Joe Wszolek, an Indiana Certified Tax Representative, gave Part II of his property tax appeal presentation at the Team Hammond meeting on Tuesday night.
Form 133 He went over the reasons for a property tax appeal and what forms should be used for the two different types of appeals. Form 133 should be used to correct an error such as an exemption that has been eliminated. Form 130 should be used to challenge an assessed value on a property. Form 133 appeals can be filed all year long. Form 130 appeals have a 45 day deadline after Form 11, Form 113 or tax bills have gone out. The deadline for 2008 appeals has been extended to December 2, 2009.
Joe also covered grade ratings and how they affect your assessed value and your neighborhoods. He showed examples of different types of residential properties and their grade ratings. You can use your neighbors' grade ratings in your appeal if your grade rating is significantly different.
The property record card available at the assessor's office is the first step in gathering information for your appeal. Joe explained what information is contained in the property record card and why it is the foundation for your appeal.
In an appeal, the burden of proof is on the homeowner not the assessor. The homeowner must provide documentation and evidence in order to prove the assessment is not correct. You cannot just say my assessment is too high. You must provide evidence supporting your claim. This evidence can be a certified appraisal, sales disclosures, and assessed values of other homes similar to the homeowners. This information can be obtained from local real estate agents and the county assessor's webpage. The DLGF is also a valuable source of information for an appeal. If the homeowner is willing to do the groundwork himself, he should not have to spend alot of money trying to win the appeal.
Joe also covered the different steps in the appeal process. The assessor has 120 days to schedule an informal hearing on an appeal. If that time passes, the homeowner can go to the PTABOA (Propety Tax Assessment Board of Appeals) and request a hearing. The hearing must be held within 180 within the filing of the appeal. If the homeowner is not satisfied with the ruling of the PTABOA, the next step is the Indiana Board of Tax Review in Indianapolis followed by the Indiana Tax Court.
The deadline for 2008 tax appeals is December 2, 2009. If the deadline is missed, the homeowner will have to wait until 2010 to file a 2009 appeal. Property tax bills came out on September 29 and the 45 day deadline has passed; however, the county assessor has extended the deadline until December 2, 2009. Homeowners must include a copy of the deadline extension with their appeal should their appeal continue on to the Indiana Board of Tax Review.
Any homeowner wishing to use sales disclosures for their 2008 appeal must use disclosures from the time period January 1, 2006 through December 31, 2007. Disclosures from the current year 2009 are not valid for a 2008 appeal.
Beginning in 2010, the burden of proof will be on the assessor if an assessed value of a property goes up more than 5%.
Joe cautioned that the results of an appeal are not always in favor of the homeowner. If an appeal is within 10% of the assessed value either way, the assessor is not obligated to make a correction. The assessed value within that 10% frame is considered correct.
Currently, homeowners are having to appeal their assessments every year. Joe said he and George Janiec are working to get a law passed that would make the new assessments won in an appeal permanent, and homeowners would no longer have to appeal every year.
The presentation ended with Joe answering questions from the audience.