Helpful Hints When Protesting To The Appraisal Review Board
Know Your Rights
As a taxpayer that has decided to appeal the noticed value of your property to your local Appraisal Review Board (ARB), you need to know some of your rights to have a successful appeal. First, you have the right to inspect the Central Appraisal District’s (CAD) evidence before your hearing. As long as you made a request, Texas law requires that the CAD send you their evidence fourteen days before your hearing. Use this right to examine the CAD’s evidence. Additionally, there are several ways to reschedule your hearing. Arguably the most common way to reschedule a hearing for an owner with multiple properties across multiple counties is if the owner has hearings scheduled on the same day in different counties. Whichever county notified the taxpayer last on those same day hearings must reschedule their hearing. And finally, you have the right to appeal any ARB decision to litigation (or arbitration if your properties qualify) following your ARB hearing. In most cases, you will have sixty days after the ARB hearing decision was issued to file to court or an arbitrator.
Tips when in an ARB hearing
There are also things you should do in your ARB hearing that will help your appeal chances and your reputation with the county. First and foremost, prepare your case, and have evidence. If you show up at an ARB hearing without doing your homework on the property or market, you most likely will not find a sympathetic board. You need to have evidence supporting your requested value, and it should make sense. You also need to review the CAD’s evidence and come prepared to rebuff or correct their support. Second, be respectful. These hearings can get heated for taxpayers especially when their outcome may impact peoples’ jobs or livelihoods, but remember, these board members and the CAD representative are just doing the job required of them by Texas law. Stay calm and respectful at all times while still vehemently stating your case. It will help you when the board deliberates and protect your reputation in that county.
After the Hearing
After the hearing has concluded, it’s time to review your appeal. Yes, you need to examine the possibility of pursuing litigation or arbitration like we covered earlier, but you also need to evaluate what evidence worked and what did not. This is extremely helpful because you may have another hearing before this board this same year for a different property and need to rethink your strategy/valuation methods. Moreover, the members on these boards can stay around for years so you could have the same board members for several years in the future. You need to be thinking about how you can improve your appeals and make them more persuasive to those specific members.
If you have any questions about how to handle an ARB hearing successfully, please contact one of our Texas multifamily specialists today.
In Texas, Central Appraisal Districts (CADs) are in charge of determining market value for both real and personal property within their jurisdictions. They generally release these values to the public and their taxpayers at some point around May each year. These values are pivotal in the functioning of a county because they will be the basis for establishing the upcoming year’s tax rates that will help fund county and municipal functions for the next year. Despite the appearance of this role, it is important for taxpayers to understand that their local CAD does not set or control tax rates. Moreover, the CAD does not collect taxes or issue tax bills. Their sole job in the taxing process of a county is to set taxable values on taxpayers’ properties.
CAD’s Role in the Appeal Process
An important part of the CAD’s function in government is working with taxpayers each year to establish accurate values for property taxation. This is achieved when taxpayers appeal their noticed value sent by their local CAD. Once filed, these appeals can primarily end in one of three different ways; 1) the taxpayer ultimately withdraws their protest, 2) the CAD and taxpayer settle on a value for the property, or 3) the CAD and taxpayer can not agree on a value and must go to an appraisal review board to determine the value of the property. Following these appeals, the CAD will finalize any changed values into the tax roll.
CAD’s Role after Appeal Process
After the appeal season concludes, the CAD’s valuation cycle begins again for the following year. The CAD office will start collecting data on the market and start to shape its mass appraisal methodology. If you have any questions about the CAD’s role in determining your multifamily property value, please reach out to one of our Texas multifamily specialists for answers and guidance.
When taxpayers are deciding to file a protest of their noticed value, they must first come to an opinion of value. If the taxpayer’s opinion of value is less than the noticed value, it may be worth filing an appeal. However, taxpayers should be honest in their valuation approaches so as not to file a fruitless or even frivolous appeal. Examine market impacts and see if there are any sales of comparable properties near your own. You can also look at similarly situated properties and see if they are near your same value. If after you have done your due diligence and come to the unbiased opinion that your property is overvalued, you then need to consider the impact of an appeal.
