As a result of the unprecedented assessment increases to commercial and industrial property values in Cook County, how will lenders deal with the resulting impact on their borrowers' tax liabilities? How will they respond to borrowers who claim they cannot meet their lender's call for substantial upward adjustments in their tax escrows? With regard to income producing properties, what happens when loan to value ratios change due to the decline in market values resulting from the affect of additional property tax expenses on the borrower's NOI. A $50,000 increase in property tax expenses, capped at 7%, could diminish the market value of a property by more than $700,000. It's not always that simple, but a decline in market value is the logical consequence of a higher tax bill for both owner/occupants and landlords. And that leads to an additional line of inquiry as to how tenants, and prospective tenants, will respond to a significant increase in their overall rent coming from these potential increases in their property tax liabilities? Will it, or has it already, caused a slow down in both leasing and sales activity? Will prospective tenants, as well as prospective purchasers and lenders, be taking a more cautious approach to making their final decisions going forward? How will lenders ultimately respond to their increased risk as existing loan to value ratios begin to fluctuate? The typical response would be for them to adjust interest rates upward where possible, to account for the sudden increase in risk, and to work to get their loan to value ratios back in synch. How they choose to accomplish this could have significant consequences for the real estate market.
Ultimately, will the anticipated significant increase in Cook County property taxes for commercial and industrial property owners cause just a minor leak, or a major breach in the real estate dam? Stay tuned!
New Trier Township is located in Cook County, IL. The entire township was subject to a reassessment in 2019. The Assessor opened the township for appeals on April 29 2019. The Assessor then certified the final assessments for all real estate in the township on August 15, 2019, meaning that he had completed his work for the year and closed his books.
Well...... not so fast. On August 19, 2019, he sent letters to approximately 1100 homeowners in the township informing them that they were the grand prize winners of significant additional tax relief because the initial models his office used to establish the 2019 assessments failed to recognize the existence of sections of floodplains on these properties. As a result of the Assessor's allegedly flawed analysis, these 1100 property owners received additional reductions in the market value of their properties by as much as $400,000. However, the Assessor failed to state what the floodplain risks were that generated some of these enormous reductions. Was the property in a regulated floodplain, did it require mandatory flood insurance and, most importantly, was there actually any evidence that market values were significantly diminished as a result of the existence of designated floodplain areas on these properties? Could their proximity to golf courses, many of which are located on floodplains, or lakes, rivers, ponds, forest preserves or scenic ravines that actually enhance the value of their properties, have resulted in these reduction "gifts"? What was the actual risk level of flooding on these properties, many of which appear to be located in the A-E zone, indicating a 100 year flood possibility? How many of these properties, in fact, have ever experienced significant flooding, or sought assessment relief due to chronic flooding problems?
We don't have any answers because the Assessor hasn't yet seen fit to release the evidence supporting his findings. Furthermore, because he has lost jurisdiction over these properties, he has issued Certificates of Correction, which essentially asks the Cook County Board of Review to "fix" his problem by granting his recommended reductions. And, of course, if the BR refuses to do so, he will cast them as villains for failing to help these poor unfortunate taxpayers, many of whom just happen to reside in the most expensive homes in the county. Finally, how much will this gift add to the property tax burdens of other New Trier property owners who don't have the good fortune to have a koi pond on their lot, which would apparently be enough to qualify for assessment relief under this Assessor's criteria? Could millions of dollars be shifted on to the backs of these less fortunate property owners? Have they been given notice of this possibility...or will they only experience the sticker shock when they see their 2019 tax bills in 2020?
The Assessor proposed a 2019 market value of approximately $1,744,000 for a property. The party purchased the property for approximately $1,150,000 at the end of 2018 in an arm's length, brokered transaction. The evidence tendered in support of the appeal included the following documents:
- Executed Purchase Agreement;
- Executed Closing Statement;
- Recorder's Office search evidencing the recording of a Warranty Deed between the same parties shortly after the closing; and
- an Appraisal Report dated 12/2018, which came in at 1.01% over the final purchase price.
To most bodies that hear tax appeal cases, this would represent sufficient evidence to warrant the requested relief...but apparently not this one.
A reduction to a market value of $1.433 million, still 24.6% over the purchase price. The resulting additional tax bill, approximately $5,600.
The Cook County Assessor continues his relentless vendetta against business properties in north suburban Cook County. Unprecedented assessment increases upward of 200-300% are being mailed to unsuspecting taxpayers. Every property is being treated as institutional grade investment property, from mom and pop storefronts to small apartment buildings. The assumption that all properties are being leased on a triple net basis allows the Assessor to eliminate property taxes as an expense, which results in higher net incomes and allows the use of much lower capitalization rates. These low rates only allow for a return of the investment necessary to cover debt service, not a return on the investment which allows a return on owner equity. This practice is being used to greatly increase the market value of virtually every commercial and industrial property in the north and northwest suburbs. While claiming complete transparency, Freedom of Information Requests filed on behalf of taxpayers by their attorneys to determine the reason for a denial of relief, are taking upwards of 6 weeks to process, while the law requires a response in not more than 10-days. When responses do become available, a review indicates how the Assessor is manipulating data to ensure that virtually every appeal will be denied. The good news is that the Board of Review has opened a month early, in anticipation of a huge increase in the volume of appeals due to the Assessor's refusal to grant relief, even on the most meritorious cases. The Board has also disclosed that it will continue to review cases as it always has, and will grant relief on the merits of each case, without a pre-determined policy intended to find any means to deny relief to property taxpayers who could see their tax bills skyrocket due the Assessor's failure to act in a fair and equitable manner.
