According to the provisions in the 2015 House Bill 202 (HB 202) in the State of Georgia, you have the right to demand and the responsibility to attend a mandatory settlement conference with the Gwinnett County Tax Assessor when you appeal your value to Superior Court. Keep in mind that your enhanced rights should be exercised since there will be consequences for your failure to follow through on your responsibility. Emphasis must be made that your failure to attend the conference will mean the inability to recover the attorney’s fees and court costs, when ultimately settled in court.
But in case the Tax Assessor fails to attend it, then you will likely rejoice. You have a winning appeal in your hands – it will be decided in your favor, which means your proposed value will be put on record as the accepted assessed value. The value will be subject to that part of the tax law called 299C, which means this caps your value against increases for a total of three tax years.
You have to be prepared for the mandatory settlement conference with the Gwinnett County Tax Assessor and, hopefully, win it. You can skip the more intensive Superior Court process, which will mean more savings in time, energy and money.
Know What Is
A settlement conference is a formal meeting between the parties in a lawsuit – or in the case of an assessment appeal, you and the Tax Assessor. Both parties will attempt to resolve the dispute before it proceeds to the next phase of the appeal process, the Superior Court. Negotiation coupled with the presentation of evidence usually happens during the conference, which can last for an hour or more depending on the type of property being appealed.
Your tax consultant, who should preferably be well-versed in the ins and outs of the appeals process especially as it pertains to HB 202, can explain in greater detail about the conference. You have to be prepared, nonetheless, as it is your property at stake, not the tax consultant’s property.
Prepare to Negotiate
As previously mentioned, the mandatory settlement conference is about negotiation for an assessed value that both parties will find just and equitable considering the evidence presented. Keep these tips in mind during the negotiation:
First, keep an open mind. You should avoid being bull headed or meek. Try imitating the mannerisms of the county employee that you are meeting with. You have to rememberthat the Gwinnett County Tax Assessorstaff will probably adopt a combative attitude if you do. Considering the costs of the appeal process in terms of time and money it is better if everyone is cordial. Second, know the arguments where you can compromise and concede.
Prepare the Information
You have to be prepared with the initial evidence to back up your claims of a lower assessed value on the subject property. Your preparation now will serve you well when the settlement conference falls through and the appeal goes to the next step. Your tax consultant should be able to prepare a settlement conference brief, too.
Ultimately, you and the Gwinnett County Tax Assessor have more to gain when the mandatory settlement conference bears good fruit. Otherwise, you still have the Superior Court process to fall back on.
