What is the Role of a Property Tax Lawyer?
A property tax attorney is an attorney with specialized knowledge of property taxation and tax assessment law. Their primary function is to represent clients in the preparation and presentation of appeals before the appropriate assessment authorities. In addition, they provide legal advice on any number of property tax-related problems, including tax matters involved in certified public accountant and certified valuation analyst reviews, bankruptcy, collection and tax liens.
The basic duties of a property tax attorney include:
• development of tax strategies
• tax advisory services
• property tax planning
• assessment of tax issues
• analysis of tax documentation and legislation
• tax audit representation
• representation before other tax administrative tribunals and courts
• determination of alternatives for specific taxpayer issues
• ruling request preparation and submission
• tax relief application preparation and submission
• representation before the district court in tax court actions
• resolution of tax disputes
• tax dispute resolution negotiations
As an attorney, the property tax lawyer advises their clients about tax disputes involving their commercial real estate holdings, tangible assets or personal property . They are experts in reducing transactional and operating tax liabilities. An important function served by property tax attorneys is to represent their clients during tax litigation. This representation includes the preparation of pleadings, research on comprehensive state ad valorem tax law, the development of tax reduction and litigation strategies and the attendance at hearings.
They act as a go-between between property tax assessors and appraisers on the one hand, and tax payments and assessments offices, as well as state and federal courts on the other. They work for real estate companies, automobile dealerships, manufacturers, insurance companies and railroads on their property tax disputes.
Advantages of a Free Consultation with a Property Tax Lawyer
A complimentary consultation with a property tax attorney can be an opportunity to gain relevant information about your case and the legal options available. Many clients assume that they must hire an attorney before they can learn what their case is worth, but this is not necessarily true. With a free consultation, clients are invited to assess whether or not they should pursue a case and what type of argument to use in their negotiations. Many attorneys are dedicated to providing free consultations and advice to the public because they value the ability to help others and look for cases they think they can win. If you are seeking representation for an upcoming case, read on to learn more about the process.
Tips for Finding a Competent Property Tax Lawyer Nearby
Locating a qualified and experienced property tax attorney near you is an integral first step towards successful property tax debt resolution. There are several methods in which to be introduced to a property tax attorney:
Online Resources
Referrals
You may be interested in hiring a property tax lawyer that has attained membership with the American Bar Association. The ABA, as well as many state and local bar associations, allows the public to access their member directory; providing their members’ contact information to the general public, as well as other biographical information that is freely accessible. In addition, members of the public can search for their property tax attorney by name. While most online sources do not require an attorney to be a member of the American Bar Association, some, like Avvo.com, have made this a requirement for listing.
The majority of property tax attorneys are not traditional "street lawyers" looking for walk-in clients. This means that the best way to locate a property tax attorney for tax debt resolution is through referrals. Those who have dealt with a property tax debt situation in the past and have satisfied their tax debt, are typically eager to provide you with the name of their attorney-of-choice. Friends, family, and business associates are usually the first to jump to mind, however, your contacts may not be familiar with a property tax attorney. The next best source for a referral is the same online directories listed above.
What to Anticipate During a Free Consultation
During the free consultation, the property tax attorney will typically ask a series of questions to understand your unique situation better. They may start with information about your property, such as its location, size, type, recent sale price, and the current assessed value. They’ll also want to know if this is the first time you’ve considered appealing your assessment or if you have previous experience with property tax appeals.
Your attorney may also probe into why you believe your assessment is incorrect. Perhaps your property has certain limitations that were not considered during the assessment process, or you believe it is overvalued compared to similar properties in your area. Gathering this information upfront will allow them to prepare your case more effectively .
Additionally, they may inquire about your financial situation, including any previous challenges you’ve had in paying your property taxes, which can be useful if it comes down to appealing your property tax bill in the future. The attorney will likely inform you about their fee structure, understanding that fees may vary depending on the complexity of your case.
It’s good practice to prepare a list of your own questions to get a better feel for how the lawyer operates and whether you’d be comfortable working with them. Ask about their experience with your specific issue and how they plan to approach your case.
Finally, you’ll also have an opportunity to ask questions about the process itself. Ask what exactly the attorney will do for you, as well as how long the entire procedure will take.
Frequently Asked Questions to Ask a Property Tax Lawyer
Finding a property tax attorney that has experience and a winning track record is essential to the success of your property tax appeal. When you have an initial consultation with your property tax attorney, make sure you ask the following questions, to ensure he or she is the right property tax lawyer for you.
What is your experience with property tax disputes? How long have you been practicing property tax law? Have you handled property tax appeals similar to mine in the past?
What will your fees be if my assessment reduction is successful? If my tax savings are minimal, will you still charge me the same amount? Are there fees that I will be responsible for outside of your normal fees? How much do you charge for conducting real estate appraisals, hiring other experts and court filing fees?
How often will you be in contact with me regarding my case’s progress? Will you handle my property tax dispute personally or will someone else be handling my dispute? Are you available during weekends and evenings? Are you available via phone or email?
Deciding on Your Next Steps After a Free Consultation
A free consultation with your property tax attorney will provide you with the information needed to make an informed decision about moving ahead. Your selected property tax attorney should assess where you are in your particular situation and what options are available to you, including whether immediate filing of a tax return is in your best interests. Given the vast array of federal tax consequences of any bankruptcy district, filing quickly may be critical.
Your attorney should be able to explain why and how your taxes qualify for bankruptcy discharge under either chapter 7 or chapter 13. Furthermore , your tax attorney should be able to answer why a Tax Resolution company will not accomplish what a bankruptcy attorney can. Likewise, your tax attorney should be able to explain the difference between micro and macro bankruptcies including how entry into a debtor class affects your tax obligations.
Perhaps most importantly, your attorney should be able to discuss the general time frame for your case and costs that may be involved.