move to Broward County, but he's afraid he can't afford the taxes. He pays $4,300 a year in property tax on the house he has lived in for six years. If he moves and buys a place of similar value, his property taxes will triple to $14,000.
Aube wrote in a recent letter to State Representative Adam Hasner (R., Delray Beach), "My next-door neighbor, who bought his house a few years after I did, is paying about twice as much [in property taxes]. That just doesn't make any sense. I know this is a huge complicated problem, but if it doesn't get fixed, it's only going to get worse."
Upset about the homestead exemption property tax "trap," South Florida homeowners can address their concerns directly to state legislators of both parties at town hall-type meetings across the state in the ensuing months. Eight town hall-style hearings are scheduled. See this blog for dates and times of hearings in Fort Lauderdale and Miami during the second week of February.
The hearings will provided grist for the legislative mill in the upcoming session, which will start in March.
Newly-elected Governor Charlie Crist and many legislators want to reduce taxes people pay on their homes. They are discussing a constitutional amendment that legislators would propose and voters approve or disapprove in statewide elections to be held as early as this summer. The proposal, among other things, would double the current $25,000 homestead exemption, which lowers the assessed and taxable value of a home. Under the existing exemption, the owner of a $200,000 house pays property tax on $175,000 of that value. If such a proposal passes, the taxable value would be reduced to $150,000.
The Republican governor also wants to let homeowners take some or all of their so-called "Save Our Homes" tax savings if they move. A 13-year-old constitutional provision caps tax increases at 3 percent a year (or the cost-of-living increase, whichever is less) no matter how much the value of a home increases. But those savings are lost when a homeowner moves, and the cap doesn't apply to businesses, rental properties or vacation homes.
This month, Crist and legislators concurred on changes to cut property insurance rates. Property tax issues promise to be hinkier and more controversial.
Local government officials say tax cuts of any significance will reduce public funds avalable for local parks, salaries of police officers and firefighters and other essential public services.
Lauderdale Lakes Finance Director Larry Tibbs is among those who are worried. He says if homestead exemptions are doubled, his city alone would lose more than $1 million annually. Mr. Tibbs said, "To make up that difference, Lauderdale Lakes would have to raise the millage rate."
Consequences would be even worse for Miami-Dade County municipalities which have a stable and predominant tax base of homes owned by permanent residents. North Miami and South Miami quickly come to mind.
Governor Crist cogently suggests that local governments, which have expanded their budgets during the past several years due to swollen tax bases resulting from a booming real estate market, should pull in their belts and spend less.
"They are going to have to have a little more discipline at the local level to help the people," said Governor Crist.
Some Republican legislators joined the chorus of those calling for spending cuts by cities, counties and other taxing authorities. They say total property taxes levied at the local level ascended from $16.6 billion in 2001 to $30.4 billion in 2006, an 83.1% increase that nearly septupled the 12% population growth during the same period.
"Florida doesn't have a revenue problem. We have a spending problem,"
said Senator Mike Haridopolous (R., Indialantic), chairman of the Senate Finance and Tax Committee.
Palm Beach County resident Larry Zalkin, who serves on a county advisory board, agrees that it's time for Florida to reduce property taxes, even if it means slashing city and county budgets. "This is the ideal time to fix the situation" by sharing budget surpluses with the public which funded them, opined Mr. Zalkin.
The property tax debate is gaining momentum after fizzling during the 2005 legislative session. State legislative leadership says everything is on the table, even though House Speaker Marco Rubio insists any tax cuts be across the board and be combined with stringent spending caps for cities, counties and school districts.
"[Property tax cuts] have to help the owner of the apartment building, so that hopefully they'll pass it through to their tenant. It also has to help the owner of the laundromat or the dry-cleaning store at the corner," said Rubio (R., West Miami).
For better or worse, watch for the 2006 legislative session to study all, and implement some, of the proposals advanced by the Property Tax Reform Committee appointed last year by outgoing Governor Jeb Bush. The Committee was created by executive fiat after the 2005 session of the Legislature did little to address the property tax inequities engendered by the Save Our Homes constitutional amendment approved by Florida voters in 1994.
