Overview

Our attorneys have advised clients on properties located in all 50 states.  Our service offerings include traditional valuation review and litigation of real and personal property tax issues; tax exemption and/or tax incentive structuring, application and maintenance; processing of real property tax payments; assistance with tax accruals; and management of tax notices.  In short, our service offerings are scalable to meet the property tax needs of our clients to both manage the property tax expense and planning as well as the administrative burdens associated with property taxes.

Real Property Valuation

Our tax attorneys work closely with appraisers, property managers, engineers and accountants to identify opportunities to help reduce our clients’ property tax burdens.  Once an opportunity for savings is identified, our attorneys, in concert with our clients and their advisors, develop the appropriate strategy to pursue the opportunity.  Our goal is to ensure that the fair share, and only the fair share, of property taxes are being paid.

On an annual basis, our attorneys work with our clients to identify which properties should be reviewed. Factors to consider involve revaluation cycles by local assessors, new construction, significant changes at a property that could include market changes, decreases in occupancy, decreases in rental rates or government funding sources, casualties such as fire or wind damage or deferred maintenance issues that impact a property’s value. Our process typically involves three stages:

1. A Review of Tax Assessments

Annually, Vorys reviews tax assessments for appropriate properties owned by our clients or where clients may possess the right to challenge the property tax assessments. These properties include those with changed values during the past year or where our clients have identified a need for a new review.

As part of this stage, Vorys:

  • Works in concert with our clients to collect assessment data and financial and structural data for each property.
  • Researches market data and consults with appraisers and others knowledgeable about market values.
  • Evaluates appropriate legal authority to assess the legal issues that may arise in a challenge to the tax valuations, including questions regarding the classification of property as real or personal under state law.
  • Reviews real property tax databases to determine if assessment records accurately reflect physical characteristics of land and structures, including new construction, remodeling, demolition and abandonment.
  • Formulates and documents recommendations to the client regarding the assessed values and potential for tax savings.
  • Reviews valuations of property partially or totally exempt pursuant to state tax incentive programs to ensure fair valuation when those programs expire.
  • Evaluates whether to challenge the tax assessments and the appropriate forum for undertaking such a challenge.  The ultimate decision as to whether to challenge an assessment always remains with our clients.

2. Appropriate Appeal of Tax Assessments

Once a client makes the decision to contest a tax valuation, Vorys represents them in seeking a reduced value. This appeal could be either an informal appeal to the local assessor’s office or a formal filing of a complaint or appeal consistent with state law.

As part of this stage, Vorys:

  • Prepares and files all documents necessary to initiate either the informal or formal review process.  We also prepare and file all documents necessary to appeal any valuation decision until the client has decided to accept the tax valuation secured on its behalf.
  • Identifies, interviews and secures fee quotes from qualified appraisers or other experts.
  • Prepares for and represents the client before taxing authorities, reviewing boards and courts of law.  This includes informal discussions, pre-trial conferences and mediations, trial, oral argument and post-trial conferences.
  • Prepares and files legal memoranda or briefs with the appropriate authorities in support of the requested tax valuation.
  • Represents clients in settlement negotiations with taxing authorities and other interested parties.
  • Prepares and files any necessary documents to secure the agreed upon tax valuations.

3. Post-Appeal Support to Ensure Benefits from the Appeal Are Fully Received

Once a tax valuation is finalized, Vorys confirms that the correct adjustments are made by the taxing authority and secures the correct tax refund/credit.

Results from the recently concluded matters may identify opportunities for future savings for the property at issue or other properties. As part of our ongoing representation, we review the results with client personnel or advisors and identify additional opportunities for savings or additional properties that should be reviewed as part of the next annual review.


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    We partner with our clients to conduct management and oversight of their properties across the country.  See what our clients have to say about how we support them in this area.

