Property Tax Time Again!
Its property
tax time again!
TRIM Notices
If they
haven’t done so already, all property appraiser offices around the State of Florida will
be sending out their Truth in Millage (TRIM) Notices in the next few days. TRIM Notices of course are the process by
which each county property appraiser’s office informs taxpayers about their proposed
ad valorem (property) taxes. TRIM
Notices are otherwise known to most of us as our “Notice of Proposed Property
Taxes”.
Many property owners simply ignore their TRIM Notice. If you are one of the many and ignore your
taxes until November you will lose your right to file an appeal of the
valuation of your property. Therefore it is very important for all of use to
review our TRIM Notices just to be sure nothing out of the ordinary. In the event you do feel like the listed
market value of your property is out of line, you must act before the deadline which
should be noted at the bottom of your TRIM Notice.
Be forewarned. For the normal everyday homeowner, it is not usually
cost effective or practical to contact an attorney to contest your proposed
property taxes. Thus, in more cases than
not, a homeowner will be left to argue with the property appraiser’s office by
himself. Conversely, with many
commercial and industrial properties the dollar amounts are far greater and it
makes a lot of sense to contact an attorney with experience in dealing with the property appraiser’s office.
Informal Meeting
The first step in contesting your
valuation normally consists of scheduling an informal meeting with the property
appraiser. However, given the fact there
is precious little time between issuance of TRIM Notices and the deadline to
file an appeal, you must act fast in order to schedule a meeting before the
appeal deadline. When you call to
schedule a meeting, you should always request a copy of any and all documents
which the property appraiser has prepared, or has relied on in setting your
valuation. Obtain this material as soon
as possible, as this will give you guidance as to where you can focus your
request for a reduction.
The next step is to either hire someone
or do your own research in order to document a lower valuation. Surprisingly
enough, if you have done your homework and can provide the property appraiser
with appropriate documentation to substantiate an incorrect valuation, it is
not unheard of to reach an agreement reducing your valuation. The key to a productive meeting with the
property appraiser is providing documentation to support a reduction in your
valuation. Without adequate
documentation you stand little or no chance of success.
In the event you are unable to schedule
an informal meeting prior to the deadline cited on your TRIM Notice, it is
absolutely imperative you file an appeal before your informal meeting. This create a placeholder for your claim and
preserves your rights in the event you cannot reach an agreement at your
informal meeting. You can always
withdraw your petition after your informal meeting if need be.
VAB Appeal
If
you were not able to reach an agreement with the property appraiser, your next
step is to pursue your petition with the value adjustment board (VAB). This is of course, assuming you have already
done your homework and can document an incorrect valuation of your property. If
you can’t provide documentary proof the property appraiser is wrong, you are
simply wasting your time. Petition forms
are usually available from the Clerk of the Court website or the property
appraiser office. Again, deadlines for
filing petitions are usually set forth on the TRIM Notices with the deadline
being the 25th day after the property appraiser mails the TRIM Notice. You are permitted to be represented by an
attorney at your VAB hearing, but it is not required.
Parenthetically,
there is always the option of filing a lawsuit in circuit court, however, that
option really only makes financial sense for very few property owners. In the vast majority of instances, going to
the VAB is the only practical option.
The
VAB is a five member quasi judicial board with two county commissioners, a
school board member and two appointed citizens.
In most counties, your hearing will be scheduled in front of a Special
Magistrate rather than the VAB itself.
Special Magistrates are hired by the VAB to conduct the hearing and
provide recommended orders to the VAB.
Prior
to the VAB hearing, there is a mandatory exchange of evidence so again, you
must have spent the time doing your homework and have the ability to document a
reduced valuation.
On
the day of the hearing, the Special Magistrate will probably begin by going
over the rules. Petitioner then goes
first presenting his case, followed by the Property Appraiser, and Petitioner
then gets a final chance to reply. Plan
on having all witnesses attend and testify at the hearing as frequently you
find affidavits, letters and other extraneous documents will not be admitted in
to evidence without being authenticated by live testimony.
At
the conclusion of the hearing, the Special Magistrate will normally not render
his decision verbally, but will issue a written recommended order to the VAB
shortly thereafter. You will be copied
on everything that issued by the Special Magistrate or the VAB. In the vast, vast majority of cases, the VAB
will simply rubber stamp the Special Magistrates recommended order. After all, that is what the VAB is paying him
to do. If you do not prevail in the VAB
appeal, you always have the right to appeal that decision to the circuit
court. But again, going to the circuit
court in pursuit of a VAB appeal really only makes sense in a very few limited
circumstances, as there is no means to recover attorneys fees incurred to
contesting your property valuation.
Conclusion
If it isn’t apparent above, the key to succeeding in contesting
your TRIM Notice (whether it be at an informal meeting, a VAB appeal or in
circuit court) is to be able to adequately document an incorrect
valuation. Without the appropriate
documentation to support your claims you might as well forget about contesting
you tax assessment. With the right
documentation however, it might just be worth your time.