For more information on the how these unprecedented business valuations could impact you and your assessment, contact Donald T. Rubin at DTRubin@GCT.law or 312.696.2641.
Has the value of your business property actually increased by 82% in just 3-years?
In light of the huge assessment increases we are seeing for commercial and industrial properties located in the northern suburbs of Cook County, which are sure to follow in the rest of the county when those reassessment notices go out, 2020 for the southern suburbs and 2021 for all properties located in Chicago, how can businesses that rely on being able to accurately project their future expenses, do so when predicting their potential property tax liability? The answer is, they can't. To address this issue, all property taxpayers must take action to vigorously contest their property tax assessments, while at the same time accruing a higher reserve as a fail safe position. Increases of up to 300% on commercial and industrial properties in Evanston, and increases averaging 82% in Elk Grove, represent a clear message to business that they are being targeted by the Assessor for substantially higher tax bills.
The Property Tax Group at Golan Christie Taglia, LLP. has the experience necessary to successfully contest your assessments throughout the state. Please get in touch if we can help. Contact us at firstname.lastname@example.org.
In the first three townships having a significant commercial and/or industrial tax base, (Norwood Park, Evanston and Elk Grove, the new assessor has been increasing market values by as much 50 to 300%. He claims that properties in the northern suburbs have been grossly underassessed for years, hence a 1-year catch-up was justified. Of course, no consideration was given to the jobs that will be lost as tenants and companies relocate, nor to the investors who will no longer invest in Cook County, nor to the companies that will no longer consider locating in Cook County, nor to the existing companies that will jettison their expansion plans. The same is true for owners of residential income properties that have also experienced significant increases. Who will be able to afford the higher rents that landlords will try to pass on to them? As to the homeowners, many of whom saw only minor increases, what will become of their property values if local jobs disappear and they cannot sell their houses? To date, the assessor has stubbornly refused to grant relief on a vast majority of commercial and industrial appeals, as his property valuations are apparently perfect.
If you don't think your property valuation is "perfect", contact Donald T. Rubin at DTRubin@GCT.law or 312.696.2641 for a discussion and consultation to fight the insanity and reduce your tax burden.
The Never Ending Battle Between Qualifying Factors for Receiving a Charitable Property Tax Exemption
In the never ending battle between the qualifying factors for receiving a charitable property tax exemption as first enunciated in the Korzen case, Methodist Old Peoples Home v. Bernard Korzen, County Treasurer, et al, 233 N.E, 2d, 537, 39 Ill.2d 149 (1968), the Illinois Supreme Court initially set forth the following criteria for successfully obtaining a property tax exemption.
"It has been stated that a charity is a gift to be applied...consistently with existing laws, for the benefit of an indefinite number of persons, persuading them to an educational or religious conviction for their general welfare--or in some way reducing the burdens of government; that the distinctive characteristics of a charitable institution are that it has no capital, capital stock or shareholders, earns no profits or dividends, but rather derives its funds from public and private charity and holds them in trust for the objects and purposes expressed in its charter". The court goes on to say "that a charitable and beneficent institution is one which dispenses charity to all who need and apply for it, does not provide gain or profit in a private sense to any person connected with it, and does not appear to place obstacles of any character in the way of those who need and would avail themselves of the charitable benefits it dispenses."
In responding to a rather convoluted plurality decision in the Provena Covenant Medical Center v. Department of Revenue case, 236 Ill.2d 368 (2010), which found that Provena failed to meet the requirements for a charitable use exemption from property taxes, the Illinois Legislature hurriedly enacted 35 ILCS 200/186, which appeared to pave the way for hospitals to acquire exempt status simply by proving that the value of the charitable services they provided either met or exceeded their possible property tax liability.
In the pending case, Plaintiff Carle is arguing that the charitable use requirements as set forth in Korzen, have been reduced to just two factors by the recent decision in Oswald v. Hamer, 2018 IL. Docket No. 122203 (September 20, 2018), because the Supreme Court did not reiterate all of the requirements as set forth in Korzen. The trial court states that Plaintiff, Carle "submits that the new test is outlined in paragraphs 15-17 of Oswald and includes that 1) they provide charity for the benefit of an indefinite number of persons which reduces the burdens of government and 2) their primary purpose is charitable". Defendant, Illinois Department of Revenue alleges the Oswald decision did not change any of the Korzen requirements.
In the trial court opinion, (Memorandum Opinion on Cross-Motions for Summary Determination of a Major Issue/Case Management Order (11/26/18) the judge states:
"Would it have been helpful to lower courts, practitioners and property owners had the Illinois Supreme Court been more specific and given greater guidance? Of course. They could have said: "We overrule Korzen" They could have said: "We find that only "use" factors and not "ownership factors from Korzen apply." They could have said" "We find that all of the Korzen factors constitute the constitutional test." They could have said: "We find that all the Korzen factors constitute the constitutional test, however depending on the facts and circumstances of a case, some factors may be inapplicable or can be given greater/lesser weight?" The trial court decision states: "In the end, this Court agrees with the Defendants that Oswald does not eliminate or reduce the Korzen factors."
In this author's opinion, Carle will once again be finding its way back to the Supreme Court for
Learn more about what follows the Property Tax Appeal Board by contacting Donald T. Rubin at DTRubin@GCT.law or 312.696.2641.
