Did you know that in most cases mortgages in default are paid off by private or public insurance and yet the bank still takes your property? The banks have never made more money than during and after this mess they created. 

Every year end brings a close to previous plans and ambitions. A new year brings forth new prospects in nearly all affairs. The same approach extends to the taxation field. A new year brings the realization of an overview of the same. Cobb County uses taxes to finance their operations similar to other states and countries. Taxation systems involve different forms and approaches from corporate tax to personal income tax. One form of taxation in all Georgia counties is the property tax. This form of tax has often led to contention based on tax assessment value. Often the revaluation of tax assessments lead to higher levels of taxation.

Property owners and titleholders find it challenging to meet these higher tax burdens. Aggrieved individuals could correct this scenario through a property tax appeal. To understand how property taxes are generated it is proper to look at the system. The process commences when the board of tax assessors, a supposedly independent body, review and establish a fair value for all taxable property in the county. The board of tax assesors is formed and delegated duties through the county commissioners. The beginning of every New Year, January 1, is the property valuation date in Georgia. Property owners fill forms that determine exemption or tax subjection. It is important to note that taxable values conform to the state laws.

The Cobb County Tax Assessor office is being thrown under the bus by some people that are upset by property tax abatements. The issue that is front and center is a planned mixed use development near the proposed Braves stadium in the Cumberland area. It is interesting that the proposed abatement for the mixed use development has only become "big news" since the announcement of the Braves move to Cobb County. 

The development, known as Riverwalk, is in close proximity to the proposed Braves stadium. As many Cobb County residents were already upset about bankrolling the new stadium with public funds, it isn't surprising that the Riverwalk tax abatement was dragged out front and center. As reported in the Smyrna-Vinings Patch the Development Authority of Cobb County approved a letter of intent to issue $103 million in bonds for the development on September 17, 2013. The Braves deal was announced on November 11, 2013. 

In the Atlanta Metropolitan area there are many property tax consulting firms. There are a couple of reasons for this. First, Georgia tax law does not require that the counties appraise all properties every year, and infrequent appraisals often resulted in large percentage increases in value. Also, the county tax assessors’ values were incorrect in many cases and unfair (inequitable) in others. When property owners get large increases in tax assessments and corresponding tax bills in general they are outraged and want to do something about it. That is why there are so many property tax consultants in the Atlanta Metro area.

Recently much news has been made about the increasing house values around the country. Apparently the depths of the Great Recession are behind us and real estate is in full recovery mode. According to the Case-Shiller Atlanta home price index, housing values increased 18.44% year-over-year as of August 2013.

This is, of course, an average increase in house values for Atlanta real estate as a whole. I have found wide disparities from this average as I analyze values by neighborhood throughout the metro area. If we dig into the Case-Shiller Atlanta home price index a little further we can see where some of the variation is coming from.

The Fulton County tax assessors have begun work on the 2013 property tax appeals. Some Fulton County property owners have received no change letters from the tax assessors regarding their 2013 appeals while some have been offered reductions in what is called a 30 day letter. After you receive a reduction offer from the tax assessors you have 30 days to either accept the reduced value or appeal to the second level of appeal, which is the Fulton County Board of Equalization.

Recently, some of the 2013 property tax appeals have been scheduled to be heard by the Fulton County Board of Equalization. As recently as last month, the Board of Equalization was continuing to work on 2012 property tax appeal hearings and even a few 2011 property tax appeal hearings were being heard. They are not done with 2012 hearings, however. It appears that the Fulton County Tax Assessors staff is frequently using the board of equalization hearing as a tool to gain access to properties.

The Fulton County Tax Assessor's staff just can't get enough of being one year behind on their property tax appeal work. Twice in the past month I have been at Fulton County Board of Equalization hearings for tax year 2012 and the staff appraisers have requested a "field check." Once the appraiser produced an aerial photograph of the property in appeal and proclaimed that the size of the building in the County record must be wrong based on the photo alone. The other time the appraiser just seemed unprepared and wasn't willing to present what he had and let the Board make a decision. Again, he claimed that he needed to inspect the property before making any recommendation. 

This would be a reasonable request if this was July of 2012 but it is July of 2013. The worst part is that the Fulton County Tax Assessors have really just begun the process of pushing all of the 2012 appeals through to the BOE. Just like the Fulton County Board of Equalization was hearing 2011 property tax appeals earlier in 2013, they will be hearing 2012 property tax appeals in 2014. 

The Fulton County tax Assessors have posted some sale ratios statistics on their website showing how well they have done with their 2013 reappraisal. At first glance, these statistics look stellar given that Fulton is such a large, diverse county. Take a look:

The DeKalb County tax assessor has released the 2013 values and the assessment notices are dated May 28, 2013. With the Georgia mandated 45 day appeal period this makes the property tax appeal deadline July 12, 2013. The DeKalb County tax assessor has instituted a new online appeal option. If you visit their real estate data search page and input your name, address, or parcel ID number you will find your property description, and an option to file your appeal online. You will need the access code found on the bottom right of your property tax assessment notice in order to complete the online filing. 

We haven't heard any screaming yet due to large increases in taxable value as there were last year. Last year the neighborhood I live in was cut about 35% and there wasn't any complaining about it, except from those that were trying to sell their houses and thought the the DeKalb County tax assessor's values would have an impact on what potential purchasers would offer. I hate the think that there are people out there that actually think that the tax assessor is so correct that it sets an upper limit on value. 

The Cobb County tax assessor appeal deadline for commercial properties is coming up very soon. The 2013 deadline for commercial property is June 3. You still have approximately one week to appeal these commercial values. After the June 3 deadline there is no option for for a property tax appeal in 2013. The law is very clear in this respect. The appeal period is 45 days from the notice date, no if's and's or but's.

If you want to ensure that your Cobb County property tax is as low as possible be proactive and get your property tax appeal filed. Although the commercial real estate market has recovered since the Great Recession the amount of recovery depends on the property type and the market area. Not all of Cobb County has experienced appreciation that some of the news would have you believe. Some of the commercial property types that are still suffering are limited service hotels, restaurants, and golf courses.