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Personal Property Valuation and Appeal

Most states impose taxes on tangible personal property in addition to real property.  Vorys represents clients in tangible personal property tax matters throughout the country.  Often designated as personal property or central assessed property, the machinery, equipment and supporting property, and in some instances inventory, used by businesses is subject to complex state and local tax laws and rules resulting in high values and higher tax rates.  Our attorneys work with these companies and their accountants to properly identify applicable state and local tax law, meet any required reporting to the state or local assessors and departments of revenue, and obtain exemptions if possible.  We also use our knowledge to make sure property is properly classified and not being taxed as both real and tangible property.  If resolution cannot be reached with state or local assessors, Vorys will contest a tax valuation when necessary.

Property Tax Exemptions

Our attorneys regularly review real property tax records for all properties owned – or in the process of being acquired – by our clients for possible new or continuing real property tax exemptions.  We do this work for clients across the country.  We specifically review property descriptions and use new construction detail, property records and pertinent legal authorities to determine eligibility for property tax exemptions.

We then prepare and file applications for property tax exemptions with the appropriate local/state agency, and respond to any requests from such agency regarding these applications.  Where an appeal from the local/state agency becomes necessary, Vorys prepares the appeal and represents our clients before the reviewing board or court.

Property Tax Counsel During Acquisition / Development

When companies acquire real estate holdings, it is paramount to undergo the proper due diligence regarding the tax implications that exist.  Vorys regularly helps clients evaluate properties prior to acquiring them to provide budgeting and underwriting advice.  Our attorneys review and evaluate properties to identify overvalued parcels and estimate potential cost savings that may exist or identify and estimate potential exposure to increased property taxes as a result of the anticipated acquisition.  Where such exposure exists, Vorys assists in identifying and evaluating potential steps to mitigate risk.

For projects under development or in the planning stages, Vorys assists clients in developing real property tax budgets, managing assessments of incomplete improvements, and managing initial assessments once complete.  Where assessors rely upon cost data for their assessments, Vorys ensures proper information is reported to avoid excessive assessments based upon inaccurate data.

Property Tax Payment Services

Property taxes are often the largest non-productive expense incurred by property owners.  Assessment and property tax notices are different than most accounts payable and require a professional understanding of the process.  The collection, review and payment of property tax bills add additional administrative burdens on property owners.  Vorys can collect property tax bills and notices and make payments on your behalf.  We streamline the process, helping you save time and money.  With Vorys handling your tax payments, you will simultaneously benefit from a number of efficiencies and improved property valuation services.  These can lead to a decreased tax burden, more accurate budgeting, and additional time for internal staff to focus on higher priority endeavors.  Our comprehensive service is designed to save you money.

Streamline

The payment of property tax bills and our comprehensive real property tax valuation services go hand in hand.  Without the need for extra layers of administration, Vorys is able to redirect clients’ property tax bills and notices to us, review them with our clients, and make timely payments on their behalf.  We have processes and systems in place that allow us to typically perform these services more efficiently than our clients can internally.

Forecast

While providing legal services associated with property valuation appeals, we continuously monitor expected increases and decreases in real estate taxes.  We are skilled in our ability to accurately estimate taxes due by forecasting reasoned changes based on overall values in the region.  When making the property tax payments on your behalf, we are able to pass this information on for your entire portfolio to improve your budget estimates, not just on the properties we are appealing.

Position

In many jurisdictions across the country, property tax bills are sent just a few weeks prior to the deadline for filing an objection.  When we collect payment notices, Vorys is the first to see and evaluate tax assessors’ estimated values.  This places us in the best position to take necessary action and ensure compliance.

Access

Tax assessors often send precursor documents that indicate bills are on the way – or, in some cases, the proposed tax valuation is sent in advance of the actual bill.  Vorys’ early access to these documents provides advance notice of upcoming tax changes while simultaneously providing the best opportunity to guard against overpayment.

Verify

When Vorys has access to property tax bills, we can ensure that tax assessors have accurately reduced the bills to the amounts agreed upon during the appeal process.  In maintaining control over both the valuation services and the payments, Vorys efficiently ensures that the value changes are processed correctly and in a timely manner.


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    The Evaluator

    At Vorys, we are constantly educating ourselves on the changing real property tax environment. It's our job to stay on top of these changes so you don't have to. We created a quarterly publication, The Evaluator, to provide the relevant information that you need in this area, including summaries of statutory and regulatory adjustments.

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