News & Analysis as of

Tax Assessment

No Gifts in Proposed Partnership Audit Regulations

by Pepper Hamilton LLP on

New partnership audit and collection regime rules will soon go into effect, defining who can elect out and enabling the Internal Revenue Service to assess taxes directly against the partnerships it audits. Originally...more

What Happened to Functional Obsolescence in Assessment Valuations

by Dickinson Wright on

If you own property that is assessed by the cost approach, you likely found out that the only obsolescence deducted was physical depreciation. Yet, it is fundamental that to reach market value by the cost approach, the...more

Real World Results of the PA Valley Forge Reverse Tax Appeal Decision

by Reed Smith on

In early July 2017, in a case titled Valley Forge Towers Apartments N, LP, et al. v. Upper Merion Area School District & Keystone Realty Advisors, LLC, No. 49 MAP 2016, the Pennsylvania Supreme Court delivered a landmark...more

Deadline Approaches for Phila. Tax Appeals – Increased Assessments & Potential for School District Appeals

by Ballard Spahr LLP on

The Philadelphia Office of Property Assessment (OPA) has reviewed the assessed values of all commercial and industrial real estate in Philadelphia, and earlier this year, many owners of commercial and industrial real estate...more

Beware of the Overstated Service Life in the Cost Approach

by Dickinson Wright on

The cost approach requires the identity and quantification of three types of obsolescence – physical, functional and economic. Assessors frequently account only for physical depreciation (although some assessors/appraisers...more

Recent Tax Court Decision in Crestek – a Cautionary Tale for U.S. Companies with Foreign Subsidiaries

by Fenwick & West LLP on

In a ruling with tax implications for U.S. corporations with foreign subsidiaries, the U.S. Tax Court has held that transactions between a U.S. parent company and its controlled foreign corporations constitute “United States...more

Condemnation Risk Planning: Denial Is Not A Strategy

In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

Appellate Court Overrules PTAB Decision Involving Manufactured Home

by Franczek Radelet P.C. on

The Illinois Appellate Court recently reversed a decision of the Illinois Property Tax Appeal Board (PTAB) involving the taxation of a mobile home in Jones v. State Property Tax Appeal Board. While the opinion addresses a...more

Education Week Article Examines Harmful Revenue Impact of Property Tax Appeals

by Franczek Radelet P.C. on

A recent article in Education Week has caught the attention of many local educators. The article, available here, discusses a national trend in property tax assessment appeals that can have devastating effects on school...more

NC Announces Assessment Reappraisal Counties

by Fox Rothschild LLP on

NC has announced that the following counties will begin the tax reassessment appraisal process of real properties in January 2018:-...more

Florida Property Owners: The Notice Of Proposed Property Taxes From Your County Property Appraiser-Beware Of Deadline For Appeal

by Roetzel & Andress on

What to Do with the Notice - Immediately open the Notice of Proposed Property Taxes and examine its contents for accuracy. The Notice contains column headings which include: - Taxing Authority - Your Property Taxes...more

Good Corporate Citizen or Simply Paying too Much Property Taxes

by Dickinson Wright on

Notwithstanding that property taxes tend to be one of the more significant operating expenses for commercial property owners, applying the “good corporate citizen” rational, many fail to challenge their assessments. Does that...more

ATTENTION PROPERTY OWNERS: Your 2017 Property Tax Notices Have Been Mailed To You!

By now, all 67 Property Appraisers in Florida have finalized the 2017 valuations for property taxes. Truth in Millage (TRIM) notices have been sent to all property owners, so these notices have either been received or will be...more

New Partnership Audit Regime Set to Take Effect in 2018, Proactive Planning Recommended

On November 2, 2015, Congress passed the new centralized partnership audit regime as part of the Bipartisan Budget Act of 2015 (BBA) which is set to take effect for the tax years beginning on or after January 1, 2018. The...more

California State Board of Equalization Gutted

The Taxpayer Transparency and Fairness Act of 2017 - Established by the California Constitution in 1879, the California State Board of Equalization (the “BOE”) has been the agency charged with administering most of the...more

PA Supreme Court Rules On School District Tax Appeals

by Fox Rothschild LLP on

In a recent Supreme Court of Pennsylvania case, captioned as Valley Forge Towers, taxpayer brought an action against the school district, as a taxing district, seeking declaratory and injunctive relief claiming that the...more

SCORE! for the Boston Bruins – Jacobs v. Commissioner

Like Napolean recognizing that an army marches on its stomach, the owners of the Boston Bruins know a hockey team needs to be well-fed to ensure optimal performance on game day. So, when the Bruins go on the road to play...more

NJ Adopts “Property Taxpayer Bill Of Rights”

by Fox Rothschild LLP on

New Jersey has adopted a “property taxpayer bill of rights” seeking to assist property owners with the real estate assessment process. New Jersey has one of the nation’s highest property taxes....more

Provider Taxes: The Battle over Medicare's Treatment Continues

by Baker Ober Health Law on

For the better part of a decade, hospitals and CMS have fought over the extent to which hospitals may claim as reasonable costs the provider tax assessments levied on them by the individual states in which they operate. In...more

Pennsylvania Court Provides Commercial Property Owners With Defense to Tax Assessment Appeals

by Pepper Hamilton LLP on

On July 5, the Pennsylvania Supreme Court issued a unanimous decision confirming that all real estate in a taxing district is a single class (i.e., not subject to sub-classifications based on property type, such as...more

2016 Cook County Property Tax Assessment Trends

by Franczek Radelet P.C. on

For the past eight years, Franczek Radelet has tracked property tax assessment data obtained from the Cook County Assessor's Office. Our data set begins in tax year 2009 when the classification ordinance was amended to...more

German Constitutional Court Held Parts of Loss Forfeiture Rules are Unconstitutional

by Jones Day on

The German Constitutional Court held that a provision of the loss forfeiture rules, in effect from January 1, 2008, through December 31, 2015, is unconstitutional. The provision stipulates a proportional forfeiture of current...more

PA Supreme Court Prohibits Taxing Jurisdictions from Specifically Targeting Commercial Properties for Reverse Assessment Appeals

by Reed Smith on

In a landmark decision, the Pennsylvania Supreme Court reversed lower court decisions affirming the ability of taxing jurisdictions in Pennsylvania to solely target high-value commercial properties for “reverse” tax appeals....more

Pennsylvania Supreme Court Rules That Constitution Prohibits School Districts from Engaging in Selective Tax Appeals

by Blank Rome LLP on

Action Item: This alert examines the recent Pennsylvania Supreme Court decision in Valley Forge Towers Apartments v. Upper Merion School District, which held that a school district may not selectively appeal the assessments...more

Reverse Property Assessment Appeals: Commercial Properties Owners Have a Friend in the Pennsylvania Supreme Court

by Reed Smith on

In a landmark case titled Valley Forge Towers Apartments N, LP, et al. v. Upper Merion Area School District & Keystone Realty Advisors, LLC, No. 49 MAP 2016, issued July 5, 2017, the Pennsylvania Supreme Court (the “Court”)...more

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