__________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
CELEBRITY PROPERTY TAX ASSESSMENT: JAMES POSEY
Ever catch a glimpse of Miami Heat forward James Posey hanging out in Coconut Grove? Ever wonder why he hangs there?
Well, for your information, he lives in the Grove. At Cloisters on the Bay Condominium, to be exact. See his tax assessment information below.
P.S. If you ever wondered who the appellate zoning attorney was who successfully defended the City of Miami's zoning approval for the Cloisters--what, you don't give a hoop? well, you're about to find out anyway--it was, drum roll, please: your own faithful blogger!
01-4121-227-0010
Property: 3471 MAIN HWY 515
Mailing Address: JAMES M POSEY JR
3471 MAIN HWY #515 MIAMI FL
33133-5929
Property Information: Primary Zone: 0100 SINGLE FAMILY RESIDENCE
CLUC: 0007 RESIDENTIAL- CONDOMINIUM
Beds/Baths: 3/3
Floors: 0
Living Units: 1
Adj Sq Footage: 5,090
Lot Size: 0 SQ FT
Year Built: 2002
Legal Description: CLOISTERS ON THE BAY CONDO UNIT 501 UNDIV 5090/152798 INT IN COMMON ELEMENTS OFF REC 20540-2365 COC 23900-2276 10 2005 1
Sale Information: Sale O/R: 23900-2276
Sale Date: 10/2005
Sale Amount: $2,170,000
Assessment Information: Year: 2006 2005
Land Value: $0 $0
Building Value: $0 $0
Market Value: $1,738,530 $1,738,530
Assessed Value: $1,738,530 $1,738,530
Total Exemptions: $0 $0
Taxable Value: $1,738,530 $1,738,530
____________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
Well, for your information, he lives in the Grove. At Cloisters on the Bay Condominium, to be exact. See his tax assessment information below.
P.S. If you ever wondered who the appellate zoning attorney was who successfully defended the City of Miami's zoning approval for the Cloisters--what, you don't give a hoop? well, you're about to find out anyway--it was, drum roll, please: your own faithful blogger!
01-4121-227-0010
Property: 3471 MAIN HWY 515
Mailing Address: JAMES M POSEY JR
3471 MAIN HWY #515 MIAMI FL
33133-5929
Property Information: Primary Zone: 0100 SINGLE FAMILY RESIDENCE
CLUC: 0007 RESIDENTIAL- CONDOMINIUM
Beds/Baths: 3/3
Floors: 0
Living Units: 1
Adj Sq Footage: 5,090
Lot Size: 0 SQ FT
Year Built: 2002
Legal Description: CLOISTERS ON THE BAY CONDO UNIT 501 UNDIV 5090/152798 INT IN COMMON ELEMENTS OFF REC 20540-2365 COC 23900-2276 10 2005 1
Sale Information: Sale O/R: 23900-2276
Sale Date: 10/2005
Sale Amount: $2,170,000
Assessment Information: Year: 2006 2005
Land Value: $0 $0
Building Value: $0 $0
Market Value: $1,738,530 $1,738,530
Assessed Value: $1,738,530 $1,738,530
Total Exemptions: $0 $0
Taxable Value: $1,738,530 $1,738,530
____________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
MARCH 1st IS FLORIDA’S FILING DEADLINE FOR AGRICULTURAL CLASSIFICATION & CHARITABLE, RELIGIOUS AND EDUCATIONAL EXEMPTIONS!
March 1 is the annual filing deadline for property tax exemption in Florida. This includes not only the homestead exemption, but also charitable, religious, educational scientific and literary exemptions, as well as agricultural classification.
Here are a few FAQs related to Florida's valuable exemptions and exceptions from full-value property taxation.
