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Commercial Property Appeals in 2014

February 2014

2013 proved to be another challenging year for commercial property owners, who continue to face depressed values and high vacancy rates, as well as expenses related to Superstorm Sandy. It is clearly prudent for commercial, industrial and multi-residential property owners to consider appealing their local real property assessment as one of the key mechanisms for weathering the ongoing difficulties in this real estate market. And now is the time to consider filing a tax appeal for tax year 2014.

On or before February 1, 2014, the assessor for each taxing district issues a “Notice of Assessment,” which lists, among other information, the property assessment for 2014. It is important to understand that unless there has been a district-wide revaluation, the “assessed” value placed on a property is not the “market value” claimed by the municipality. Rather, the municipality must defend the “imputed” or “equalized” value of the property, which takes into account the average assessment in the district as a percentage of the average useable sale in the district. This equalized value is often much higher than the assessment and is the value the municipality must defend. Thus, just looking at the assessment does not inform the decision as to whether a tax appeal is warranted.

An appeal from the 2014 assessment must be filed on or before April 1, 2014. All appeals may be made initially to the County Board of Taxation, but if the assessment (not the market value) exceeds $1,000,000, then the appeal may be made directly to the New Jersey Tax Court. Direct appeals to the Tax Court must also be made by April 1, 2014.

If a property owner has engaged in a major capital investment or expansion of its property, or plans to do so in 2014, the property owner should also seek advice concerning a potential tax appeal because the assessor will impose an “added assessment,” which has a separate filing deadline.

Of note, Wolff & Samson recently obtained a favorable verdict in a precedent setting case in which the appellate court determined that a contract purchaser may have standing to bring a tax appeal even absent a provision in the contract granting that right.

If you are interested in exploring your individual real property tax appeal, Wolff & Samson PC is experienced in the prosecution of commercial, industrial and multi-residential properties, as well as special use properties and hotels. We will be pleased to undertake an initial analysis to determine the potential merits of a tax appeal on your particular property. If you decide to appeal, Wolff & Samson, in many cases, will do so on a contingent fee basis.

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For more information concerning property tax appeals, please contact:
Jill D. Rosenberg ¦ Member of the Firm ¦ (973) 530-2102 ¦ jrosenberg@wolffsamson.com
John F. Casey ¦ Member of the Firm ¦ (973) 530-2017 ¦ jcasey@wolffsamson.com