Thursday, April 25, 2013

Time to Appeal Tennessee Property Tax Assessments

Now is the time to request an appointment to appeal real or personal property assessments if you disagree with your local property assessor’s appraised value or classification of your property.

Deadline to Appeal
County boards of equalization will begin hearing regular property tax appeals on June 1.  They have the authority to increase, decrease or leave unchanged the appraised value of the property or change the classification of the property.  You must make an appointment to appear before the county board by contacting your local property assessor’s office.  The deadline for review varies by county.  If you fail to appear before the county board, the property tax assessment is deemed conclusive and you lose any further rights of appeal, except in very limited circumstances.  Tenn. Code Ann. § 67-5-1401.  You should contact the local assessor’s office to request your appointment to appeal your property tax assessment by June 1.

Steps to Appeal
There are multiple levels of appeals that taxpayers must follow in order to preserve their rights and the appeal path can become a trap for the unwary if deadlines are missed.

1.   Informal Review – The first level of review, which is informal but should not be overlooked, is to talk with the local property assessor’s office.  This is an easy and inexpensive means to review your assessment and determine if there has been a mistake or if the property assessor is willing to make an adjustment based on information you can provide about the use or value of the property.  To request an informal review, call your local property assessor’s office.

2.   County Boards of Equalization – If you are not satisfied with the informal review or if you decide to skip that step, you must request review by the county board of equalization to preserve your appeal rights.  Tenn. Code Ann. § 67-5-1401.  County boards begin their sessions each year on June 1 and you should contact your local property assessor’s office to request an appointment.  You must appear “in person” before the county board of equalization prior to its final adjournment.  You may appear before the board or hearing officer by yourself or you may be represented by a qualified property tax representative or an attorney.  Again, if you fail to appear, the assessment will be deemed conclusive against you.  Tenn. Code Ann. § 67-5-1401. 

3.   State Board of Equalization – If you are not satisfied with the decision by the county board of equalization, your next step in the appeal process is to the State Board of Equalization.  Tenn. Code Ann. § 67‑5‑1412.  There are several levels of appeal within the State Board and the process becomes more formal.  Appeals to the State Board must be submitted in writing, sworn to, and filed with the Executive Secretary of the State Board.  The State Board has forms available for your use or you may also file your appeal online at www.tn.gov/comptroller/sb/.  There is a filing fee required for all appeals and the amounts are noted on the State Board’s website.

Taxpayers have until August 1 or 45 days after the date the notice of the decision of the county board of equalization was sent to file a further appeal with the State Board, whichever date is later.  Tenn. Code Ann. § 67-5-1412(e). 

Other Points to Remember 
You should also make note of the following important points:

1.  Appeals for Successive Years – Unless there is a change in your property assessment from last year, you will not receive a separate notice of assessment each year.  Nevertheless, if you have appealed an earlier year, your appeal is limited to that tax year and does not preserve your appeal rights for the successive years in which the assessment remains unchanged.  You must appeal the assessment for each tax year even if the assessment remains the same and you do not receive a new notice. 

2.   Payment of Undisputed Taxes – While on appeal, a taxpayer still must pay the undisputed portion of the property tax assessment in order to pursue the appeal and avoid the assessment of penalties after the taxes become delinquent on March 1.  The unpaid portion will accrue interest if you are ultimately required to pay the assessment.

3.   Mark Your Calendars – Remember that even if you do not receive any of the notices that are required to be sent to you, you are not relieved, usually, of your obligation to meet all filing deadlines.  If a deadline is approaching and you have not received a notice, call the local assessor or State Board office.  Do not let any of the deadlines pass.

IMPORTANT DEADLINES FOR TENNESSEE PROPERTY TAX APPEALS
January 1
Assessments of all real property and personal property are made annually as of January 1
May 20
Deadline for property assessor to make assessment
June 1
County Boards of Equalization begin their annual sessions.  Taxpayers should call to schedule an appointment to appeal before June 1
August 1
Deadline to file appeal to State Board of Equalization, or 45 days after notice of the action of the County Board is sent, whichever is later
October 1
Date on which property tax payments first become due (not delinquent until March 1 of the following year)
February 28
Last date to pay prior year’s property taxes before they become delinquent and subject to penalty and interest
March 1
Unpaid taxes for prior year become delinquent

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