Appealing Through Your District Court
You have the right to appeal within 60 days of receiving the ARBs decision. Before you decide to appeal through your district court, its important to determine if the tax savings you would receive would make up for any legal costs associated with your appeal.
If you choose to appeal, you would do so through the state district court in the county where your property is located. Even though you are appealing the ARBs decision, you will still need to make a partial payment of your property taxes. Typically, this payment would cover the undisputed portion of the amount.
If you arent financially able to prepay your taxes, you could request the court to excuse you from doing so. You would need to file an oath saying that you are financially unable or that prepaying your taxes would hinder your ability to go to court for your protest. In this case, the court would determine the terms and conditions of your payment.
During your appeal, you may request a resolution by a jury, a judge, or through arbitration. You may also request to have settlement discussions prior to your trial date.
Appealing Through Binding Arbitration
You may be eligible to appeal through binding arbitration if your property is a residential homestead and if it has an appraised value of $5 million or less. If you appeal through binding arbitration, you must use the Comptrollers Request for Binding Arbitration form to file your request with your county appraisal district no later than 60 days after you receive notice of the ARBs decision.
You will also need to include a deposit, which varies from $450 to $1,550, depending on your propertys appraised value. The deposit amounts are listed on the form, and the Comptrollers office will reserve $50 for their fee.
If the Comptrollers office approves your request, it will appoint an arbitrator to handle your case. You may request an arbitrator who is from your county, but you may not request a specific arbitrator. The arbitrator will provide a decision within 20 days.
If the amount in the arbitrators decision is closer to the ARBs assessed value or halfway between the ARBs assessed value and what you have determined is your propertys assessed value, the arbitrators fee will be taken from your deposit. If the decision is closer to your suggested assessed value, the county appraisal district will pay the arbitrators fee. The comptrollers office will then refund your deposit, with the exception of its $50 fee.
What Happens After I File My Notice Of Protest
After filing your protest, you will receive written notice of the date, time, place and subject matter for a formal hearing with the ARB. You may request an informal conference with the appraisal district to try to resolve your protest before the ARB hearing. If you are not able to resolve your protest informally, you can continue your protest to the ARB.
At the formal hearing, the ARB listens to both the taxpayer and the chief appraiser. You may discuss your objections about your property value, exemptions and special appraisal in a hearing with the ARB. The ARB’s decisions are binding only for the tax year in question.
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Reasons To Protest Property Taxes In Texas: When Should You Appeal
Texans may file an appeal or formal protest of their assessed property taxes with the appraisal review board in the county where the real estate is located. Objections can be filed for several reasons, including changes in the property’s fair market value or in response to inflated appraisals, particularly when compared to similar properties in the area.
Appeals can also be initiated in response to the denial of specific exemptions, for agricultural or timber appraisals, when theres been no notification of changes in property value, or when there have been significant changes to a property’s intended use.
Such protests are to be filed by the property owner of record as of January 1 of the tax year. In cases of leased properties where the lessee pays the annual property taxes, the lessee may file an appeal if the property owner chooses not to.
Before filing a protest, any assessed property taxes must be paid in full. Filing an appeal does not relieve property owners from their liability, nor will it prevent the accrual of penalties and interest should taxes become delinquent.
What To Do If You Receive A Proposed Assessment
In accordance with O.C.G.A. § 48-2-46, a taxpayer is entitled to protest their Proposed Assessment within 30 days of the date printed on the on Notice of Proposed Assessment.
- The Department will grant a taxpayers protest only when there is a dispute as to the amount due on the Notice of Proposed Assessment. Inability to pay is not a reason to protest.
- A request for a penalty waiver will not stop the assessment process.
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Want Lower Property Taxes A Step
May 8, 2022
Photo by Kaylee Greenlee Beal | @kgreenleephoto | Heron contributor
| @RWebner | Heron contributor
Last year, the Bexar Appraisal District received a record 141,000 protests against its valuations of properties in Bexar County. With the average home appraisal surging by 23.2 percent this year, the district is expecting to handle even more protests, said Rogelio Sandoval, the assistant chief appraiser.
Just what the markets been doing this last year has been something that nobody had foreseen coming, Sandoval said. That alone is going to be increasing protest numbers throughout the state.
The appraisal process is confusing, and often even frightening, to local homeowners who worry about how theyre going to pay their tax bills, so the Heron is providing a step-by-step explanation of how it works, with input from Sandoval and Michael Amezquita, the chief appraiser.