The Property Appraiser’s Office in each county administers property tax savings on properties that qualify for Florida’s exemptions. Eligible properties are those which are owned by a nonprofit entity and used exclusively or predominantly for qualifying non-profit purposes. If used exclusively for qualifying purposes, applicants otherwise eligible for exemption may find the taxes on the property wholly ELIMINATED, irrespective of its value. Note that nonprofit is not synonymous with 501 ©(3) classification under the federal Internal Revenue Code.
The two exceptions to this rule are educational and agricultural properties, which are discussed separately below.
Educational properties must be accredited educational institutions. If owned by a for-profit entity, tax savings must be passed through to the qualifying operator of the educational institution in order to be eligible for exemption. The property must be used exclusively—not just predominantly—for educational purposes in order to qualify. That said, the structure to be used for educational purposes need not yet be constructed, provided “affirmative steps have been taken to prepare the property for educational use” by January 1st of the tax year. Consult the county Property Appraiser or a property tax consultant to ascertain whether a particular property qualifies.
Agricultural classification is not an exemption but an exception to full value taxation. The benefits conferred may reduce the taxes on the property so dramatically that “ag” classification is frequently referred to as an exemption. In order to qualify, land must be used for good faith commercial agricultural purposes as of the January 1st assessment date. Because commercial use is required, nonprofit ownership is not a requirement. Again, consult the county Property Appraiser or a property tax consultant to ascertain whether a particular property qualifies.
For a more complete discussion of agricultural classification, go to your local law
library and consult Chapter 64 of Matthew Bender’s Florida Tax Service 2d, titled
“Agricultural and Other Classified Properties,” co-authored by your faithful
blogger.
To review a list of agricultural classification judicial decisions and opinions in
cases litigated by undersigned counsel,
click here.
Other special classes of property under Florida law are pollution control devices;
high-water recharge lands; conservation easements, environmentally endangered
lands, lands used for recreational or park purposes when land development
rights have been conveyed or conservation restrictions have been covenanted;
building renovations for accessibility to the physically handicapped; historic
property used for commercial or certain nonprofit purposes; historically
significant properties when development rights have been conveyed or historic
preservation restrictions have been covenanted; and mineral, oil, gas and other
subsurface rights (which are separately assessed from the other interests in
land).
The deadline for filing all applications for exemption and for agricultural
classification is March 1st each year. Bear in mind that FILING means actual
receipt by the Property Appraiser—NOT just mailing. The safest way to prove
date of filing is to hand-deliver and retain a date-stamped copy or mail with
return receipt requested.
I cannot tell you how many exemptions have been forfeited because an applicant could not prove filing of a timely application. A word to the wise is sufficient.
Finally, missing the March 1st filing deadline is no longer necessarily fatal to your claim. State regulations now provide for filing as late as August or September upon a showing of extenuating circumstances, provided that you also file a value adjustment board petition to trigger a hearing on your claim of extenuating circumstances. Consult a property tax consultant if such circumstances exist. Do not simply rely on the county Property Appraiser in such circumstances, since many are inclined simply to state that if you have not filed by March 1st, you have missed the statutory deadline. This statement, while accurate, is far from complete.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
Here are a few FAQs related to Florida's valuable exemptions and exceptions from full-value property taxation.
The Property Appraiser’s Office in each county administers property tax savings on properties that qualify for Florida’s exemptions. Eligible properties are those which are owned by a nonprofit entity and used exclusively or predominantly for qualifying non-profit purposes. If used exclusively for qualifying purposes, applicants otherwise eligible for exemption may find the taxes on the property wholly ELIMINATED, irrespective of its value. Note that nonprofit is not synonymous with 501 ©(3) classification under the federal Internal Revenue Code.
The two exceptions to this rule are educational and agricultural properties, which are discussed separately below.
Educational properties must be accredited educational institutions. If owned by a for-profit entity, tax savings must be passed through to the qualifying operator of the educational institution in order to be eligible for exemption. The property must be used exclusively—not just predominantly—for educational purposes in order to qualify. That said, the structure to be used for educational purposes need not yet be constructed, provided “affirmative steps have been taken to prepare the property for educational use” by January 1st of the tax year. Consult the county Property Appraiser or a property tax consultant to ascertain whether a particular property qualifies.