Is the Reduction Significant
After you have settled on a value for your property you believe evidence supports, it is then important to analyze the impact your reduction will have on your tax liability. To roughly calculate the tax savings a successful appeal will yield, subtract your opinion of value from the noticed value. This number is the reduction to value you believe you can secure. Multiply that number by the most current tax rate used for your property and you can estimate your tax savings following a successful protest. Is it enough for you to file the appeal and potentially go to an appraisal review board hearing? If so, file that appeal right away! Otherwise, maybe just keep an eye on the value in future years and file an appeal when the property does become significantly overvalued.
That’s really all you need to do when deciding on filing a protest. Examine your market to see if an appeal can be successful, and then review the tax savings of a successful appeal so as not to waste your time for nonconsequential savings. If you need any help deciding on the success probability of an appeal or calculating your savings, please contact one of our Texas multifamily specialists today.
Protest of Taxable Value and The Impact on A Property’s Sale Price
Will filing a protest affect the sale price of a property?
Some property owners worry that reducing the taxable value of their property will ultimately hurt the potential sale price of an asset in the future. Their concern is that the taxable value of the property is evidence of the true value of the property and will result in a lower sale price following a reduction. This is not the case, and these concerns should not stop a property owner from filing an appeal of their property’s noticed value. If anything, a successful appeal will actually increase a property’s future sale price since the tax burden of the property decreased.
When a county appraisal district (or an appraisal review board) works with a taxpayer to set the market value for a property, it is with the intent of finding the value that all sides believe to be reflective of the value the asset would exchange hands on an open and free market. However, appraisal districts and appraisal review boards are often burdened with so many other properties to value that this type of appraisal is often not terribly deep or encompassing. Moreover, negotiations between taxing districts and taxpayers can skew values one way or another for the sake of settling appeals. The appraisal communities recognize and understand these types of appraisals and generally take them with a grain of salt.
Appraisals done by parties looking to sell/buy assets perform appraisals independent of appraisals done by taxing jurisdictions. The main reason for this is that these parties will typically have more information than the appraisal districts and much more time to value the individual asset. As such, they can take the appraisal to a much deeper (and in their opinion), accurate level. These separate appraisals often result in much different values.
What does this mean for owners wanting to sell their assets and appeal their property value?
Ultimately, because appraisals for taxing purposes are independent of appraisals for sales/loans, taxpayers can work to reduce their tax liability without much concern of boxing themselves into a lower sale price for an asset. If you are looking to pursue a reduction to your taxable value, please reach out to our Texas, multifamily specialists.
If you own property in Texas and have ever appealed the noticed value, you most likely have dealt with an Appraisal Review Board (ARB). These ARBs handle valuation disputes between taxpayers and Central Appraisal Districts (CADs) by holding hearings where both parties present evidence and support for their valuation. At the conclusion of these hearings, ARB board members issue a decision and can change the market value of a property if they find it appropriate. Typically, an ARB hearing will consist of three to five board members from a larger pool of active members that varies in size depending on the size of the county.
Selection of ARB Members
Now that we understand the role an ARB plays in setting property values, the question that often seems to pop up in peoples’ minds is “who are these ARB members and how are they chosen to sit on the board”? This is an important question which is easily answered. For starters, there are no special requirements for ARB members to be on the board other than they must be a resident of the appraisal district for two or more years before taking office. This requirement is universal throughout all of Texas. While there are certain rules that restrict an individual serving on the ARB panel, they primarily depend upon conflicts of interests from serving rather than the potential board member’s knowledge or experience in appraisal work. However, who gets to choose and approve these members depends on the population of a county. If a county has a population of 120,000 or more, ARB members are appointed by the local administrative district judge. Alternatively, if a county has a population of less than 120,000, the board of directors for that county appoints the ARB members.
If you have any more questions about your local ARB board and its operations, please contact one of our Texas multifamily property specialists today for information.
What is the difference between the tax rate and the taxable value?
Who Exactly is Taxing You?
To accurately determine your property taxes, you need to identify each taxing jurisdiction for your property. There are typically several entities that will be taxing your property, and they are listed on last year’s property tax bill(s). Once you locate that list, you can confirm by reviewing the current year’s notice of proposed value. Typically, the notice of proposed value will list the taxing entities along with the estimated tax rates, possibly answering two of your questions at once.
