Good Corporate Citizen or Simply Paying too Much Property Taxes

Dickinson Wright
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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 really work or just a myth? It is a myth. Being a good corporate citizen does not mean that your property taxes should not be equitable. Yet, commercial and industrial property owners pay well in excess of their fair share. A review of states having equalization rates and other means to measure “inequality” in valuation, frequently, if not always, shows that commercial and industrial property owners (or large tenants, as lessees) are valued at a substantially higher uniform percent of value than residential property. Thus, the question becomes – why?  Why do commercial and industrial property owners subsidize residential and vacant land parcels? More often than not the rational is to be a “good corporate citizen.” Notably, being that good corporate citizen rarely translates into some other quantifiable benefit to the taxpayer (e.g., environmental certificate, building permit, zoning variance). To the contrary, and legally, the two are distinct and disparate.

Conversely, those taxpayers that seek equitable taxation on long-term basis often obtain that result, maintain good community relations, and put themselves into a greater or more competitive position, as their property taxes tend to be substantially lower and more reflective of market value. That is, by holding the assessor’s feet to the fire, the taxpayer experiences a greater likelihood of a long-term valuation that reflects market value. By doing so in a respectful and cooperative manner, community relations are maintained or even enhanced.
 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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