The advice I would give homeowners is, lets just have a discussion, Sandoval said. Let my staff explain to you, first of all, how we arrived at your valuation Once weve established how we arrived at your market value, then you say, Now lets talk about my house. Let me show you whats wrong with my house. And if I were to put it on the market, I dont think I would get what you guys are appraising it at.
Here are the steps in the process:
If You Dont Accept The Arbs Decision Protest It Through Binding Arbitration Or District Court
After the ARB makes its decision, the property owner has 60 days to decide whether to continue the protest through binding arbitration or through District Court, Sandoval said.
The bottom line is, theres very few homeowners who have the wherewithal, or a big enough problem to take the matter to court, because thats going to require an attorney, said Mike Amezquita, the districts chief appraiser. As far as the binding arbitration goes, you know, its kind of a loser-pay scenario.
If the property owner chooses the binding arbitration route, the Texas Comptrollers Office will assign an arbiter. The owner will typically be charged a $500 filing fee, Amezquita said. They can recoup most of that if the case is decided in their favor.
Once that arbiter makes a decision, that is binding, he said. Literally the law says, whoevers value the arbiter rules in favor of to the closest dollar amount, whether its the plaintiffs value, or the appraisal districts value, which would be the value that was set by the ARB at the end of that hearing, prevails.
The property owner has the choice, then, to appeal the District Courts decision, all the way to the Texas Supreme Courtbut thats rare for residential properties.
Another resource
Richard Webner is a freelance journalist covering Austin and San Antonio, and a former San Antonio Express-News business reporter. Follow him at @RWebner on Twitter
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“So if you go take photos of condition issues with your house and get repair estimates from a contractor that things need to be fixed up and the house is devalued and not in great condition then those are things the appraisal district can use to justify a reduction in your value,” Crouch said.
Crouch also suggested you request evidence the tax appraisal district will use against you so you can research it and argue against it.
You should ask a realtor for comps in your area to do your own comparisons.
Also, appeal hearings are public. Go observe a hearing so you know what to expect before you are in front of the board.
A little effort could pay off in the long run.
“Do it in the most respectful, data-driven, data-supported way you can and if you take that approach you can win, and believe it or not the success rate is higher than you might think if you take the right steps,” Crouch said.
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Attend Your Scheduled Hearing Or Appraisal
Next, attend your scheduled hearing or make yourself available for an in-person appraisal. This is only necessary if your appeal isnt resolved to your satisfaction or if the people considering the appeal decide they need more information to reach a conclusion.
Keep in mind that some jurisdictions hold open book meetings before accepting formal appeals, so its possible youll have an informal hearing and possibly resolve your complaint before you even complete step six.
During a formal hearing, youll present all the evidence youve gathered and make your case for why your property taxes should be reduced by the amount youve proposed. If you dont feel confident doing this in front of someone who decides such matters for a living, consider retaining an attorney.
Hearings notwithstanding, many jurisdictions require in-person inspections before adjusting property tax assessments. Your inspection will likely occur after your hearing. Make sure youre available for the entire length of the inspection, which should take anywhere from one to three hours.
Following the hearing and inspection, youll receive notice of the assessing authoritys decision by mail or secure electronic message.
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Appear Before Appraisal Review Board
At least 14 days before your protest hearing you will receive a packet of information that includes a description of the ARBs procedures. Read and follow them carefully. Arrive early for your hearing. And when its your turn stick to the facts.
Tip: Appraisal Review Board Meetings are public. Find out their schedule and attend one in advance to give you a better idea how the process works.
The only thing ARB members can consider is the valuation of your property. The following have no bearing on your case:
How Will I Know If My Appraisal Value Has Increased
If the appraisal district appraises your property at a higher amount than in the previous year, they are required to send a notice of appraised value by May 1, or by April 1 if your property is a residence homestead, or as soon as practical thereafter.
The notice of appraised value includes information on how to file a protest.
The notice will also include information about how to schedule an informal conference with the appraisal district prior to your formal Appraisal Review Board hearing.
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Check Your Property Tax Assessors Website
Property tax appeal procedures vary from jurisdiction to jurisdiction. As soon as you receive your proposed property tax notification, check your municipal or county tax assessors website to learn what you need to do next. The website should be clearly marked on your notification letter.