Agricultural classification is not an exemption but an exception to full value taxation. The benefits conferred may reduce the taxes on the property so dramatically that “ag” classification is frequently referred to as an exemption. In order to qualify, land must be used for good faith commercial agricultural purposes as of the January 1st assessment date. Because commercial use is required, nonprofit ownership is not a requirement. Again, consult the county Property Appraiser or a property tax consultant to ascertain whether a particular property qualifies.
For a more complete discussion of agricultural classification, go to your local law
library and consult Chapter 64 of Matthew Bender’s Florida Tax Service 2d, titled
“Agricultural and Other Classified Properties,” co-authored by your faithful
blogger.
To review a list of agricultural classification judicial decisions and opinions in
cases litigated by undersigned counsel,
click here.
Other special classes of property under Florida law are pollution control devices;
high-water recharge lands; conservation easements, environmentally endangered
lands, lands used for recreational or park purposes when land development
rights have been conveyed or conservation restrictions have been covenanted;
building renovations for accessibility to the physically handicapped; historic
property used for commercial or certain nonprofit purposes; historically
significant properties when development rights have been conveyed or historic
preservation restrictions have been covenanted; and mineral, oil, gas and other
subsurface rights (which are separately assessed from the other interests in
land).
The deadline for filing all applications for exemption and for agricultural
classification is March 1st each year. Bear in mind that FILING means actual
receipt by the Property Appraiser—NOT just mailing. The safest way to prove
date of filing is to hand-deliver and retain a date-stamped copy or mail with
return receipt requested.
I cannot tell you how many exemptions have been forfeited because an applicant could not prove filing of a timely application. A word to the wise is sufficient.
Finally, missing the March 1st filing deadline is no longer necessarily fatal to your claim. State regulations now provide for filing as late as August or September upon a showing of extenuating circumstances, provided that you also file a value adjustment board petition to trigger a hearing on your claim of extenuating circumstances. Consult a property tax consultant if such circumstances exist. Do not simply rely on the county Property Appraiser in such circumstances, since many are inclined simply to state that if you have not filed by March 1st, you have missed the statutory deadline. This statement, while accurate, is far from complete.
___________________________________________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
FLORIDA PROPERTY TAX NEWS: MARCH 1 IS HOMESTEAD EXEMPTION FILING DEADLINE!
MARCH 1st IS FLORIDA HOMESTEAD EXEMPTION DEADLINE
March 1 is the annual filing deadline for homestead property tax exemption in Florida.
Here are a few FAQs related to Florida's valuable homestead exemption from property taxation.
The Property Appraiser’s Office in each county administers property tax savings on residential properties that qualify for Florida’s $25,000 homestead exemption.
For example, if your home has an assessed value of $100,000, the homestead exemption reduces its taxable value to $75,000.
Further tax relief on homestead properties, such as up to $5,000 for qualified disabled veterans, or $500 for widows or widowers, may also apply to your residence.
An additional $25,000 exemption for qualified senior citizens is now in effect for county residents who meet an income-level eligibility.
A panoply of additional homestead-related exemptions are available to disabled veterans, those legally blind, quadriplegic, hemiplegic, paraplegic or totally and permanently disabled so as to require the use of a wheelchair for mobility. Some of these exemption wholly ELIMINATE property taxation on the residence, irrespective of its value.
Confer with your county Property Appraiser or local property tax consultant to determine whether you are eligible for any of these valuable benefits.
The deadline for all new applications for homestead and other exemptions is March 1 each year. This includes instituitional exemptions, such as charitable, religious, educational and scientific. agricultural classification applications must also be filed on or before March 1.
The Property Appraiser’s Office also administers Florida Constitution Amendment 10 — Florida’s 3% cap on qualified homestead properties.
