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Real Estate Tax Assessment Appeals

The right to appeal property tax assessments is not limited to taxing authorities. Property owners have the right to appeal on all types of property classifications. HKQ Law assists with commercial, residential and industrial property assessment appeals.

A Pennsylvania real estate tax assessment appeal can be a complicated process, best handled with the assistance of an experienced attorney. HKQ Law’s tax assessment attorneys are very familiar with the nuances of property tax rules. HKQ Law represents landowners, Fortune 500 companies, commercial, industrial, and residential property owners throughout the entire tax assessment process – from the initial challenge, to any necessary trial and appellate court proceeding.

Are you overtaxed?

Typically, commercial or industrial property values are substantially higher than their residential counterparts. When a Pennsylvania taxing district decides to appeal the assessments of some properties within its boundaries, concentrating solely on commercial or industrial properties may seem like a sound strategy. After all, raising the assessments on non-residential properties would usually result in a greater tax-revenue increase. When properties are not assessed separately, it can cost a commercial or residential property owner hundreds or thousands of dollars in unnecessary tax.

The Pennsylvania Supreme Court unanimously ruled that it violates the Uniformity Clause of the Pennsylvania Constitution. The Uniformity Clause requires that “All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax.” (Article VIII, Taxation and Finance, § 1.) This means that a taxing authority is not permitted to implement a program targeting only the assessments of one sub-classification of properties, where that sub-classification is drawn according to property type (e.g., commercial, apartment complex, single family residential, or industrial.) The person (or entity) appealing the assessment bears the burden of proof.

To successfully challenge the assessment, at least one of the following facts must be established:

  • The tax assessment relies on information that is incorrect or incomplete.
  • The tax assessment sets the taxable value of your property higher than the taxable values of similar properties in your area.
  • The tax assessment assumes that the current market value of your property is higher than it actually is.

HKQ Law Tax Appeal Case Study

A recent tax appeal filed by Attorney Brian Stahl saved a commercial shopping mall client a substantial amount of tax liability. The property, previously assessed at $47MM, dropped to $24MM, saving the client over $585,000 annually based on current millage rates.

HANDLED WITH PROFESSIONALISM

Are you looking for expert guidance from a Firm that understands tax assessment? Our Business Law Team provides a full range of legal services. At HKQ Law, no one will work harder for your business.

CONTACTING HKQ LAW

SEND US YOUR DETAILS to discuss how you or your business can benefit from a real estate tax assessment appeal, or call HKQ Law at (800) 760-1529.


 

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