It is also important to note that the taxable value and tax rate work together, but are very different pieces of information. The taxable value is the value that has been determined for your property as the basis for taxation. The tax rate is multiplied with your taxable value to determine the tax bill owed.
Where do I go to find out my tax rates?
Once you have identified the taxing entities, it is now time to locate their current tax rate. If you are determining the 2021 tax bill from the 2021 valuation, you will need to find the 2021 tax rates. Most of these rates are set in August or September, right before the tax bills are sent to taxpayers. The Central Appraisal District does not set the tax rates, but many times they will put the tax rates on their websites in an attempt to help taxpayers know who is taxing them and their estimated taxes.
For example, when reviewing the Dallas CAD website (dallascad.org) you can select “Search Appraisals” on the left-hand column. Then you can search for your property by owner name, account number, street address, etc. Once you have located your property, you can scroll down to the Estimated Taxes section, which lists the taxing entities and their tax rates. It is stated that those rates are estimates, so you should further confirm those tax rates.
Is there a second way to confirm my tax rates?
The Tax Assessor/Collector is responsible for issuing property tax statements. Their websites should have a list available for each jurisdiction and the associated property tax rate. The Dallas County Tax Assessor/Collector (dallascounty.org/departments/tax) has a link on the left-hand side titled “Tax Rates.” Click there to see the rates that are available, and you can even see the rates from a few previous years. If the current year tax rate is not yet available, then it likely has not been set or published yet. Continue to check back periodically during the fall until it is published.
What if I still need help?
Each Texas county uses a different process to find property tax rates. This article provides general information that has worked in many counties and is a great starting point when searching for your tax rates. If you need more specific help, or have detailed questions, please reach out to the experts at Wayfinder today.
The property tax world can be a complicated nightmare for many multifamily property owners in Texas. There are just so many variables and factors that need to be considered following a fair valuation of a property that it can be painfully confusing. Often, even the most diligent owners are ignorant of most of these factors and require guidance to navigate the appeal system. Some tax agents take advantage of this (reasonable!) ignorance and seek to twist it to their advantage. They will make promises they never intend to keep, blame others for their poor performance, and treat clients like a number while charging high rates. This is not fair to the taxpayer and should not be accepted as the status quo.
How to identify when you’re being taken advantage of by your agent
The good news here is that it’s fairly simple to spot the bad agents in these scenarios when you take a closer look. They usually are radio silent until they need something from you, and they typically avoid responsibility for most issues. If you want to test your agent, ask how your portfolio looks this tax year, or simply ask them when was the last time they saw your properties they represent. If it wasn’t at least within the past 12 months, there is a good chance you are being treated as just a number by your tax agent, and it may be time to make a switch. The same can be said if you never hear from your agent, or it takes them an unreasonable amount of time to get back to you. You pay them to help you through this process; they need to be available to you. Paying a premium for a service is great so long as you are also getting premium value in return.
What to do if you are being taken advantage of?
Leave your tax agent! Why would you settle for being insignificant to a person or group that you depend on for guidance and help? These properties are important to you, and they should be important to your agent as well. I promise you there are agents out there that will treat your properties as if they were their own. If you notice the described red-flag attitudes in your tax agent, make the switch.
If you have any questions about what to expect from a quality tax agent who cares about you and your properties, please contact one of our Texas multifamily specialists today.
Tax Bills are Made up from Many Taxing Jurisdictions
Should I Blame the Central Appraisal District?
When Texas property tax bills come out in October, your first response may be that they are too high. Property owners want to blame the Central Appraisal District (CAD), the entity that sets their property values. In this case, the CAD is innocent of the blame. While the CAD does set property values, they are not part of setting the tax rates, nor do they determine the ultimate tax bill. In fact, it is usually the Tax Assessor/Collector who issues the property tax bill.
Who Determines the Property Tax Rates?
Local jurisdictions such as independent school districts, colleges, hospitals, cities, and the county all need tax revenue to operate. Each year they submit their budgets for review and approval. Based on their budget, and the values of properties in their taxable areas, tax rates are determined so they can collect the amounts needed for their budgets. While the actual process can be more complicated, this can be illustrated quite simply using the following formula:
If a jurisdiction needs $1,000,000 and your taxable value is $250,000,000, then your tax rate would be $1,000,000 ÷ $250,000,000 = 0.4%.
