T How To Be Successful With a Tax Appeal
Transcription
T How To Be Successful With a Tax Appeal
A publication of the Bill Gladstone Group of NAI CIR April 2012 How To Be Successful With a Tax Appeal T By George Clauser The time of year has come when property owners receive real estate tax notices for the property or properties they own. In this area, county and municipality tax bills are mailed on March 1. The tax bills should be in the hands of property owners or, if a mortgage exists on a property, the tax bills may go directly to the lender to be paid out of the escrow account. On July 1, the school districts will mail real estate tax notices or bills to every property owner on record within their respective districts. The school district’s bill will usually get property owners’ attention because it is typically much larger than the county and municipality tax bill. On your tax bill, you will want to pay particular attention to the portion labeled assessed value. The total assessed value is derived from both land and improvements. For example, the land may be assessed at $55,000 and the improvements at $136,200 for a total assessed value of $191,200. The assessed value is the number the county uses to estimate the value of your property for tax purposes. Cumberland and Dauphin Counties assess properties at 100% of market value. The total assessed value is multiplied by the millage rates of the respective taxing authorities to determine the real estate taxes for the property. One of the single greatest available opportunities for savings for property owners is on their tax bill. The National Taxpayers Union is credited with claiming that as much as 60% of all property in America is overassessed. Over 95% of property owners have no idea how to determine if they are being overcharged. Review the Property Record Card Property owners who believe that their property assessment is too high certainly have the right to contact the County Tax Assessment Office. Property owners can review the information the county has on file for their property prior to filing a formal appeal. With the large volume of properties that the assessors handle, errors may be made. If those errors are found and corrected, the property could receive a lower assessment, resulting in a lower tax bill. When looking at your property records consider the following: building size, building condition, room counts, office size, bath counts, rail siding, and lot size. The property records could contain mistakes in any of these areas. Your building size may be smaller than those shown on the tax record cards. Buildings may be razed and yet still be shown on the property record cards. In addition, condition of the buildings may not be accurate. Room counts, office size and bath counts may differ. Rail siding, which was once available along an industrial facility may no longer exist. Lot sizes may be recorded as larger than your actual lot. (Continued on page 3) Check Out Our Latest Video! Bill Gladstone recently interviewed two local Central PA experts on medical office space. Our experts for this segment were, Phil Guarneschelli, Senior VP and COO of Pinnacle Health System (www.pinnaclehealth.org) and Timothy Kinsley, VP and COO of Kinsley Properties (www.kinsleyproperties.com). Video Talking Points Include: • Build-to-suit projects • Medical office space - issues that develop • The developer's role • Current medical space rates • Trends for the future To view the video, please visit www.YouTube.com/BillGladstoneGroup or scan the QR code below with your smart phone. In This Issue 1,3,5 Featured Article 2-7 Featured Listings 8 Recent Deals 717.761.5070 ext. 120 www.BillGladstone.com [email protected] www.naicir.com N E W L I STIN GS pCOMMERCIAL SALE - 1241 Peters Mountain Road, Dauphin, PA Route 225 pCOMMERCIAL LEASE - 1306 N. Third Street, Harrisburg 2,666 SF available in this functional utility building for users in need of storage/shop space or office/showroom space. Direct access to Route 225/Peters Mountain Road and easy access to Routes 22/322. 1,168 SF available in this turn-key store front space. Join Midtown Scholar, Broad Street Market and soon to be new home of Harrisburg's Art Museum. Don't miss this opportunity to take part in Harrisburg's urban revival. pWAREHOUSE LEASE - 3401 N. Sixth Street, Harrisburg pLAND SALE - Adams Drive, Lot 13, Hummelstown Summit View Commerce Park 3,100 SF rarely found, small clean and functional warehouse flex space at affordable price. Conveniently located along Sixth Street, within 1.5 miles of I-81 Interchange with Exit 66 Downtown/Harrisburg. pOFFICE SALE - 1707 S. Cameron Street, Harrisburg 17,396 SF property with 6,500 SF office and an adjoining warehouse and two additional storage garages on-site. The office space and storage garages will be vacated by the current occupant; the main warehouse is leased by a strong credit tenant until September 30, 2015. 