Buying an income-generating property is a smart financial investment until real estate tax bills start cutting into your returns. How can you keep more of your earnings and reduce the burden of property taxes? One way is to file a commercial property tax legal appeal.
The tax you pay is tied to your property's assessed value. However, local authorities often use mass appraisal models, which apply generic formulas that can overlook factors such as vacancy rates, deferred maintenance, or market-specific conditions. As a result, your property can be overvalued, leading to higher property taxes than what you should pay.
A commercial property tax appeal allows you to challenge the valuation. If successful, it can reduce your property’s taxable value and generate significant savings.
Commercial Property Tax Assessments
To decide the tax you pay, local governments employ assessors, who set the value for each property in your area. They then update the assessed values yearly or less frequently, depending on your state. But how do the assessors determine the value of your commercial property?
Cost approach: In this valuation method, the assessors estimate your property’s value based on the cost of rebuilding it from scratch using current construction prices. They then subtract depreciation for age and wear. They also add the land’s value separately.
Market approach: Assessors can also determine your property's value based on the selling price of similar assets in your area. To arrive at a fair market price, they adjust the estimates according to your property size, conditions, recent improvements, and location.
Income approach: Also known as the income capitalization approach, this method estimates a property’s value based on the income it generates. Assessors consider factors like rental income, vacancy rates, and operating expenses.
In most cases, commercial property taxes are deductible business expenses. That means you can write them off on your tax returns. But still, that doesn't justify overpaying.
Reasons for Appealing a Property Tax Assessment
While the grounds for a tax protest vary for each commercial property owner, there are two best reasons for a property tax appeal:
Incorrect Property Assessments
It isn’t uncommon for assessors to rely on inaccurate property information that can inflate the assessed value. So, if you’re trying to establish grounds for an appeal, start by checking whether your assessment is correct. Get a copy of your tax records and carefully examine the following:
Has your local authority correctly classified your property as the correct commercial property type?
Are the square footage and the lot size accurate?
Is the number of units listed correctly?
Does the record reflect the current condition of the building?
Sometimes, assessors overlook issues like deferred maintenance or functional problems. As a result, the assessment value may ignore your property’s actual condition and functionality, giving you solid grounds for appeal.
Market Condition Changes
Assessments are based on property values at a specific point in time. However, the market fluctuates. If your neighborhood has experienced declining property value, high vacancy rates, natural disasters, or economic shifts, the assessed value may no longer reflect market conditions.
If you can demonstrate this disconnect with credible data, such as a change in cap rate or decreased NOI, you’ll have a strong case to protest your commercial property taxes.
Preparation for a Commercial Property Tax Appeal
Once you have established that your property is overvalued, you should prepare for a successful commercial property tax appeal.
Gathering Evidence for Appeal
You’ll need reliable, factual evidence to protest your property value. The best evidence to protest property taxes includes:
Recent property sales data shows that your property is overvalued compared to similar properties in your area
Property condition reports that document deferred maintenance or functional problems to demonstrate that the assessment doesn't accurately reflect current property conditions
Income and expense reports that reveal discrepancies in the income-based valuation
A professional appraisal that differs from the assessor’s value
Photos and videos that show wear, tear, or other issues the assessment overlooked
Importance of Accurate Property Data
Accurate property data is the foundation of a successful appeal. Mistakes in square footage, year built, number of units, or lot size could weaken your case or lead to a denied appeal. Before filing a commercial property tax appeal, verify that your property records are correct and current.
Potential Disparities in Valuation
Identify valuation disparities that could strengthen your argument and improve your chances of a successful appeal.
For example, the resulting value could be too high if the assessor applied the cost approach without factoring in significant deferred maintenance. Similarly, if they used the income approach with unrealistic assumptions about rental income, your assessed value might be inflated.
Navigating the Appeals Process
While specific steps for a commercial property tax appeal vary by state, the general progression looks similar across jurisdictions.
Step 1: Informal Appeal
Most states allow commercial property owners to start with an informal appeal. It typically involves filing paperwork and evidence of overvaluation to your local assessor’s office. In many cases, informal commercial property tax appeals resolve factual errors or come to a newly agreed-upon assessed value. .
Step 2: Formal Appeal
If the informal review doesn’t result in a satisfactory adjustment, you can file for a formal appeal with a local review board or appeal panel. You’ll submit documentation, attend a hearing, and present your case.
Step 3: Commercial Property Legal Tax Appeal
If the formal appeal fails, you can file for a legal tax appeal. Depending on your state, a legal appeal involves an administrative law judge, a state tax tribunal, or even a court proceeding via arbitration.
At this stage, DIY tax appeals aren’t recommended. You’re better off with a commercial property tax appeal attorney or service.
Knowing the Deadlines
Each state has a specific deadline for filing a commercial property tax legal appeal. For instance, the deadline to protest taxes in Texas is May 15. Missing the deadline can disqualify your case for that tax year.
Thus, it's essential that you verify the timeline with your local assessor or board of review.
Required Documentation
To support your claims, you’ll need several documents:
A copy of your assessment notice
Recent comparable sales, income, and expense reports or a professional appraisal
Photos, videos, or reports showing property conditions
Any forms or disclosures required by your state
Legal Implications of a Property Tax Appeal
Filing a commercial property tax appeal can save you a lot of money. While many appeals are successful, outcomes vary based on the strength of your case, the assessor’s judgment, and your local jurisdiction. Sometimes, appeals result in no change or even an increased assessed value.
In states like Georgia, a failed appeal can trigger reassessment that can increase your property taxes. Thus, for better success rates, you should work with the experienced tax consultants at Ownwell. We understand how to navigate local rules, deadlines, valuation methods, and evidence requirements, and we can help you build a stronger case with a much better chance of a favorable outcome.
Effectively Navigate Your Commercial Property Tax Appeal Process with Ownwell
Protesting commercial property taxes involves a series of distinct and structured steps. It requires you to start on time, prepare thoroughly, gather strong evidence, understand the local processes, and follow your state’s deadline. It gets even more complex when legal steps are involved.
At Ownwell, we can shoulder some of your legal appeal burden so you can save time and get a favorable property tax reduction. We’ll handle it and guide you through every step.
Our local tax experts and proprietary tools build strong cases backed by accurate data, compelling evidence, and compliance with your local rules. You can then pay less, save more, and reduce property taxes.
Contact us today for a commercial property tax reduction!
There are no upfront costs. You only pay if you save.