When you visit the site, note:
- Protest and appeal deadlines
- Phone numbers to call for pre-appeal consultations
- Locations, open hours, and dates for in-person hearings
- Acceptable forms of documentation and evidence supporting your claim
Many jurisdictions also include review and appeal instructions on proposed property tax notifications directly. These notifications are often sent late in the year before new rates go into effect. Your proposed property tax notification will include an appeal deadline, which can be as little as 30 to 45 days after you receive the notification but may be longer
Collect Documentary Evidence To Support Your Claim
Check Zillow or another reliable source for recently sold homes in your neighborhood. Go back 12 to 24 months. Look for recent sales as nearby to your property as possible and as similar in size and construction. Wide gaps between their sale prices and your assessed value are red flags that warrant further investigation. Print or bookmark relevant listings.
Next, use your municipality or countys interactive property records tool to compare nearby properties assessed values against your own. Look beyond recent sales to comparable homes that have been in the same hands for a while. These homes should have the same bedroom and bathroom counts and lot sizes, if possible.
If comparable homes assessed values are significantly lower than yours, thats another red flag. Again, print or bookmark relevant listings for later use.
Next, dig back through your city or countys building permit records for information about significant home improvement projects, renovations, or additions completed by the current or previous owner. Review the assessing authoritys value-add estimates for each project.
Compare these estimates to generally accepted value-adds for such projects, noting any major discrepancies. Opendoor.com has a basic home improvement calculator that accounts for regional variation in remodeling costs and resale outcomes.
Document these issues with photos and maintenance records.
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Consider Hiring An Appraiser
Not sure where to start to uncover all this info? Think about hiring a licensed real estate appraiser or property tax appeal service. These pros can put together an official report that includes an expert opinion of your property value.
Just keep this in mind: If your appeal proceeds to court, your appraiser will likely be required to testify, DellaPelle says. And the appraisal report may not be considered legit unless the appraisers available to testify, so choose someone local that you trust.
What Is An Arb
An ARB is a group of citizens authorized to resolve disputes between taxpayers and the appraisal district. The ARB hears taxpayer protests. The ARB also hears issues that a taxing unit may challenge about the appraisal district’s actions.
ARB hearings begin around May 1. The ARB should complete most of the hearings by July 20. In the largest counties, this deadline may be later.
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Meet With Appraisal Review Board
If you take your case to the appraisal review board, come prepared and expect a rapid-fire proceeding. The entire hearing will likely take 15 to 30 minutes. In that time you will be placed under oath and given a chance to present any evidence or witnesses supporting your case. You must conclude by stating the figure you believe your property is worth. Someone from the appraisal district will likely question you and provide additional evidence. Then you can question the appraiser or any witnesses presented by the appraisal district. Members of the appraisal review board can ask clarifying questions, too. Finally, each side gets to make a closing statement, so once again youll want to reiterate what you believe your property is worth and why. The three-member panel will discuss the case and reach a recommended value.
The full appraisal review board will review the recommendation of the three-person panel and approve your final assessed value. Youll get a certified letter in the mail with the decision.
Hire A Property Tax Protest Company
If youre a resident of Texas, and you believe that your property taxes are too high, you have the right to protest your appraised value. If you decide to file an appeal to lower your property taxes, use the steps and information above to do so.
If you want help with handling your protest, a Texas property tax firm can file an appeal on your behalf. You dont have to spend your valuable time wading through the Tax Code, collecting data on comparable properties, and preparing an argument for reducing your property taxes.
At NTPTS, we help homeowners in Dallas, Collin, Denton and Tarrant counties reduce their property value and lower their taxes. We specialize in high-end residential properties, but represent properties valued at $250,000 or more.
We will review your propertys appraised value, perform research to form an argument, and file an appeal on your behalf. Our knowledgeable tax consultants will file any paperwork and attend all hearings so you dont have to.
We operate on a contingency basis, so when you work with us, you wont owe anything upfront. If we get you a reduction, our fee is 40% of the amount.
Work with a trusted firm that understands tax valuations and appeals in North Texas.
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How To Protest Your Property Tax Valuation
- May 10th, 2021
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Its that time of year again! Bob Overbeck and his friends at the Larimer County Assessors office have sent out their reminders that your assessment valuation is probably headed up. Although its frustrating to see your monthly payment creep up every couple of years due to higher taxes, its part of rising real estate prices, area growth, and the need for property taxes to help pay for expanding services like schools, first responders, open spaces, and libraries.
The valuation is very clear. The notice will give you a prior value from the last time it was assessed and the current value to which your property taxes will be based off of.
If you feel your property tax assessment valuation is much higher than your home value, they do allow the ability to protest. This is where I come in to help you. Heres the process of filing a protest:
