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Tax Appeals

The article provides an overview of tax appeals in the specific context of real estate, and the issues that the taxpayer will need to be aware of in order to actually pursue and be ultimately successful in the bringing of such actions.

Trying to come to terms with Tax Appeals is a task in itself, as the complex technical jargon combined with the sheer volume of paperwork which has to be waded through in order to get a result will inevitably mean that only the most dedicated of laymen will make any headway.

Tax Appeals of real estate are an especially contentious issue due to the considerable amount of work and pressure that is placed squarely on the taxpayer bringing the appeal who oftentimes, is not entirely sure as to when it is most prudent to actually initiate an appeal against their tax liability.

If the assessed value of your property is deemed to be higher than the value which the property in question could be sold for on the open market (this is known as the appraised value) then this is the primary basis upon which an appeal is and should be launched.

Often times, adverse effects on the property in question can mean that the appraisal vale is higher than it should be, as some overworked and underpaid government lackey decides to simply assess the property according to a standardised value.

One word of caution: if you do plan to launch Tax Appeals, make sure that you have your property appraised by a qualified and licensed appraiser because if the issue falls into court, the judge presiding over the case will make a determination based on the persuasiveness of the appraisers.

The following is some key issues that a person bringing a tax appeal in regards to their property need to be aware of:

  • There is an automatic prejudice against a person bringing a claim for tax appeal in regards to their property because the legal assumption is that the findings of the Assessor's Office is correct, and provides an accurate depiction of the value of the property.
  • In order for a person bringing an appeal, they will be need to provide a substantial amount of evidence detailing the precise reasons as to why the assessed value of the property so determined by the Assessor's Office is immaterially incorrect.
  • Your appeal will need to be handled and represented by a qualified and licensed appraiser, who will be required to prove to the appeal board why exactly they believe the findings of the Assessor's Office is incorrect. Furthermore, there will need to be consideration given to the decision making process involved of the Assessor's Office in the determination of the final value. In short, your appraiser will need to show how and why the Assessor's Office is incorrect.
  • If you wish to actually hear the content that will be discussed during the course of your Tax Appeals being conducted, you will need to file a "finding of facts" petition to that effect. Please note that you will be required to submit the finding of facts petition in a specified period of time. Failure to do so will mean that you actively forfeit your right.

At 'Appraisal California' we can help you with the entire process of Tax Appeals.



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