2.79 acres available in one of the last remaining pad ready sites in Summit View Commerce Park. Site is ideal for office or flex users. Approximately 250' frontage along Adams Drive. pOFFICE LEASE - 2509 N. Front Street, Harrisburg 6,325 SF desirable riverfront location with on-site parking. Building is practical for medical users but can also be renovated to suit professional office users. pCOMMERCIAL SALE - Confidential Property, PA pOFFICE LEASE - 1201 Fulling Mill Road, Middletown Up to 23,600 SF of suburban corporate office space for lease. Join Mid Atlantic Corporate Federal Credit Union in this functionally designed, well-maintained office facility with shared amenities and quick access to PA Route 283. Also for sale with partial leaseback. 2 10,000 SF turn-key restaurant and bar for sale in Cumberland County, PA. The restaurant is an established neighborhood staple, in operation since 1985. Business only and use of liquor-license, no real estate included in sale. Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A CIR Commercial Real Estate Services, Worldwide. 717.761.5070 l www.naicir.com How To Be Successful With a Tax Appeal Furthermore, due to slow real estate activity over the last 3-4 years, the property could have recently been purchased under the assessed value which also could lead to a reduction in the assessment. Discrepancies found in your favor may certainly reduce your assessed value, which will result in a lower tax bill. Simply taking the time to check the information for accuracy and discussing it with the assessment office representative could lead to big savings. (Also, it never hurts to be cordial and respectful while you’re doing it.) How Do I Know Whether or Not I Should Appeal My Property Taxes? The primary basis for an annual tax appeal is based on the market value of the property in question. Market value may be defined as: The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and each acting in what they consider their own best interests. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto. 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994) The question becomes, “Is the assessed value of the property higher than the market value of the property?” Put another way, “Could I sell the property for more than the assessed value?” (Continued from page 1) be followed during the appeal hearings. The burden of proof lies with you, the appellant or property owner, to prove your property has been over assessed. Fill out the typical 2-4 page form for the tax appeal with the information requested. Ordinarily, commercial, industrial, and income producing properties will require additional information—three prior years of gross annual income and expenses for the property. Gross annual income and “Is the assessed value of the property higher than the market value of the property?” Put another way, “Could I sell the property for more than the assessed value?” It should also be noted that in the case of an assessment which includes both land and building values, only testimony will be accepted concerning the total value of the property. The Board of Assessment Appeals will not typically consider the appeal of either land or building as separated from the total. The Board will also not consider the assessed value of the neighboring properties. The sole matter at issue is the market value of your property. Proceeding with an Appeal if the Assessed Value of Your Property Warrants an Assessment Appeal. Know and follow the rules. The rules and regulations concerning appeals are provided by each individual Board of Assessment Appeals and are available online for each individual county. Obtain a copy, read them, and follow them. They will tell you when appeals have to be filed, the place where they have to be filed, the fees involved for filing, and general rules that are expected to expenses include: fixed expenses, such as real estate taxes; fire insurance premiums; and land rent, if applicable. Your variable or operating expenses related to the property will also be requested. Variable expenses include: manager’s fees, leasing fees, heat, and utilities—electric, telephone, advertising, sewer, water, trash, gas, maintenance and repair costs, and replacement reserves. Leases and tenant rent rolls will be requested, as well as who is responsible for paying each expense category. Professional appraisals are also requested and strongly recommended. If the information is not included on the appeal form, it will not be included in any appeal or testimony presented to the board. Appraisal reports for presentations must be compliant with all the rules and regulations governing them. The reports must be well supported, concise, easy to read, understandable, and able to be presented (Continued on page 5) I N V E S T M E N T L I S TIN GS pSALE - 1719 Walnut Street, Harrisburg 7,460 SF available with a low entry cost and historically stable income stream. Perfect for a start-up investor looking to build a portfolio of investment properties. 3 pSALE - 1826 Good Hope Road, Enola 30,114 SF Class A office building in Graystone Corporate Center for sale. Steady cash flow and strong credit tenant all offered below replacement cost. A 10-year lease term on a single-tenant NNN leased property is guaranteed by Graystone Tower Bank. There is essential access to all the Harrisburg MSA and visibility and signage exposure to 73,000 vehicles daily on I-81. C O M M E R C I A L L I STIN GS pSALE/LEASE – 1161 Harrisburg Pike, Carlisle 3,024 SF freestanding retail/commercial building. Located just off the Carlisle (Route 11) exit of the PA Turnpike (I-76). Ground-level basement access in rear. pSALE - 1416 Cumberland Street, Harrisburg 4,590 SF commercial building in residential neighborhood. First floor - 2,610 SF includes 690 SF two car garage; second floor - 1,980 SF includes 3-4 bedroom residence with den, living room and full dining room. Ideal for the entrepreneur that wants to have their residence above their office/commercial business. Price reduced! pSALE - 182 S. 2nd Street, Highspire 8,123 SF available in this great location and priced to sell! Building can be used for any number of retail, personal service businesses or flex-type uses. Location has ample off-street parking and easy access to the PA Turnpike and Route 283. pSALE - 402 N. 2nd Street, Harrisburg 3,304 SF available in this 100% leased - 5 unit residential property in the heart of Harrisburg's downtown district. Close to Capitol Complex, Strawberry Square and Restaurant Row. pSALE – 1161-1181 Westminster Avenue, Hanover 20,466 SF available; 9,639 SF on lower level and 10,829 SF on upper level. Restaurant/bar/banquet facility with a Restaurant Liquor License is located on the edge of the South Hills Golf Club. 2,448 SF residence included in the sale price. All existing furniture, fixtures and equipment can be included. Price reduced! pSALE - 5135 Jonestown Road, Harrisburg 5,337 SF building on 0.82 acres with office/showroom and shop/ warehouse space. 120’± of frontage along Route 22. Neighbors include major retailers in the Paxton Towne Centre and Colonial Commons. Over 22,000 cars daily on Route 22. pSALE - 6110 Carlisle Pike, Mechanicsburg pLEASE - 415 Market Street, Harrisburg 7,395 SF available on the 1st floor in the Harrisburg Transportation Center. Reserved parking below deck at lower level and metered spaces in front of building. 4 4,450 SF freestanding commercial building available in high-profile location on the Carlisle Pike. The site is just under an acre, situated as an outparcel to the Good Hope Plaza with Black N Bleu, Select Medical Therapy, Worknet, Advanced Sash & Door and the Good Hope Animal Hospital. CIR Commercial Real Estate Services, Worldwide. Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A 717.761.5070 l www.naicir.com How To Be Successful With a Tax Appeal in a timely manner. The quality of the report can have a huge influence on the outcome. Six copies of an appraisal report of the property are requested for Cumberland County and are to be delivered 10 days prior to the scheduled hearing. Dauphin County requires one copy of the report, which is to be delivered 10 days prior to the hearing with five other copies brought to the hearing for delivery to the board members. Once the information is provided to the Board of Assessment Appeals, hearings are typically scheduled for testimony. Usually the property owner is given 20-day notice of the scheduled hearing date. Whether or not there is any flexibility in the date and time of the hearing will depend on the workload and scheduling of the board hearing dates. Due (Continued from page 3) market value of that property. Conclusion Testimony allocated for residential property hearings may be 15-20 minutes, whereas commercial, industrial and income-producing properties allow about 30 minutes. There are many decisions that have to be made to be successful in the tax appeal process. Certainly no one likes to pay more taxes than they legally have to. Whether you’re the owner of a single property, an investor with a number of properties, or a larger corporation, your potential tax savings can be substantial reaching thousands of dollars. The window of opportunity is short for the appeal process. Successful appeals can be rewarding and the revised assessment will last until there is another countywide assessment or you make substantial changes to the property. The burden of proof is on the person filing the appeal and his or her representative(s), which may include legal representation and a Pennsylvania State Certified Real Estate Appraiser. There is no substitute for preparation, subject knowledge, knowledge of comparable sales, and income/expense information on the subject property and comparables. A key point to remember is that the board is typically made up of people with real estate knowledge, and the board members hear About the Author: "There are many decisions that have to be made to be successful in the tax appeal process." to the workload of most boards, hearings are typically not rescheduled without a pressing issue. Pre-Hearing Preparations Pre-hearing and pre-trial preparations have the greatest impact on whether cases are won or lost. Preparations usually involve the property owner, the property owner’s representative, an attorney, an appraiser, and, at times, a Realtor. Testimony at the Hearing Recall that the pressing issue in any appeal is whether or not the total property in question was assessed higher than the dozens of appeals. They may have heard testimony on some of the sales or property information that you are using—make sure your information is verified and accurate. In some of the more complex properties owned by larger corporations, the board may hire their own independent appraiser to defend their property values. Once the evidence is presented and crossexamination or questioned by the board, a decision could be made instantly or the board may seek additional information before responding usually within a week or so. George Clauser is a graduate of Lebanon Valley College with a B.S. Degree in Economics and Business Administration. He established Clauser Real Estate Appraisals in 1993. He has been PA State Certified as a General Real Estate Appraiser since 1991 and holds the SRA Designation of the Appraisal Institute. Types of appraisal completed include commercial, industrial, residential, subdivision, farms, appraisals for tax assessment appeals, estates and litigation. Clients include area banks, mortgage lenders, local governments, corporations, school districts, homeowners, business owners and attorneys. Clauser Real Estate Appraisals serves Cumberland, Dauphin, Perry, Lebanon, Lancaster, Adams and York Counties. George can be reached at [email protected] or by phone at 717-737-7300. O F F I C E L I S TIN GS pLEASE – 208 N. Third Street, Harrisburg 250 - 4,542 SF turn-key office suites. Prime Central Business District location facing the State Capitol. Multiple parking garages available within 1 block. 5 pLEASE - 4823 East Trindle Road, Mechanicsburg 1,887 SF on the second floor, available immediately. Turn-key condition with functional layout. Convenient location highly visible from Trindle Road. Expansive lot with abundant on-site parking, over 6 spaces per 1,000 SF. Building has Verizon FIOS already in place. Reduced rate for first lease year! O F F I C E L I S TIN GS pSALE - 27 Miller Street, Lemoyne Price reduced by $115,000 for this attractively remodeled office building. 15,000 SF available with 30 off-street and eight street parking spaces in front of the building. pLEASE - 3 Tyler Court, Carlisle 1,200 - 2,792 SF of shell space available. This office space is available in Carlisle's office and medical office corridor. 41+/- parking spaces in common. Located next to an orthodontist office. Permits insurance agencies, photographic studios, medical or clinical facilities and hospitals. pSUB-LEASE - 4700 Westport Drive, Mechanicsburg 3,000 - 7,747 SF available in this sub-lease opportunity for office space with high-end finishes below market rates. The space is well designed for a regional headquarters with its large training room and full service kitchen. Easily accessible to Route 15 and the PA Turnpike. pLEASE - 130 State Street, Harrisburg 955 SF available on the third floor. Located in the CBD along State Street leading to the steps of the Capitol Complex. Ideal for lobbyists, attorneys or other professionals who visit the City frequently. Turn-key condition and offered at a competitive full-service rate. pLEASE - 3425 Simpson Ferry Road, Camp Hill The Pennsylvania Center pSALE/LEASE – 210 Walnut Street, Harrisburg 21,600 SF building in CBD. 5,072 SF available for occupancy, rest of the building is leased. Just a few steps from the Capitol Complex, Strawberry Square and Restaurant Row. Price reduced! 6 2,147 SF attractive office space with great perimeter window lines designed for professional users. Ample parking on-site and easy access to Route 15, Route 581 and the PA Turnpike (I-76). Banks, restaurants, shopping and convenience stores close-by. Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A CIR Commercial Real Estate Services, Worldwide. 717.761.5070 l www.naicir.com I N DU S T R I A L L I S TIN GS pLEASE - 2404 Gettysburg Road, Camp Hill 52,000 SF clean, functional warehouse space for distribution or manufacturing. Located within 1 mile of Route 11 & 15 and Route 581, providing quick and easy access to I-76, I-83 and I-81. pSALE - 806 S. 28th Street, Harrisburg 8,332 SF masonry warehouse with fenced dock area. Convenient location with easy access from I-83. L A N D L I S TIN GS LOCATION ACRES ZONING TYPE 4850 Woodland Drive, Enola, Cumberland County .79 Commercial General Sale 5140 Jonestown Road & 4 Carolyn Street, Harrisburg, Dauphin County 1.23 Commercial General Sale 260 N. Hershey Road, Harrisburg, Dauphin County 1.57 Commercial Sale 4801 Union Deposit Road, Harrisburg, Dauphin County 1.74 Office Sale Pending - Milroy & Grayson Roads, Lot 16, Hummelstown, Dauphin County 1.92 Manufacturing District Sale Wildwood Park Drive, Harrisburg, Dauphin County 2± Commercial (good restaurant site) Sale East Cumberland Street (Route 422), Lebanon, Lebanon County 2.2 Commercial Sale Route 15, Dillsburg, York County 2.29 Mixed Use Center District Sale Pending - 6402 Carlisle Pike, Mechanicsburg, Cumberland County 2.47 Highway Commercial Zone Sale Pending - 856 Century Drive, Mechanicsburg, Cumberland County 2.78 General Commercial District Sale New Listing - Adams Drive, Lot 13, Hummelstown, Dauphin County 2.79 Manufacturing District - Limited Sale Union Deposit Rd. & Antonio Dr., Lots #2-8 Harrisburg, Dauphin County 3.28 (R-1) Residential-Low Density Sale 430 Station Road, Grantville, Dauphin County 5.06 Rural Agriculture Sale Good Hope Road Unit #3, Enola, Cumberland County 5.25 Office Sale Samuels Drive, Carlisle, Cumberland County 7.47 High Density Residential & Village District Sale Route 22 & Route 39, Harrisburg, Dauphin County 7.7 (6 lots) Commercial Highway/Office Sale 2300 Linglestown Road, Lot #1B, Harrisburg, Dauphin County 9.37 Commercial Highway District Sale Eisenhower Blvd., Harrisburg, Dauphin County 10± General Commercial Sale Peters Mountain Road, Halifax, Dauphin County 12.75 No Zoning in Halifax Township Sale 4220 Linglestown Road, Harrisburg, Dauphin County 12.9 Commercial Sale 7700 Derry Street, Harrisburg, Dauphin County 13.62 (7 lots) Commercial Sale Carlisle Pike (Route 11) Waterford Square, Mechanicsburg, Cumberland County 16.31 (13 lots) Commercial Sale Pending - Knight's View Road, Wrightsville, York County 53.98 Residential Sale Pending - 100 N. Hershey Road, Harrisburg, Dauphin County 34± Neighborhood Commercial Sale 4600 Carlisle Pike, Mechanicsburg, Cumberland County 1.15 Commercial Limited Lease Pending - Milroy & Grayson Roads, Lot 17, Hummelstown, Dauphin County 1.72 Manufacturing District Sale/Lease 6325 Chelton Avenue, Harrisburg, Dauphin County 3.75 Business Campus Sale/Lease 1170 Harrisburg Pike, Lots 4-5, Carlisle, Cumberland County 1.54 & 1.38 Commercial Lease Stoverdale Road & Middletown Road, Hummelstown, Dauphin County 2.32 Neighborhood Commercial Lease Pending - Harrisburg Pike & PA Turnpike, Carlisle, Cumberland County 2.66 Commercial Highway Lease CIR Commercial Real Estate Services, Worldwide. 717.761.5070 l www.naicir.com Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A 7 p SOLD p LEASED p LEASED 1515 Commerce Avenue, Carlisle 4700 Westport Drive, Mechanicsburg Capital West Business Center 875 Poplar Church Road, Camp Hill This property was purchased by a dealer from 5 - Star Truck Sales, Inc. They will do sales and servicing of trucks at this location. The Bill Gladstone Group of NAI CIR marketed the building and represented the seller at closing. Visual Sound has leased 6,063 SF at the Capital West Business Center. David Rudy of the Bill Gladstone Group of NAI CIR represented the landlord. HS Mediplex has leased space to DeArment Endocrinology, a micro medical practice, on a long-term lease. The 81,708 SF building is owned and managed by Kinsley Properties, based in York, PA. The Bill Gladstone Group of NAI CIR represented the tenant Rene´ DeArment. NAI CIR PO Box 8910 Camp Hill, PA 17001-8910 PHONE:717.761.5070 www.naicir.com www.BillGladstone.com BILL GLADSTONE, CCIM, SIOR PRESORTED STANDARD U.S. POSTAGE PAID Harrisburg, PA Permit No. 783