A board of review decision can also be appealed directly to a circuit court. It’s an option that taxpayers often overlook!
By James W. Chipman
Boards of review don’t have the final say about property tax assessments, however they’re a necessary stop in the appeal process. Taxpayers who are unhappy with their board decision have two options: appeal to the state Property Tax Appeal Board (PTAB) as described in my Aug. 24, Sept. 12 and Nov. 27 blogs; or, file a tax objection complaint in the circuit court. You cannot file appeals in both venues. The good news is that taxpayers who miss the 30-day filing deadline for taking an appeal to the PTAB still have time to pursue the tax objection remedy.
Filing a tax objection complaint, the lesser known of the two alternatives, involves a formalized legal process that’s full of conditions, requirements and deadlines that make it a potential minefield for inexperienced taxpayers or attorneys. While tax objection cases are more common in Cook County than elsewhere in the state, here’s what a taxpayer can expect if they choose this remedy.
Before going to court
Prior to filing a tax objection complaint, the taxpayer must pay the entire tax due on the property* on time and have filed an appeal with the board of review at the appropriate time**. Once these requirements are met and a complaint is filed, 100% of the taxes are considered paid under protest.
The court process
The process begins when a complaint is filed in the circuit court of the county where the property is located. The complaint must specify the reasons why the assessment is excessive. Any number of factual and legal arguments can be made, but in most cases, it’s about whether the fair market value of the property is accurate. The county collector or treasurer is named as a defendant but is not required to file a response to the complaint. The state’s attorney, who acts as legal counsel for the county, generally represents the collector. A tax objection case is subject to rules of practice and procedure, including discovery. This means each party can subpoena documents and witnesses.
Taxpayers face an uphill battle. When a case goes to trial, there’s a rebuttable presumption that the property assessment is correct and legal and taxpayers must overcome this presumed correctness by clear and convincing evidence.*** That’s the highest burden of proof in a civil matter. A judge sitting without a jury hears the case de novo, or anew, and will make one of the following rulings:
Confirm the assessment.
Grant a reduction and order a refund, in which case the taxpayer is entitled to interest.
Or, in certain instances, increase an assessment if it’s felt the evidence tendered by the taxing body is superior to that filed by the taxpayer.
After the court’s ruling
The taxpayer or the collector can appeal an adverse ruling through the court system just like in any other civil matter.**** However, with any court appeal, there are strict time limits and procedural rules that govern the process.
Taxpayers have choices when it comes to appealing their property tax assessments. Going to court is one worth considering as it can actually result in a faster decision being made than if the case had been appealed to the PTAB.
If you want to learn whether filing a tax objection complaint may be your best alternative, please contact Donald T. Rubin at DTRubin@GCT.law or 312.696.2641.
*35 ILCS 200/23-5 (The process is different in Cook County – see 35 ILCS 200/23-5 & 23-10)
**35 ILCS 200/23-10
***35 ILCS 200/23-15(b)(2)
****35 ILCS 200/23-15(c)
By Donald T. Rubin and James W. Chipman
There’s a remedy for correcting errors or mistakes in a property tax assessment even after the deadline for appealing to an assessor or board of review has passed.
Mistakes happen. If a mistake occurs in the property tax process, it could be costly if not corrected. Fortunately, some errors are fixable -- even those that may have occurred in a previous year or years -- thanks to what is known as a Certificate of Error, or in property tax parlance, a C of E. When an assessment error is discovered, taxpayers can seek relief by filing a C of E with local assessing officials. However, be advised that the granting of a C of E by an assessing authority is discretionary, not mandatory.
In Cook County, the assessor can consider the correction of an assessment error going back as far as 3-years, whereas most other counties will only consider a current year correction or one for just the year prior to the current tax year. In Cook County, the Assessor will generally only issue C of E’s to applicants who did not previously file an appeal for the year or years in question.
DEFINING WHAT IS WRONG TO MAKE IT RIGHT
A Certificate of Error is a written acknowledgement by either the county supervisor of assessments (chief county assessment officer) or the board of review that there has been an error made during the course of deriving a value for your property that has resulted in an excessive assessment. The C of E law can be used to correct problems such as mathematical errors, incorrect descriptions of property, duplicate assessments, and improvements that have been damaged or destroyed. It also can apply to cases where an exemption for which a property was eligible, but the exemption was not applied to the tax bill.
There are some instances that cannot be remedied by a C of E, including “errors of judgment as to the valuation of the property" (although in Cook County, particularly egregious errors in judgement may be correctable).”* In most instances, ordinary valuation disputes about market value or lack of uniformity can only be resolved by filing a timely appeal with the board of review and the state Property Tax Appeal Board (PTAB).
C OF E PROCESS AND PROCEDURE
In Illinois counties outside of Cook County, the C of E process is initiated whenever the supervisor of assessments or the board of review discovers an error, or upon the taxpayer’s initiative. A C of E requires the approval of the supervisor of assessments and a majority of the board of review. It is then forwarded to the county clerk and treasurer.
Interestingly, a taxpayer isn’t entitled to notice and an opportunity to be heard. In fact, local assessing officials can fix a mistake without the taxpayer’s knowledge or input. Should the county treasurer refund money because of a C of E, the taxpayer is entitled to 0.5% interest per month.**
LIMITATIONS AND THE NEED FOR AN ANNUAL REVIEW
Generally, a C of E can be issued “at any time before judgment or order of sale is entered” in a proceeding to collect unpaid taxes on a property.*** The term “judgment” refers to the annual tax sale that typically takes place within 60 days after the second installment of taxes is due.
