1.

COVID has adversely impacted property values significantly nationwide, with Moody’s reporting a 7.2% drop in commercial values nationwide since pre-COVID.

2.

Although a property tax appeal can be based on a number of claims, such as tax classification or exemption, the primary claim is that the equalized property assessment exceeds the fair market value of the property, and therefore, the resulting taxes are too high.

3.

Income-producing commercial properties are particularly impacted, such as retail, office and hospitality, but others are impacted as well, including multi-family, health services and industrial.

4.

Now is the time to review a property’s assessment to determine if it is a good case for an appeal.

5.

Deadlines vary by state and each state has its own procedures that must be followed. But it is never too early for an attorney to review a property tax assessment.

6.

While each state has its own specific tax appeal process, most allow for an informal process of negotiating with the assessor early, followed by a formal process of county board review and/or state tax court.

7.

There are three primary ways to value property – the COST approach, the COMPARABLE SALES approach and the INCOME approach.

8.

The time to review tax impacts is at the time of a transactions, such as sales and purchases, foreclosure or other events, when the current value may be derived, such as appraisals for refinancing or estate purposes.

9.

Those involved in real estate transactions – especially sales and leases – should always make sure to address each party’s rights to contest the property value and receive any refunds for prior appeals.

10.

Practice pointer: Attorneys who represent trustees, lenders, developers, receivers and others should consider property tax review as part of their advice to their clients.