Deadline to Appeal Tax Valuation in Ohio is Approaching

Is your real estate tax valuation too high?  With the current downturn in the real estate market, many real estate owners have been able to achieve significant real estate tax savings through revaluing their real estate through Ohio’s Board of Revision process.  Complaints to revalue your real estate must be filed with your county Board of Revision before March 31, 2012. 

Once the complaint is filed, you will need to establish a fair market value through an appraisal or an arm’s-length sale.  At a later date, the Board will hold a hearing where your counsel will offer evidence of your property’s fair market value.  Decisions are generally rendered shortly after the hearing.  If a new value is established for your property and you paid tax based on the old (higher) value, your overpayment will be credited against tax due or refunded if no tax is due.

Nicholas George and James Simon are Partners at our law firm Buckingham, Doolittle & Burroughs.  They would be happy to answer questions you may have concerning this article.  They can be reached by calling (330) 376-5300 or by emailing  ngeorge@bdblaw.com or jsimon@bdblaw.com.

Ohio Board of Tax Appeals May Accept Property Valuations Not Previously Presented to the Tax Commissioner

In WCI Steel, Inc. v. Testa, the Ohio Supreme Court recently held that a taxpayer is allowed to introduce a new property valuation or appraisal at the Board of Tax Appeals (BTA) not previously presented to the Ohio Tax Commissioner. Although this case involved Ohio personal property tax, the ruling also applies to real property valuation disputes, as explained by Attorney Steven A. Dimengo in an interview with WKSU. To properly preserve one’s right to dispute the Tax Commissioner’s determination of property value, and therefore present a valuation or appraisal not previously presented to the Tax Commissioner, the taxpayer’s Notice of Appeal to the BTA must: (1) state the objection to the Tax Commissioner’s actions in valuing the property; and (2) identify the treatment the Tax Commissioner should have applied.

In this case, the Supreme Court remanded the case to the BTA to determine the value of the taxpayer’s property, taking into consideration the newly presented appraisal.