While local assessing officials must act before the annual application for judgment, a 1977 Illinois Attorney General opinion added a further limitation finding that the period in which a C of E may be issued expires when a taxpayer files an appeal with the PTAB or when the PTAB renders a decision.****
Like it or not, the valuation of property is an art, not a science, so the property tax process is subject to mistakes. That’s why an annual review of your property assessment and tax bill for accuracy is time well spent.
If you believe that you found an error or mistake in the value of your property, contact Donald T. Rubin at DTRubin@GCT.law or 312.696.2641 for legal advice on whether a C of E is available to address your situation.
*35 ILCS 200/14-20 (The certificate of error process differs in Cook County – see 35 ILCS 200/14-10 & 200/14-15)
**35 ILCS 200/20-178
***35 ILCS 200/14-20
****IL Atty. Gen. Op. No. S-1307 (1977)
By James W. Chipman
Wind energy devices have proliferated across the central Illinois landscape in recent years. Get wind of how the assessment process works by talking to a property tax attorney.
Illinois is home to both the Windy City and a very flat, windy prairie. When the state’s first wind turbine went online in rural Lee County in 2003, no one could have guessed that 15 years later over 2,600 of these devices would be operational and account for 6.2% of all in-state electrical production.*
Wind turbines convert the wind’s kinetic energy into electrical energy for commercial sale. Most turbines are located in rural settings where land is rented from the property owner, usually a farmer. The company that installed the turbine pays the taxes, and the farmer receives an annual royalty. One individual “wind farm” typically occupies about an acre of land.
TWISTING IN THE WIND
Because wind turbines have both real and personal property components, assessment criteria varied from county to county based on a jurisdiction’s treatment of classifying property prior to 1979. (Real and personal property classification is still unsettled law.) Inconsistent and confusing assessments were frequently the subject of appeals before boards of review and the state’s Property Tax Appeal Board.** Eventually, it became clear that the wind farm valuation process needed a legislative solution.
WINDS OF CHANGE
A 2007 change in Illinois law made the state even more attractive to wind developers when a uniform system of tax assessment was finally adopted.*** The “market value” of a turbine is $360,000 per megawatt of capacity adjusted annually for inflation by a trending factor. An amount for physical depreciation is then deducted from the “trended real property cost” to determine the assessed value [($360,000 x trending factor) – depreciation = assessed value]. Wind turbine operators must have a surveyor prepare a plat that includes a metes and bounds description of the area surrounding the turbine over which the owner exercises exclusive control.
Although wind turbine assessments are now computed annually under the state formula, assessments can be challenged if the turbine is affected by what appraisers call “functional and external obsolescence.” These two forms of depreciation differ from physical depreciation, which is deterioration of property due to age and wear. Functional obsolescence occurs when conditions exist within the property—such as an outdated design feature—that cannot be easily changed, as opposed to external or economic obsolescence, which is due to negative influences outside the property and are usually not fixable.
Don’t throw caution to the wind. If you have questions about a wind farm assessment, call a property tax attorney for answers.
Learn more about wind farm assessments by contacting Jim at JWChipman@GCTSpringfield.law or 217.391.6858.
*“Wind Energy in Illinois” U.S. Wind Energy State Facts. American Wind Energy Association (2017)
**Property Tax Appeal Board decision (#06-2736.001-C-2: Pike Co.), Feb. 23, 2010
***35 ILCS 200/10-600 et seq.
By James W. Chipman
Unfavorable PTAB rulings often lead to an uphill battle in court, but working with an experienced property tax attorney can ensure you are well-positioned for a positive outcome.
When taking a case to the Property Tax Appeal Board (PTAB), it’s only natural to hope for the best. However, not everyone receives the result they desire. Fortunately, any party dissatisfied with a PTAB decision can appeal it.*
The PTAB is an independent state agency that hears appeals from boards of reviews on the valuation of assessed property. Appeals are heard “de novo,” which means a fresh start. A new administrative record is made at the PTAB that includes all of the evidence and testimony offered by the taxpayer and the board of review whose decision was appealed. The PTAB operates informally with relaxed rules of evidence and practice.**
A word to the wise is in order for anyone who wishes to appeal their PTAB decision—courts apply strict standards of review to the decision of an administrative agency such as the PTAB.
The court’s only job on appeal is to look at the administrative record and see if any errors were made by the PTAB. The appealing party has the burden of convincing the court the decision was wrong. No new or additional evidence can be submitted by anyone. There is a rebuttable presumption that the PTAB’s decision was correct, and unless an opposite result is clearly evident to the court, the decision will be upheld.
Courts won’t reassess witness credibility, reweigh evidence or make an independent determination of facts. PTAB legal interpretations aren’t binding on a court, but they are given great weight and deference.
Conventional wisdom may tell you that overturning a PTAB decision is an impossible feat, but the truth is, they are reversed more often than you think. Sometimes, the best offense is having the best defense.
AN OUNCE OF PREVENTION
Some taxpayers are frustrated after losing their PTAB appeal because they felt like they had the best evidence and made a good presentation at the hearing.
PTAB decisions are based on the evidence and testimony that was made part of the record. Thus, creating a complete record that accurately reflects arguments is critical—everything filed and discussed at a hearing becomes a permanent part of the record that follows you through the court review process, including the reasons why you lost the appeal. Therefore, building a defensible record is the single most important thing you can do to prepare for a PTAB or future court appeal.
There are no guarantees in the property tax appeal process. However, if you want to increase your chances of success, consult a property tax attorney who will work with you from start to finish. They’ll ensure that even if you get a negative result from the PTAB, you’ve got a good record upon which to pursue a court challenge.
Learn more about what follows the Property Tax Appeal Board by contacting Donald T. Rubin at DTRubin@GCT.law or 312.696.2641.
*35 ILCS 200/16-195
**35 ILCS 200/16-180
By James W. Chipman
Beginning on January 1, 2019, every property assessment in Illinois outside of Cook County will be fair game for assessors. Here’s what you need to know.
Illinois law requires a general assessment of all property in the state to be made every four years, except in Cook County.*
In less than three months, assessing officials will begin the painstaking process of systemically reviewing each property in their jurisdiction. A general assessment, also known as a “reassessment” or a “quadrennial assessment,” helps ensure that properties are assessed at or near a required level of assessment, which in Illinois is 33 1/3% of market value. Keeping assessments up to date equalizes property values and helps eliminate unfair assessments or “sticker shock” that taxpayers can experience when assessments are not periodically reviewed.
During general assessment years, assessors must value a large number of properties in a relatively short period of time. That’s why they often rely on “trending” and “mass appraisal” models to assist them. Trending is applying a positive or negative factor to a designated group of properties to reflect changes in market conditions over a period of time, usually the three intervening years between general assessments. Thus, a 10% trending factor would indicate that property values have increased by 10%. Mass appraisal involves developing values for a large group of properties by using current data that is based on one of three accepted approaches to determining value—cost, market or income.
Relying on these rigid valuation models can often lead to errors in valuing property because of their inability to recognize differences in the physical characteristics of properties in a given area. Additionally, use of either model doesn’t mean that all the properties in a jurisdiction will be uniformly and equitably assessed.
WHAT TO EXPECT IN 2019
- Assessors are required to “actually view” each property in a general assessment year.** This may involve simply driving by your property to document any exterior changes, or making a formal request to take a look inside. If you receive such a request, you have options.
- Mailers may be sent asking you to correct or update your property’s information. Accurate information on your property record card is critical and pointing out errors to the assessor can work in your favor.
- Finally, you’re entitled to notice. Every four years when property is reassessed outside of Cook County, a complete list of assessments must be published in a local newspaper of general circulation. Publication also serves notice on taxpayers that they have 30 days to challenge their assessments. Taxpayers who don’t file within this time frame must wait until the following year.
History tells us taxpayers should expect assessment increases in a general assessment year based on market changes that took place three years earlier. Making sure your assessment is fair and equitable in the first year of a general assessment can eliminate the need for appeals in the next three years. If that sounds appealing, talk to a property tax attorney once your 2019 assessment is published because the 30-day clock will be ticking.
For more information on the how the quadrennial event could impact you and your assessment, contact Donald T. Rubin at DTRubin@GCT.law or 312.696.2641.
*35 ILCS 200/9-215 & 9-225 (Property in Cook County is assessed triennially under 35 ILCS 200/9-220)
**35 ILCS 200/9-155
By James W. Chipman
Although the Illinois tax on personal property was eliminated nearly four decades ago, the approach to classifying real and personal property remains controversial.
Before Illinois’ personal property tax was abolished, both real and personal property were assessed and taxed the same. Nobody cared if property was called “real” or “personal.” But when the tax on individuals was eliminated in 1970 and its corporate counterpart was phased out nine years later through a constitutional amendment, classifying property as real or personal suddenly became a big deal. Since then, only real property has been taxed.
BEATING A DEAD HORSE
The personal property tax, however, has died a very slow death. After its elimination, the courts and Property Tax Appeal Board (PTAB), a quasi-judicial state agency that reviews local assessment disputes, began hearing multi-million dollar appeals where businesses claimed assessors were arbitrarily switching property classifications from personal to real to replace lost tax revenue generated by the old tax. The practice still occurs today.
A 40-year track record of these appeals suggests a subtle erosion of the personal property exemption and raises the question of whether the tax really was eradicated. Throughout its history, the tax was regarded by many as burdensome, unfair and even scandalous. Personal property returns were often not filed or grossly understated, and little effort was made by assessing officials to verify figures or ensure that all taxable property was accounted for.
Before the personal property tax on corporations was repealed, lawmakers had to come up with a replacement tax. They chose to impose a corporate income tax surcharge and an invested capital tax on regulated public utilities that would be state collected and, it was thought, have a far greater annual growth rate than its predecessor tax.
STATUS QUO UNIFORMITY
The replacement tax, however, only solved part of the problem. Because there was no statewide classification scheme when the personal property tax was eliminated, the legislature decided to preserve or freeze the pre-1979 assessment practices of assessors in each county over time to prevent widespread reclassification of property. Essentially, each county’s 1979 classifications of property as real or personal would control current and future classifications.* This preservation of the status quo meant there would be uniform treatment of property within a county, but not across county lines, meaning it was legal to have different classifications for the same type of property from one county to the next.
During the past four decades, classification disputes have focused mainly on process machinery and equipment, which were once listed among 36 classes of personal property in an old state law and assessor manuals.
Litigation over reclassification began shortly after the tax was eliminated in 1979 and continues to this day. Many of the lawsuits were decided based on agreements made by the taxpayer and the assessor** or on the pre-1979 assessment policy of the disputed property in a county.***
Today, some assessors may occasionally engage in selective reclassification when a new business locates in their jurisdiction or machinery and equipment are upgraded in an existing manufacturing plant. Whether acting in good faith or not, assessors must interpret and apply the law, however confusing. As time passes, historical classification practices from the 1970s are difficult to ascertain as participants change and business records are destroyed.
As assessments are reviewed and updated every four years, businesses should be on guard for signs of reclassification, particularly in 2019 when the entire state will experience a reassessment. If your business’s property assessment rises significantly in just one year, call a property tax attorney to help you pinpoint the cause and advise you on how best to proceed.
*35 ILCS 200/24-5
**Central Illinois Light Co. v. Johnson, 84 Ill.2d 275 (1981)
***Commonwealth Edison Co. v. Property Tax Appeal Board, 219 Ill.App.3d 550 (2d Dist. 1991), appeal denied; Oregon Community Unit School District #220 v. Property Tax Appeal Board, 285 Ill.App.3d 170 (2d Dist. 1996)
By James W. Chipman
Any corporate taxpayer contemplating an appeal should call a property tax attorney sooner rather than later.
A corporation is considered a person under the law, albeit an artificial one. It sounds like an odd concept, but it’s been around for a while. Odder yet is that corporate personal rights exist and are expanding. Pro se or self-representation is a right that’s as old as our Constitution. In the property tax appeal process, an individual can always represent themselves, but does the same rule apply to a corporation? It depends.
Illinois has a multilevel property tax appeal system. The taxpayer must file locally with the county board of review. They also have the option to go the state Property Tax Appeal Board (PTAB). These two administrative bodies decide most of the appeals that are filed statewide each year. Because administrative agencies are considered quasi-judicial bodies and not courts, they aren’t bound by strict rules of procedure. They can write their own rules of practice and enforce them as long as they comply with the law.
The PTAB hears appeals from the boards of review and is the final arbitrator in the administrative process before court. The PTAB bans corporations, limited liability companies (LLCs) and other similar entities from appearing on their own behalf at any stage of a board appeal.* That rule was put into effect based on the assertion that the representation of anyone other than themselves constitutes the practice of law that can only be done by a licensed attorney. There’s also the matter of conflicting interests—attorney representation of a corporation ensures that a company’s legal interests come first and don’t conflict with the interests of a director, officer or agent.
While many boards of review have taken the PTAB’s lead and required a corporate taxpayer to be represented by an attorney, the rules vary from county to county. Some boards allow a corporation to be represented by other parties but may require the company to sign an authorization form. Other boards don’t even address representation in their rules.
The question of whether corporate representation by an attorney is required in an administrative hearing was considered by the Illinois Supreme Court just last year. The case involved a limited liability corporation represented by a non-attorney in the City of Chicago’s department of hearings over what constitutes due process in an administrative hearing. The court declined to answer the representation question, finding it wasn’t necessary for a resolution of the case.**
THE SAFE HARBOR APPROACH
Deciding to appeal your company’s property tax assessment can be a complicated undertaking that requires a great deal of time and expertise. Companies shouldn’t attempt to represent themselves at any board of review hearing, even if the practice is allowed.
It’s always wise to engage the services of a property tax attorney, whether or not it’s required, because while some mistakes can be fixed, others can’t. Proceeding on your own could mean missing a deadline, not knowing what evidence to submit or lacking a detailed understanding of the rules of practice and procedure. These elements are often challenging for any person—natural or artificial—to navigate, thus having an experienced property tax attorney on your side is the way to go.
*ILL. ADMIN. CODE tit. 86, §1910.70 (c)
**Stone Street Partners, LLC, v. The City of Chicago Department of Administrative Hearings, 2017 IL 117720
By James W. Chipman
While the appeal process now includes more transparency, understanding the best way to proceed and succeed often requires the assistance of a trusted property tax attorney.
Each county in Illinois has a three-member panel called the board of review, which acts as an intermediary between township assessors and taxpayers. Boards hear and decide assessment complaints after giving taxpayers an opportunity to be heard. They also make rules so that the appeal process is orderly and fair.
In the past, however, the process might have seemed anything but fair to property owners or attorneys who showed up for a board hearing only to learn that a taxing district had intervened or that the assessor had evidence supporting his value in the appeal. It’s no wonder this practice became widely known as “hearing by ambush.” Fortunately, things have changed.
FAIR IS FAIR
Public Act 99-0098, which took effect on January 1, 2016, allows taxpayers to take some comfort in knowing that everyone is now playing by the same set of rules. PA 99-0098 requires taxing districts to file a notice to intervene at least five days prior to a hearing. In addition, if the board of review requires the taxpayer to submit evidence in advance, any evidence supporting the assessor’s or intervenor’s value must be submitted at least five days before the hearing to the board and the property owner or their attorney.
PA 99-0098 also applies the mailbox rule to boards of review. This is a rule of contract law that says an offer is considered accepted at the time the acceptance is mailed. Under PA 99-0098, documents sent by US mail or another delivery service are considered filed as of the postmark date or the shipper’s tracking label or in the case of email, the date the correspondence is sent. This law, however, does not apply in Cook County.
FURTHER ROOM FOR IMPROVEMENT
While PA 99-0098 makes the process more fair and balanced, taxpayers still face additional challenges. Boards of review aren’t obligated to correct an assessment even if the complaining taxpayer has proven their case. All they are required to do is review an assessment and change it “as appears to be just.”* Taxpayers that are denied relief must go one step further and either file a lawsuit in court or appeal to the state Property Tax Appeal Board (PTAB)—but you can’t do both.
A property tax attorney who is skilled in the appeal process can explain the pros and cons of going either to court or the PTAB. They’ll also have valuable insight about the filing deadlines, burdens of proof, expected turnaround times and the types of evidence that are likely to succeed in each venue.
* Source: 35 ILCS 200/16-55 (a)
By James W. Chipman
No matter where you live or what type of property you own, you may qualify for any number of special tax incentives that could save you hundreds or even thousands of dollars.
Illinois may be second in the nation when it comes to the highest property tax burden, but the Prairie State offers its fair share of tax breaks too. Here are a few of the laws designed to help homeowners and businesses cut their taxes.
Exemptions that reduce the assessed value of your home:
- General Homestead: Taxpayers can receive a maximum exemption of $6,000 for an owner-occupied residence ($10,000 in Cook County).
- Senior Citizen: Homeowners age 65+ can receive a $5,000 exemption for an owner-occupied property ($8,000 in Cook County). An annual application is required.
- Senior Freeze: Senior citizens who live in an owner-occupied home and meet certain income levels may have their assessments frozen. An annual application is required.
- Home Improvement: Owners can make up to $75,000 worth of property improvements without an increase in taxes for at least four years from the date of completion and occupancy, or until the next reassessment, whichever is later.
- Returning Veterans: Veterans returning from active duty who own and occupy a property as their principal residence are entitled to a $5,000 exemption for two consecutive years.
Special valuation incentives for homes and businesses:
- Open Space: Land containing 10+ acres that is used exclusively for maintaining natural or scenic resources or promoting conservation of natural resources for the last three years is eligible for an assessment based on “use value,” which is significantly less than market value. Public and private golf courses qualify. This law can help residential owners with large undeveloped tracts and businesses holding excess land for future expansion.
- Farmland: Land is eligible for a farmland assessment provided it meets the definition of “farm” and has been in that use for the two preceding years. This can include any property used solely for a variety of agricultural purposes with no acreage requirement. Farming must be the primary use of the land, and like open space, this assessment is based on use value.
- Solar Heating and Cooling: When a solar energy system is installed on a property, the owner may apply for an alternate assessment. The improvement is then assessed as if heated or cooled by conventional means and with the solar energy system—the alternate valuation is the lesser of these two values.
Special valuation incentives for businesses only:
- Model Home: A dwelling, condominium or townhome used as a display or demonstration model for prospective buyers is to be assessed at its value prior to construction or a zoning classification change. The home can be furnished and even used as an office. The lower assessed value remains in effect until the home is sold or leased for use other than a model home.
- Developer’s Exemption (excludes Cook County): This exemption encourages real estate development by protecting developers from paying higher taxes until a return on investment can be realized. It applies to acreage in transition from vacant land to a residential, commercial or industrial use. The tax break ends when a lot is sold or used for a business or residential purpose, or a habitable structure is built on a lot.
For more information and to determine whether your property is eligible for an exemption or incentive, contact a property tax attorney today. They’ll take you through each step required to qualify your property for these tax reducing benefits.
By James W. Chipman
As an owner, you’re entitled to your privacy. However, denying a request for an interior inspection could work against you without a property tax attorney to assist.
Township assessors will begin giving all properties in their jurisdiction a look when the 2019 reassessment period begins on January 1. State law requires property in Illinois to be reassessed once every four years, while it’s every three years in Cook County. But just how close of a look are assessors entitled to take?
Assessors often gather data from a variety of sources in order to calculate your property’s market value. If there is not enough information, or in the case of new construction, assessors may ask to inspect the interior of your property.
LET THEM IN? IT’S YOUR CALL
Deciding whether or not to allow access depends on your situation. Letting them in could seem reasonable in order for the assessor to carry out his or her duties. On the other hand, you are entitled to your privacy and might see an interior inspection as unnecessary and intrusive.
There is no law in Illinois that specifically gives assessors a right of entry into your property without permission. The courts made it clear in 1986 that interior inspections are not required for assessment purposes, stating “[t]here is a distinct and palpable difference between inspections necessary for the public’s safety and well-being and an inspection to determine real estate assessments on private property.”*
In other words, your ability to exclude others is a fundamental part of your right to the enjoyment of private property. It can only be infringed upon in very limited circumstances when the government has a legitimate concern for public safety.
DETERMINE WHAT’S BEST FOR YOU
While refusing the assessor access is within your rights, that decision requires them to make certain assumptions about your property that may not work in your favor. For example, without an inspection, the assessor may overestimate your property’s size or miss deferred maintenance issues that affect its condition. If you believe your taxes are too high, it could be because the assessor made prior incorrect assumptions about your property. You can file an appeal based on the erroneous information, but the burden of proof will be on you to show that the assessment is wrong.
Property assessments are intended to reflect market values so equity and uniformity can be maintained. While market values can change dramatically between reassessment periods, once properties are reassessed, assessments typically stay the same until the next cycle, unless there is substantial cause to change them.
If an assessor wants access to your home or business, contact a property tax attorney immediately to determine what approach is in your best interests. It could very well be a situation where your attorney can answer and address any questions or concerns about your property without an interior inspection.