Florida limits any increase in the assessed value of a qualified homestead property to 3 % or the Consumer Price Index, whichever is lower. The cap does not apply to commercial property. When a homestead property is sold, the value returns to market value as of the following January 1. New additions or improvements are assessed at market value on January 1 following the year of construction. Thereafter, they are included in the 3% cap.
This Save Our Homes (SOH) cap can become far more valuable over time. Some Florida homes which have been homestead-exempt since the 1995 SOH start date are now assessed at less than 50%--some significantly less tan 50%--of their market value. For owners of some luxury homes, actual tax savings may amount to $100,000 per year or more!
So don't make the mistake of thinking that the homestead exemption affords only relief against $25,000 in assessed valuation.
Any questions? Contact your County Property Appraiser. Click here for contact information.
http://dor.myflorida.com/dor/property/appraisers.html
To be sure you're doing the most you can to keep your property taxes as low as the law allows them to be, contact a Florida property tax professional, whether it's a lawyer, real estate broker, accountant or other experienced professional.
____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
March 1 is the annual filing deadline for homestead property tax exemption in Florida.
Here are a few FAQs related to Florida's valuable homestead exemption from property taxation.
The Property Appraiser’s Office in each county administers property tax savings on residential properties that qualify for Florida’s $25,000 homestead exemption.
For example, if your home has an assessed value of $100,000, the homestead exemption reduces its taxable value to $75,000.
Further tax relief on homestead properties, such as up to $5,000 for qualified disabled veterans, or $500 for widows or widowers, may also apply to your residence.
An additional $25,000 exemption for qualified senior citizens is now in effect for county residents who meet an income-level eligibility.
A panoply of additional homestead-related exemptions are available to disabled veterans, those legally blind, quadriplegic, hemiplegic, paraplegic or totally and permanently disabled so as to require the use of a wheelchair for mobility. Some of these exemption wholly ELIMINATE property taxation on the residence, irrespective of its value.
Confer with your county Property Appraiser or local property tax consultant to determine whether you are eligible for any of these valuable benefits.
The deadline for all new applications for homestead and other exemptions is March 1 each year. This includes instituitional exemptions, such as charitable, religious, educational and scientific. agricultural classification applications must also be filed on or before March 1.
The Property Appraiser’s Office also administers Florida Constitution Amendment 10 — Florida’s 3% cap on qualified homestead properties.
Florida limits any increase in the assessed value of a qualified homestead property to 3 % or the Consumer Price Index, whichever is lower. The cap does not apply to commercial property. When a homestead property is sold, the value returns to market value as of the following January 1. New additions or improvements are assessed at market value on January 1 following the year of construction. Thereafter, they are included in the 3% cap.
This Save Our Homes (SOH) cap can become far more valuable over time. Some Florida homes which have been homestead-exempt since the 1995 SOH start date are now assessed at less than 50%--some significantly less tan 50%--of their market value. For owners of some luxury homes, actual tax savings may amount to $100,000 per year or more!
So don't make the mistake of thinking that the homestead exemption affords only relief against $25,000 in assessed valuation.
Any questions? Contact your County Property Appraiser. Click here for contact information.
http://dor.myflorida.com/dor/property/appraisers.html
To be sure you're doing the most you can to keep your property taxes as low as the law allows them to be, contact a Florida property tax professional, whether it's a lawyer, real estate broker, accountant or other experienced professional.
____________________________________________________
Daniel A. Weiss is a former Attorney Special Master for the Miami-Dade County Value Adjustment Board with over 25 years property tax experience. Mr. Weiss represented the Miami-Dade County taxing authorities in litigation and appeals between 1981 and 1995 and has since represented taxpayers in property tax matters. Mr. Weiss was named one of the top lawyers in real estate, zoning and land use by South Florida Legal Guide 2007. In Florida Super Lawyers 2006, Weiss was named one of the top 6 local government lawyers in South Florida.
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.
For a free consultation regarding your property, contact us.
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