Can I Do Anything About the Tax Rates?
Truth-in-Taxation requires that notices are published regarding public hearings about proposed budgets and tax rates. It is at these meetings that taxpayers can voice their concerns and seek that the proposed budget be denied. In cases where the tax rate increase is excessive, the increase will be placed on the ballot for voters to approve or deny. By exercising your right to vote, you can have an impact on whether certain tax rate increases are approved or denied.
I’ve Done Everything Right but the Taxes Still Went Up!
Sometimes you do all that you can to be heard, but the result is that tax rates–and your value!–still increases. This will cause your property tax bill to increase. Once valuations and tax rates are set, the tax bill needs to be paid. Each year you are given an opportunity to protest the noticed value of your property. If you are not reviewing your valuation and protesting when appropriate, you are missing at least one way of keeping your property tax bill lower.
As a multifamily property owner in Texas, you have most likely received a “Notice of Proposed Value” from your local county appraisal office and wondered whether to appeal that value. If you have never appealed this value, you may be unaware of the benefits that a successful (and even an unsuccessful!) appeal may bring.
The Impact on Your Relationship with the CAD
If successful, an appeal will result in lowering a property’s taxable value. This means tax savings for the owner. But even if your appeal is unsuccessful, just by filing it you will have had the opportunity to learn more about your county’s appeal process and build a relationship with your Central Appraisal District (CAD). Building this relationship can be invaluable in later years/appeals.
YOUR Impact on the Community.
In the multifamily industry, tax savings are often passed along to multiple parties; owners may see a healthier bottom line while tenants may see improved amenities and accommodations. However, there are also benefits to owners of different properties. By lowering the taxable value of your property, it may provide evidence for another owner of a comparable property to help lower their taxable value. Thus, the benefits that your property and tenants receive may also be possible for others in your market. Besides improving the lives of those in your communities, the beauty of this type of relationship is that this initial reduction may fuel tax savings for years to come because now the whole market has a lower taxable value. Upward movements in values will be offset by lower starting values.
And those are the two main impacts your appeal could have on both you and your properties, as well as the communities you serve. The next time you believe your property is overvalued by your local CAD, remember that the impacts your appeal can have are far reaching and helpful to all. If you have any questions about pursuing a valuation appeal for your Texas multifamily property, please contact our team of specialists today!
Every year, multifamily property owners receive a proposed notice of value for the properties they own. Left unappealed, this proposed noticed value will become the taxable value of their property for the current tax year. Many owners ignore these notices or simply approach it indifferently. They often ask, “Why should I file a protest of this value?” When examined, there are multiple reasons to file a protest of your proposed value.
Tax Savings can Benefit Multiple Parties
This is the most obvious and impactful reason owners should appeal their noticed values. By reducing the taxable values of their property, they can directly lower their property tax bills dues later in the year. The savings generated from these reductions can mean owners are able to improve the assets they currently occupy, or potentially acquire new ones. Never forget, the service multifamily property owners provide their communities is extremely important. Oftentimes, benefits that property owners receive work their way into the public in some form or fashion (be it new amenities, updated units, etc.). The benefits following tax savings are significant and far reaching for more than just the property owner.
Taxing Entities are Held Accountable
Central Appraisal Districts (CADs) are in charge of setting the value for properties within their counties. They have the difficult job of valuing every property in their county annually. This is impossible without something called “mass appraisal”. Mass appraisal is a way of valuing large groups of properties by applying common multipliers or factors to some individual characteristics of a property. However, the problem with this methodology is that it cannot account for factors plaguing individual properties. This is where the owners and agents of a property are able to help CADs accurately value a property. By sharing specific factors that impact your properties’ values, you can provide insight to the CAD that may impact not only your valuation, but other properties’ values. It helps taxing entities be more accurate.
Your Rights can be Exercised
Finally, appealing is a right afforded to you by the Constitution and laws of the land. Texans are big on believing their government should be working for them, not the other way around. If nothing else, your appeal will be a signal that due process in the Lone Star State is strong and present.
If you have any other questions as to why you should annually appeal your property valuation, please reach out to the specialists within our office.