Winning a Gwinett Commercial Property Tax Appeal

For Gwinnett commercial property owners, the stakes when it comes to property taxes are higher, especially when these represent a substantial percentage of their overall operations cost. Thus, the need to file a Gwinnett commercial property tax appeal on a yearly basis, if necessary, is emphasized!

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The Basic Process of a Gwinnett Commercial Property Tax Assessment

Many property owners and taxpayers simply pay their Gwinnett county commercial property tax, often with little to no questions asked. But this shouldn’t be as one of your rights and responsibilities is to know the basics of the taxation process from property valuation to tax collection.

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Capitalization Rate and Property Tax Appeals

Direct capitalization is used to convert a single year's income into a value estimate. The income is converted by a capitalization rate. Capitalization rates can be determined in a variety of ways, but the best way is to derive them from market transactions of similar properties. The overall capitalization rate is determined by dividing a single year's net operating income (NOI) by the sale price of the comparable property. From an adequate sample of market transactions an appropriate capitalization rate can be reconciled and used to estimate the value of similar properties. 

If you have a 10 year old community retail center in "Eastside Neighorhood" then ideally you will use sales of retail centers in this neighborhood, that are similar in age, quality, size, etc. You must be certain that the sale comparables used have net operating income calculated in the same way as the subject NOI. Any financing that affected the sale prices of the comparables requires adjustment, as do nonmarket rents. The objective is to compare apples to apples, because a small change in capitalization rate can result in a big difference in the value estimate.

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Net Operating Income and Property Tax Appeals

Net operating income (NOI) is defined by the Appraisal Institute as "the actual or anticipated net income remaining after all operating expenses are deducted from from effective gross income, but before mortgage debt service and book depreciation are deducted."

Effective gross income (EGI) is "the anticipated income from all operations of the real property adjusted for vacancy and collection losses. This adjustment covers losses incurred due to unoccupied space, turnover, and nonpayment of rent by tenants." This definition refers to market estimates of gross income adjusted for market vacancy and market collection losses. Your actual income may be very different from the "market."

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Property Tax Appeals - Using Equity

Equity is not an approach to value, yet for assessment purposes it can be as important as one. Equity is all about fairness. Specifically that your property tax burden is fair when compared to your neighbor, or your competition. Most states that I have worked in require that tax jurisdictions must assess based on equity, or “uniformity.” This is to ensure that the tax burden is distributed fairly. The exceptions that I am aware of are Florida and Ohio. (Full disclosure: I have worked property tax appeals in ME, VT, NH, MA, CT, RI, NY, PA, NJ, DE, MD, VA, WV, OH, NC, SC, GA, AL, FL)

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Property Tax Appeals



Property Tax Appeals http://www.Fair-Assessments.com 404-644-1667 Property tax appeals service focused on commercial real estate tax appeals. Property tax is a major commercial real estate expense and property tax reduction should be a top priority. We have been saving commercial property owners money for eight years. Contact us for your Fair Assessment.
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Florida Property Tax Appeals

Property taxes are a critical source of income for both state and local governments. Property owners nation-wide are subject to taxes on their properties, both commercial and private. Property values and their associated taxes in the state of Florida are highly unique and require an intimate understand of the state's tax code. If a property owner feels that their property taxes are too high based on the states valuation of their property value, they can file a property tax appeal to reduce the valuation of their property and the associated taxes. Such appeals are not a common occurrence in Florida. According to an article in the Palm Beach Post, less than five percent of property owners typically file a property tax appeal in the state of Florida. However, when these appeals are filed and they are successful, the results can be dramatic. Richard Nilsen, the co-founder of a company called Mattress Giant filed a challenge on the county's $14 million valuation of his property and netted himself a savings of $124,000. Such results are, of course, not typical as the average value of an individual's property rarely approaches such a valuation, but the underlying message remains the same: property tax appeals in Florida can yield significant financial rewards if pursued appropriately.

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Florida Commercial Property Tax Appeals

Property tax assessment is serious business. In Florida, the specifics span from the state constitution to local regulations. Section 4, Article VII of the Florida Constitution mandates that property appraisers use the "just value" assessment method. The Florida Supreme Court has ruled that "Just Value" and "Market Value" are legally the same. Other value considerations can include investment value and going-concern value, although they must be related back to "just value" to hold water. 

When appealing assessment results, wiggle room can often be found in the principles of value applied including:

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How Should I Prepare for my Property Tax Appeal?

While preparing your property tax appeal you need to be aware of how the tax assessors generated your value. For residential property they have probably used a cost approach to value in combination with a sales comparison approach. For commercial properties they may use the cost approach, the sales comparison approach, and an income approach to valuation.

For residential properties, the tax assessors often use a cost approach on all properties. Then they compare their values generated with the cost approach to actual sales prices to determine whether their cost approach is low or high. Based on sales in your neighborhood the assessors will adjust their cost values up or down to get as close to market value (sales) as possible.

Unless you are real estate professional you probably don't have the expertise to do a cost approach on your property. The best approach is to look at sales within your neighborhood and compare them to the assessed value of your property. If the sale prices per square foot of building area are lower than your assessment per  foot of building area then you have a basis for a property tax appeal.

The same is true of commercial properties, but often an income approach to value is thrown in. Income approach is used on properties that are often rented, and that is true of most commercial property types. To do an income approach to value you need market rental rates, typical expense ratios, and a capitalization rate.

As a commercial property owner/operator you may have a firm grasp of what the market rent is for your property, in your market. You probably know what your expense ratio is as well, but you may not know if this is typical. Your Net Operating Income (NOI) needs to be capitalized into an estimate of value. Capitalization rates can be developed in a couple of ways, but deriving them from sales of similar properties is the best way to get them.

So those are basically the three things that you can argue that the assessor is wrong on. You can argue that the market rental rate is lower than what the assessor is using. You can argue that your property is unique in some way and will never have an expense ratio as low as what the assessor is using. You can also argue that the capitalization rate that the assessor is using is too low.

You can look online for rental rates and sales at a site like LoopNet and you can get expense ratio and capitalization rates at RealtyRates. If would like to put your property tax appeal on autopilot, contact the professionals at Fair Assessments LLC.

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How Tax Assessors Use Sales to Value Property
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