*Source: County of Fulton v. Property Tax Appeal Board of the State of Illinois, #3-86-0125 (1986)
By James W. Chipman
Reviewing your property record card for errors or misjudgments could lead to a reduction in your assessment and overall tax liability.
An easy way to reduce your property’s assessment—and ultimately your tax liability—is to find and correct any inaccuracies that appear on your property record card.
The Illinois Freedom of Information Act makes property tax assessments and other public records subject to inspection and copying, with certain exceptions.* That’s just one more reason to periodically check your property record card for errors, discrepancies or outdated information.
Property record cards are kept locally by either your assessor or the county assessor. Most cards are two-sided and contain details ranging from a property’s age and size to its sales history and other data used to determine the assessment. With that much information, mistakes are bound to happen. Here’s a closer look at what you’ll find on your property record card:
- Owner’s name and address
- Legal description
- Parcel identification number (PIN)
- Sales and assessment history of the property
- Picture of improvement(s), if applicable
- Square footage of the site or land, front footage and depth or acreage
- How the land assessment was computed
Adjustments to the land may be made for factors that negatively affect its value, such as location, traffic, topography or aesthetics. Site information may include a “neighborhood” factor commonly used for calculating assessments—land assessments should be uniform for each property within the same neighborhood. Make sure the land dimensions are correct and cross check the assessor’s figures with any other property documents you have in your possession (i.e., real estate contract, deed, title or appraisal).
Finally, one often overlooked situation that can affect the value of your property is the presence of an easement, a legal right to a limited use of another's property. For instance, your neighbor may have an access easement to cross over your property to enter or exit their own property.
- Drawing of improvement(s) made by an assessor’s employee who visited your property
- Style (one-story, two-story, tri-level, etc.)
- Construction (brick, frame or stone)
- Number of baths, bedrooms and amenities, such as fireplaces, garages (one- or two-car; attached or detached) and basements (crawl, partial or full; finished or unfinished)
- Building class and condition of the improvement(s)
It is critical to review and confirm all of the above elements for veracity.
Generally, for residences, each section of a dwelling is measured from the outside dimensions. The sections separate livable areas from non-livable areas, such as garages, basements, attics, porches and patios. Check each structure’s measurements and the math done to compute a total living area or square footage. This figure plays a key role in the assessment process, as it is used to calculate a unit value or price per square foot for the improvement.
Building class and condition are judgment calls made by the assessor based on the physical age of the improvement and the rating assigned to the structure definitely impacts your assessment.
The assessor takes all of the specific information obtained about the improvement and arrives at a “cost to replace new” based on uniform cost calculations. After current cost conversion and class factors are applied, the replacement cost is then reduced by a net depreciation which determines the building value and the assessment. Cost estimates, while an acceptable approach to valuing property, often times are not representative of the marketplace, and thus, are not the preferred method of valuation.
IMPORTANCE OF ACCURACY
Inaccuracies on your property record card may be the result of a mathematical error or a degree of discretion or judgment. A significant change in any of your property’s characteristics or features will most likely result in some assessment relief.
If there is no plausible explanation for an error, a taxpayer has several remedies. Consulting a property tax attorney is the best way for determining how to resolve the issue.
*Source: 5 ILCS 140/1 through 140/11.6
By James W. Chipman
From understanding complicated laws to knowing how to dispute exorbitant assessments, having an expert on your side can ensure you’re not overpaying when it comes to property taxes.
Property taxes affect us all, whether we’re paying them directly or receiving services or benefits covered by the tax. That’s especially true in Illinois, where property taxes are the 2nd highest in the nation, behind only New Jersey.*
As the owner of a home or a business, your taxes help pay for education, public safety, infrastructure, emergency response and a variety of social services. But you don’t want to pay more than necessary, something a real estate tax attorney can ensure by considering the following factors:
1. Illinois reassessment in 2019: Township assessors are required by law to view, inspect and reassess each property in their jurisdiction once every 4 years. In Cook County, property is reassessed every 3 years. Reassessments ensure assessments are fair and equitable on a countywide basis—given there are typically more individual changes made in general assessment years, significant increases often occur.
2. Vague, complex tax laws: Frequent changes in these laws only compound the problem. Different interpretations can create legal uncertainty and possibly result in different tax consequences for property owners.
3. Differences for businesses vs. residential properties: In Cook County, businesses are assessed at 25% of market value, while single-family homes and multi-family properties are assessed at just 10%. Businesses can be singled out and experience higher tax burdens than residences.
4. Inconsistent, subjective and unknown methods of valuation: Some assessing officials use a “mass appraisal” approach in which a large number of properties are valued simultaneously using standardized procedures. However, one size does not fit all. Many properties are not typical and require special individualized attention.
5. Ability to challenge unfair and excessive assessments: Taxpayers who wish to appeal their assessments have several options. Each option, however, comes with its own set of deadlines. One common mistake many taxpayers make is to wait for the tax bill to arrive in the mail. By then, appeal periods have expired and the only recourse is to pay the tax and wait until the following year to file an appeal.
A real estate tax attorney can represent you in all stages of the property tax appeal process, from the research, preparation and filing to representation before the assessor and local and state boards. The benefits of having an expert on your side heavily outweigh the cost of service, or even worse, the potential cost of making a mistake.
Most people and many attorneys are overwhelmed by the complexity of property taxes. Hiring a real estate tax attorney is the best way to make sure you pay your fair share—and no more.
*Source: Chicago Tribune, April 5, 2018