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Property Tax Appeals: Protecting Your Tax Base and Preserving Your Levy. Ares G. Dalianis Franczek Radelet P.C. agd@franczek.com 312.786.6163. Assessor. Board of Review. No Refund. Refund. PTAB. C of E. TOC. Tax Rate Objections. Property Tax Appeals Overview. Board of Review.

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property tax appeals protecting your tax base and preserving your levy

Property Tax Appeals: Protecting Your Tax Base and Preserving Your Levy

Ares G. Dalianis

Franczek Radelet P.C.

agd@franczek.com

312.786.6163

property tax appeals overview

Assessor

Board of Review

No Refund

Refund

PTAB

C of E

TOC

Tax Rate Objections

Property Tax Appeals Overview
board of review
Board of Review
  • $100,000 change in AV threshold for intervention
  • Expedited process with truncated hearings
  • Pre-tax extension relief
  • Opportunity to fashion multi-year settlements
  • Possibility to preclude later PTAB filings
property tax appeal board
Property Tax Appeal Board
  • $100,000 change in AV threshold for intervention
  • Filed within 30 days of BoR decision
  • 60 days to intervene (including resolution)
  • Full evidentiary hearing
  • Assessment can be decreased, increased or left unchanged
  • Taxpayer relief is a refund
tax objection complaints
Tax Objection Complaints
  • Assessment challenges filed in Circuit Court
  • Filed after 2nd installment is paid
  • No notice to taxing districts
  • Higher burden of proof
  • Intervention allowed with leave of court
  • More formal process than PTAB
  • Taxpayer relief is a refund
certificates of error
Certificates of Error
  • Administrative remedy
  • No notice to taxing districts
  • Typically relate to exempt properties and homestead exemptions
  • Can be used to circumvent PTAB and TOC
  • Significant source of refunds
undervaluation appeals
Undervaluation Appeals
  • Monitor high value properties (top 25)
  • Work with qualified appraisers
  • File at BoR for increase in assessment
    • Increase overall district EAV
  • Pursue further appeals to PTAB
    • Successful appeal yields extra revenue for District
ptab caseload

60,000

50,000

40,000

30,000

20,000

10,000

2005

2006

2007

2008

2009

2010

New Cases

Cases Closed

Cases Pending

PTAB Caseload
dupage county board of review

Number of Complaints Filed

14,000

12,000

12,943

10,000

8,000

8,141

6,000

6,651

4,000

4,519

4,477

2,000

2007

2008

2009

2010

2011

DuPage County Board of Review
lake county board of review

Number of Complaints Filed

26,000

25,490

22,000

18,000

17,268

14,000

16,045

10,000

7,279

9,760

6,000

2007

2008

2009

2010

2011

Lake County Board of Review
why is tif so popular
Why Is TIF So Popular?
  • Almost Complete Control by the Municipality
  • Increased Tax Revenue
  • Competition with Neighboring Municipalities
  • Entrepreneurial Nature of Economic Development
managing tifs
Managing TIFs
  • Participate in Joint Review Boards
  • Monitor TIF District Expenditures
  • Know When a TIF District is About to Expire
    • One time opportunity to increase levy above CPI
    • What to do when a TIF District is about to expire
      • Contact your tax extension official
      • Calculate amount of recovered TIF value
      • Prepare to increase levy to capture recovered TIF value
  • Use of TIF Districts Began Increasing in the 1990’s
    • These TIF Districts May End Soon (23 Years)
property tax exemptions
Property Tax Exemptions
  • Notice where exemption will reduce AV by $100,000 or more
  • Must monitor exemption requests
  • Especially true for hospitals, not-for-profits, and healthcare-related properties
  • Where appropriate, ask BoR to revoke exempt status
property tax exemptions1
Property Tax Exemptions
  • Charitable Exemptions for Hospitals
    • Provena Covenant Medical Center v. Dept. of Revenue
    • How much free care constitutes charity?
    • Decisions pending at the Dept. of Revenue
  • Caution Warranted
    • An exempt property returning to the tax rolls can increase revenue as “new property” under PTELL
    • But, if exemption reinstated, revenue collected must be refunded with interest
additional incentives
Additional Incentives
  • Assessment Incentives (Cook County)
    • Class 6, 7, 8, and 9
  • Real estate tax abatements
  • Business District Tax
  • Special Service Areas
  • Others
tax rate objections
Tax Rate Objections
  • Challenge to levy, budget, fund transfers, etc.
  • Filed on an annual basis
  • Several recent court decisions
your questions

Your Questions

Ares G. Dalianis

Franczek Radelet P.C.

agd@franczek.com

312.786.6163